MINING ACT 1992 - SECT 140
Prospecting to be carried out in accordance with access arrangement
MINING ACT 1992 - SECT 140
Prospecting to be carried out in accordance with access arrangement
140 Prospecting to be carried out in accordance with access arrangement
(1) The holder of a prospecting title must not carry out prospecting
operations on any particular area of land except in accordance with an access
arrangement or arrangements applying to that area of land--
(a) agreed (in
writing) between the holder of the prospecting title and each landholder of
that area of land, or
(b) determined by an arbitrator in accordance with this
Division.
: Maximum penalty--
(a) for a corporation--5,000 penalty units,
and, for a continuing offence, a further penalty of 500 penalty units for each
day the offence continues, or
(b) for an individual--1,000 penalty units or
imprisonment for 5 years, or both, and, for a continuing offence, a further
penalty of 100 penalty units for each day the offence continues.
(2) Separate
access arrangements may (but need not) be agreed or determined with different
landholders of the same area of land, for different areas of the same
landholding or with respect to the different matters to which access
arrangements relate.
(3) Separate access arrangements may be made to preserve
the confidentiality of provisions of the arrangements, to deal with persons
becoming landholders at different times or for any other reason.