sec.43Proposal for declaration of fossicking area

### sec.43 Proposal for declaration of fossicking area If the chief executive is satisfied particular land should be declared a fossicking area, the chief executive must prepare a proposal for the declaration. A fossicking area differs from designated fossicking land. An interest under the Mineral Resources Act 1989 may be granted for land in a fossicking area only if an application for the interest is made before the land becomes a fossicking area or there is an existing interest under that Act. Further interests can be granted for designated fossicking land. The proposal must describe the land proposed to become a fossicking area. The chief executive must give written notice to the following persons— owners of land proposed to become a fossicking area; applicants for, and holders of, an exploration permit, mineral development licence, mining claim or mining lease for the land; the local government for the land. The notice must state a day by which a person mentioned in subsection (3) may make submissions to the chief executive about the proposal. The chief executive may give notice of the proposal in the newspaper the chief executive considers appropriate if— the chief executive considers it is impracticable to give notice to each owner of a particular class; or after making the inquiries the chief executive considers appropriate, an owner’s name can not easily be found out. In this section— owner includes a person having an interest in the land. (sec.43-ssec.1) If the chief executive is satisfied particular land should be declared a fossicking area, the chief executive must prepare a proposal for the declaration. A fossicking area differs from designated fossicking land. An interest under the Mineral Resources Act 1989 may be granted for land in a fossicking area only if an application for the interest is made before the land becomes a fossicking area or there is an existing interest under that Act. Further interests can be granted for designated fossicking land. (sec.43-ssec.2) The proposal must describe the land proposed to become a fossicking area. (sec.43-ssec.3) The chief executive must give written notice to the following persons— owners of land proposed to become a fossicking area; applicants for, and holders of, an exploration permit, mineral development licence, mining claim or mining lease for the land; the local government for the land. (sec.43-ssec.4) The notice must state a day by which a person mentioned in subsection (3) may make submissions to the chief executive about the proposal. (sec.43-ssec.5) The chief executive may give notice of the proposal in the newspaper the chief executive considers appropriate if— the chief executive considers it is impracticable to give notice to each owner of a particular class; or after making the inquiries the chief executive considers appropriate, an owner’s name can not easily be found out. (sec.43-ssec.6) In this section— owner includes a person having an interest in the land. - (a) owners of land proposed to become a fossicking area; - (b) applicants for, and holders of, an exploration permit, mineral development licence, mining claim or mining lease for the land; - (c) the local government for the land. - (a) the chief executive considers it is impracticable to give notice to each owner of a particular class; or - (b) after making the inquiries the chief executive considers appropriate, an owner’s name can not easily be found out.