QLDIn ForceAct
Petroleum and Gas (Production and Safety) Act 2004
sec.561Authorisation to enter to facilitate compliance with s 555 or this division
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### sec.561 Authorisation to enter to facilitate compliance with s 555 or this division
The Minister may, by notice, authorise a former holder of a petroleum authority to enter any of the following land to comply with, or remedy a contravention of, section 555 or this division—
the land to which section 555 or this division applies ( primary land );
any other land ( secondary land ) necessary or desirable to cross for access to the primary land.
Sections 20 and 557 and the Common Provisions Act , chapter 3 , parts 2 , 3 and 7 apply to the former holder for the purpose of the authorisation as if—
the authority were still in force (the notional authority ); and
the former holder is the holder of the notional authority; and
the primary land and any secondary land are in the area of the notional authority; and
the compliance or the remedying of the contravention were authorised activities for the notional authority.
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 561 amd 2011 No. 2 s 121 ; 2012 No. 20 s 125 sch 1 ; 2018 No. 24 s 219
(sec.561-ssec.1) The Minister may, by notice, authorise a former holder of a petroleum authority to enter any of the following land to comply with, or remedy a contravention of, section 555 or this division— the land to which section 555 or this division applies ( primary land ); any other land ( secondary land ) necessary or desirable to cross for access to the primary land.
(sec.561-ssec.2) Sections 20 and 557 and the Common Provisions Act , chapter 3 , parts 2 , 3 and 7 apply to the former holder for the purpose of the authorisation as if— the authority were still in force (the notional authority ); and the former holder is the holder of the notional authority; and the primary land and any secondary land are in the area of the notional authority; and the compliance or the remedying of the contravention were authorised activities for the notional authority.
(sec.561-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.561-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 555 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 authority were still in force (the notional authority ); and
- (b) the former holder is the holder of the notional authority; and
- (c) the primary land and any secondary land are in the area of the notional authority; and
- (d) the compliance or the remedying of the contravention were authorised activities for the notional authority.