188Dwelling-houses, gardens and significant improvements

#### 188 Dwelling-houses, gardens and significant improvements 188 Dwelling-houses, gardens and significant improvements > > (1) A mineral claim may not be granted over the surface of any land— > > > > > (a) on which, or within the prescribed distance of which, is situated a dwelling-house that is the principal place of residence of the person occupying it or a woolshed or shearing shed which is in use as such, or > > > > > (b) on which, or within the prescribed distance of which, is situated any garden, or > > > > > (c) on which is situated any significant improvement other than an improvement constructed or used for ancillary mining activities only, > > > > except with the written consent of the owner of the dwelling-house, woolshed, shearing shed, garden or improvement (and, in the case of the dwelling-house, the written consent of its occupant). > > > (2) The prescribed distance is— > > > > > (a) 200 metres (or, if a greater distance is prescribed by the regulations, the greater distance) for the purposes of subsection (1) (a), and > > > > > (b) 50 metres (or, if a greater distance is prescribed by the regulations, the greater distance) for the purposes of subsection (1) (b). > > > (2A) A mineral claim may not be granted over land— > > > > > (a) which is within a preserved mining field, and > > > > > (b) which is privately owned land (that is, land that is not Crown land) or is Crown land held under a Western lands lease (as defined in Schedule 3 to the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058)) for residential purposes, and > > > > > (c) within which is situated a dwelling-house that is the principal place of residence of its occupier, > > > > except with the written consent of both the owner and the occupier of the dwelling-house. > > > (2B) Subsection (1) does not apply to land referred to in subsection (2A). > > > (3) A written consent given under this section is irrevocable. > > > (4) Subsections (1) and (2A) do not apply in respect of a dwelling-house, woolshed, shearing shed, garden or significant improvement that was not in existence when the application for the mineral claim was lodged. > > > (5) If a dispute arises as to whether or not subsection (1) or (2A) applies in a particular case, any party to the dispute may apply to the Land and Environment Court for a determination of the matter. > > > (6) A mineral claim may not be granted over land below the surface of land referred to in subsection (1) except at such depths, and subject to such conditions, as the decision-maker considers sufficient to minimise damage to that surface. > > **s 188:** Am 1992 No 111, Sch 1; 1996 No 137, Sch 1 \[46\]–\[49\]; 1999 No 43, Sch 1 \[43\] \[44\]; 2000 No 90, Sch 2.1 \[17\]; 2004 No 75, Sch 1 \[12\]–\[14\]; 2008 No 19, Sch 1 \[141\]; 2008 No 68, Sch 1 \[2\] \[7\]; 2008 No 107, Sch 19 \[20\]; 2017 No 17, Sch 2.12 \[5\] (am 2017 No 63, Sch 1.6 \[1\]; 2022 No 21, Sch 1\[63\].