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Mineral and Energy Resources (Common Provisions) Act 2014
sec.45Right to elect to opt out
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### sec.45 Right to elect to opt out
An owner or occupier of land may elect to opt out of entering into a conduct and compensation agreement or a deferral agreement with a resource authority holder.
The election to opt out is an opt-out agreement and is invalid if it does not comply with the prescribed requirements for the agreement.
Despite any term of the opt-out agreement, either party to the agreement may, by giving written notice to the other parties to the agreement, unilaterally terminate the agreement within 10 business days of a signed copy of the agreement being given to the owner or occupier of land.
An opt-out agreement for land ends—
according to its terms; or
if the resource authority ends; or
if it is terminated by a party under subsection (3) ; or
if the parties enter into any of the following agreements—
a deferral agreement;
a conduct and compensation agreement:
another opt-out agreement for the land.
An opt-out agreement does not negate a resource authority holder’s liability to compensate an eligible claimant. See section 81 .
s 45 amd 2018 No. 24 s 35
(sec.45-ssec.1) An owner or occupier of land may elect to opt out of entering into a conduct and compensation agreement or a deferral agreement with a resource authority holder.
(sec.45-ssec.2) The election to opt out is an opt-out agreement and is invalid if it does not comply with the prescribed requirements for the agreement.
(sec.45-ssec.3) Despite any term of the opt-out agreement, either party to the agreement may, by giving written notice to the other parties to the agreement, unilaterally terminate the agreement within 10 business days of a signed copy of the agreement being given to the owner or occupier of land.
(sec.45-ssec.4) An opt-out agreement for land ends— according to its terms; or if the resource authority ends; or if it is terminated by a party under subsection (3) ; or if the parties enter into any of the following agreements— a deferral agreement; a conduct and compensation agreement: another opt-out agreement for the land. An opt-out agreement does not negate a resource authority holder’s liability to compensate an eligible claimant. See section 81 .
- (a) according to its terms; or
- (b) if the resource authority ends; or
- (c) if it is terminated by a party under subsection (3) ; or
- (d) if the parties enter into any of the following agreements— (i) a deferral agreement; (ii) a conduct and compensation agreement: (iii) another opt-out agreement for the land. Note— An opt-out agreement does not negate a resource authority holder’s liability to compensate an eligible claimant. See section 81 .
- (i) a deferral agreement;
- (ii) a conduct and compensation agreement:
- (iii) another opt-out agreement for the land.
- (i) a deferral agreement;
- (ii) a conduct and compensation agreement:
- (iii) another opt-out agreement for the land.