sec.334JAccess rights for particular activities

### sec.334J Access rights for particular activities During the moratorium period, the holder of an oil shale mining tenement for the land may— enter the area of the mining tenement to carry out rehabilitation or environmental management mentioned in the Common Provisions Act , section 72B ; and if the mining tenement is not a prospecting permit or exploration permit—enter the area to carry out low impact environmental monitoring; and the monitoring of air, ecology, fauna, hydrology, soil or water enter the area to do all or any of the following— move, remove or maintain equipment, machinery or plant; carry out improvement restoration for the mining tenement; carry out care and maintenance of disturbed areas; carry out low impact track construction or maintenance; put in place or maintain low impact infrastructure for a purpose mentioned in subparagraphs (i) to (iv) . However, if the mining tenement is a prospecting permit or exploration permit, an activity mentioned in subsection (1) (c) (iv) or (v) may be carried out only if it is reasonably necessary because of rehabilitation or environmental management carried out under subsection (1) (a) . The holder’s rights and obligations under the rest of this Act continue to apply for an entry and the carrying out of an activity authorised under subsection (1) . Without limiting subsection (3) , a requirement under the rest of this Act that, other than for this part, would apply for an entry of a type authorised under subsection (1) applies for an entry authorised under subsection (1) . In this section— low impact means of low impact on the environment and of low impact for land disturbance. rest of this Act means the provisions of this Act, other than this part, and the Common Provisions Act . s 334J (prev s 318ELAF) ins 2008 No. 56 s 71 reloc and renum 2012 No. 20 s 300 amd 2017 No. 28 s 26 ; 2019 No. 17 s 230 (sec.334J-ssec.1) During the moratorium period, the holder of an oil shale mining tenement for the land may— enter the area of the mining tenement to carry out rehabilitation or environmental management mentioned in the Common Provisions Act , section 72B ; and if the mining tenement is not a prospecting permit or exploration permit—enter the area to carry out low impact environmental monitoring; and the monitoring of air, ecology, fauna, hydrology, soil or water enter the area to do all or any of the following— move, remove or maintain equipment, machinery or plant; carry out improvement restoration for the mining tenement; carry out care and maintenance of disturbed areas; carry out low impact track construction or maintenance; put in place or maintain low impact infrastructure for a purpose mentioned in subparagraphs (i) to (iv) . (sec.334J-ssec.2) However, if the mining tenement is a prospecting permit or exploration permit, an activity mentioned in subsection (1) (c) (iv) or (v) may be carried out only if it is reasonably necessary because of rehabilitation or environmental management carried out under subsection (1) (a) . (sec.334J-ssec.3) The holder’s rights and obligations under the rest of this Act continue to apply for an entry and the carrying out of an activity authorised under subsection (1) . (sec.334J-ssec.4) Without limiting subsection (3) , a requirement under the rest of this Act that, other than for this part, would apply for an entry of a type authorised under subsection (1) applies for an entry authorised under subsection (1) . (sec.334J-ssec.5) In this section— low impact means of low impact on the environment and of low impact for land disturbance. rest of this Act means the provisions of this Act, other than this part, and the Common Provisions Act . - (a) enter the area of the mining tenement to carry out rehabilitation or environmental management mentioned in the Common Provisions Act , section 72B ; and - (b) if the mining tenement is not a prospecting permit or exploration permit—enter the area to carry out low impact environmental monitoring; and Examples— the monitoring of air, ecology, fauna, hydrology, soil or water - (c) enter the area to do all or any of the following— (i) move, remove or maintain equipment, machinery or plant; (ii) carry out improvement restoration for the mining tenement; (iii) carry out care and maintenance of disturbed areas; (iv) carry out low impact track construction or maintenance; (v) put in place or maintain low impact infrastructure for a purpose mentioned in subparagraphs (i) to (iv) . - (i) move, remove or maintain equipment, machinery or plant; - (ii) carry out improvement restoration for the mining tenement; - (iii) carry out care and maintenance of disturbed areas; - (iv) carry out low impact track construction or maintenance; - (v) put in place or maintain low impact infrastructure for a purpose mentioned in subparagraphs (i) to (iv) . - (i) move, remove or maintain equipment, machinery or plant; - (ii) carry out improvement restoration for the mining tenement; - (iii) carry out care and maintenance of disturbed areas; - (iv) carry out low impact track construction or maintenance; - (v) put in place or maintain low impact infrastructure for a purpose mentioned in subparagraphs (i) to (iv) .