6Marking out

6 Marking out

(1)  In this regulation –

datum post means a post erected on the corner of land being marked out;

public notice means a notice published in a newspaper circulating in the area in which the land, which is the subject of the notice, is situated.

(2)  For the purposes of section 72 of the Act, a person is to mark out land in respect of an application for a lease by –

(a) erecting a datum post, on one of the corners of the land, that –

(i) is not less than 100 millimetres wide and 100 millimetres deep; and

(ii) projects not less than one metre from the ground; and

(b) affixing to the datum post a legible and durable notice stating the following:

(i) the purpose of the lease;

(ii) any category or type of mineral to be covered by the lease;

(iii) the area of the land;

(iv) the position of the notice in relation to the land;

(v) the date of the marking out;

(vi) the name and address of the applicant for the lease;

(vii) the name and address of the person marking out the land.

(3)  For the purposes of subregulation (2)(a) , an existing tree, or an existing post, situated on one of the corners of the land, of the same proportions as specified in that subregulation, may be used as a datum post.

(4)  An applicant for a lease is to lodge, with the Registrar, a notice, in an approved form, of the marking out.

(5)  A notice under subregulation (4) is to be lodged with the Registrar within –

(a) 7 days after the marking out; or