Operations near residence or other area
109 Operations near residence or other area
Subject to subsection (4), a permittee or licensee must not carry out an operation on land that is:
used as, or within 50 m of land being used as, a residence, yard, garden, orchard or cultivated field; or
(b) within a distance of 200 m of any artificial accumulation of water or any outlet from which water may be obtained.
A permittee or licensee commits an offence if the permittee or licensee carries out an operation in contravention of subsection (1).
Maximum penalty: 200 penalty units.
An offence against subsection (2) is an offence of strict liability.
A permittee or licensee is exempt from subsection (1) if given written approval to carry out the operations by:
(a) the owner of the land or, if the occupier of the land has, in the land, an interest registered on the Register kept by the Registrar-General under Part 3 of the Land
Title Act 2000, the occupier; and
any registered native title bodies corporate, or registered native title claimants, in relation to the land.
Note for subsection (4)
The defendant has an evidential burden in relation to the matters in subsection (4) (see section 43BU of the Criminal Code).
This Act’s bill:Second reading speech
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