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.