Queensland Consolidated Acts Queensland Consolidated Acts(1) During the term of an exploration permit—
(a) the holder of the exploration permit and any person who acts for the purpose of carrying out any activity authorised by the exploration permit, with or by such vehicles, vessels, machinery and equipment as may be necessary or expedient for the purpose of exploring for any mineral to which the exploration permit applies, may, subject to compliance with section 163, enter—
(i) any part of the land comprised in the exploration permit that is not the surface area of a reserve; and
(ii) with the consent of the owner, or the consent of the Governor in Council, any part of the land comprised in the exploration permit that is the surface area of a reserve;
for the purposes of facilitating that exploration;
(b) in respect of any land (or part thereof) to which the exploration permit applies the holder of the exploration permit, subject to compliance with this Act, may have considered for grant, in priority to all other persons, any number of mineral development licences and mining leases relating to any minerals specified in the exploration permit or mining leases for other purposes for which mining leases may be granted and may enter that land for the purpose of doing all acts necessary to comply with this Act relating to an application therefor.
(2) Notwithstanding subsection (1)(a) the holder of an exploration permit is not required to obtain consent in respect of the entry or being upon land that is a reserve for public road where the entry of or being upon that land is solely as access in respect of land the subject of the exploration permit.
(3) An exploration permit authorises a person to enter the surface of restricted land only if—
(a) the owner of the land where the relevant permanent building, or relevant feature, is situated consents in writing to entry; and
(b) the exploration permit holder gives the consent to the chief executive.
(4) Consent given pursuant to subsection (3) shall specify the period of the consent and any conditions applicable to the consent and once given that consent can not be withdrawn.
(5) For the purposes of subsection (1)(a)(ii), the holder of an exploration permit has the consent of an owner of land if that consent in writing has been previously lodged with the chief executive and has not been withdrawn as provided for in subsection (6).
(6) Consent referred to in subsection (1)(a)(ii) can only be withdrawn by the owner of the relevant land giving notice in writing to the chief executive and shall only be effective when the Minister accepts the withdrawal or, if not accepted, after the holder of the exploration permit has been given the opportunity by the Minister to apply for the consent of the Governor in Council in lieu of the owner's consent—
(a) if, within the time allowed by the Minister for the holder to do so, the holder does not apply for that consent, that time expires; or
(b) if, within the time allowed by the Minister for the holder to do so, the holder applies for that consent, the Governor in Council gives or refuses to give that consent.
(7) The holder of an exploration permit, and each person who enters or is upon land under the authority of that exploration permit, shall comply with the terms and conditions upon which any consent required to be given under this Act in respect thereof was given by the owner of that land.
(8) If an owner of land that is a reserve refuses or fails within a reasonable time to give a consent required by subsection (1)(a)(ii) or imposes terms and conditions thereon that the holder of the relevant exploration permit considers to be so harsh as to be unreasonable, the holder of the exploration permit may apply in writing to the Minister who may refuse the application or may recommend to the Governor in Council that consent be given.
(9) Upon receipt of an application under subsection (6) or (8), the Minister shall seek the views of the owner of the relevant land on the application.
(10) If the Minister is satisfied that it is unreasonable for an owner of land that is a reserve to refuse to give to the holder of an exploration permit the consent required by subsection (1)(a)(ii), to withdraw consent previously given or to have imposed the terms and conditions upon which that consent was given, the Governor in Council may, upon the recommendation of the Minister—
(a) subject to such terms and conditions as the Governor in Council thinks appropriate, give that consent in lieu of the consent of the owner; or
(b) set aside or vary as the Governor in Council thinks fit the terms and conditions upon which the consent is subject;
whereupon the owner of the land shall, subject to compliance by the holder of the exploration permit with any terms and conditions set by the Governor in Council, be deemed to have given the consent or, as the case may be, have set aside or varied the terms and conditions in accordance with the Governor in Council's determination.
(11) The Governor in Council may make a determination under subsection (10) whether or not an owner of land makes any submission to the Minister pursuant to subsection (9).
(12) The chief executive shall notify the holder of an exploration permit and the owner of land that is a reserve of particulars of any relevant determination made by the Governor in Council pursuant to subsection (10) before any entry of that land is made under the authority of the exploration permit except where the entry is in accordance with any consent given by the owner.
(13) Consent given as required by subsection (1)(a)(ii) may be restricted as to time or to a part only of the land in question.
(14) The terms and conditions upon which consent required by subsections (1)(a)(ii) and (3) is given shall be deemed to be part of the terms and conditions of the relevant exploration permit.
(15) For the purpose of exercising his or her entitlements under this part a person who enters or is upon land under the authority of an exploration permit may stay at night thereon and for that purpose may set up temporary accommodation thereon.
(16) During the term of an exploration permit, the rights of the holder of the permit relate, and are taken to have always related, to the whole of the land to which the permit applies.