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.]