71Restrictions on rights of holders of leases over cultivated land

#### 71 Restrictions on rights of holders of leases over cultivated land 71 Restrictions on rights of holders of leases over cultivated land > > (1) The holder of a production lease must not carry out any mining operations or erect any works on the surface of any land which is under cultivation except with the consent of the landholder. > > > (2) The Minister may, however, if the Minister considers that the circumstances warrant it, define an area of the surface of any parcel of cultivated land on which mining operations may be carried out or works may be erected, and may specify the nature of the operations to be carried out or the works to be erected. > > > (2A) Before any such operations are commenced or works are erected, an assessment is to be made as to the amount to be paid as compensation for any loss of or damage to any crop on the land concerned. > > > (2B) The assessment is to be made as agreed between the landholder and the holder of the production lease or, failing agreement, by the Land and Environment Court on the application of either or both of them. > > > (3) Cultivation for the growth and spread of pasture grasses is not to be taken to be cultivation within the meaning of this section unless, in the opinion of the Minister, the circumstances so warrant. > > > (4) In the case of dispute as to whether land is or is not under cultivation within the meaning of this section, the Minister’s decision on the matter is final. > > **s 71:** Am 1994 No 45, Sch 1; 2000 No 90, Sch 4 \[8\]; 2008 No 107, Sch 22 \[4\] \[5\].