Offences with respect to unauthorised mining etc.
402 Offences with respect to unauthorised mining etc.
A person shall not—
enter or be upon land to carry on prospecting, exploration or mining unless the person is the holder of the relevant authority granted pursuant to this Act or is otherwise duly authorised under this Act or any other Act relating to mining;
employ or suffer any other person to enter or be upon land to carry on prospecting, exploration or mining unless that other person is the holder of the relevant authority granted pursuant to this Act or is otherwise duly authorised under this Act or any other Act relating to mining;
stay upon or erect any structure, including a residence, on land for purposes associated with prospecting, exploring or mining unless the person is duly authorised under this Act or any other Act relating to mining;
carry on mining operations upon or remove mineral or ore from land unless the person is duly authorised under this Act or any other Act relating to mining;
in a mining district or part of a mining district the subject of a regulation, use machinery or equipment for the purpose of prospecting, exploring or mining which under a regulation has been declared shall not be used for that purpose.
Note—
This provision is an executive liability provision—see section 412A.
A person found on land contravening any provision of subsection (1) may, whether or not the person is prosecuted for an offence, be ejected from that land using such force as is necessary for that purpose, by an authorised officer or anyone else helping the authorised officer.
This provision refers to the regulations (a regulation
). Made under this Act:
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