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MINING ACT 1978 - SECT 40E

MINING ACT 1978 - SECT 40E

40E .         Permit to prospect on Crown land or conservation land subject of exploration licence

        (1)         The mining registrar or the holder of a prescribed office in the Department may issue a permit to prospect for minerals on Crown land or conservation land that is the subject of an exploration licence to —

            (a)         a natural person who is the holder of a miner’s right; or

            (b)         2 or 3 natural persons, each of whom is the holder of a miner’s right, as joint holders of the permit.

        (2)         A permit cannot be issued under subsection (1) if the applicant for the permit is already the holder of a permit under this section in respect of the exploration licence to which his or her application relates.

        (3)         An application for a permit —

            (a)         must be made in the prescribed form; and

            (b)         must be lodged in the prescribed manner; and

            (c)         must be accompanied by the prescribed application fee (if any).

        (4)         The area of land in respect of which a permit is issued is to be specified in the permit in the prescribed manner.

        (5)         A permit is subject to such conditions as are imposed in accordance with the regulations and specified in the permit.

        (6)         In addition to any conditions that may be imposed under subsection (5) every permit is to be regarded as having been issued subject to conditions that the holder or each holder (in the case of joint holders) —

            (a)         must not use explosives or tools, other than hand tools, on the land the subject of the permit; and

            (b)         must not prospect below the prescribed depth; and

            (c)         must comply with the prescribed limits referred to in section 40D(1)(c); and

            (d)         must not prospect within 100 m of any activities that are being carried out under the authority of an exploration licence; and

            (e)         must not prospect on land that is the subject of a special prospecting licence under section 70.

        (7)         A permit is not transferable.

        [Section 40E inserted: No. 51 of 2012 s. 15.]