10Defences to prosecutions under Part 2

#### 10 Defences to prosecutions under Part 2 10 Defences to prosecutions under Part 2 > > (1) It is a defence to a prosecution of a person for an offence under section 5 if the person establishes that the person was prospecting for or mining minerals in the course of— > > > > > (a) fossicking, or > > > > > > Note. > > > > > > Section 12 declares fossicking to be a lawful activity. > > > > > (b) carrying out an activity in accordance with section 81. > > > (2) It is a defence to a prosecution of a person for an offence under section 6 if the person establishes that the person was carrying out the ancillary mining activity in the course of carrying out an activity in accordance with section 81. > > > (3) It is a defence to the prosecution of a person for an offence under section 5 or 6 if the person establishes that the person was prospecting for or mining minerals, or carrying out the ancillary mining activity— > > > > > (a) in accordance with rights under an authority or a mineral claim that have devolved on the person by operation of law, and > > > > > (b) at a time when the person had applied under section 162 or 202 to have the person’s name recorded as the holder of the authority or mineral claim and the application had not been refused. > > > (4) It is a defence to the prosecution of a person for an offence under section 5 or 6 in relation to mining for mercury if the mercury was mined as a by-product of mining for another mineral as authorised under this Act. > > **s 10:** Subst 2008 No 19, Sch 1 \[3\]. Am 2022 No 21, Sch 1\[5\].