sec.317Variation of access to mining lease area

### sec.317 Variation of access to mining lease area The holder of a mining lease may apply to the chief executive in the approved form for a variation of the land used or proposed to be used as access in relation to the area of the mining lease. An application for a variation of the land used or to be used as access under this section shall be accompanied by— such particulars as are, by section 245 , required to accompany an application for the grant of a mining lease in so far as those particulars relate to the land used or proposed to be used as access in relation to surface area of the land the subject of the mining lease; and the prescribed application fee. Where, in respect of an application for a variation of the land used or proposed to be used as access under this section, the chief executive is not satisfied that the owner of the land proposed to be used as access consents to the use, the chief executive must refer the issue of consent to the Land Court for its consideration. The Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following— the chief executive; the applicant; the land owner. The date must be at least 20 business days after the day the Land Court fixes the hearing date. The Land Court shall hear and determine the matter by determining— that consent to the proposed variation should or should not be given; and if consent should be given—the amount (if any) of compensation payable by the holder in respect of the proposed use of that land as access. Without limiting subsection (5) , the Land Court may determine that consent to the proposed variation should not be given if the court considers the variation is not in the public interest. Subject to subsection (7) , the provisions of section 281 (3) to (7) apply in respect of a matter referred to the Land Court under this section as if the matter were an application referred to the Land Court under section 281 (1) . In determining compensation payable under subsection (5) , allowance shall be made for compensation agreed or determined to be payable in respect of the current land used as access in respect of the mining lease. The determination of the Land Court of a matter under this section shall be final and conclusive. In respect of an application made under this section, upon— where the proposed access is over land of which there is an owner— lodgement with the chief executive of the consent in writing of the owner or owners of that land; or where the Land Court determines that consent should be granted, whether with or without compensation, compliance with any terms and conditions imposed by the Land Court to be complied with before consent is given; and where the proposed access is over land of which there is no owner, the chief executive determining that the variation is, in the circumstances, appropriate; the chief executive shall record the variation of that access in the register and advise the holder and the owner accordingly. Without limiting subsection (9) (a) (ii) , the Land Court may impose terms and conditions to be complied with before consent is given if the court considers the condition is in the public interest. An agreement made between a holder and an owner of land regarding compensation payable in respect of the proposed use of the land as access in respect of a mining lease as a result of a variation under this section shall not be effective unless and until— it is in writing signed by or on behalf of the parties; and it is filed. s 317 ins 1990 No. 30 s 37 amd 1995 No. 21 s 3 sch ; 1999 No. 7 s 87 sch 3 ; 2005 No. 8 s 36 ; 2007 No. 39 s 41 sch ; 2008 No. 56 s 67 ; 2012 No. 20 s 125 sch 1 , s 281 sch 2 ; 2013 No. 10 s 115 ; 2014 No. 47 s 451 ; 2018 No. 24 s 130 (sec.317-ssec.1) The holder of a mining lease may apply to the chief executive in the approved form for a variation of the land used or proposed to be used as access in relation to the area of the mining lease. (sec.317-ssec.2) An application for a variation of the land used or to be used as access under this section shall be accompanied by— such particulars as are, by section 245 , required to accompany an application for the grant of a mining lease in so far as those particulars relate to the land used or proposed to be used as access in relation to surface area of the land the subject of the mining lease; and the prescribed application fee. (sec.317-ssec.3) Where, in respect of an application for a variation of the land used or proposed to be used as access under this section, the chief executive is not satisfied that the owner of the land proposed to be used as access consents to the use, the chief executive must refer the issue of consent to the Land Court for its consideration. (sec.317-ssec.4) The Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following— the chief executive; the applicant; the land owner. (sec.317-ssec.4A) The date must be at least 20 business days after the day the Land Court fixes the hearing date. (sec.317-ssec.5) The Land Court shall hear and determine the matter by determining— that consent to the proposed variation should or should not be given; and if consent should be given—the amount (if any) of compensation payable by the holder in respect of the proposed use of that land as access. (sec.317-ssec.5A) Without limiting subsection (5) , the Land Court may determine that consent to the proposed variation should not be given if the court considers the variation is not in the public interest. (sec.317-ssec.6) Subject to subsection (7) , the provisions of section 281 (3) to (7) apply in respect of a matter referred to the Land Court under this section as if the matter were an application referred to the Land Court under section 281 (1) . (sec.317-ssec.7) In determining compensation payable under subsection (5) , allowance shall be made for compensation agreed or determined to be payable in respect of the current land used as access in respect of the mining lease. (sec.317-ssec.8) The determination of the Land Court of a matter under this section shall be final and conclusive. (sec.317-ssec.9) In respect of an application made under this section, upon— where the proposed access is over land of which there is an owner— lodgement with the chief executive of the consent in writing of the owner or owners of that land; or where the Land Court determines that consent should be granted, whether with or without compensation, compliance with any terms and conditions imposed by the Land Court to be complied with before consent is given; and where the proposed access is over land of which there is no owner, the chief executive determining that the variation is, in the circumstances, appropriate; the chief executive shall record the variation of that access in the register and advise the holder and the owner accordingly. (sec.317-ssec.9A) Without limiting subsection (9) (a) (ii) , the Land Court may impose terms and conditions to be complied with before consent is given if the court considers the condition is in the public interest. (sec.317-ssec.10) An agreement made between a holder and an owner of land regarding compensation payable in respect of the proposed use of the land as access in respect of a mining lease as a result of a variation under this section shall not be effective unless and until— it is in writing signed by or on behalf of the parties; and it is filed. - (a) such particulars as are, by section 245 , required to accompany an application for the grant of a mining lease in so far as those particulars relate to the land used or proposed to be used as access in relation to surface area of the land the subject of the mining lease; and - (b) the prescribed application fee. - (a) the chief executive; - (b) the applicant; - (c) the land owner. - (a) that consent to the proposed variation should or should not be given; and - (b) if consent should be given—the amount (if any) of compensation payable by the holder in respect of the proposed use of that land as access. - (a) where the proposed access is over land of which there is an owner— (i) lodgement with the chief executive of the consent in writing of the owner or owners of that land; or (ii) where the Land Court determines that consent should be granted, whether with or without compensation, compliance with any terms and conditions imposed by the Land Court to be complied with before consent is given; and - (i) lodgement with the chief executive of the consent in writing of the owner or owners of that land; or - (ii) where the Land Court determines that consent should be granted, whether with or without compensation, compliance with any terms and conditions imposed by the Land Court to be complied with before consent is given; and - (b) where the proposed access is over land of which there is no owner, the chief executive determining that the variation is, in the circumstances, appropriate; - (i) lodgement with the chief executive of the consent in writing of the owner or owners of that land; or - (ii) where the Land Court determines that consent should be granted, whether with or without compensation, compliance with any terms and conditions imposed by the Land Court to be complied with before consent is given; and - (a) it is in writing signed by or on behalf of the parties; and - (b) it is filed.