MINING ACT 1978 - SECT 25
MINING ACT 1978 - SECT 25
25 . Mining on foreshore, sea bed, navigable waters or townsite
(1) The classes of
land to which this section applies are —
(a) any
part of the foreshore, being the area between the mean high water springs
level of the sea and the mean low water springs level of the sea; and
(b) any
part of the sea bed between the mean low water springs level of the sea and
the inner limits of the coastal waters of the State as defined in
section 16(1) and (2) of the Offshore Minerals Act 2003 ; and
(c) any
land under navigable waters in the State; and
(d) any
land that is a townsite within the meaning of the Land Administration Act 1997
,
but this section does
not apply to land that is part of a marine nature reserve, marine park or
marine management area.
(2A) Mining on any
land referred to in subsection (1)(a), (b) or (c) may be carried out with the
written consent of the Minister who may refuse his consent or who may give his
consent subject to such terms and conditions as the Minister specifies in the
consent.
(2B) Before giving his
consent under subsection (2A) whether conditionally or unconditionally the
Minister shall first consult the Minister to whom the administration of the
Fish Resources Management Act 1994 is for the time being committed by the
Governor, the Minister to whom the administration of the
Marine and Harbours Act 1981 is for the time being committed by the Governor,
the LAA Minister and the Minister to whom the administration of the
Environmental Protection Act 1986 is for the time being committed by the
Governor with respect thereto and obtain their recommendations thereon.
(3A) Mining on any
land referred to in subsection (1)(d) may be carried out with the written
consent of the Minister who may refuse his consent or who may give his consent
subject to such terms and conditions as the Minister specifies in the consent.
(3B) Before giving his
consent under subsection (3A) whether conditionally or unconditionally the
Minister shall first consult the LAA Minister and the local government, in
respect thereto and obtain their recommendations thereon.
[Section 25 amended: No. 77 of 1986 s. 9; No. 22
of 1990 s. 7; No. 37 of 1993 s. 4; No. 14 of 1996 s. 4; No. 5 of 1997 s. 42;
No. 31 of 1997 s. 71(12) and 141; No. 24 of 2000 s. 26(1); No. 12 of 2003
s. 8; No. 8 of 2010 s. 18; No. 19 of 2010 s. 51.]