sec.44Declaration of fossicking area

### sec.44 Declaration of fossicking area A regulation may declare particular land to be a fossicking area, and give the area a name. A regulation must not make a declaration— for occupied land—without the owner’s written agreement; or for land in an exploration permit, mineral development licence, mining claim or mining lease—without written agreement of the permit, licence, claim or lease holder; or for land in an application under the Mineral Resources Act 1989 for an exploration permit, mineral development licence, mining claim or mining lease that has not been rejected or withdrawn when the declaration is made—without the applicant’s written agreement; or for a known fossil site. However, a declaration may be made for land in an application mentioned in subsection (2) (c) for which the applicant’s agreement was not obtained if the application is rejected or withdrawn before the declaration is made. The agreement of 1 owner who is a joint tenant or tenant in common with other owners, is, in the absence of evidence to the contrary, taken to be agreement of each other owner who is a joint tenant or tenant in common for subsection (2) (a) . (sec.44-ssec.1) A regulation may declare particular land to be a fossicking area, and give the area a name. (sec.44-ssec.2) A regulation must not make a declaration— for occupied land—without the owner’s written agreement; or for land in an exploration permit, mineral development licence, mining claim or mining lease—without written agreement of the permit, licence, claim or lease holder; or for land in an application under the Mineral Resources Act 1989 for an exploration permit, mineral development licence, mining claim or mining lease that has not been rejected or withdrawn when the declaration is made—without the applicant’s written agreement; or for a known fossil site. (sec.44-ssec.3) However, a declaration may be made for land in an application mentioned in subsection (2) (c) for which the applicant’s agreement was not obtained if the application is rejected or withdrawn before the declaration is made. (sec.44-ssec.4) The agreement of 1 owner who is a joint tenant or tenant in common with other owners, is, in the absence of evidence to the contrary, taken to be agreement of each other owner who is a joint tenant or tenant in common for subsection (2) (a) . - (a) for occupied land—without the owner’s written agreement; or - (b) for land in an exploration permit, mineral development licence, mining claim or mining lease—without written agreement of the permit, licence, claim or lease holder; or - (c) for land in an application under the Mineral Resources Act 1989 for an exploration permit, mineral development licence, mining claim or mining lease that has not been rejected or withdrawn when the declaration is made—without the applicant’s written agreement; or - (d) for a known fossil site.