sec.25Conditions of prospecting permit

### sec.25 Conditions of prospecting permit It is a condition of each prospecting permit that the holder must carry out improvement restoration for the permit. A prospecting permit shall be subject to any prescribed conditions and such other conditions as the chief executive shall from time to time impose. In imposing conditions upon the grant of a prospecting permit the chief executive shall take into consideration the possible effect upon the owner of the land of the grant of the permit having regard to the holder’s entitlements under that permit and any other subsisting permits. The chief executive may from time to time, by notice in writing to the holder of a prospecting permit vary any condition imposed by the chief executive. Despite subsections (2) to (4) , a condition must not be imposed, prescribed or varied if the condition, or the condition as varied, is the same, or substantially the same, or inconsistent with, a prescribed condition under the Environmental Protection Act for carrying out a small scale mining activity. The holder of a prospecting permit and all persons acting under the authority of the permit shall comply with the conditions for the time being of the permit of which notice has been served on the holder. To remove doubt, it is declared that a condition may limit the extent of the holder’s entitlements under section 18 (1) . s 25 amd 1998 No. 38 s 8 ; 1999 No. 35 s 17 ; 2000 No. 64 ss 66 , 174 sch ; 2006 No. 59 s 47 ; 2012 No. 20 s 323 sch 3 ; 2012 No. 16 s 78 sch (amd 2013 No. 10 s 21 (2) ); 2013 No. 10 s 193 sch 1 ; 2014 No. 40 s 112 ; 2014 No. 47 s 465 (sec.25-ssec.1) It is a condition of each prospecting permit that the holder must carry out improvement restoration for the permit. (sec.25-ssec.2) A prospecting permit shall be subject to any prescribed conditions and such other conditions as the chief executive shall from time to time impose. (sec.25-ssec.3) In imposing conditions upon the grant of a prospecting permit the chief executive shall take into consideration the possible effect upon the owner of the land of the grant of the permit having regard to the holder’s entitlements under that permit and any other subsisting permits. (sec.25-ssec.4) The chief executive may from time to time, by notice in writing to the holder of a prospecting permit vary any condition imposed by the chief executive. (sec.25-ssec.5) Despite subsections (2) to (4) , a condition must not be imposed, prescribed or varied if the condition, or the condition as varied, is the same, or substantially the same, or inconsistent with, a prescribed condition under the Environmental Protection Act for carrying out a small scale mining activity. (sec.25-ssec.6) The holder of a prospecting permit and all persons acting under the authority of the permit shall comply with the conditions for the time being of the permit of which notice has been served on the holder. (sec.25-ssec.7) To remove doubt, it is declared that a condition may limit the extent of the holder’s entitlements under section 18 (1) .