Offence to search for minerals or do work without authority
8 Offence to search for minerals or do work without authority
S. 8(1) substituted by No. 82/2000 s. 9.
A person, other than the Crown, must not prospect, fossick or otherwise search for minerals, or carry out any exploration or mining, on any land unless—
S. 8(1)(a) amended by No. 59/2010 s. 42(2).
the person does so in accordance with a licence, a miner's right or tourist fossicking authority; or
the person benefits from a relevant minerals exemption.
- In the case of a corporation, 1000 penalty units.
In any other case, 200 penalty units.
Default penalty:
In the case of a corporation, 20 penalty units.
In any other case, 10 penalty units.
The owner of minerals that are taken from land in contravention of subsection (1) may recover from the person taking them, as a debt due to the owner of the minerals and recoverable in a court of competent jurisdiction, the value of the minerals taken.
S. 8(3) inserted by No. 67/1995 s. 60(2), substituted by No. 67/1995 s. 60(3), amended by No. 6/2009 s. 10.
Subsection (1) applies to the extraction or removal of stone under a work authority relating to an extractive industry which would necessarily involve the mining of a mineral.
S. 8AA inserted by No. 6/2009 s. 11, substituted by No. 68/2014 s. 16.
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