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1) What changes in law did the Act make?
2) How did the Act balance different interests? (property interests, commercial interests,community interests)
3)What is the purpose of the fracking provisions?
4)What is ‘reasonable access’? (Gray & Gray:
‘Many common law jurisdictions have…seen a move away from an “arbitrary exclusion rule” under which the estate owner of quasi-public premises may exclude members of the public on grounds which are objectively reasonable’(38))
5)What does the Act facilitate and the purpose of facilitating fracking? (Birks:
‘…land law is primarily facilitative. Each of the five keys… can be seen as facilitating the achievement of goals which people routinely want to achieve.’ (461)
6)When is it appropriate for the state to interfere with property interests?
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