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Mineral and Energy Resources (Common Provisions) Act 2014
sec.72Application to Land Court for declaration
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### sec.72 Application to Land Court for declaration
A prescribed person may apply to the Land Court for an order declaring the following—
whether particular land is restricted land for a resource authority or the Mineral Resources Act , schedule 1 , section 2 ;
whether a particular activity is a prescribed activity for a resource authority.
The Land Court must—
if an application is made under subsection (1) (a) —make an order declaring whether the land is restricted land for the resource authority or the Mineral Resources Act , schedule 1 , section 2 ; or
if an application is made under subsection (1) (b) —make an order declaring whether the activity is a prescribed activity.
The Court may make the other orders the Court considers appropriate.
In this section—
prescribed person , for land, means—
an owner or occupier of the land; or
a holder of a resource authority for an area including the land; or
a person carrying out, or intending to carry out, an activity on the land under the Mineral Resources Act , section 386V .
s 72 amd 2016 No. 30 s 11
(sec.72-ssec.1) A prescribed person may apply to the Land Court for an order declaring the following— whether particular land is restricted land for a resource authority or the Mineral Resources Act , schedule 1 , section 2 ; whether a particular activity is a prescribed activity for a resource authority.
(sec.72-ssec.2) The Land Court must— if an application is made under subsection (1) (a) —make an order declaring whether the land is restricted land for the resource authority or the Mineral Resources Act , schedule 1 , section 2 ; or if an application is made under subsection (1) (b) —make an order declaring whether the activity is a prescribed activity.
(sec.72-ssec.3) The Court may make the other orders the Court considers appropriate.
(sec.72-ssec.4) In this section— prescribed person , for land, means— an owner or occupier of the land; or a holder of a resource authority for an area including the land; or a person carrying out, or intending to carry out, an activity on the land under the Mineral Resources Act , section 386V .
- (a) whether particular land is restricted land for a resource authority or the Mineral Resources Act , schedule 1 , section 2 ;
- (b) whether a particular activity is a prescribed activity for a resource authority.
- (a) if an application is made under subsection (1) (a) —make an order declaring whether the land is restricted land for the resource authority or the Mineral Resources Act , schedule 1 , section 2 ; or
- (b) if an application is made under subsection (1) (b) —make an order declaring whether the activity is a prescribed activity.
- (a) an owner or occupier of the land; or
- (b) a holder of a resource authority for an area including the land; or
- (c) a person carrying out, or intending to carry out, an activity on the land under the Mineral Resources Act , section 386V .