New South Wales Repealed Regulations

This legislation has been repealed.

MINING (GENERAL) REGULATION 1997 - REG 31

31 Rights of way: section 211

(1) For the purposes of section 211 (1) of the Act, a right of way to which the holder of a mineral claim is entitled under that section is to be marked out with:

(a) steel star pickets, or

(b) other posts having a diameter of at least 75 millimetres,

along the route of the right of way.

(2) The pickets or posts are to be fixed into the ground:

(a) at intervals of not more than 150 metres, and

(b) at each point where the route of the right of way changes direction,

and must project at least one metre above the ground.

(3) The holder of the mineral claim who is entitled to the right of way must ensure that any such picket or post is properly maintained.

Maximum penalty: 20 penalty units.

(4) For the purposes of section 211 (5) of the Act, the exercise of a right of way conferred by that section is subject to the following conditions:

(a) the holder of the mineral claim who is entitled to the right of way is to pay to the landholder such amount, by way of compensation, as a warden may determine,

(b) if the right of way passes over:

(i) any garden, orchard or land under cultivation, or

(ii) any land on which is situated any improvement, being a substantial building, dam, reservoir, contour bank, graded bank, levee, water disposal area, soil conservation work or other valuable work or structure,

being land that was, when the right of way was marked out, land of that nature, the holder of the mineral claim who is entitled to the right of way is not to exercise the right of way otherwise than in accordance with the consent of the landholder.

(5) The amount determined for the purposes of subclause (4) (a) may be a fixed amount or an amount calculated at a fixed rate.