s. 38AB (4) For the purposes of subsection (3), occupied means any Crown land on which a Crown land person is undertaking an activity that is authorised by a lease, licence, permit or other authority granted in respect of that land by, or under, an Act. 38AB Authority to enter land S. 38AB inserted by No. 82/2000 (1) The Department Head may grant to a licensee an s. 35. authority to enter land for the purposes of section 38AA if he or she is satisfied that the licensee has made reasonable attempts to obtain the consent of the owner or occupier and— (a) the applicant has been unable to contact the owner or occupier; or (b) the owner or occupier has refused or failed to consent. (2) A person does not trespass on land only because the person exercises reasonable access to the land— (a) in accordance with an authority to enter the land; and (b) for the purpose of surveying or marking out S. 38AB(2)(b) amended by the boundaries of the land covered by the No. 64/2012 licence. s. 29. (3) An authority to enter land expires if either of the following occurs— (a) a work authority over the land is registered; or (b) the licence ceases to have effect.
(4) For the purposes of subsection (3), occupied Crown land means any Crown land on which a person is undertaking an activity that is authorised by a lease, licence, permit or other authority granted in respect of that land by, or under, an Act. S. 38AB inserted by No. 82/2000 s. 35. 38AB Authority to enter land s. 38AB (1) The Department Head may grant to a licensee an authority to enter land for the purposes of section 38AA if he or she is satisfied that the licensee has made reasonable attempts to obtain the consent of the owner or occupier and— (a) the applicant has been unable to contact the owner or occupier; or (b) the owner or occupier has refused or failed to consent. (2) A person does not trespass on land only because the person exercises reasonable access to the land— (a) in accordance with an authority to enter the land; and S. 38AB(2)(b) amended by No. 64/2012 s. 29. (b) for the purpose of surveying or marking out the boundaries of the land covered by the licence. (3) An authority to enter land expires if either of the following occurs— (a) a work authority over the land is registered; or (b) the licence ceases to have effect.