What happens when an explorer wants to access my land?

Exploration licences often cover large areas that can overlap numerous private properties. An exploration licence only permits the exploration for minerals and explorers are not allowed to conduct any mining activities. 

Explorers usually target specific locations for on-ground exploration activities depending on their geological interest and work programs. 

Since on-ground exploration activities vary in nature, extent and duration, explorers may not need to access every property within their exploration licence.  

If there is an exploration licence over your property, but no immediate exploration activities are proposed for your property, the explorer is unlikely to approach you for land access. 

However, if exploration activities are proposed for your property, the explorer must approach you to negotiate a land access arrangement. The explorer cannot enter your property to conduct exploration until a written land access arrangement is in place.  

A land access arrangement is a contract that outlines the terms and conditions for explorers conducting exploration activities on your land. It is a mandatory requirement under the Mining Act 1992. 

Without a land access arrangement in place, an explorer cannot explore on your property. 

All access arrangements should be based on the understanding that explorers are visitors to your land. A land access arrangement ensures the orderly search for mineral resources by explorers. Additionally, these arrangements recognise your right to manage your land without unreasonable interference or disturbance from explorers.

The land access arrangement template for mineral exploration (PDF, 228.6 KB) published under the Mining Act 1992 is not mandatory but can be used to guide negotiations for your own land access arrangement. You may wish to seek your own independent legal advice tailored to your specific circumstances.

If an explorer wants to search for mineral resources on your land, they must first negotiate a land access arrangement with you. 

To do this, the explorer may informally reach out to you to establish contact and to introduce themselves. Following this initial contact, you and the explorer may reach a written land access arrangement.

Alternatively, the explorer may give you a written notice of their intent to enter a land access arrangement. This step may also be done if an access arrangement cannot be agreed informally.

The notice of intent sent by the explorer must include:

• a plan and description of the land being sought for access, and
• a description of on-ground exploration methods to be used. 

The notice of intent is a written statutory notice under section 142(1) of the Mining Act 1992. The notice of intent also commences the formal negotiation process for a land access arrangement between you and the explorer. 

You are required to engage in this process in good faith. 

If a land access arrangement is unable to be negotiated, mediation and arbitration processes are available.

For more information about the service of notices, refer to Fact sheet: Service of notices (PDF, 135.25 KB).

No. Explorers are not obligated to serve you a written notice of their intent to enter a land access arrangement. This notice of intent, also known as a section 142(1) notice, is a statutory notice under the Mining Act 1992. 

While explorers may choose to give you this notice, it is not mandatory to do so before commencing negotiations or entering into a land access arrangement. In other words, you may reach agreement with an explorer on a land access arrangement without a section 142(1) notice being served.  However the arrangement must be in writing. 

A section 142(1) notice brings negotiations into the formal land access framework of the Mining Act 1992. An explorer may choose to serve a notice initially, or alternately, may choose to do so if informal negotiations have not resulted in agreement. Serving a notice under section 142(1) is a prerequisite for initiating the dispute resolution process of the Mining Act 1992.

For more information on the role of the written notice of intent as part of the mediation process, see What is mediation?

No. An explorer cannot undertake exploration activities on your property until a land access arrangement has been finalised. 

Land access arrangements can be finalised in 2 ways:

• as an agreement negotiated between you and the explorer, or
• determined by an arbitrator at the end of an arbitration process.

A finalised land access arrangement permits only exploration activities by the explorer and does not allow mining on your land. 

Under the land access framework you must negotiate when an explorer seeks land access for exploration. The land access framework of the Mining Act 1992 requires both the explorer and landholder to negotiate a land access arrangement in good faith. 

As a landholder, you have certain rights and responsibilities when negotiating a land access arrangement under the land access framework. This includes the ability to negotiate the terms and conditions to suit your land and business operations. 

Additionally, the explorer is required to pay your reasonable costs incurred while participating in negotiations for a land access arrangement. 

If you and the explorer are unable to agree on a land access arrangement, there is a pathway under the Mining Act 1992 for dispute resolution. There is a process of mediation and then arbitration under the land access framework. 

