MINING ACT 1978 - SECT 104

MINING ACT 1978 - SECT 104

104 .         Entry on land for purpose of marking out, surveying etc.

        (1)         Subject to this Act, for the purpose of marking out any land and posting notices on any land in connection with an application for a mining tenement, any person or his servant or agent may —

            (a)         enter and re-enter from time to time on any land with such assistants as he thinks fit; and

            (b)         affix and set up on the land pegs, marks, posts, cairns of stones and poles, inspect and repair any peg, mark, post, cairn of stones or pole; and

            (c)         do all such things as may be necessary for the purpose of marking out the land, and posting notices thereon.

        (2)         Subject to subsections (3) to (5), for the purposes of surveying any land in connection with a mining tenement, any surveyor authorised in that behalf may —

            (a)         enter and re-enter from time to time on any land, with such assistants as he thinks fit; and

            (b)         affix and set up on the land survey pegs, marks and poles; and

            (c)         do all such things as may be necessary for the purposes of the survey.

        (3)         A person shall not enter on any private land for any purpose referred to in subsection (1) unless he does so pursuant to a permit issued under section 30.

        (4)         A person shall not, for the purposes specified in subsection (1) or (2), enter on any Commonwealth land or land referred to in section 24 or 25 or a marine nature reserve or marine park except as provided in section 26.

        (5)         In carrying out any marking out, posting of notices or survey of any land, every person entering on the land under this section shall ensure that no damage is done that with reasonable diligence could be avoided.

        [Section 104 amended: No. 5 of 1997 s. 41(2); No. 51 of 2012 s. 31.]