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MINERAL RESOURCES DEVELOPMENT ACT 1995 - SECT 5 Application of Act

MINERAL RESOURCES DEVELOPMENT ACT 1995 - SECT 5

Application of Act

(1)  Subject to this section, this Act applies to all land and minerals in the State.
(2)  Subject to subsection (3) , this Act does not apply to the surface, or within 15 metres below the surface, of any land which is set apart or dedicated for any public purpose, other than as –
(a) a public reserve within the meaning of the Crown Lands Act 1976 ; or
(b) permanent timber production zone land within the meaning of the Forest Management Act 2013 .
(3)  The Minister, by order and with the agreement of any other appropriate Minister, may declare that this Act or any specified provision of this Act applies to –
(a) .  .  .  .  .  .  .  .  
(b) any specified land set apart or dedicated for any public purpose.
(4)  The Minister, by order, may declare that any specified area of land or any specified mineral is exempt from this Act.
(4A)  A person must not explore, undertake mining on, or remove minerals from, any area of land in contravention of an order under subsection (4) .
(5)  The holder of an exploration licence or a special exploration licence must not exercise any right conferred by the licence within an area of land exempted under subsection (4) without the Minister's approval.
Penalty:  Fine not exceeding 10 penalty units.
(6)  This Act does not apply to the mining of –
(a) Category 3 minerals carried out by the Crown in a State forest or on future potential production forest land within the meaning of the Forestry (Rebuilding the Forest Industry) Act 2014 in accordance with the Forest Practices Code under the Forest Practices Act 1985 for the purpose of supplying materials for the construction of a forest road for providing access to a State forest; or
(b) Category 3 minerals carried out by the Crown from a quarry in a State forest and sold at a rate of less than 100 tonnes per year.
(7)  Sections 19 , 54 and 79 do not apply to the prescribed area of land in the municipal area of Dorset.
(8)  This Act does not extinguish or impair any native title rights and interests recognised under the Native Title Act 1993 of the Commonwealth.
(9)  This Act applies to reserved land within the meaning of the Nature Conservation Act 2002 and a public reserve within the meaning of the Crown Lands Act 1976 .