Crown Minerals Act 1991

Permits, access to land, and other matters - Permits, access to land, and title notations - Access to land other than for minimum impact activity

70: Determination of access arrangement, etc

You could also call this:

"Deciding how to access someone's land and how much to pay them"

Illustration for Crown Minerals Act 1991

When you want to access someone's land, an arbitrator will decide on an access arrangement. The arbitrator will make sure you can access the land on reasonable conditions and give each party a copy of the arrangement. You will get access to the land as soon as the arbitrator makes a decision.

The access arrangement will say how much compensation the landowner will get, as decided by the arbitrator, under section 76. The arbitrator will look at what is fair and make a decision. The landowner's compensation will be based on this decision.

If you do not have the required permit when the access arrangement is decided, the arbitrator will still decide on compensation. The arbitrator will say how much compensation the landowner would get if you had the permit, under section 76. You will only have to pay the compensation if you get the required permit.

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69: Procedure, or

"How the person in charge makes fair decisions at a hearing"


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71: Effect of access arrangement, etc, or

"What happens when an access arrangement is made for land"

Part 1BPermits, access to land, and other matters
Permits, access to land, and title notations: Access to land other than for minimum impact activity

70Determination of access arrangement, etc

  1. As soon as practicable after conducting a hearing, the arbitrator shall determine an access arrangement in respect of the land concerned giving the person desiring access access to the land on reasonable conditions, and serve a copy of the arrangement on each of the parties to the hearing.

  2. An access arrangement that is determined by an arbitrator shall specify the compensation, as assessed by the arbitrator, to which each owner or occupier of the land is entitled under section 76.

  3. Where the person desiring access has not obtained the required permit under this Act at the time of the determination of an access arrangement, the arbitrator shall specify the compensation, as assessed by the arbitrator, to which each owner and occupier would be entitled under section 76 if the person desiring access had obtained the required permit; and in any such case the obligation to pay compensation shall be conditional upon the person desiring access obtaining the required permit.