MINING ACT 1978 - SECT 26
MINING ACT 1978 - SECT 26
26 . Terms and conditions
(1) The terms and
conditions that may be imposed pursuant to sections 24, 24A, 25 and 25A may
include among others a condition that —
(a) any
person carrying out mining operations on the land shall make good injury to
the surface of the land or injury to anything on the surface thereof;
(b) if
default is made in making good any such injury the person having the control
and management of such land may carry out the work necessary to do so and
recover the cost thereof in a court of competent jurisdiction from the person
in default;
(c)
mining operations shall be confined to such depth below the surface of the
land as may be specified in the conditions;
(d) the
person carrying out such mining operations shall lodge with the Minister,
within such period as the Minister specifies in writing, a security to cover
the probable cost of the work referred to in paragraph (b);
(e)
compensation to be assessed in accordance with this Act shall be paid to the
person having the control and management of the land affected for any loss or
damage caused by such mining operations.
(1a) A security
referred to in subsection (1)(d) shall be in accordance with and subject to
section 126.
(2) In relation to any
application for a mining tenement in respect of any land, or land of a class,
to which section 24, 24A or 25 applies —
(a) land
to which section 24(1)(a) or (b) refers may be marked out only with the
consent of the Minister and the responsible Minister; and
(aa) a
marine nature reserve or marine park may be marked out only with the consent
of the Minister and the conservation Minister as defined in section 24A(9);
and
(b) land
to which section 24(1)(d) refers may be marked out only in accordance with
such conditions and restrictions, if any, as are lawfully prescribed pursuant
to section 128(1)(h) of the Conservation and Land Management Act 1984 ,
but otherwise the land
shall be marked out as a mining tenement in accordance with this Act.
(3) The responsible
Minister for the purposes of subsection (2)(a) is the person who is the
responsible Minister in relation to the land as determined pursuant to
section 24(8).
(4) In relation to any
application for a mining tenement in respect of Commonwealth land, the
Commonwealth land may be marked out only with the consent of the Minister and
the Minister of the Commonwealth responsible for the control and management of
the land, but otherwise the land is to be marked out as a mining tenement in
accordance with this Act.
[Section 26 amended: No. 100 of 1985 s. 18; No. 5
of 1997 s. 41(2); No. 17 of 1999 s. 4; No. 51 of 2012 s. 14.]