New South Wales Consolidated Acts

MINING ACT 1992 - SECT 10

10 Defence to prosecutions under Part 2

It is a sufficient defence to a prosecution under this Part if the person who was prospecting for or mining a mineral establishes that the person was doing so:

(a) by virtue of an entitlement arising from a legal or equitable interest that is registered under section 161, or

(b) in the course of lawful fossicking.