Matters that may be included in your land access arrangement include:

• When an explorer, including any engaged third party contractors, may access your land.
• Where on your land is being explored and how the explorer gains access.
• What exploration activities are to be undertaken on your land.
• What rehabilitation activities of disturbed areas are to be undertaken on your land.
• What conditions the explorer must comply with when accessing and exploring on your land.
• What monetary and/or in-kind compensation for compensable loss that the explorer must pay you.
• How to resolve any disputes that may arise between you and the explorer.
• How to vary the land access arrangement.
• Requirement for you to notify the explorer when any person becomes an additional landholder.
• What to expect when exploration activities are completed and no further access is required.

A land access arrangement can contain provisions tailored to different areas of your property. 

For a more detailed description of what to consider, refer to the Checklist for landholders: Key considerations for negotiating a land access arrangement.

The land access arrangements template for mineral exploration (PDF, 228.6 KB), published under the Mining Act 1992 can be used to guide what your land access arrangement should cover. The use of the template is not mandatory. You may wish to seek your own independent legal advice tailored to your specific circumstances.

As the landholder, negotiating a land access arrangement under the land access framework of the Mining Act 1992, you have several rights and obligations.

The following contains general guidance about your rights and obligations. You may wish to seek independent advice when negotiating a land access arrangement. 

Your rights as a landholder when negotiating a land access arrangement under the land access framework, include but are not limited to the following:

• Explorers must negotiate and finalise a land access arrangement in writing with you before any exploration activities occur on your land.
• You are entitled to compensation for any compensable loss suffered or likely to be suffered due to the explorer conducting activities on your land.
• Your compensation from the explorer can be monetary or in-kind compensation, or a combination of both.
• You are entitled to have the explorer cover your reasonable costs in negotiating a land access arrangement (noting that costs are capped at $1,500 for exempt prospecting operations and $2,500 for assessable prospecting operations).
• Your compensation for negotiating a land access arrangement (i.e. your reasonable costs) is separate to agreed compensation for the activities to be carried out under the land access arrangement.
• You can engage a lawyer or a negotiator to assist you in negotiating a land access arrangement.
• Explorers cannot access or explore within 200m of a house on your property that is the occupant’s principal place of residence without written consent from both you and the occupant of the house.
• Explorers cannot access or explore within 50m of a garden on your property without your written consent.
• Explorers cannot access or explore on anything considered a significant improvement on your property without your written consent.
• Explorers cannot use any water stored on your property including in any of your dams, tanks or troughs, or cut trees on your land, without your written consent.
• You have the right to access water freely and without interruption for stock watering purposes whilst exploration occurs on your land.
• You can access the mediation and arbitration process if you and the explorer are unable to successfully negotiate a land access arrangement.
• You have general immunity to any action liability, claim or demand arising from an explorer’s acts or omissions of any powers or rights granted to the explorer.

Your obligations as a landholder when negotiating a land access arrangement, include but are not limited to the following:

• You must not ignore or dismiss a written notice of intent to enter a land access arrangement served on you by an explorer.
• You must negotiate in good faith with the explorer to finalise a land access arrangement. 

Explorers cannot access or conduct exploration activities on areas of your property that contain a significant improvement without your written consent. 

A significant improvement is defined as a work or structure that meets all the following criteria:

• Is a substantial and valuable improvement to the land.
• Is reasonably necessary for the operation of your business or use of land.
• Is fit for its intended purpose.
• It cannot reasonably co-exist with exploration activities without hinderance.
• It cannot be relocated or substituted. 

To be considered a significant improvement, the work or structure must satisfy all these criteria when negotiating your land access arrangement. 

During negotiations, the explorer must identify whether exploration activities or access will be required over any significant improvements on your land. 

If the explorer requires access over your significant improvement, they must request your written consent. Without your written consent, the explorer cannot access the part of land that contains the significant improvement. 

If you do provide written consent, it cannot be revoked. 

Landholders and explorers must act in good faith when negotiating a land access arrangement. It is essential that there is open and honest dialogue to facilitate a working relationship.

If you and the explorer are unable to reach agreement on the terms and conditions of a land access arrangement, the land access framework provides a pathway for dispute resolution. If the explorer wants to continue pursuing land access, there is a process of mediation and then arbitration. 

An independent third-party arbitrator plays a central role in the mediation and arbitration process. 

Most land access arrangements are successfully negotiated without the need to progress to mediation or arbitration. 

For more information, refer to mediation, arbitration, the mediation and arbitration page and the Fact sheet: Land access framework – Mediation and arbitration.

Yes. There are 2 payments that you can expect from explorers as part of a land access arrangement:

• Compensation for your compensable loss.
• Your reasonable costs for negotiating a land access arrangement.

