107Offences relating to entry onto or remaining on relevant land

107 Offences relating to entry onto or remaining on relevant land requiring consent (1) A person commits an offence if: regulation 98(2) to fossick on the land; and

Mineral Titles Regulations 2011 59 (b) the specified person for the land: (i) has given the person a notice of refusal under regulation 104(1); or (ii) has not responded to the person's fossicking request. (2) However, a person does not commit an offence against subregulation (1) if: (a) the relevant land is: (i) a park or reserve; or (ii) private land or pastoral land and the fossicking request was given to the landowner as mentioned in regulation 99(2)(b)(ii); and (b) the landowner has not responded to the request; and (c) the person has entered the land as authorised by section 168 (3) A person commits an offence if: regulation 98(2) to fossick on the land; and (b) the specified person for the land has given the person: (i) a notice of refusal under regulation 104(1) after the person's entry is authorised by section 168 of the Act; or (ii) a notice under regulation 105(1) withdrawing consent to the person's fossicking request; and (c) the person does not leave the relevant land without delay. (4) A person commits an offence if the person: (a) has been given a notice by the specified person for relevant land consenting to the person's fossicking request; and request or as agreed with the specified person.

Mineral Titles Regulations 2011 60 (5) Strict liability applies to subregulations (1)(b)(i) and (4)(a).