Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The holder of a
permit issued under section 30 or his duly authorised employee or agent
is thereby authorised —
(a) to
enter upon and remain upon the surface of the private land to which the permit
relates and to search thereon for any mineral and to mark out, and repair and
maintain the marks set up and notices relating to the application for one or
more mining tenements with respect to that land or any part thereof;
(b) to
search thereon for any mineral and detach one or more samples of any vein or
lode outcropping on the surface thereof not exceeding in the aggregate
13 kilograms and to take therefrom such other samples as may be agreed by
the owner or, where the owner is not in occupation of the private land, the
occupier of the private land; and
(c) to
remove from the private land such samples for the purpose of assaying or
testing the value thereof,
but the holder or his
duly authorised employee or agent shall not carry out any other mining on or
otherwise disturb the surface of the land.
(2) Where a warden or
a prescribed official refuses to grant an application for a permit under
section 30 or grants the application on conditions the applicant
considers unreasonable or fixes a sum of money under section 30(4) which
the applicant considers excessive the applicant may within the time and in the
manner prescribed appeal to the Minister against such refusal, conditions or
amount as the case may be.
(3) The Minister may
dismiss the appeal or uphold the appeal and grant the permit which he is
hereby authorised to do.
[Section 32 amended by No. 69 of 1981
s. 11; No. 100 of 1985 s. 23; No. 39 of 2004 s. 54.]