sec.228DLand access requirements for particular applications under Mineral Resources Act not decided before commencement

### sec.228D Land access requirements for particular applications under Mineral Resources Act not decided before commencement This section applies if— before the commencement, a person applied for a prospecting permit, exploration permit or mineral development licence under the pre-amended Mineral Resources Act; and the prospecting permit, exploration permit or mineral development licence is granted after the commencement; and if the permit or licence had been granted under the pre-amended Mineral Resources Act—the holder of the permit or licence would have been permitted under section 19 (4) , 129 (3) or 181 (8) of that Act to enter, or enter the surface of, restricted land only with the written consent of the owner of the land where the relevant permanent building, or relevant feature, was situated. The pre-amended Mineral Resources Act continues to apply in relation to entry to the restricted land as if— the new restricted land entry provisions had not commenced; and the Mineral Resources Act, sections 19, 20, 129 and 181, and schedule 2, definitions restricted land , restricted land (category A) and restricted land (category B) had not been replaced or repealed. In this section— commencement means the commencement of chapter 3. s 228D ins 2017 No. 34 s 80 (sec.228D-ssec.1) This section applies if— before the commencement, a person applied for a prospecting permit, exploration permit or mineral development licence under the pre-amended Mineral Resources Act; and the prospecting permit, exploration permit or mineral development licence is granted after the commencement; and if the permit or licence had been granted under the pre-amended Mineral Resources Act—the holder of the permit or licence would have been permitted under section 19 (4) , 129 (3) or 181 (8) of that Act to enter, or enter the surface of, restricted land only with the written consent of the owner of the land where the relevant permanent building, or relevant feature, was situated. (sec.228D-ssec.2) The pre-amended Mineral Resources Act continues to apply in relation to entry to the restricted land as if— the new restricted land entry provisions had not commenced; and the Mineral Resources Act, sections 19, 20, 129 and 181, and schedule 2, definitions restricted land , restricted land (category A) and restricted land (category B) had not been replaced or repealed. (sec.228D-ssec.3) In this section— commencement means the commencement of chapter 3. - (a) before the commencement, a person applied for a prospecting permit, exploration permit or mineral development licence under the pre-amended Mineral Resources Act; and - (b) the prospecting permit, exploration permit or mineral development licence is granted after the commencement; and - (c) if the permit or licence had been granted under the pre-amended Mineral Resources Act—the holder of the permit or licence would have been permitted under section 19 (4) , 129 (3) or 181 (8) of that Act to enter, or enter the surface of, restricted land only with the written consent of the owner of the land where the relevant permanent building, or relevant feature, was situated. - (a) the new restricted land entry provisions had not commenced; and - (b) the Mineral Resources Act, sections 19, 20, 129 and 181, and schedule 2, definitions restricted land , restricted land (category A) and restricted land (category B) had not been replaced or repealed.