Staying on occupied land
47 Staying on occupied land
A person entitled to enter occupied land under a district prospecting permit must not enter land at night without the written consent of the land’s owner.
Maximum penalty—10 penalty units.
A person entitled to enter occupied land under a parcel prospecting permit must not enter the land at night without the written consent of the land’s owner or the chief executive.
Maximum penalty—10 penalty units.
In the absence of evidence to the contrary, the consent of an owner who is a joint tenant or tenant in common is taken to be the consent of all the owners.
If the owner of land can not be easily contacted, a consent may be given for the land by the land’s occupier.
Examples of the owner not being easily contacted—
1 The owner does not live in Australia and there is no known current address for the owner.
2 The owner is travelling within Australia and there is no known current address for the owner.
Consent under this section may be given on conditions.
The chief executive’s consent and any consent conditions must be recorded in the register.
A person who enters occupied land at night with a consent under this section must comply with conditions imposed by the owner or occupier of the land or the chief executive.
Maximum penalty—10 penalty units.
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