sec.363EEntry rights for particular activities during suspension

### sec.363E Entry rights for particular activities during suspension An authority to prospect holder to whom section 363D applies may, without an agreement mentioned in that section, enter the overlapping mineral (f) land to— carry out rehabilitation or environmental management required of the holder under any relevant environmental requirement under the Environmental Protection Act ; or carry out low impact environmental monitoring; or the monitoring of air, ecology, fauna, hydrology, soil or water move, remove or maintain equipment, machinery or plant; or carry out improvement restoration for the authority to prospect; or carry out care and maintenance of disturbed areas; or carry out low impact track construction or maintenance; or use or maintain infrastructure put in place on the land before the commencement of this section; or put in place or maintain infrastructure for a purpose, or to do an activity, mentioned in paragraphs (d) to (g) ; or construct pipelines for transporting water in the area of mineral development licence 374 for infrastructure mentioned in paragraph (g) , if— the construction is an authorised activity for the authority to prospect; and the mineral (f) tenure holder for the land has agreed in writing to the location of the pipelines; and a copy of the agreement has been lodged; and the agreement is still in force. Subsection (1) is subject to section 363F . The authority holder’s rights and obligations under the rest of this Act continue to apply for an entry and the carrying out of an activity authorised under subsection (1) . In this section— improvement restoration , for an authority to prospect, means the repair of any damage caused by an activity under the authority to all pre-existing improvements on, or attached to, the land subject to the authority by— restoring them to the same, or substantially the same, condition they were in before the damage happened; or replacing them with another improvement in the condition mentioned in paragraph (a) . rest of this Act means the provisions of this Act other than this part. s 363E ins 2010 No. 31 s 433 amd 2012 No. 20 s 281 sch 2 (sec.363E-ssec.1) An authority to prospect holder to whom section 363D applies may, without an agreement mentioned in that section, enter the overlapping mineral (f) land to— carry out rehabilitation or environmental management required of the holder under any relevant environmental requirement under the Environmental Protection Act ; or carry out low impact environmental monitoring; or the monitoring of air, ecology, fauna, hydrology, soil or water move, remove or maintain equipment, machinery or plant; or carry out improvement restoration for the authority to prospect; or carry out care and maintenance of disturbed areas; or carry out low impact track construction or maintenance; or use or maintain infrastructure put in place on the land before the commencement of this section; or put in place or maintain infrastructure for a purpose, or to do an activity, mentioned in paragraphs (d) to (g) ; or construct pipelines for transporting water in the area of mineral development licence 374 for infrastructure mentioned in paragraph (g) , if— the construction is an authorised activity for the authority to prospect; and the mineral (f) tenure holder for the land has agreed in writing to the location of the pipelines; and a copy of the agreement has been lodged; and the agreement is still in force. (sec.363E-ssec.2) Subsection (1) is subject to section 363F . (sec.363E-ssec.3) The authority holder’s rights and obligations under the rest of this Act continue to apply for an entry and the carrying out of an activity authorised under subsection (1) . (sec.363E-ssec.4) In this section— improvement restoration , for an authority to prospect, means the repair of any damage caused by an activity under the authority to all pre-existing improvements on, or attached to, the land subject to the authority by— restoring them to the same, or substantially the same, condition they were in before the damage happened; or replacing them with another improvement in the condition mentioned in paragraph (a) . rest of this Act means the provisions of this Act other than this part. - (a) carry out rehabilitation or environmental management required of the holder under any relevant environmental requirement under the Environmental Protection Act ; or - (b) carry out low impact environmental monitoring; or Examples— the monitoring of air, ecology, fauna, hydrology, soil or water - (c) move, remove or maintain equipment, machinery or plant; or - (d) carry out improvement restoration for the authority to prospect; or - (e) carry out care and maintenance of disturbed areas; or - (f) carry out low impact track construction or maintenance; or - (g) use or maintain infrastructure put in place on the land before the commencement of this section; or - (h) put in place or maintain infrastructure for a purpose, or to do an activity, mentioned in paragraphs (d) to (g) ; or - (i) construct pipelines for transporting water in the area of mineral development licence 374 for infrastructure mentioned in paragraph (g) , if— (i) the construction is an authorised activity for the authority to prospect; and (ii) the mineral (f) tenure holder for the land has agreed in writing to the location of the pipelines; and (iii) a copy of the agreement has been lodged; and (iv) the agreement is still in force. - (i) the construction is an authorised activity for the authority to prospect; and - (ii) the mineral (f) tenure holder for the land has agreed in writing to the location of the pipelines; and - (iii) a copy of the agreement has been lodged; and - (iv) the agreement is still in force. - (i) the construction is an authorised activity for the authority to prospect; and - (ii) the mineral (f) tenure holder for the land has agreed in writing to the location of the pipelines; and - (iii) a copy of the agreement has been lodged; and - (iv) the agreement is still in force. - (a) restoring them to the same, or substantially the same, condition they were in before the damage happened; or - (b) replacing them with another improvement in the condition mentioned in paragraph (a) .