New South Wales Consolidated Acts

PETROLEUM (ONSHORE) ACT 1991 - SECT 69D

69D Matters for which access arrangement to provide

(1) An access arrangement may make provision for or with respect to the following matters--

(a) the periods during which the holder of the prospecting title is to be permitted access to the land,

(b) the parts of the land in or on which the holder of the prospecting title may prospect and the means by which the holder may gain access to those parts of the land,

(c) the kinds of prospecting operations that may be carried out in or on the land,

(d) the conditions to be observed by the holder of the prospecting title when prospecting in or on the land,

(e) the things which the holder of the prospecting title needs to do in order to protect the environment while having access to the land and carrying out prospecting operations in or on the land,

(g) the manner of resolving any dispute arising in connection with the arrangement,

(h) the manner of varying the arrangement,

(i) the notification to the holder of the prospecting title of particulars of any person who becomes an additional landholder.

(1A) The Secretary may, with the concurrence of the NSW Farmers Association and Australian Petroleum Production and Exploration Association Limited, publish templates for use for standard access arrangements. The use of any such template is not mandatory.

(2) An access arrangement must specify the compensation that is payable to each landholder of the land concerned as a consequence of the holder of the prospecting title carrying out prospecting operations on the land.

(3) In the event of an inconsistency between--

(a) a provision of an access arrangement, and

(b) a provision of this Act, of the regulations or of a condition of a prospecting title,

the provision referred to in paragraph (b) prevails.

(4) If the holder of a prospecting title contravenes an access arrangement, a landholder of the land concerned may deny the holder access to the land until--

(a) the holder ceases the contravention, or

(b) the contravention is remedied to the reasonable satisfaction of, or in the manner directed by, an arbitrator appointed by the Secretary.

The Secretary is to make such an appointment within 48 hours after being requested to do so by the landholder or the holder of a prospecting title and the arbitrator is to deal with the matter within 5 business days of the appointment. If the arbitrator does not deal with the matter within that time, the landholder may deny the holder of the prospecting title access to the land until such time as the matter is determined by the arbitrator.

(5) Subsection (4) does not affect any proceedings that may be brought against the holder of the prospecting title in respect of the contravention of the access arrangement.