sec.27Permission required to fossick on particular land

### sec.27 Permission required to fossick on particular land A licensee must not fossick— on occupied land (other than a road reserve, designated fossicking land or a fossicking area) without the owner’s written permission; or on land to which a mining claim or mining lease applies without the claim or lease holder’s written permission; or on land the subject of an application for a mining lease under the Mineral Resources Act 1989 without the applicant’s written permission; or on land where a person may take quarry materials under a quarry materials permit without the permit holder’s written permission; or on land the subject of an exclusive possession determination without the written permission of the native title holders for the determination. Maximum penalty—50 penalty units. Permission under subsection (1) — may be given on conditions; and must be written on or attached to the licensee’s licence. A person who has given permission for a licensee to fossick on land as mentioned in subsection (1) may, by written notice given to the holder of the licence, withdraw the permission. However, the person must give a licensee on the land reasonable written notice of the withdrawal. If the licensee does not leave the land within the reasonable period stated in the notice, the licensee commits an offence against this Act. Maximum penalty—50 penalty units. Subsection (5) does not affect a right or remedy a person may have against a licensee apart from this section. In this section— exclusive possession determination , for land, means an approved determination of native title under the Native Title Act 1993 (Cwlth) that includes a determination to the effect that native title rights and interests under the determination confer possession of the land on native title holders to the exclusion of all others. native title holder means a native title holder under the Native Title Act 1993 (Cwlth) . quarry materials includes controlled quarry materials under the Water Act 2000 . quarry materials permit means— an agreement, contract, licence, permit, or other authority under the Forestry Act 1959 ; or an allocation of quarry material under the Water Act 2000 . s 27 amd 2000 No. 34 s 1145 sch 3 ; 2013 No. 10 s 28 ; 2024 No. 33 s 10 (sec.27-ssec.1) A licensee must not fossick— on occupied land (other than a road reserve, designated fossicking land or a fossicking area) without the owner’s written permission; or on land to which a mining claim or mining lease applies without the claim or lease holder’s written permission; or on land the subject of an application for a mining lease under the Mineral Resources Act 1989 without the applicant’s written permission; or on land where a person may take quarry materials under a quarry materials permit without the permit holder’s written permission; or on land the subject of an exclusive possession determination without the written permission of the native title holders for the determination. Maximum penalty—50 penalty units. (sec.27-ssec.2) Permission under subsection (1) — may be given on conditions; and must be written on or attached to the licensee’s licence. (sec.27-ssec.3) A person who has given permission for a licensee to fossick on land as mentioned in subsection (1) may, by written notice given to the holder of the licence, withdraw the permission. (sec.27-ssec.4) However, the person must give a licensee on the land reasonable written notice of the withdrawal. (sec.27-ssec.5) If the licensee does not leave the land within the reasonable period stated in the notice, the licensee commits an offence against this Act. Maximum penalty—50 penalty units. (sec.27-ssec.6) Subsection (5) does not affect a right or remedy a person may have against a licensee apart from this section. (sec.27-ssec.7) In this section— exclusive possession determination , for land, means an approved determination of native title under the Native Title Act 1993 (Cwlth) that includes a determination to the effect that native title rights and interests under the determination confer possession of the land on native title holders to the exclusion of all others. native title holder means a native title holder under the Native Title Act 1993 (Cwlth) . quarry materials includes controlled quarry materials under the Water Act 2000 . quarry materials permit means— an agreement, contract, licence, permit, or other authority under the Forestry Act 1959 ; or an allocation of quarry material under the Water Act 2000 . - (a) on occupied land (other than a road reserve, designated fossicking land or a fossicking area) without the owner’s written permission; or - (b) on land to which a mining claim or mining lease applies without the claim or lease holder’s written permission; or - (c) on land the subject of an application for a mining lease under the Mineral Resources Act 1989 without the applicant’s written permission; or - (d) on land where a person may take quarry materials under a quarry materials permit without the permit holder’s written permission; or - (e) on land the subject of an exclusive possession determination without the written permission of the native title holders for the determination. - (a) may be given on conditions; and - (b) must be written on or attached to the licensee’s licence. - (a) an agreement, contract, licence, permit, or other authority under the Forestry Act 1959 ; or - (b) an allocation of quarry material under the Water Act 2000 .