Mineral Resources Act 1989

If he or she believes on reasonable grounds that any mineral is being or has been mined without authority by or under this Act, an authorised officer may, without further authority, seize that mineral, vehicle, machinery, equipment or thing (the subject property) whereupon the subject property shall be taken to be in the custody of the authorised officer.

An authorised officer who seizes the subject property may—

remove, dismantle and do all such things as the officer thinks necessary to transport the subject property to a place of safekeeping;

direct that mineral so seized be deposited by the person from whom it is seized at a place of safekeeping set out in the direction;

if the subject property is not removed to or deposited at a place of safekeeping, do all such things as are prescribed or, if not prescribed, as the officer thinks fit to show that the subject property has been so seized and is in his or her custody;

carry out any improvement restoration the officer considers appropriate for the land on which the mineral is or has been mined as if a mining tenement had been granted for the land.

Upon an application in writing by the owner of the subject property or a person acting on the owner’s behalf or claiming a right to possession of the subject property the authorised officer who has the custody of the subject property may release the subject property to the applicant.

If, upon the expiration of 3 months from the date of seizure of the subject property, the subject property is not released under subsection (3) and the subject property is not required as evidence in proceedings that have been instituted for a breach of any provision of this Act or of any other Act relating to mining alleged to have been committed by the person from whom the subject property was seized then, as soon as practicable thereafter, the authorised officer who seized the subject property shall cause to be served by post upon the owner of the subject property, if the owner can be ascertained, at the owner’s last place of address known to the officer who seized the subject property notice in writing that the subject property may be collected.

The authorised officer who seized the subject property may, if the officer considers it desirable, give public advertisement to the owner in 1 or more newspapers circulating in the locality in which the subject property was seized or in other localities that the subject property may be collected.

If the subject property is required as evidence in any proceedings instituted for a breach of any provision of this Act or any other Act relating to mining and is not forfeited, the authorised officer who seized the subject property shall, upon the final determination of those proceedings give the notice or advertisement referred to in subsection (4).

If within 20 business days from the date of service or advertisement of the notice, whichever shall last occur, the owner of the subject property or a person acting on the owner’s behalf or claiming a right to the possession of the subject property has not obtained possession of the subject property in accordance with the provisions of this section, the authorised officer who seized the subject property may—

by notice published in a newspaper circulating in the locality in which the subject property was seized and, if the officer considers it desirable, in a newspaper circulating in any other locality, advertise that the officer will offer the subject property for sale at the place and time stated in the advertisement;

at the time on the day stated in the advertisement (which day shall be not earlier than 10 business days after the date when the advertisement was first published) and at the place stated in the advertisement, offer the subject property for sale unless the owner thereof or a person acting on the owner’s behalf or claiming a right to possession thereof has sooner obtained possession of the subject property in accordance with the provisions of this section.

Subject property sold pursuant to subsection (7) shall be sold by public auction unless the Minister otherwise directs.

The proceeds of the sale or disposal of the subject property shall be applied as follows—

firstly, in payment of the expenses of the sale or disposal;

secondly, in payment of the cost of seizure of, removal of and holding the subject property and the service and advertisement of any notice served or advertised under this section;

thirdly, in payment of the cost of any improvement restoration that is, or is likely to be, carried out under subsection (2)(d);

fourthly, in payment of the cost of rehabilitation of land required as a result of the use of the subject property in contravention of this Act or any authority granted under this Act or any other Act relating to mining or under the Environmental Protection Act;

fifthly, in payment of the balance of the proceeds to the owner of the subject property or, if after reasonable inquiry, the owner can not be ascertained, to the public trustee as unclaimed moneys and the provisions of the Public Trustee Act 1978 with respect to unclaimed moneys shall apply thereto.

Subject property in the custody of the authorised officer who seized it shall not be delivered to the owner thereof, or to another person acting on the owner’s behalf or claiming a right to the possession thereof unless—

the owner or person acting on the owner’s behalf or claiming a right to possession of the subject property has applied in writing signed by the owner to the authorised officer for the release of the subject property;

the applicant has furnished proof to the satisfaction of the authorised officer of ownership or right to possession of the subject property and, in the case of the applicant being a person acting on behalf of the owner, has furnished proof to the satisfaction of the authorised officer, of the person’s authority to so act;

the applicant has paid all expenses incurred by the authorised officer and not waived pursuant to the provisions of this subsection in connection with the seizure of, removal of and holding the subject property and the service or advertisement of any notice served or advertised by the authorised officer in relation to the availability for collection or intended sale of the subject property;

the applicant has signed a receipt for the delivery of the subject property to the applicant.

If the authorised officer who seized the subject property considers that special circumstances exist, the officer may recommend to the chief executive that the chief executive waive payment of the whole or part of the expenses referred to in subsection (10)(c).

A person who takes delivery, or obtains possession of or removes or attempts to remove from or interferes in any way with subject property which is in the custody of an authorised officer who seized the property except in accordance with the provisions of this section commits an offence against this Act.

In this section—