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MINING ACT 1978 - SECT 31

MINING ACT 1978 - SECT 31

31 .         Holder of permit to give notice to owner and occupier

        (1)         The holder of a permit issued under section 30 or his duly authorised employee or agent shall hand a copy of the permit to the occupier of the private land over which the permit has been granted on the first occasion that the holder, his employee or agent enters upon that land after the issue of the permit, but if the occupier is not present on the private land on that occasion, the holder of the permit, his employee or agent shall —

            (a)         on entering the land on that occasion place a copy of the permit in a prominent position on the occupier’s dwelling or in a prominent position at the main entrance to the land if no such dwelling is situated on the land; and

            (b)         in any event, within 48 hours of his first entering the land after the issue of the permit, cause a copy of the permit to be sent by prepaid registered post to the occupier at his last known place of abode or business.

        (2)         Where the occupier of the private land is also the owner or one of the owners of that private land, no further notice other than that required by subsection (1) is required to be served on that owner or any of the other owners of that land for the purposes of subsection (3).

        (3)         Where none of the owners of any private land is also in occupation of that land, the holder of a permit granted over that private land shall cause a copy of the permit to be sent, within 48 hours of his first entering the land after the issue of the permit, by prepaid registered post to one of those owners at —

            (a)         in the case of an owner which is a body corporate — the registered office of the body corporate; or

            (b)         in the case of an owner who is not a body corporate — to his last known place of abode or business.

        [Section 31 amended: No. 100 of 1985 s. 22; No. 22 of 1990 s. 10.]