Part 5Entry to and use of land

Part 5—Entry to and use of land 75—Right of entry to land Subject to this Part— (a) the holder of a renewable energy licence may enter and use designated land within the licence area to undertake authorised operations on the land; and (b) the holder of an associated infrastructure licence that confers a right to enter and use land within the licence area, may enter and use designated land within the licence area to undertake authorised operations on the land; and (c) the holder of a special enterprise licence may enter and use the licence area to undertake authorised operations on the land. 76—Notice of entry (1) This section applies to— (a) a renewable energy licence; and (b) an associated infrastructure licence that confers a right to enter and use designated land; and (c) a special enterprise licence. (2) The holder of a licence to which this section applies must, at least 42 days before entering— (a) in the case of the holder of a special enterprise licence—the licence area; or (b) in any other case—any part of the licence area that comprises designated land, give to each owner of land within the area a written notice in the form required by the regulations— (c) of the licensee's intention to enter the area; and (d) if the licensee proposes to undertake authorised operations—of the nature of the operations to be undertaken in the area, (a notice of entry). Maximum penalty: $20 000. (3) An owner of land who is entitled to receive a notice of entry may, by written notice to the licensee, reduce the required period of notice. (4) A licensee is not required to give a notice of entry to an owner of land who is otherwise entitled to receive a notice of entry if— (a) the licensee has entered into an access agreement with the owner of land in accordance with Part 4 Division 3 Subdivision 6; or (b) in the case of an owner of land who is a native title holder in respect of the land—the licensee holds a licence the grant of which was authorised by a native title agreement that authorises the grant of the licence; or (c) the licensee has previously given a notice of entry in respect of the area to be entered. owner of land includes the holder of a licence under this Act. 77—Notice of commencement of operations to holder of resources tenement (1) This section applies to— (a) a renewable energy feasibility permit; and (b) a hydrogen generation licence; and (c) a renewable energy infrastructure licence; and (d) a renewable energy research licence; and (e) an associated infrastructure licence that does not confer a right to enter and use designated land. (2) The holder of a permit or licence to which this section applies must, at least 42 days before commencing authorised operations in— (a) in the case of a renewable energy feasibility permit—the permit area; or (b) in the case of a hydrogen generation licence—the licence area; or (c) in any other case—any part of the licence area that does not comprise designated land, give to each holder of a resources tenement within the area a written notice in the form required by the regulations of the intention of the holder of the permit or licence to commence authorised operations in the area (a notice of commencement of operations). Maximum penalty: $20 000. (3) The holder of a resources tenement who is entitled to receive a notice of commencement of operations may, by written notice to the person required to give the notice, reduce the required period of notice. (4) The holder of a permit or licence to which this section applies is not required to give a notice of commencement of operations to the holder of a resources tenement who is otherwise entitled to receive a notice of commencement of operations if they have previously given a notice of commencement of operations in respect of the permit or licence area. authorised operations includes activities authorised to be undertaken under a renewable energy feasibility permit. 78—Objections (1) This section applies to the holder of a permit or licence (other than the holder of a special enterprise licence) who has given— (a) a notice of entry to a person under section 76; or (b) a notice of commencement of operations to a person under section 77. (2) A person who has received a notice of entry or a notice of commencement of operations may, by written notice to the licensee who gave the notice, object to the proposed entry or commencement of operations (as the case may be) (a notice of objection). (3) A notice of objection must be given within 42 days after the notice of entry or notice of commencement of operations (as the case may be) has been received by the person. (4) If notice of objection is given, the Minister may attempt to mediate between the parties in order to arrive at mutually satisfactory terms for entry to the area and undertaking authorised operations in the area. (5) If— (a) the Minister decides against attempting to reach a resolution of the dispute by mediation; or (b) an attempt is made but the dispute is not resolved within a period fixed in the regulations for the purposes of this paragraph, either party to the dispute may apply to the ERD Court for a resolution of the dispute. (6) The ERD Court may, on an application under this section, determine— (a) in the case of a dispute in relation to a notice of entry—the terms on which a licensee may enter the relevant licence area and undertake operations in the area; and (b) in the case of a dispute in relation to a notice of commencement of operations—the terms on which a licensee may undertake operations in the area. (7) If a party to the dispute is the holder of a resources tenement, the terms determined by the ERD Court under subsection (6) must not materially diminish the rights of the holder of the resources tenement (and the onus of proving this matter is on the tenement holder). (8) For the purposes of subsection (7)— (a) the terms determined by the ERD Court will not be taken to materially diminish the rights of the holder of the resources tenement merely because— (i) they allow the licensee to undertake activities on an area of land on which the holder of the resources tenement has a right to undertake activities pursuant to their resources tenement; or (ii) of such matters of a kind prescribed by the regulations; and (b) the ERD Court must, in determining whether or not terms materially diminish the rights of the holder of the resources tenement, have regard to any matters prescribed by the regulations for the purposes of this subsection. (9) In this section— authorised operations includes activities authorised to be undertaken under a renewable energy feasibility permit; licence area includes a permit area; licensee includes the holder of a renewable energy feasibility permit. 