You and the explorer may agree to other payments beyond compensation for compensable loss and reasonable costs.

If mediation or arbitration is needed to finalise the land access arrangement, the explorer is also required to pay your reasonable costs for participating in those processes. 

You are entitled to compensation for any compensable loss that you suffer, or likely to suffer, when the explorer conducts exploration on your land. 

Compensable loss means any loss caused by, or is likely to be caused by, the explorer’s activities including any of the following:

• Damage to your land, crops, vegetation, buildings, structures or works.
• Being unable to access or use your land.
• Severance of your land from other parts of your property.
• Surface rights of way and easements.
• Loss, injury or disturbance of your livestock.

When negotiating the land access arrangement, you and the explorer must agree on the amount, timing and frequency of the compensation payments.

The amount of compensation for compensable loss should reflect the value of your land, any land improvements made, how long you are unable to use your land, and the area of land disturbed. 

Compensation can be provided as monetary payments, in-kind support, or a combination of both.

Explorers are required to pay your reasonable costs to participate in negotiations for a land access arrangement under the land access framework. There is a maximum amount of reasonable costs payable and you must provide documentary evidence of costs incurred, such as receipts. 

Reasonable costs include:

• Your time spent negotiating the land access arrangement.
• Costs for obtaining legal advice to assist negotiations.
• Costs for engaging experts to assist with negotiations. 

There is a maximum amount of reasonable costs that is payable under the land access framework:

• $1,500 (exclusive of GST) for exempt developments.
• $2,500 (exclusive of GST) for assessable prospecting operations.

GST is also payable for all reasonable costs, but only where you are registered as part of a business for GST purposes.

Explorers are also required to pay your reasonable costs if you participate in mediation and arbitration under the land access framework. You are required to provide evidence of the costs you have incurred to the explorer. The arbitrator will assess and determine your reasonable costs that the explorer must pay you. There is currently no capped amount for reasonable costs to participate in mediation and arbitration.   

Mediation is a dispute resolution process under the land access framework in which an arbitrator facilitates negotiations between you, as the landholder, and the explorer. 

The arbitrator is an independent third-party. The role of an arbitrator, acting as a mediator, is to help you, and the explorer reach a land access arrangement. 

Prior to requesting the appointment of an arbitrator, the explorer must have sent you a written notice of intent, also known as a section 142(1) notice, to negotiate a land access arrangement. If you and the explorer cannot agree on land access within 28 calendar days of you being served the notice, the explorer may then begin the process to seek to appoint an arbitrator. 

For more information on the notice of intent, see How do explorers notify me that they want access to my land? 

To start the arbitration process, the explorer must send you a written notice requesting the appointment of a mutually agreed arbitrator. You and the explorer may mutually agree on the appointment of any person as an arbitrator.

If you cannot agree on an arbitrator, either you or the explorer can apply to the department for the appointment of an arbitrator. This application can only be submitted 28 calendar days after you being served the notice to request the appointment of a mutually agreed arbitrator. There is no cost to lodge this application.

The department will review the application to ensure that all requirements have been met. If the process has been completed satisfactorily, the department will appoint an arbitrator from the current panel of arbitrators. 

Once an arbitrator has been appointed, they are required to conduct a mediation between you and the explorer. 

Mediation continues until either you mutually reach an agreement with the explorer and finalise your land access arrangement, or when mediation is terminated. 

If mediation is terminated and your land access arrangement has not been finalised, the dispute resolution process moves to arbitration.

An arbitrator is an independent third party involved in the mediation process.

You and the explorer can mutually agree on the appointment of an arbitrator. Alternatively, the department can appoint an arbitrator for you from the panel listed on the current arbitrators page.

The roles and responsibilities of an arbitrator vary between mediation and arbitration. 

During mediation, the arbitrator acts as a mediator to assist you and the explorer to voluntarily reach an agreement. The arbitrator facilitates the negotiation of solutions to finalise the land access arrangement. 

The arbitrator has no decision-making power during mediation. You and the explorer both control decisions about the terms and conditions of the land access arrangement.

Decisions regarding the land access arrangement remain within the control of you and the explorer. 

During mediation, the arbitrator must follow the steps in the department’s Land Access Arbitration Procedure (PDF, 1.18 MB). 

As the landholder, you have specific rights and obligations under the land access framework of the Mining Act 1992 when participating in mediation. 

