sec.39Limits on digging

### sec.39 Limits on digging A person fossicking under a licence must not dig below ground level— to a depth, measured from the highest point at the top of the land dug, of more than— 0.5m in a watercourse; or 2m on other land; or a depth fixed under subsection (2) ; or if the digging involves tunnelling under land or creating an overhang; or in a road reserve. Maximum penalty—20 penalty units. If, in the Minister’s opinion, digging to a depth mentioned in subsection (1) (a) (i) or (ii) on particular land may be unsafe, the Governor in Council may fix a reduced depth for the land by regulation. (sec.39-ssec.1) A person fossicking under a licence must not dig below ground level— to a depth, measured from the highest point at the top of the land dug, of more than— 0.5m in a watercourse; or 2m on other land; or a depth fixed under subsection (2) ; or if the digging involves tunnelling under land or creating an overhang; or in a road reserve. Maximum penalty—20 penalty units. (sec.39-ssec.2) If, in the Minister’s opinion, digging to a depth mentioned in subsection (1) (a) (i) or (ii) on particular land may be unsafe, the Governor in Council may fix a reduced depth for the land by regulation. - (a) to a depth, measured from the highest point at the top of the land dug, of more than— (i) 0.5m in a watercourse; or (ii) 2m on other land; or (iii) a depth fixed under subsection (2) ; or - (i) 0.5m in a watercourse; or - (ii) 2m on other land; or - (iii) a depth fixed under subsection (2) ; or - (b) if the digging involves tunnelling under land or creating an overhang; or - (c) in a road reserve. - (i) 0.5m in a watercourse; or - (ii) 2m on other land; or - (iii) a depth fixed under subsection (2) ; or