sec.65Land Court may grant an access right

### sec.65 Land Court may grant an access right This section applies if a person seeking an access right affecting land does not reach agreement with the landholder for the grant. The person may apply to the Land Court to be granted the access right. The applicant must serve a copy of the application on every person the applicant knows may be entitled to claim compensation if the access right is granted. Subsection (3) does not limit the persons on whom a copy of the application must be served under the rules of the Land Court. The Land Court may grant the application only if it is satisfied— the applicant has failed, after reasonable attempts, to negotiate an agreement with the landholder for the access right; and the access right is necessary for a purpose mentioned in section 63 (2) or (5) in relation to the applicant; and the access right, if granted, would not affect native title, or if it would, there is an indigenous land use agreement consenting to the grant. See sections 70 and 71 for the requirement to notify the registrar. The Land Court may impose reasonable conditions on the grant. a condition that the mill owner or grower construct and maintain, at or near the boundaries of the land, cattle grids or other structures In this section— indigenous land use agreement means an indigenous land use agreement under the Native Title Act 1993 (Cwlth) registered on the register of indigenous land use agreements. s 65 sub 2008 No. 22 s 20 (sec.65-ssec.1) This section applies if a person seeking an access right affecting land does not reach agreement with the landholder for the grant. (sec.65-ssec.2) The person may apply to the Land Court to be granted the access right. (sec.65-ssec.3) The applicant must serve a copy of the application on every person the applicant knows may be entitled to claim compensation if the access right is granted. (sec.65-ssec.4) Subsection (3) does not limit the persons on whom a copy of the application must be served under the rules of the Land Court. (sec.65-ssec.5) The Land Court may grant the application only if it is satisfied— the applicant has failed, after reasonable attempts, to negotiate an agreement with the landholder for the access right; and the access right is necessary for a purpose mentioned in section 63 (2) or (5) in relation to the applicant; and the access right, if granted, would not affect native title, or if it would, there is an indigenous land use agreement consenting to the grant. See sections 70 and 71 for the requirement to notify the registrar. (sec.65-ssec.6) The Land Court may impose reasonable conditions on the grant. a condition that the mill owner or grower construct and maintain, at or near the boundaries of the land, cattle grids or other structures (sec.65-ssec.7) In this section— indigenous land use agreement means an indigenous land use agreement under the Native Title Act 1993 (Cwlth) registered on the register of indigenous land use agreements. - (a) the applicant has failed, after reasonable attempts, to negotiate an agreement with the landholder for the access right; and - (b) the access right is necessary for a purpose mentioned in section 63 (2) or (5) in relation to the applicant; and - (c) the access right, if granted, would not affect native title, or if it would, there is an indigenous land use agreement consenting to the grant.