QLDIn ForceAct
Fossicking Act 1994
sec.82Entry of place
Start here
Get a plain-English read of sec.82
Turn the raw legal text into a practical explanation grounded in Fossicking Act 1994.
### sec.82 Entry of place
An authorised officer or an inspector under the Mining and Quarrying Safety and Health Act 1999 may enter a place if—
it is designated fossicking land or a fossicking area and the land entered is not part of a living area; or
a general permission to fossick or camp on the land is in force and the land entered is not part of a living area; or
its occupier consents to the entry or the purpose of the entry is to get the occupier’s consent; or
it is a public place and the entry is made when it is open to the public; or
it is—
not within a city or town under the Local Government Act 2009 and is used for rural purposes; or
town land used for rural purposes or an extractive industry; or
vacant town land;
and, in all the circumstances, it is not reasonably practicable to obtain the consent of the owner of the place; or
the entry is authorised by a warrant.
s 82 amd 1999 No. 40 s 274 sch 1 ; 2009 No. 17 s 331 sch 1
- (a) it is designated fossicking land or a fossicking area and the land entered is not part of a living area; or
- (b) a general permission to fossick or camp on the land is in force and the land entered is not part of a living area; or
- (c) its occupier consents to the entry or the purpose of the entry is to get the occupier’s consent; or
- (d) it is a public place and the entry is made when it is open to the public; or
- (e) it is— (i) not within a city or town under the Local Government Act 2009 and is used for rural purposes; or (ii) town land used for rural purposes or an extractive industry; or (iii) vacant town land; and, in all the circumstances, it is not reasonably practicable to obtain the consent of the owner of the place; or
- (i) not within a city or town under the Local Government Act 2009 and is used for rural purposes; or
- (ii) town land used for rural purposes or an extractive industry; or
- (iii) vacant town land;
- (f) the entry is authorised by a warrant.
- (i) not within a city or town under the Local Government Act 2009 and is used for rural purposes; or
- (ii) town land used for rural purposes or an extractive industry; or
- (iii) vacant town land;