sec.43Carrying out advanced activities on private land requires agreement

### sec.43 Carrying out advanced activities on private land requires agreement A person must not enter private land to carry out an advanced activity for a resource authority unless each owner and occupier of the land— is a party to a conduct and compensation agreement about the advanced activity and its effects; or is a party to a deferral agreement; or has elected to opt out from entering into a conduct and compensation agreement or deferral agreement under section 45 ; or is a party to— an arbitration under part 7 , division 2 , subdivision 3A ; or an application to the Land Court under section 96 . Maximum penalty—500 penalty units. This section does not apply for an entry to private land to carry out an advanced activity for a resource authority if— the resource authority holder owns the land; or the resource authority holder has an independent legal right to enter the land to carry out the activity; or the entry is to preserve life or property or because of an emergency that exists or may exist; or the entry is authorised under the relevant Resource Act for the resource authority; or the entry is of a type prescribed by regulation. This section does not limit the requirement under section 39 for a person to give an entry notice about the entry to private land for a purpose mentioned in section 38 . In this section— independent legal right , to enter land, means a right to enter the land that is enforceable under any law, including a common law right, but does not include a right to enter the land under this Act or a Resource Act. s 43 amd 2016 No. 30 s 114 sch 1 ; 2018 No. 24 s 33 (sec.43-ssec.1) A person must not enter private land to carry out an advanced activity for a resource authority unless each owner and occupier of the land— is a party to a conduct and compensation agreement about the advanced activity and its effects; or is a party to a deferral agreement; or has elected to opt out from entering into a conduct and compensation agreement or deferral agreement under section 45 ; or is a party to— an arbitration under part 7 , division 2 , subdivision 3A ; or an application to the Land Court under section 96 . Maximum penalty—500 penalty units. (sec.43-ssec.2) This section does not apply for an entry to private land to carry out an advanced activity for a resource authority if— the resource authority holder owns the land; or the resource authority holder has an independent legal right to enter the land to carry out the activity; or the entry is to preserve life or property or because of an emergency that exists or may exist; or the entry is authorised under the relevant Resource Act for the resource authority; or the entry is of a type prescribed by regulation. (sec.43-ssec.3) This section does not limit the requirement under section 39 for a person to give an entry notice about the entry to private land for a purpose mentioned in section 38 . (sec.43-ssec.4) In this section— independent legal right , to enter land, means a right to enter the land that is enforceable under any law, including a common law right, but does not include a right to enter the land under this Act or a Resource Act. - (a) is a party to a conduct and compensation agreement about the advanced activity and its effects; or - (b) is a party to a deferral agreement; or - (c) has elected to opt out from entering into a conduct and compensation agreement or deferral agreement under section 45 ; or - (d) is a party to— (i) an arbitration under part 7 , division 2 , subdivision 3A ; or (ii) an application to the Land Court under section 96 . - (i) an arbitration under part 7 , division 2 , subdivision 3A ; or - (ii) an application to the Land Court under section 96 . - (i) an arbitration under part 7 , division 2 , subdivision 3A ; or - (ii) an application to the Land Court under section 96 . - (a) the resource authority holder owns the land; or - (b) the resource authority holder has an independent legal right to enter the land to carry out the activity; or - (c) the entry is to preserve life or property or because of an emergency that exists or may exist; or - (d) the entry is authorised under the relevant Resource Act for the resource authority; or - (e) the entry is of a type prescribed by regulation.