sec.75CAuthorisation to enter to facilitate compliance with s 74X or this division

### sec.75C Authorisation to enter to facilitate compliance with s 74X or this division The Minister may, by notice, authorise a former holder of a 1923 Act petroleum tenure to enter any of the following land to comply with, or remedy a contravention of, section 74X or this division— the land to which section 74X or this division applies ( primary land ); any other land ( secondary land ) necessary or desirable to cross for access to the primary land. For the power of an authorised person to ensure compliance, see section 80L . Section 74X , the definition conditions in section 2 and the Common Provisions Act , chapter 3 , part 2 (other than division 5 ) and parts 3 and 7 apply to the former holder for the purpose of the authorisation as if— the tenure were still in force (the notional tenure ); and the former holder is the holder of the notional tenure; and the primary land and any secondary land are in the area of the notional tenure; and the compliance or the remedying of the contravention were authorised activities for the notional tenure. However, the power under this section does not include the power to enter a structure, or a part of a structure, used for residential purposes without the consent of the occupier of the structure or part of the structure. If the former holder intends to enter the land and any occupier of the land is present at the land, the former holder also must show, or make a reasonable attempt to show, the occupier the former holder’s authorisation under this section. s 75C ins 2004 No. 26 s 46 amd 2012 No. 20 s 125 sch 1 ; 2018 No. 24 s 186 (sec.75C-ssec.1) The Minister may, by notice, authorise a former holder of a 1923 Act petroleum tenure to enter any of the following land to comply with, or remedy a contravention of, section 74X or this division— the land to which section 74X or this division applies ( primary land ); any other land ( secondary land ) necessary or desirable to cross for access to the primary land. For the power of an authorised person to ensure compliance, see section 80L . (sec.75C-ssec.2) Section 74X , the definition conditions in section 2 and the Common Provisions Act , chapter 3 , part 2 (other than division 5 ) and parts 3 and 7 apply to the former holder for the purpose of the authorisation as if— the tenure were still in force (the notional tenure ); and the former holder is the holder of the notional tenure; and the primary land and any secondary land are in the area of the notional tenure; and the compliance or the remedying of the contravention were authorised activities for the notional tenure. (sec.75C-ssec.3) However, the power under this section does not include the power to enter a structure, or a part of a structure, used for residential purposes without the consent of the occupier of the structure or part of the structure. (sec.75C-ssec.4) If the former holder intends to enter the land and any occupier of the land is present at the land, the former holder also must show, or make a reasonable attempt to show, the occupier the former holder’s authorisation under this section. - (a) the land to which section 74X or this division applies ( primary land ); - (b) any other land ( secondary land ) necessary or desirable to cross for access to the primary land. - (a) the tenure were still in force (the notional tenure ); and - (b) the former holder is the holder of the notional tenure; and - (c) the primary land and any secondary land are in the area of the notional tenure; and - (d) the compliance or the remedying of the contravention were authorised activities for the notional tenure.