The rights and obligations outlined in What are my rights and obligations when negotiating a land access arrangement? also apply in mediation.

You also have additional rights and obligations specific to the mediation process. The following contains general guidance, and you may wish to seek independent advice when participating in mediation. 

Your rights as a landholder during mediation, include but are not limited to the following:

• Appointment of an arbitrator:
  • You and the explorer can mutually agree on appointing an arbitrator, or
  • Either you or the explorer can apply to the department for the appointment of an arbitrator
• The explorer pays for the cost of the arbitrator during mediation.
• The explorer must pay your reasonable costs to participate in mediation, which may include your time, legal and expert costs.
• You and the explorer can mutually agree to finalise the land access arrangement at any time during mediation
• Termination of mediation.
  • You and the explorer can mutually agree to terminate mediation.
  • You can also terminate mediation by providing written notice to the explorer and arbitrator.

Your obligations as a landholder during mediation, include but are not limited to the following:

• You must participate in the mediation process in good faith as well as demonstrating honesty, courtesy and integrity.
• You must promptly perform any actions required by the arbitrator.
• You must follow any directions given by the arbitrator during mediation.
• You must notify the arbitrator if you are unable to comply with their direction.
• You must only focus on relevant matters and issues that need be resolved during mediation.

For more information, refer to the mediation and arbitration page and see Fact sheet: Land access framework – Mediation and arbitration and the Land Access Arbitration Procedure (PDF, 1.18 MB). 

If mediation does not result in you and the explorer reaching a land access arrangement, the next step is arbitration.

Arbitration is a more formal dispute resolution process to reach a land access arrangement under the land access framework. 

The arbitrator is either mutually agreed by you and the explorer or appointed by the department. 

The arbitrator hears from both you and the explorer as well as reviews the facts and evidence to resolve any issues preventing a land access arrangement being reached. The arbitrator may also make a determination to finalise the land access arrangement.

The key steps in the arbitration process include:

• The explorer provides a position statement and a proposed draft access arrangement.
• You respond to the explorer’s submission and provide any additional information.
• The arbitrator holds a hearing at a scheduled time and place.
• The arbitrator issues an interim determination and a draft land access arrangement.
• You and the explorer have an opportunity to respond to the arbitrator’s interim determination.
• The arbitrator issues a final determination and the land access arrangement.

The department also maintains a public register of arbitrated land access arrangements. This public register includes arrangements where an arbitrator, regardless of whether they were mutually agreed upon or appointed by the department, has made a final determination. 

For more information about the arbitration process, refer to the Land Access Arbitration Procedure (PDF, 1.18 MB). 

An arbitrator is an independent third party in the arbitration process.

If a mediation is terminated, the arbitrator who participated in the previous mediation, cannot conduct the subsequent arbitration unless you, the explorer, and the arbitrator all provide written consent. 

Alternatively, you and the explorer can mutually agree to appoint a new substitute arbitrator. 

If you can’t agree on a substitute arbitrator within 7 days of mediation being terminated, either you or the explorer can apply to the department for the appointment of an arbitrator. The department will then select an arbitrator from the panel listed on the current panel of arbitrators page. 

Once an arbitrator is appointed, they can begin arbitration. 

The arbitrator plays a central role in arbitration and must follow the steps in the department’s Land Access Arbitration Procedure (PDF, 1.18 MB). Their main responsibilities include:

• arranging and conducting a hearing
• arranging and conducting a site visit if deemed necessary
• evaluating the facts and evidence concerning the land access dispute
• Act in accordance with the principles of equity, good conscience and the substantial merits of the case.

After considering the case, the arbitrator has the decision-making power to finalise the land access arrangement. 

As the landholder, you have several rights and obligations under the land access framework of the Mining Act 1992 when participating in arbitration. 

The rights and obligations outlined in What are my rights and obligations when negotiating a land access arrangement? still apply during arbitration. 

You also have additional rights and obligations specific to the arbitration process. The following contains general guidance, and you may wish to seek independent advice when participating in arbitration.

