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Mineral and Energy Resources (Common Provisions) Act 2014
sec.39Obligation to give entry notice to owners and occupiers
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### sec.39 Obligation to give entry notice to owners and occupiers
A person must not enter private land for a purpose mentioned in section 38 unless the resource authority holder has given each owner and occupier of the land an entry notice about the entry.
Maximum penalty—500 penalty units.
An entry notice is invalid if—
it does not comply with the prescribed requirements for the notice; or
it states a period for entry that is longer than the maximum period for entry; or
it is not given to an owner or occupier at least 10 business days before the entry.
However, an entry notice is not invalid if—
given to an owner or occupier less than 10 business days before the entry; and
the owner or occupier has agreed in writing to the shorter period.
In this section—
give includes to give by publication if the resource authority holder has been given an approval to do so under section 41 and complies with the approval.
maximum period for entry means the maximum period, prescribed by regulation, that access to land is to be allowed for a particular entry to the land.
s 39 amd 2016 No. 30 s 114 sch 1
(sec.39-ssec.1) A person must not enter private land for a purpose mentioned in section 38 unless the resource authority holder has given each owner and occupier of the land an entry notice about the entry. Maximum penalty—500 penalty units.
(sec.39-ssec.2) An entry notice is invalid if— it does not comply with the prescribed requirements for the notice; or it states a period for entry that is longer than the maximum period for entry; or it is not given to an owner or occupier at least 10 business days before the entry.
(sec.39-ssec.3) However, an entry notice is not invalid if— given to an owner or occupier less than 10 business days before the entry; and the owner or occupier has agreed in writing to the shorter period.
(sec.39-ssec.4) In this section— give includes to give by publication if the resource authority holder has been given an approval to do so under section 41 and complies with the approval. maximum period for entry means the maximum period, prescribed by regulation, that access to land is to be allowed for a particular entry to the land.
- (a) it does not comply with the prescribed requirements for the notice; or
- (b) it states a period for entry that is longer than the maximum period for entry; or
- (c) it is not given to an owner or occupier at least 10 business days before the entry.
- (a) given to an owner or occupier less than 10 business days before the entry; and
- (b) the owner or occupier has agreed in writing to the shorter period.