MINING ACT 1992 - SECT 240A Prohibition notices

MINING ACT 1992 - SECT 240A

240A Prohibition notices

(1) If the Secretary or an inspector reasonably suspects that a person who is not the holder of an authorisation is carrying out, or is about to carry out, any activity in contravention of a provision of this Act requiring an authorisation to be held when carrying out the activity, the Secretary or inspector may direct the person to discontinue that activity on the land specified in the notice.

(1A) If the Secretary or an inspector reasonably suspects that a person is carrying out, or is about to carry out, an activity in contravention of section 6 (Unauthorised carrying out of designated ancillary mining activities), the Secretary or inspector may direct the person to discontinue that activity.

(2) The direction may be given orally, but must be confirmed by written notice (a
"prohibition notice" ) issued to the person as soon as practicable.

(3) A prohibition notice must state--

(a) the reasons for the issue of the prohibition notice, and

(b) the activity concerned, and

(c) the provision of this Act that the Secretary or inspector believes is being, or is likely to be, contravened by that activity.