49Dwelling-houses, gardens and significant improvements

#### 49 Dwelling-houses, gardens and significant improvements 49 Dwelling-houses, gardens and significant improvements > > (1) The holder of an assessment lease may not exercise any of the rights conferred by the lease over the surface of land— > > > > > (a) on which, or within the prescribed distance of which, is situated a dwelling-house that is the principal place of residence of the person occupying it, or > > > > > (b) on which, or within the prescribed distance of which, is situated any garden, or > > > > > (c) on which is situated any significant improvement other than an improvement constructed or used for ancillary mining activities only, > > > > except with the written consent of the owner of the dwelling-house, garden or improvement (and, in the case of the dwelling-house, the written consent of its occupant). > > > (2) The prescribed distance is— > > > > > (a) 200 metres (or, if a greater distance is prescribed by the regulations, the greater distance) for the purposes of subsection (1) (a), and > > > > > (b) 50 metres (or, if a greater distance is prescribed by the regulations, the greater distance) for the purposes of subsection (1) (b). > > > (3) A written consent given under this section is irrevocable. > > > (4) This section does not apply with respect to a dwelling-house, garden or significant improvement owned by the holder of the assessment lease or, if the holder is a corporation, by a related corporation. > > > (5) If a dispute arises as to whether or not subsection (1) applies in a particular case, any party to the dispute may apply to the Land and Environment Court for a determination of the matter. > > > (6) The holder of the assessment lease is to pay the costs of the owner of the dwelling-house, garden or improvement (or occupant of the dwelling-house) in those proceedings in the Land and Environment Court. > > > (7) This section does not apply to the holder of an assessment lease who carries out a seismic survey on a road within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), but only if the holder has given written notice of at least 21 days (or such other period as is prescribed by the regulations) of the carrying out of the seismic survey to the owner of the dwelling-house, garden or significant improvement concerned (and, in the case of a dwelling-house, the occupant). > > **s 49:** Am 1992 No 111, Sch 1; 1996 No 137, Sch 1 \[41\] \[42\]; 1999 No 43, Sch 1 \[2\] \[3\]; 2000 No 90, Sch 2.1 \[3\]; 2008 No 19, Sch 1 \[42\]; 2008 No 68, Sch 1 \[2\] \[3\]; 2008 No 107, Sch 19 \[5\]; 2015 No 41, Sch 1 \[2\].