140Prospecting to be carried out in accordance with access arrangement

#### 140 Prospecting to be carried out in accordance with access arrangement 140 Prospecting to be carried out in accordance with access arrangement > > (1) The holder of a prospecting title must not carry out prospecting operations on any particular area of land except in accordance with an access arrangement or arrangements applying to that area of land— > > > > > (a) agreed (in writing) between the holder of the prospecting title and each landholder of that area of land, or > > > > > (b) determined by an arbitrator in accordance with this Division. > > > > Maximum penalty— > > > > > (a) for a corporation—5,000 penalty units, and, for a continuing offence, a further penalty of 500 penalty units for each day the offence continues, or > > > > > (b) for an individual—1,000 penalty units or imprisonment for 5 years, or both, and, for a continuing offence, a further penalty of 100 penalty units for each day the offence continues. > > > (2) Separate access arrangements may (but need not) be agreed or determined with different landholders of the same area of land, for different areas of the same landholding or with respect to the different matters to which access arrangements relate. > > > (3) Separate access arrangements may be made to preserve the confidentiality of provisions of the arrangements, to deal with persons becoming landholders at different times or for any other reason. > > **s 140:** Am 1999 No 43, Sch 1 \[13\]. Subst 2010 No 29, Sch 1 \[3\]. Am 2022 No 21, Sch 1\[50\].