Currently under the Mineral Resources Act, the Mining Minister has the power to declare restricted land under two Categories.
- Category A — written consent by the landholder for activities within 100 metres of a building used for accommodation, business, community, sporting, recreational or worship purposes;
- Category B — written consent by the landholder for activities within 50 metres of a stockyard, bore, dam, other water storage or place of burial.
The restricted land provisions clearly delineate land that is restricted from resource activity and essentially mean that a property owner can refuse entry to resource companies.
As these provisions currently do not exist under the Petroleum and Gas Act (Production and Safety) Act 2004, Petroleum Act 1923and Greenhouse Gas Storage Act 2009, the new Bill will introduce them. This means that the authorities granted under the petroleum legislation, such as coal seam gas exploration and production authorities, must comply with the restricted land provisions. It also means that a landholder can say ‘no’ to resource activities within Categories A or B.
Restricted land means restricted land (Category A) or (Category B).
Restricted land (Category A) means land within 100m laterallyof a permanent building used:
- mainly as accommodation or for business purposes; or
- for community, sporting or recreational purposes or as a place of worship.
Restricted land (Category B) means land within 50m laterally of any of the following features:
- a principal stockyard;
- a bore or artesian well;
- a dam;
- another artificial water storage connected to a water supply; or
- a cemetery or burial place.
