FOSSICKING ACT 1994 - SECT 42 Declaration of designated fossicking land

FOSSICKING ACT 1994 - SECT 42

42 Declaration of designated fossicking land

(1) A regulation may declare particular land to be designated fossicking land, and give the land a name.

(2) A regulation must not make a declaration for occupied land without the owner’s written agreement or for a known fossil site.

(3) The agreement of 1 owner who is a joint tenant or tenant in common with other owners, is, in the absence of evidence to the contrary, taken to be agreement of each other owner who is a joint tenant or tenant in common for subsection (2) .

(4) A declaration under subsection (1) does not affect—

(a) the rights under the Mineral Resources Act 1989 of a holder of a prospecting permit, exploration permit, mineral development licence, mining claim or mining lease for land stated in the declaration; or

(b) a right obtained under the Mineral Resources Act 1989 after the declaration, under an application made before the declaration, for a permit, licence, claim or lease mentioned in paragraph (a) for land stated in the declaration.