Mineral and Energy Resources (Common Provisions) Regulation 2016
sch.1-sec.5Access points, roads and tracks
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sch.1-sec.5 Access points, roads and tracks
A relevant person must, if practicable, use an existing access point, road or track to enter a landholder’s land. If it is not practicable to comply with subsection (1) , any new access point, road or track, made by the relevant person, must be located at a place and in a way that minimises the impact of the access point, road or track on the landholder’s business or land use activities. A relevant person must, for the period the access point, road or track is used by the person, ensure the access point, road or track is kept in good repair. For subsection (3) , the relevant person must have regard to the condition of the access point, road or track when the person started using them. A relevant person must operate vehicles on a landholder’s land at speeds that— are appropriate for the landholder’s land; and minimise noise, dust and disturbance to the land. A relevant person may operate a vehicle in wet conditions on a landholder’s land only in a way that minimises damage to access points, roads and tracks on the land. If a relevant person has caused damage to an access point, road or track on a landholder’s land, the relevant person must, as soon as practicable— notify the landholder of the damage; and repair the damage. (sch.1-sec.5-ssec.1) A relevant person must, if practicable, use an existing access point, road or track to enter a landholder’s land. (sch.1-sec.5-ssec.2) If it is not practicable to comply with subsection (1) , any new access point, road or track, made by the relevant person, must be located at a place and in a way that minimises the impact of the access point, road or track on the landholder’s business or land use activities. (sch.1-sec.5-ssec.3) A relevant person must, for the period the access point, road or track is used by the person, ensure the access point, road or track is kept in good repair. (sch.1-sec.5-ssec.4) For subsection (3) , the relevant person must have regard to the condition of the access point, road or track when the person started using them. (sch.1-sec.5-ssec.5) A relevant person must operate vehicles on a landholder’s land at speeds that— are appropriate for the landholder’s land; and minimise noise, dust and disturbance to the land. (sch.1-sec.5-ssec.6) A relevant person may operate a vehicle in wet conditions on a landholder’s land only in a way that minimises damage to access points, roads and tracks on the land. (sch.1-sec.5-ssec.7) If a relevant person has caused damage to an access point, road or track on a landholder’s land, the relevant person must, as soon as practicable— notify the landholder of the damage; and repair the damage.
- (a) are appropriate for the landholder’s land; and
- (b) minimise noise, dust and disturbance to the land.
- (a) notify the landholder of the damage; and
- (b) repair the damage.