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NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 43

NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 43

43—Rights of prospecting and mining

        (1)         Subject to subsection (2), rights of entry, prospecting, exploration, or mining cannot be acquired or exercised pursuant to a mining Act in respect of land constituting a reserve.

        (1a)         Subsection (1) does not apply to a regional reserve.

        (2)         The Governor may, by proclamation, declare that subject to any conditions specified in the proclamation rights of entry, prospecting, exploration, or mining may be acquired and exercised in respect of land constituting a reserve or portion of a reserve, to which subsection (1) applies.

        (2a)         A person must not contravene or fail to comply with a condition of a proclamation under this section.

Maximum penalty: $10 000 or imprisonment for 2 years, or both.

        (3)         A proclamation under subsection (2) has effect in accordance with its terms.

        (4)         The Governor may, by proclamation, vary or revoke a proclamation under subsection (2).

        (5)         A proclamation under this section in respect of land constituting a national park, a conservation park or the Para Wirra Recreation Park (except a proclamation revoking a previous proclamation) must not be made unless—

            (a)         the proclamation is made for the purpose of continuing rights of entry, prospecting, exploration or mining vested in any person immediately before the commencement of this Act in respect of that land; or

            (b)         the proclamation is made simultaneously with the proclamation constituting that land a national park or a conservation park; or

            (c)         the proclamation is made in pursuance of a resolution passed by both Houses of Parliament.

        (6)         Notice of a motion for a resolution under subsection (5)(c) must be given at least 14 sitting days before the resolution is passed.

        (7)         A proclamation must not be made under this section in relation to a co-managed park constituted of Aboriginal-owned land except with the agreement of the registered proprietor of the land.