Document ID: chunk:federal_register_of_legislation:C2019C00013:section:59
Version: federal_register_of_legislation:C2019C00013
Segment Type: section
Provision Reference: s 59
Character Range: 52074–54063

59  Notice to owner of land
 (1) Before doing an activity under section 52, 53 or 54 in relation to any land, the Minister must give written notice of his or her intention to do so to:
 (a) the owner of the land; and
 (b) if the land is occupied by a person other than the owner—the occupier.
 (2) The notice must specify the purpose for which the Minister intends to do the activity.
 (3) The notice must contain a statement to the effect that, if a person suffers financial loss or damage in relation to property because of anything the Minister does in doing the activity, compensation may be payable under section 61.
 (4) The notice must be given at least 10 days before the Minister begins to do the activity.
 (5) A person may waive the person's right to be given a notice.
 (6) Subsection (1) does not apply if:
 (a) the Minister intends to do activities under section 54 (which deals with maintenance); and
 (b) the Minister considers that those activities need to be done without delay in order:
 (i) to protect the health or safety of persons; or
 (ii) to protect property or the environment; or
 (iii) to ensure that Australia is not in breach of its obligations under the Treaty.
 (7) Subsection (1) does not apply if:
 (a) the Minister intends to do activities under section 52 (which deals with inspection); and
 (b) doing those activities does not involve any material disturbance to the land concerned; and
 (c) members of the public have ready access to the land; and
 (d) no part of the land is or is part of an area:
 (i) that, under a law of the Commonwealth, a State or a Territory, is protected from significant environmental disturbance; or
 (ii) that is of particular significance to Aboriginal persons, or Torres Strait Islanders, in accordance with their traditions.
 (8) In subsection (7):
Aboriginal person means a person of the Aboriginal race of Australia.
Torres Strait Islander means a descendant of an indigenous inhabitant of the Torres Strait Islands.