QLDIn ForceAct
Mineral Resources Act 1989
sec.334ZZTRight of entry to facilitate decommissioning
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### sec.334ZZT Right of entry to facilitate decommissioning
This section applies if—
an owner of a water monitoring bore has not decommissioned the bore as required under section 334ZZS ; and
the mineral development licence, mining lease or water monitoring authority under which the bore was constructed has ended or the land on which the bore is located is no longer in the area of the licence, lease or authority.
The owner may enter the following land to carry out the decommissioning—
land (the primary land ) on which the decommissioning must be, or was required to be, carried out;
any other land (the access land ) it is reasonably necessary to cross for access to the primary land.
The Common Provisions Act , chapter 3 , parts 2 , 3 and 6 and part 7 , divisions 1 , 2 and 5 applies to the owner in the following way—
if the mineral development licence or water monitoring authority under which the bore was constructed has ended, as if—
it were still in force; and
the owner is its holder;
if the mining lease under which the bore was constructed has ended, as if—
it were still in force; and
the owner is its holder; and
the Common Provisions Act , sections 37 , 56 (2) and 80 did not exclude the application of chapter 2 , parts 2 , 3 and 7 to a mining lease;
as if the primary land and access land are in the area of the mineral development licence, mining lease or water monitoring authority under which the bore was constructed;
as if the decommissioning is an authorised activity for the mineral development licence, mining lease or water monitoring authority under which the bore was constructed.
s 334ZZT ins 2018 No. 24 s 142
amd 2024 No. 33 s 183 s ch 1 pt 1
(sec.334ZZT-ssec.1) This section applies if— an owner of a water monitoring bore has not decommissioned the bore as required under section 334ZZS ; and the mineral development licence, mining lease or water monitoring authority under which the bore was constructed has ended or the land on which the bore is located is no longer in the area of the licence, lease or authority.
(sec.334ZZT-ssec.2) The owner may enter the following land to carry out the decommissioning— land (the primary land ) on which the decommissioning must be, or was required to be, carried out; any other land (the access land ) it is reasonably necessary to cross for access to the primary land.
(sec.334ZZT-ssec.3) The Common Provisions Act , chapter 3 , parts 2 , 3 and 6 and part 7 , divisions 1 , 2 and 5 applies to the owner in the following way— if the mineral development licence or water monitoring authority under which the bore was constructed has ended, as if— it were still in force; and the owner is its holder; if the mining lease under which the bore was constructed has ended, as if— it were still in force; and the owner is its holder; and the Common Provisions Act , sections 37 , 56 (2) and 80 did not exclude the application of chapter 2 , parts 2 , 3 and 7 to a mining lease; as if the primary land and access land are in the area of the mineral development licence, mining lease or water monitoring authority under which the bore was constructed; as if the decommissioning is an authorised activity for the mineral development licence, mining lease or water monitoring authority under which the bore was constructed.
- (a) an owner of a water monitoring bore has not decommissioned the bore as required under section 334ZZS ; and
- (b) the mineral development licence, mining lease or water monitoring authority under which the bore was constructed has ended or the land on which the bore is located is no longer in the area of the licence, lease or authority.
- (a) land (the primary land ) on which the decommissioning must be, or was required to be, carried out;
- (b) any other land (the access land ) it is reasonably necessary to cross for access to the primary land.
- (a) if the mineral development licence or water monitoring authority under which the bore was constructed has ended, as if— (i) it were still in force; and (ii) the owner is its holder;
- (i) it were still in force; and
- (ii) the owner is its holder;
- (b) if the mining lease under which the bore was constructed has ended, as if— (i) it were still in force; and (ii) the owner is its holder; and (iii) the Common Provisions Act , sections 37 , 56 (2) and 80 did not exclude the application of chapter 2 , parts 2 , 3 and 7 to a mining lease;
- (i) it were still in force; and
- (ii) the owner is its holder; and
- (iii) the Common Provisions Act , sections 37 , 56 (2) and 80 did not exclude the application of chapter 2 , parts 2 , 3 and 7 to a mining lease;
- (c) as if the primary land and access land are in the area of the mineral development licence, mining lease or water monitoring authority under which the bore was constructed;
- (d) as if the decommissioning is an authorised activity for the mineral development licence, mining lease or water monitoring authority under which the bore was constructed.
- (i) it were still in force; and
- (ii) the owner is its holder;
- (i) it were still in force; and
- (ii) the owner is its holder; and
- (iii) the Common Provisions Act , sections 37 , 56 (2) and 80 did not exclude the application of chapter 2 , parts 2 , 3 and 7 to a mining lease;