383BConsent of landholders and others

383B Consent of landholders and others

383B Consent of landholders and others

(1) This section applies in relation to—

(a) the requirements of sections 31, 49, 62 and 188 that certain rights cannot be exercised or leases or mineral claims cannot be granted except with the written consent of a person or persons specified in the relevant section, and

(b) the provision in section 81 that certain activities may be carried out with the consent of the landholder, and

(c) the requirement of section 140 that certain operations may not be carried out otherwise than in accordance with an access arrangement agreed with each landholder or determined by an arbitrator as referred to in section 140 (1) (b), and

(d) the requirements of any regulations made under section 164 (6) or 211 (6) that restrict the exercise of a right of way otherwise than in accordance with the consent of the landholder, and

(e) the requirements of sections 166 and 213 that certain resources cannot be utilised otherwise than in accordance with the consent of the landholder, and

(f), (g) (Repealed)

(h) the requirement of section 265 (4) that rights cannot be exercised unless the amount of compensation payable to a landholder in respect of a mining area is the subject of a valid agreement or of an assessment.

(2) If a landholder or other person whose consent or agreement must or may be obtained for a purpose mentioned in subsection (1) (a)–(e) or in relation to whom compensation must be agreed on or assessed for the purpose mentioned in subsection (1) (h) cannot, after diligent inquiry, be found or identified—

(a) the rights may be exercised or the lease or mineral claim may be granted without the written consent of the landholder or person concerned, or

(b) the operations may be carried out without the consent of the landholder, or

(c) the operations may be carried out in accordance with any access arrangement made with, or determined in respect of, those landholders (if any) who have been found or identified without the agreement of a landholder who has not been found or identified, or

(d) the right of way may be exercised without the consent of the landholder, or