NSWIn ForceAct
Mining Act 1992
5Mining or prospecting without authorisation
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#### 5 Mining or prospecting without authorisation
5 Mining or prospecting without authorisation
> A person must not prospect for or mine any mineral except in accordance with an authorisation that is in force in respect of that mineral and the land where the prospecting or mining is carried on.
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> Maximum penalty for prospecting in contravention of this section—
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> > (a) in the case of a corporation—5,000 penalty units, and, in the case of a continuing offence, a further penalty of 500 penalty units for each day that the offence continues, or
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> > (b) in the case of a natural person—1,000 penalty units or imprisonment for 5 years, or both, and, in the case of a continuing offence, a further penalty of 100 penalty units for each day that the offence continues.
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> Maximum penalty for mining in contravention of this section—
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> > (a) in the case of a corporation—10,000 penalty units, and, in the case of a continuing offence, a further penalty of 1,000 penalty units for each day that the offence continues, or
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> > (b) in the case of a natural person—2,000 penalty units or imprisonment for 5 years, or both, and, in the case of a continuing offence, a further penalty of 200 penalty units for each day that the offence continues.
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> **s 5:** Am 2000 No 90, Sch 1.1 \[1\]. Subst 2008 No 19, Sch 1 \[2\]. Am 2012 No 84, Sch 2.2 \[1\] \[2\].