253Encroachments by mining works

253 Encroachments by mining works

253 Encroachments by mining works

(1) The Minister may, on the application of a person having the care and management of a public road or railway, grant a permit to a registered surveyor or other person to enter and inspect any land the subject of an authority or a mineral claim so as to enable the person to ascertain whether any work carried out on that land—

(a) is encroaching on that road or railway, or

(b) is likely to cause injury or damage to that road or railway or to any building or structure adjacent to that road or railway.

(2) The Minister may, on the application of a landholder of land adjoining land the subject of an authority or a mineral claim, grant a permit to a registered surveyor or other person to enter and inspect that land so as to enable the person to ascertain whether any work carried out on that land is encroaching on the adjoining land.

(3) The holder of a permit under this section, and any employee or agent of the holder, may, in accordance with the permit—

(a) enter and inspect the land to which the permit relates, and

(b) survey that land or any part of that land, and

(c) make plans and sections of that land or any part of that land and of any buildings, structures or works situated on that land.

s 253: Am 1999 No 43, Sch 1 [60]; 2002 No 83, Sch 2.13 [2]; 2008 No 107, Sch 19 [33].