NTIn ForceRegulation
MINERAL TITLES REGULATIONS 2011
104Refusal of consent
Start here
Get a plain-English read of 104
Turn the raw legal text into a practical explanation grounded in MINERAL TITLES REGULATIONS 2011.
104 Refusal of consent
(1) The specified person for relevant land may refuse a person's
fossicking request by written notice to the person, giving reasons
for the refusal.
(2) However:
(a) the specified person must not unreasonably refuse the
fossicking request; and
(b) a dispute about a refusal may be decided by the Tribunal on
application by the person who made the request.
(3) The specified person may be taken to have unreasonably refused
the fossicking request if the fossicking described in the request
would not interfere substantially with the specified person's use of
the relevant land.
(4) Subregulations (2) and (3) do not apply if the Minister is the
specified person.
(5) If a person has entered relevant land to fossick as authorised by
section 168 of the Act, and the landowner subsequently gives the
fossicker a notice refusing the person's fossicking request, the
person must leave the land without delay.
Mineral Titles Regulations 2011 58