Offences relating to entry onto or remaining on relevant land requiring consent
22 Offences relating to entry onto or remaining on relevant land requiring consent
A person commits an offence if:
(a) the person has entered relevant land mentioned in regulation 11(2) to conduct preliminary exploration on the land; and
the specified person for the land:
(i) has given the person a notice of refusal under regulation 19(1); or
(ii) has not responded to the person's preliminary exploration request.
Maximum penalty: 80 penalty units.
(2) However, a person does not commit an offence against subregulation (1) if:
the relevant land is private land or a park or reserve; and
(b) the landowner has not responded to the person's preliminary exploration request; and
(c) the person has entered the land as authorised by section 168 of the Act.
A person commits an offence if:
(a) the person has entered relevant land mentioned in regulation 11(2) to conduct preliminary exploration on the land; and
the specified person for the land has given the person:
(i) a notice of refusal under regulation 19(1) after the person's entry is authorised by section 168 of the Act; or
(ii) a notice under regulation 20(1) withdrawing consent to the person's preliminary exploration request; and
the person does not leave the relevant land without delay.
Maximum penalty: 80 penalty units.
A person commits an offence if the person:
(a) has been given a notice by the specified person for relevant land consenting to the person's preliminary exploration request; and
(b) enters the relevant land earlier than the date specified in the request or as agreed with the specified person.
Maximum penalty: 40 penalty units.
(5) Strict liability applies to subregulations (1)(b)(i) and (4)(a).
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