sec.45Power to enter dispute land

sec.45 Power to enter dispute land

If a land access dispute referral about a conduct and compensation agreement has been accepted by the land access ombudsman, the ombudsman may enter land the subject of the agreement (the dispute land ) if— the party to the land access dispute who is an owner or occupier of the dispute land consents under this subdivision to the entry and section 48 has been complied with for the party; and any owner of the dispute land who is not a party to the land access dispute consents under this subdivision to the entry and section 48 has been complied with for the owner; and any occupier of the dispute land who is not a party to the land access dispute consents under this subdivision to the entry and section 48 has been complied with for the occupier; and for dispute land on which there is a coal mine with a safety and health management system for the coal mine— the party to the land access dispute who is the resource authority holder consents under this subdivision to the entry; and section 48 has been complied with for the party; and for dispute land on which there is a mine with a safety and health management system for the mine— the party to the land access dispute who is the resource authority holder consents under this subdivision to the entry; and section 48 has been complied with for the party; and for dispute land on which there is an operating plant with a safety management system for the operating plant— the party to the land access dispute who is the resource authority holder consents under this subdivision to the entry; and section 48 has been complied with for the party. If a land access dispute referral about a make good agreement has been accepted by the land access ombudsman, the ombudsman may enter land the subject of the agreement (also the dispute land ) if— the party to the land access dispute who is the bore owner consents under this subdivision to the entry and section 48 has been complied with for the party; and any owner of the dispute land who is not a party to the land access dispute consents under this subdivision to the entry and section 48 has been complied with for the owner; and any occupier of the dispute land who is not a party to the land access dispute consents under this subdivision to the entry and section 48 has been complied with for the occupier. The power to enter dispute land under this section is subject to any conditions of a consent given for the entry and ceases if the consent is withdrawn. s 45 amd 2024 No. 33 s 53 (uncommenced amendment) (sec.45-ssec.1) If a land access dispute referral about a conduct and compensation agreement has been accepted by the land access ombudsman, the ombudsman may enter land the subject of the agreement (the dispute land ) if— the party to the land access dispute who is an owner or occupier of the dispute land consents under this subdivision to the entry and section 48 has been complied with for the party; and any owner of the dispute land who is not a party to the land access dispute consents under this subdivision to the entry and section 48 has been complied with for the owner; and any occupier of the dispute land who is not a party to the land access dispute consents under this subdivision to the entry and section 48 has been complied with for the occupier; and for dispute land on which there is a coal mine with a safety and health management system for the coal mine— the party to the land access dispute who is the resource authority holder consents under this subdivision to the entry; and section 48 has been complied with for the party; and for dispute land on which there is a mine with a safety and health management system for the mine— the party to the land access dispute who is the resource authority holder consents under this subdivision to the entry; and section 48 has been complied with for the party; and for dispute land on which there is an operating plant with a safety management system for the operating plant— the party to the land access dispute who is the resource authority holder consents under this subdivision to the entry; and section 48 has been complied with for the party. (sec.45-ssec.2) If a land access dispute referral about a make good agreement has been accepted by the land access ombudsman, the ombudsman may enter land the subject of the agreement (also the dispute land ) if— the party to the land access dispute who is the bore owner consents under this subdivision to the entry and section 48 has been complied with for the party; and any owner of the dispute land who is not a party to the land access dispute consents under this subdivision to the entry and section 48 has been complied with for the owner; and any occupier of the dispute land who is not a party to the land access dispute consents under this subdivision to the entry and section 48 has been complied with for the occupier. (sec.45-ssec.3) The power to enter dispute land under this section is subject to any conditions of a consent given for the entry and ceases if the consent is withdrawn.