MINING ACT 1978 - SECT 48
MINING ACT 1978 - SECT 48
48 . Rights conferred by prospecting licence
A prospecting licence,
while it remains in force, authorises the holder thereof, subject to this Act,
and in accordance with any conditions to which the licence may be subject
—
(a) to
enter and re-enter the land the subject of the licence with such agents,
employees, vehicles, machinery and equipment as may be necessary or expedient
for the purpose of prospecting for minerals in, on or under the land;
(b) to
prospect, subject to any conditions imposed under section 24, 24A or 25, for
minerals, and to carry on such operations and carry out such works as are
necessary for that purpose on such land including digging pits, trenches and
holes, and sinking bores and tunnels to the extent necessary for the purpose
in, on or under the land;
(c) to
excavate, extract or remove, subject to any conditions imposed under
section 24, 24A or 25, from such land, earth, soil, rock, stone, fluid or
mineral bearing substances in such amount, in total during the period for
which the licence remains in force, as does not exceed the prescribed limit,
or in such greater amount as the Minister may, in any case, approve in
writing;
(d) to
take and divert, subject to the Rights in Water and Irrigation Act 1914 , or
any Act amending or replacing the relevant provisions of that Act, water from
any natural spring, lake, pool or stream situate in or flowing through such
land or from any excavation previously made and used for mining purposes and
subject to that Act to sink a well or bore on such land and take water
therefrom and to use the water so taken for his domestic purposes and for any
purpose in connection with prospecting for minerals on the land.
[Section 48 amended: No. 100 of 1985 s. 34 (as
amended: No. 105 of 1986 s. 4); No. 22 of 1990 s. 13; No. 5 of 1997 s. 41(2).]