Part 9Entry upon land, compensation and restoration

Part 9—Entry upon land, compensation and restoration 57—Entry on land Subject to this Part, a person authorised to undertake prospecting, exploration, mining for minerals or ancillary operations under this Act— (a) may enter any mineral land (except exempt land) for the purpose of carrying out authorised operations in accordance with this Act; and (b) may enter exempt land for the purpose of establishing or otherwise identifying a claim. 58—How entry on land may be authorised A tenement holder may enter land to carry out authorised operations on the land— (a) if the tenement holder has an agreement1 with the owner of the land authorising the tenement holder to enter the land to carry out authorised operations on the land; or (ab) if the tenement holder has an agreement or order to waive the benefit of an exemption under section 9AA; or (ac) if the tenement holder has obtained the written consent of the owner of the land under section 75; or (b) if the tenement holder is authorised by a native title mining determination to enter the land to carry out authorised operations on the land; or (ba) if the tenement holder is authorised by an indigenous land use agreement registered under the Native Title Act 1993 (Cwth) to enter the land to carry out authorised operations on the land; or (c) if— (i) the tenement holder has given any notice required under section 58A; and (ii) the authorised operations will not affect native title in the land; and (iii) the tenement holder complies with any determination made on objection to entry on the land, or the use or unconditional use of the land, or portion of the land, for authorised operations;2 or (d) if the land to be entered is in a precious stones field and the authorised operations will not affect native title in the land; or (e) if the tenement holder enters the land to continue authorised operations that had been lawfully commenced on the land before the commencement of this section. A tenement holder's right to enter land to carry out mining operations on the land is contingent on the operator holding the relevant mineral tenement.