Access to land other than for minimum impact activity

53 Access to land for petroleum

(1)

This section shall not apply to minimum impact activities.

(2)

The holder of a permit in respect of petroleum shall not prospect, explore, or mine on or in land to which his or her permit relates otherwise than in accordance with an access arrangement—

(a)

agreed in writing between the permit holder and each owner and occupier of the land; or

(b)

determined by an arbitrator in accordance with this Act.

(3)

Subsection (2) does not apply if the permit relates to—

(a)

land in the continental shelf; or

(b)

land in the common marine and coastal area, but if the permit relates to land described in Schedule 4, the permit holder may exercise the permit only—

(i)

in respect of land that is not subject to a customary marine title order or agreement; and

(ii)

in accordance with an access arrangement agreed in writing between the permit holder, the Minister, and the appropriate Minister in relation to an activity set out in section 61(1A)(a) to (e).

Section 53(3): replaced, on 24 May 2013, by section 38 of the Crown Minerals Amendment Act 2013 (2013 No 14).