213Use of water, timber and pasturage etc

213 Use of water, timber and pasturage etc

213 Use of water, timber and pasturage etc

(1) If land subject to a mineral claim includes the surface of the land, the holder of the mineral claim must not—

(a) use water artificially conserved on that land, or

(b) fell trees, strip bark or cut timber on that land,

otherwise than in accordance with the consent of any landholder of the surface of the land or, if such a landholder refuses consent or attaches unreasonable conditions to the consent, in accordance with a determination of the Land and Environment Court.

(2) If land subject to a mineral claim includes the surface of the land, the holder of the claim must not—

(a) depasture horses on the land, or keep on the land any dog that is not under effective control, unless the land is securely fenced, or

(b) remove rock or earth from the land, except in connection with mining operations, otherwise than with the consent of the landholder of the surface of the land.

Maximum penalty—100 penalty units.

s 213: Am 1999 No 43, Sch 1 [34] [51] [52]; 2008 No 19, Sch 1 [178]; 2008 No 107, Sch 19 [24].