59 Notice of request for grant of right of access

(1)

Every person wishing to obtain an access arrangement in order to prospect, explore, or mine on or in land shall serve on each owner and occupier of the relevant land a notice in writing of that person’s intention to obtain an access arrangement.

(2)

Every notice under subsection (1) shall, in addition to matters required by regulations, specify—

(a)

the land affected; and

(b)

the purpose for which the right of access is required; and

(c)

the proposed programme of work including the type and duration of work to be carried out and the likely adverse effect on the land or the owner or occupier of the land; and

(d)

the compensation and safeguards against any likely adverse effects proposed; and

(e)

the type of permit held or applied for by the person giving the notice; and

(f)

if the notice relates to access to Crown land or land in the common marine and coastal area, the direct net economic and other benefits of the proposed activity in relation to which the access arrangement is sought.

(3)

Where an access arrangement is obtained by way of agreement, and the requirements of this section were not complied with in a material way, then such agreement shall be of no force or effect unless the non-compliance is waived in writing by the owner or occupier affected.

Section 59(2)(e): amended, on 24 May 2013, by section 40(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 59(2)(f): inserted, on 24 May 2013, by section 40(2) of the Crown Minerals Amendment Act 2013 (2013 No 14).