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].