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MINERAL TITLES REGULATIONS 2011
107Offences relating to entry onto or remaining on relevant land
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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).