Your rights as a landholder during arbitration, include but are not limited to the following:

• Appointment of an arbitrator:
  • You, the explorer, and the arbitrator used for mediation can mutually agree and provide written consent for the arbitrator to undertake arbitration, or
  • You and the explorer can mutually agree to the appointment of a new substitute arbitrator, or
  • Either you or the explorer can apply to the department for the appointment a substitute arbitrator
• Arbitration hearing:
  • You are entitled to be heard at the arbitration hearing.
  • You are entitled to have legal representation at the arbitration hearing.
• The explorer must pay your reasonable costs associated with participating in the arbitration process, which may include your time, legal costs and expert costs.
• You and the explorer can mutually agree to withdraw from arbitration by serving a written notice to the arbitrator.
• Interim determination of a draft land access arrangement by the arbitrator:
  • You will receive a copy of the interim determination of a draft land access arrangement.
  • You have 14 days to request the arbitrator to review the interim determination or amend the draft land access arrangement.
• Final determination of a land access arrangement by the arbitrator:
  • You will receive a copy of the final determination of the land access arrangement.
  • You can seek a review of the arbitrator’s final determination by the Land and Environment Court.
  • A land access arrangement determined by an arbitrator will be published on the department’s public register of arbitrated land access arrangements.
• You can make a formal complaint to the department if you think an arbitrator is unfair or is improperly conducting the arbitration process.

Your obligations as a landholder during arbitration, include but are not limited to the following: 

• You must participate in the arbitration process in good faith as well as demonstrating honesty, courtesy and integrity.
• You must promptly perform any actions required by the arbitrator.
• You must follow any directions given by the arbitrator during arbitration.
• You must notify the arbitrator if you are unable to comply with their direction.
• You must only focus on relevant matters and issues that need be resolved during arbitration.
• You must only provide relevant information to the explorer and the arbitrator as part of the exchange of pre-hearing documentation.

For more information, refer to the mediation and arbitration page and see Factsheet: Land access framework – Mediation and arbitration and the Land Access Arbitration Procedure (PDF, 1.18 MB). 

If an explorer wants to carry out exploration activities on your property, they will need a land access arrangement. 

There are only 3 specific circumstances where an explorer does not need a land access arrangement to enter your land. This includes the following circumstances:

• Explorer has been granted a permit to enter land to carry out an environmental assessment.
• Explorer needs to exercise their right of way to access their exploration area.
• Explorer has been granted a permit to enter land to comply with an environmental, rehabilitation or other direction.

In all circumstances, no exploration activities will take place on your land. These situations are relatively uncommon and landholders typically do not experience them. 

An explorer can apply for a permit to enter land to carry out an environmental assessment. This assessment evaluates the likely environmental impact of activities intended to be carried out under an exploration licence. 

The department does not commonly grant these permits. 

If a permit is granted, it gives the holder the rights to exercise a power of entry for a specific location for only 28 days.

As a landholder, you are unlikely to be approached by an explorer or miner holding this type of permit. If you are approached, both you and the permit holder have certain rights and obligations.

A permit holder has obligations when entering your land, including the following:

• Permit holder must provide you reasonable notice before entering your land.
• Permit holder must enter your land at a reasonable time.
• Permit holder must only conduct activities related to carrying out an environmental assessment.
• Permit holder cannot enter any residential premises without the permission of the occupier.

Your rights as a landholder when a permit holder enters your land, include the following: 

• You can request a copy of the permit.
• You are entitled to compensation for any damage caused by the permit holder during their environmental assessment activities.
• You must not obstruct or hinder the permit holder to enter your land or to carry out their environmental assessment.

An explorer may need to travel across a property to reach their exploration licence area. 

Exploration licences provide the explorer a right of way, if required, from a public road that is outside of their exploration licenced area to their exploration licence area. 

A land access arrangement is not required for a right of way. However, a right of way cannot be exercised until compensation has been agreed in writing and is paid to the landholder.

Rights of way do not apply to land within an exploration licence area. If an explorer needs access across land that is within their licenced area, a land access arrangement is required.  

Landholders are rarely approached by explorers regarding a right of way as this circumstance is uncommon. 

If an explorer intends to exercise their right of way to travel across your property, both you and the explorer have certain rights and obligations.

The explorer has obligations when travelling across your property under a right of way, including:

• Explorer must not exercise their right of way until a compensation agreement is made in writing and compensation is paid.
• Explorer must use existing roads or tracks wherever practicable.
• Explorer must install gates or grids wherever their route crosses a fence.
• Explorer must install and maintain marker posts along the route of their right of way.
• Explorer must provide you with a map illustrating the route of their right of way.
• Explorer must not use a route that passes over any garden, orchard, land under cultivation or a significant improvement without your consent.

