QLDIn ForceAct
Mineral Resources Act 1989
sec.344EEntering land to carry out remediation activities or rehabilitation activities
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### sec.344E Entering land to carry out remediation activities or rehabilitation activities
An authorised person may enter an abandoned mine site to carry out remediation activities, or a final rehabilitation site to carry out rehabilitation activities, if the authorised person has given the owner and occupier of the land the notice of entry required under section 344F .
An authorised person may enter affected land if the owner and occupier of the land have consented to the entry under section 344G .
An authorised person for an abandoned mine site or final rehabilitation site may enter land adjacent to the site if—
the entry is only for the purpose of entering the site under subsection (1) or (4) ; and
entering the adjacent land is the only reasonably practicable way for the authorised person to enter the site; and
the authorised person has given the owner and occupier of the adjacent land the notice of entry required under section 344F .
An authorised person may enter land mentioned in subsection (1) , (2) or (3) without giving notice of entry to, or the consent of, the owner or occupier of the land to carry out remediation activities or rehabilitation activities, if carrying out the activities is necessary to preserve life or property.
This section does not authorise an authorised person to enter a structure used for residential purposes without the consent of the occupier of the structure.
s 344E ins 2020 No. 14 s 147
(sec.344E-ssec.1) An authorised person may enter an abandoned mine site to carry out remediation activities, or a final rehabilitation site to carry out rehabilitation activities, if the authorised person has given the owner and occupier of the land the notice of entry required under section 344F .
(sec.344E-ssec.2) An authorised person may enter affected land if the owner and occupier of the land have consented to the entry under section 344G .
(sec.344E-ssec.3) An authorised person for an abandoned mine site or final rehabilitation site may enter land adjacent to the site if— the entry is only for the purpose of entering the site under subsection (1) or (4) ; and entering the adjacent land is the only reasonably practicable way for the authorised person to enter the site; and the authorised person has given the owner and occupier of the adjacent land the notice of entry required under section 344F .
(sec.344E-ssec.4) An authorised person may enter land mentioned in subsection (1) , (2) or (3) without giving notice of entry to, or the consent of, the owner or occupier of the land to carry out remediation activities or rehabilitation activities, if carrying out the activities is necessary to preserve life or property.
(sec.344E-ssec.5) This section does not authorise an authorised person to enter a structure used for residential purposes without the consent of the occupier of the structure.
- (a) the entry is only for the purpose of entering the site under subsection (1) or (4) ; and
- (b) entering the adjacent land is the only reasonably practicable way for the authorised person to enter the site; and
- (c) the authorised person has given the owner and occupier of the adjacent land the notice of entry required under section 344F .