Powers of mining warden
99 Powers of mining warden
In investigating a dispute or other matter referred to him or her, a mining warden has power to do all or any of the following—
conduct a hearing;
enter and inspect any relevant land;
make an order for the inspection, detention, custody or preservation of any relevant minerals, whether or not in the possession, custody or power of a party to the dispute or other matter;
make an order restraining a person from removing from Victoria or otherwise dealing with any minerals specified in the order, whether or not that person is domiciled, resident or present within Victoria;
S. 99(1)(e) amended by No. 46/1998 s. 7(Sch. 1).
require an employee of the Department to produce any record or other document kept by, or in the custody, possession or control of, the Department and give any other information or assistance that the mining warden requests and the employee is able to give.
S. 99(2) amended by Nos 69/2009 s. 54(Sch. Pt 2 item 36), 67/2014 s. 147(Sch. 2 item 26).
For the purpose of an investigation a mining warden has the powers conferred on a board appointed by the Governor in Council by sections 14, 15, 16 and 21A of the Evidence (Miscellaneous Provisions) Act 1958, as in force immediately before their repeal.
An order made by a mining warden under subsection (1)(c) or (d) may be enforced as if it were an order made by the Magistrates' Court in a civil proceeding.
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