New South Wales Consolidated Acts

PETROLEUM (ONSHORE) ACT 1991 - SECT 72

72 Restrictions on rights of holders of titles over other land

(1) The holder of a petroleum title must not carry on any prospecting or mining operations or erect any works on the surface of any land--

(a) on which, or within 200 metres of which, is situated a dwelling-house that is a principal place of residence of the person occupying it, or

(b) on which, or within 50 metres of which, is situated any garden, vineyard or orchard, or

(c) on which is situated any significant improvement, other than an improvement constructed or used for mining or prospecting operations,

except with the written consent of the owner of the dwelling-house, garden, vineyard, orchard or improvement (and, in the case of the dwelling-house, the written consent of its occupant).

(2) A consent under this section is irrevocable.

(4) If a dispute arises as to whether or not this section applies in a particular case, any party to the dispute may apply to the Land and Environment Court for a determination of the matter.

(5) The holder of the petroleum title is to pay the costs of the owner of the dwelling-house, garden, vineyard or orchard or improvement (or occupant of the dwelling-house) in those proceedings in the Land and Environment Court.

(6) In this section,
"significant improvement" on land, in relation to a petroleum title or an access arrangement, means a work or structure that--

(a) is a substantial and valuable improvement to the land, and

(b) is reasonably necessary for the operation of the landholder's lawful business or use of the land, and

(c) is fit for its purpose (immediately or with minimal repair), and

(d) cannot reasonably co-exist with the exercise of rights under the petroleum title or the access arrangement without hindrance to the full and unencumbered operation or functionality of the work or structure, and

(e) cannot reasonably be relocated or substituted without material detriment to the landholder,

and includes any work or structure prescribed by the regulations for the purposes of this definition, but does not include any work or structure excluded from this definition by the regulations.

(7) This section does not apply to the holder of a petroleum title who carries out a seismic survey on a road within the meaning of the Road Transport Act 2013 , but only if the holder has given written notice of at least 21 days (or such other period as is prescribed by the regulations) of the carrying out of the seismic survey to the owner of the dwelling-house, garden, vineyard, orchard or improvement concerned (and, in the case of a dwelling-house, the occupant).