42Requirement to construct new road

42 Requirement to construct new road (1) This section applies in relation to an application for the grant of an ML for a proposed title area that includes an existing road constructed by a person other than the applicant for the ML.

Mineral Titles Act 2010 26 (2) If, immediately or soon after the grant of an ML, the existing road will become unusable because of the authorised activities being (or soon to be) conducted under the ML, the Minister may: (a) require the applicant to construct another road, to a standard acceptable to the Minister, for use instead of the existing road; and (b) grant an ML only if the applicant gives the Minister a written undertaking that the applicant will comply with the requirement under paragraph (a). (3) If the existing road will not become unusable immediately or soon after the grant of an ML because of the authorised activities to be conducted under the ML, but may become unusable for that reason in the future, the Minister may grant an ML only if the applicant gives the Minister a written undertaking that the applicant will comply with a future requirement of the Minister as mentioned in subsection (2)(a). (4) If the Minister grants an ML in accordance with subsection (2) or (3), the Minister may include a condition in the ML relating to the required construction of the other road.