MINING ACT 1978 - SECT 46A

MINING ACT 1978 - SECT 46A

46A .         Conditions for prevention or reduction of injury to land

        (1)         Reasonable conditions may be imposed on the holder of a prospecting licence for the purpose of preventing or reducing, or making good, injury to the land in respect of which the licence is sought or was granted, or injury to anything on or below the natural surface of that land or consequential damage to any other land.

        (2)         A condition may be imposed under this section —

            (a)         by the mining registrar, the warden or the Minister on the granting of the licence; or

            (b)         by the Minister at any subsequent time.

        (3)         A condition imposed under this section may be cancelled or varied by the Minister at any time.

        (4)         A condition imposed in relation to a licence under this section —

            (a)         may, either in full or with sufficient particularity as to identify the recommendation or other source from which it derives, be endorsed on the licence, for which purpose the holder of the licence shall produce the licence on demand; and

            (b)         whether or not so endorsed, on notice of the imposition of the condition being given in writing to the holder of the licence shall for all purposes have effect as a condition to which the licence is subject.

        [Section 46A inserted: No. 22 of 1990 s. 12; amended: No. 58 of 1994 s. 9(2); No. 12 of 2010 s. 5.]