As a landholder, your rights when an explorer travels across your property under a right of way, include:

• You are entitled to compensation which must be agreed to in writing between yourself and the explorer.
• You and the explorer are both entitled to apply to Land and Environment Court to resolve any disputes regarding the right of way.

The Resources Regulator can issue a notice of direction to an explorer requiring them to take certain actions. The aim of issuing a direction is to ensure that a risk is addressed or a non-compliance is remedied. 

Reasons that directions may be issued can include environmental and rehabilitation purposes.

Directions could involve addressing any adverse impacts, implementing mitigation measures, or rehabilitating any land or water that has been impacted by their exploration activities. 

If a direction has been issued, the Resources Regulator may also grant the explorer a permit to enter land. This permit allows the explorer the rights to enter and access land to comply with the requirements of a direction.

As a landholder, you are unlikely to be approached by an explorer holding this type of permit. If you are approached, you may request a copy of the permit. 

The permit holder has certain rights and obligations, including: 

• Permit holder can only enter the land that is specified on the permit.
• Permit holder may carry out anything on the land that is reasonably necessary to achieve the purpose of the permit.

The key NSW legislation for the application phase of the exploration lifecycle includes:

• Mining Act 1992
• Mining Regulation 2016

The key legislation references for the land access phase include:

1. Commencement and notification of land access:
   • Exploration must be conducted in accordance with a written land access arrangement – section 140 of the Mining Act 1992.
   • Explorer issues landholder a notice of intent to enter a land access arrangement – section 142(1) of the Mining Act 1992.
2. Negotiating a land access arrangement:
   • Matters that land access arrangement can cover – section 141 of the Mining Act 1992.
   • Explorer must pay reasonable costs of landholder in negotiating a land access arrangement – section 142(2A) of the Mining Act 1992.
   • Landholders and explorers must negotiate in good faith – section 142(2G) of the Mining Act 1992.
   • Definition of compensable loss – section 262 of the Mining Act 1992.
   • Compensation arising under an exploration licence – section 263 of the Mining Act 1992.
   • Compensation arising under an assessment lease – section 264 of the Mining Act 1992.
   • Compensation – clause 91 of Mining Regulation 2016.
   • Written consent required if explorer within prescribed distance of dwelling-houses, gardens and significant improvements – section 31 and section 49 of the Mining Act 1992.
   • Explorers use of artificially conserved water and timber onsite requires landholder consent – section 166 of the Mining Act 1992.
   • Landholders right of access to water being uninterrupted during exploration – section 165 of the Mining Act 1992.
   • General immunity of landholders against being held responsible for the explorer’s actions – section 383C of the Mining Act 1992.
3. Mediation of a land access arrangement:
   • Explorer issues landholder notice of agreeing to appointment of an arbitrator – section 143(1) of the Mining Act 1992.
   • Explorer or landholder can apply for the appointment of an arbitrator by the department – section 144 of the Mining Act 1992.
   • The Minister appoints individuals to a panel of arbitrators – section 139 of the Mining Act 1992.
   • Arbitrator conducts mediation – section 145 of the Mining Act 1992.
   • Landholders and explorers must participate in mediation in good faith – section 145(2) of the Mining Act 1992.
4. Arbitration of a land access arrangement:
   • Arbitrator must conduct arbitration hearing – section 145B(3) of the Mining Act 1992.
   • Landholders and explorers must participate in arbitration in good faith – section 148(1) of the Mining Act 1992.
   • Arbitrator prepares final determination of land access arrangement – section 151 of the Mining Act 1992.
   • Explorer is responsible for paying landholder reasonable costs associated with participating in the arbitration process – section 148C of the Mining Act 1992.
   • The department keeps a public register of arbitrated land access arrangements – section 156A of the Mining Act 1992.
5. Other circumstances requiring entry to land:
   • Explorer can apply for a permit to enter land to carry out an environmental assessment – section 252 of the Mining Act 1992.
   • Permit to enter land holders have restriction of power of entry – section 255A of the Mining Act 1992.
   • Explorers entitled to a right of way – section 164 of the Mining Act 1992 and clause 39 of the Mining Regulation 2016.
   • Resources Regulator can issue enforceable directions for environmental or rehabilitation purposes – section 240 of the Mining Act 1992.
   • Permit to enter land to comply with a direction – section 249 of the Mining Act 1992.