254Permit to enter land

#### 254 Permit to enter land 254 Permit to enter land > > (1) Subject to the regulations, the Secretary may grant a permit to any person to enter any land so as to enable the person to inspect or mark out a proposed mineral claim, to inspect an opal prospecting block or to comply with the conditions of a mineral claim or opal prospecting licence. > > > (2) Subject to the regulations, the holder of a permit under this section, and any employee or agent of the holder, may, in accordance with the permit— > > > > > (a) enter the land to which the permit relates, and > > > > > (b) do all such things as are reasonably necessary for the purpose of inspecting or marking out a proposed mineral claim, inspecting an opal prospecting block or complying with the conditions of any mineral claim or opal prospecting licence. > > > (3) A permit under this section may not be granted over 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 that 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. > > > (4) 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 (3) (a), and > > > > > (b) 50 metres (or, if a greater distance is prescribed by the regulations, the greater distance) for the purposes of subsection (3) (b). > > **s 254:** Am 1999 No 43, Sch 1 \[61\] \[62\]; 2004 No 75, Sch 1 \[33\]; 2008 No 68, Sch 1 \[8\].