41Mining

41 Mining

41 Mining

(1) It is unlawful to prospect or mine for minerals in a national park or historic site, except as expressly authorised by an Act of Parliament.

(2) The Mining Act 1992, the Offshore Minerals Act 1999, the Petroleum (Onshore) Act 1991 and the Petroleum (Offshore) Act 1982 do not apply to or in respect of lands within a national park or historic site.

(3) This section does not apply to or in respect of existing interests, or the renewal or extension of the term of any such interest, as referred to in section 39.

(4) The Minister may, subject to such terms and conditions as the Minister may determine from time to time, approve of prospecting for minerals being carried out on behalf of the Government in a national park or historic site by a person nominated by the Minister for Minerals and Energy.

(5) Such an approval has no force unless, before the approval is granted, notice of intention to grant the approval is laid before both Houses of Parliament and—

(a) no notice of motion that the approval not be granted is given in either House of Parliament within 15 sitting days of that House after the notice of intention was laid before it, or

(b) if notice of such a motion is given, the motion is withdrawn, is defeated or lapses.

(6) A certificate by the Minister to the effect that the requirements of this section have been complied with in respect of an approval specified in the certificate is conclusive evidence of compliance with those requirements.

(7) Except as provided by this section, nothing in this section affects the right, title or interest of any person in respect of minerals in any lands within a national park or historic site.

s 41: Am 1983 No 183, Schs 3 (12), 6 (5). Subst 1990 No 71, Sch 1 (2). Am 1992 No 29, Sch 5; 1998 No 5, Sch 2.2 [2]; 1999 No 42, Sch 3.12 [2]; 2007 No 27, Sch 1.29.