42Commencement of work under mining licence or prospecting licence

42 Commencement of work under mining licence or prospecting licence

S. 42(1) amended by No. 76/1998 s. 31(d), substituted by No. 82/2000 s. 40(1), amended by No. 59/2010 s. 24(2), substituted by No. 10/2014 s. 21(1).

(1) The holder of a mining licence or prospecting licence must not carry out any work on the land covered by the licence unless—

(a) the licensee has an approved work plan if required under this Act; and

Section 40 contains the requirements for a work plan.

(b) the licensee has entered into a rehabilitation bond in accordance with section 80; and

(c) the licensee has obtained all the necessary consents and other authorities required by or under this or any other Act; and

(d) the licensee has complied with any condition imposed by the Minister under section 26(2)(d) to provide an environmental offset; and

(e) the licensee has obtained the insurance required under section 39(5); and

(f) any consent under section 45 or authorisation under section 46 has been registered; and

(g) the licensee has given 7 days notice to—

(i) the Chief Inspector; and

(ii) the owners and occupiers of the land affected—

of the licensee's intention to commence work; and

(h) if the land affected is private land—

(i) the licensee has obtained the written consent of the owners and occupiers of the land affected; or

(ii) the licensee has made and registered compensation agreements with those owners and occupiers; or

(iii) the amount of compensation payable to those owners and occupiers has been determined under Part 8; or

(iv) the licensee has purchased the land affected.

Penalty: In the case of a corporation, 1000 penalty units;

In the case of a corporation, 20 penalty units;

S. 42(2) amended by Nos 76/1998 s. 31(d), 82/2000 ss 40(2), 61(b), 63/2006 s. 30(1)(2), 6/2009 s. 15, substituted by No. 10/2014 s. 21(1).

(2) Subsection (1)(h) does not apply if it is waived by the Department Head under subsection (3).

S. 42(2A) inserted by No. 82/2000 s. 40(3), repealed by No. 10/2014 s. 21(1).

S. 42(3) substituted by Nos 82/2000 s. 40(4), 10/2014 s. 21(1).

(3) If the land affected is private land and the licensee has been unable to determine the name and address of the owners and occupiers of the land, the licensee may apply to the Department Head to have the requirement specified by subsection (1)(h) waived.

S. 42(4) amended by No. 82/2000 s. 40(5), substituted by No. 10/2014 s. 21(1).