135Authorised fossicking

135 Authorised fossicking (1) A person may enter land of the Territory to fossick only in accordance with this Part, unless the fossicking is to be conducted under an ML authorising tourist fossicking. (2) For this Act, to fossick is to do any of the following except as a commercial fossicking activity: (a) search for a mineral by hand or any hand-held instrument (for example, a hand-held metal-detecting device) to a depth not exceeding 1 metre below the line of the natural surface of the land; (b) extract limited amounts of a mineral, as prescribed by regulation, by hand or a hand-held instrument that is not power-operated; (c) remove a mineral following a search or extraction done in accordance with paragraph (a) or (b). Mineral Titles Act 2010 71 (3) For subsection (2), a commercial fossicking activity is the extraction of substantial amounts of minerals to which this Part applies, conducted as part of a business trading in those minerals from which the person conducting the activity derives a significant income. Note for subsection (3) The extraction of minerals as a commercial fossicking activity is mining and the person conducting the activity must hold an ML authorising the activity. (4) For subsection (2)(a) and (b), searching for or extracting a mineral by a method that involves the use of explosives is not fossicking. (5) A reference in this section to a mineral: (a) does not include a reference to any of the following: (i) diamonds, fossils of vertebrate animals, and meteorite fragments; (ii) another mineral or substance excluded by regulation; and (b) includes a reference to a substance prescribed by regulation.