8Offence to search for minerals or do work without authority

8 Offence to search for minerals or do work without authority

S. 8(1) substituted by No. 82/2000 s. 9.

(1) A person, other than the Crown, must not prospect, fossick or otherwise search for minerals, or carry out any exploration or mining, on any land unless—

S. 8(1)(a) amended by No. 59/2010 s. 42(2).

(a) the person does so in accordance with a licence, a miner's right or tourist fossicking authority; or

(b) the person benefits from a relevant minerals exemption.

(2) The owner of minerals that are taken from land in contravention of subsection (1) may recover from the person taking them, as a debt due to the owner of the minerals and recoverable in a court of competent jurisdiction, the value of the minerals taken.

S. 8(3)
inserted by No. 67/1995
s. 60(2),
substituted by No. 67/1995
s. 60(3), amended by No. 6/2009 s. 10.

(3) Subsection (1) applies to the extraction or removal of stone under a work authority relating to an extractive industry which would necessarily involve the mining of a mineral.

S. 8AA inserted by No. 6/2009 s. 11, substituted by No. 68/2014 s. 16.

8AA Offence to search for stone without consent

A person must not search for stone or carry out any survey or other operation for the purpose of searching for stone—

(a) on Crown land without consent under section 77A(1) and any consent required under section 77A(2); or

(b) on any private land without—

(i) the consent of the owner of the land and any consent required under section 77A(2), if the body whose consent is required under that section is not the owner; or

(ii) the authority of the Minister under section 112 and any consent required under section 77A(2).

Penalty: 50 penalty units.

S. 8AB inserted by No. 6/2009 s. 11.

8AB Offence to carry on extractive industry without authority

S. 8AB(1) amended by No. 47/2015 s. 6(1).

(1) A person must not carry out an extractive industry on any land without a current extractive industry work authority to carry out that extractive industry on that land.

S. 8AB(2) substituted by No. 47/2015 s. 6(2).

(2) The holder of an extractive industry work authority and the manager of the place where the extractive industry is being carried out under the work authority must not carry out extractive industry under the work authority otherwise than—

(a) in accordance with the work authority; and

(b) in accordance with the approved work plan.