79—Compensation (1) Subject to this section, the owner of land is entitled to receive compensation from a licensee for any economic loss, hardship or inconvenience suffered by the owner in consequence of authorised operations. (2) In determining the amount of compensation payable under this section, the following matters should be considered: (a) any damage caused to the land by the person undertaking the authorised operations; (b) any loss of productivity or profits as a result of the authorised operations; (c) any other relevant matters. (3) The amount of compensation may include an additional component to cover reasonable costs reasonably incurred by an owner of land in connection with any negotiation or dispute related to— (a) the licensee gaining access to the land; or (b) the operations to be undertaken on the land; or (c) the compensation to be paid under subsection (1). (4) The amount of compensation is to be determined by agreement between the owner of the land and the licensee or, in default of agreement, by the ERD Court. An access agreement or a native title agreement may provide for the amount of compensation that is or may be payable to an owner of land. (5) In assessing compensation under subsection (3), costs in connection with any negotiation or dispute will not be taken to be reasonably incurred if they arise during any period when a reasonable offer of compensation is open to be accepted by the relevant owner of land. (6) In assessing compensation payable to an owner of land under this section, any other compensation paid or payable under this or any other Act or law to them or any other owner of land, insofar as is fair, reasonable and appropriate to do so and to the extent that the compensation relates to the same matter, damage or loss (as the case may require), must be taken into account. (7) If an owner of land who is a native title holder in respect of the land is entitled to receive any compensation under the Native Title Act 1993 of the Commonwealth in respect of the grant of a licence, such compensation is payable by a licensee. (8) Without limiting any other civil right of action of the Crown, if the Crown is liable to pay compensation in respect of the grant of a licence under this Act that affects native title, the Crown is entitled to recover the amount of the compensation from the licensee. (9) For the purposes of this section— (a) a reference to authorised operations will be taken to include a reference to an activity authorised to be undertaken under section 7; and (b) a reference to a licensee— (i) does not include the holder of a hydrogen generation licence; and (ii) does not include the holder of an associated infrastructure licence that does not confer a right to enter and use land within the licence area; and (iii) will be taken to include a reference to the Minister or a person authorised by the Minister to undertake an activity under section 7; and (c) a reference to the owner of land will be taken to only include— (i) the owner of designated land; and (ii) the owner of land on which an activity authorised under section 7 is undertaken; and (iii) the owner of land within the licence area of an associated infrastructure licence to the extent that the licence confers a right to enter and use that land; and (iv) the owner of land within the licence area of a special enterprise licence; and (d) an owner of land who holds a resources tenement in respect of the land is only entitled to receive an amount of compensation for any economic loss, hardship or inconvenience suffered by them in consequence of authorised operations undertaken under a special enterprise licence. 80—Compensation for material diminishment of rights (1) Subject to this section, a person who holds a relevant authority is entitled to receive compensation from a licensee for any loss suffered by them in consequence of authorised operations that have materially diminished the rights of that person (and the onus of proving this matter is on that person). (2) The amount of compensation under subsection (1) is to be determined by agreement between the person who holds the relevant authority and the licensee, or in default of agreement, by the ERD Court. (3) For the purposes of subsection (1), authorised operations will not be taken to have materially diminished the rights of a person who holds a relevant authority merely because— (a) those operations were undertaken on an area of land on which the holder of the relevant authority had a right to undertake activities pursuant to that authority; and (b) of such matters of a kind prescribed by the regulations. (4) Regulations made for the purposes of this section may prescribe— (a) the matters to which a person or the ERD Court (as the case may be) must have regard in determining whether or not there has been material diminishment of the rights of a person who holds a relevant authority; and (b) the matters that may be taken into account in assessing the amount of compensation payable to a person under this section; and (c) limitations on the amount of compensation payable to a person under this section, including limitations that may apply if the person is entitled to receive compensation under another provision of this Act or any other Act or law. relevant authority means an authority under the Fisheries Management Act 2007. 81—Right to require acquisition of land (1) If the activities undertaken by the holder of a special enterprise licence on land substantially impair an owner of land's use and enjoyment of the land, the owner of land may apply to the ERD Court for an order under this section. (2) The ERD Court may, on an application under this section— (a) make an order transferring the owner's land to the licensee; and (b) order the licensee to pay to the owner, by way of compensation— (i) an amount equivalent to the market value of the land; and (ii) a further amount the Court considers just by way of compensation for disturbance.