40Marking out of proposed claim areas

#### 40 Marking out of proposed claim areas 40 Marking out of proposed claim areas (Former clause 38 of 2010 Reg) > > (1) For the purposes of section 176 (1) of the Act, a proposed claim area is to be marked out with marker posts located along the boundaries of the proposed claim area. > > > (2) A marker post may be used to mark out more than one claim area (proposed or otherwise), but only with the written consent of each applicant for the mineral claim relating to that area or of each holder of that claim area. > > > (3) The area marked out for a proposed mineral claim must, as far as practicable, be square or rectangular in shape and no side of the area may exceed 200 metres in length. > > > (4) The marker posts are to be located at each point where the boundaries change direction. > > > (5) The boundaries of the proposed claim area are to be indicated— > > > > > (a) by means of trenches at least 150 millimetres in depth, or > > > > > (b) if the cutting of trenches is impracticable, by means of stone walls at least 150 millimetres in height, > > > > extending along the boundaries for a distance of at least one metre from each marker post. > > > (6) If it is impractical to comply with subclause (5), steel direction indicators must be attached to each marker post showing the alignment of the claim boundaries. The steel direction indicators must be of a design acceptable to the Secretary. > > > (7) There is to be attached to— > > > > > (a) the marker post indicating the northernmost corner of the proposed claim area, or > > > > > (b) if there are 2 or more such posts, the easternmost of them, > > > > a board or plate (made of wood or metal) to which is fixed a notice of the proposed mineral claim. > > > (8) The notice is to contain the following particulars— > > > > > (a) the words “MINERAL CLAIM” in block letters prominently displayed at the head of the notice, > > > > > (b) the dimensions of the land over which the proposed mineral claim has been marked out, > > > > > (c) the date on which the proposed mineral claim was marked out, > > > > > (d) the name and address of the applicant for the proposed mineral claim. > > > (9) As soon as practicable (but not later than 14 days) after a mineral claim is granted, the holder of the claim must include the following particulars on the notice— > > > > > (a) the date on which the mineral claim was granted, > > > > > (b) the mineral claim number or other identifying code for the mineral claim. > > > (10) The requirements of subclause (9) are satisfied if the holder of the mineral claim replaces the notice with a new notice containing the particulars required by subclauses (8) and (9). > > > (11) The applicant for a mineral claim must ensure that any marker post and any notice required by this clause is properly maintained and replaced, if lost or damaged, until the application is determined and, if the claim is granted, while the claim is in force. > > > > Maximum penalty—20 penalty units.