Limitation of mining etc. on State Wildlife or Nature Reserves
19 Limitation of mining etc. on State Wildlife or Nature Reserves
S. 19(1) amended by Nos 9505 s. 5(7), 41/1987 s. 103(Sch. 4 item 76.18), 92/1990 s. 128(Sch. 1 item 33), 63/2006 s. 61(Sch. item 34).
Notwithstanding anything to the contrary in the Mineral Resources (Sustainable Development) Act 1990 or in any other Act or law no person has any rights of entry, prospecting, exploration, or mining in respect of lands being part of a State Wildlife Reserve or a Nature Reserve without the written permission of the Minister after consultation with the Minister for the time being administering the Mineral Resources (Sustainable Development) Act 1990 and subject always to any conditions, limitations, or restrictions the Minister thinks fit to impose.
S. 19(2) amended by No. 41/1987 s. 103(Sch. 4 item 76.19).
Any dispute arising with respect to the operation of this section between the Department within the meaning of the Conservation, Forests and Lands Act 1987 and any other Government Department or authority, board, or like body incorporated by Act of Parliament for a public purpose shall be determined by the Governor in Council whose decision thereon shall be final.
S. 19(3) amended by Nos 9505 ss 5(7), 6(1)(a), 41/1987 s. 103(Sch. 4 items 76.20, 76.21), 57/1989 s. 3(Sch. item 219.1), 87/1997 s. 42(Sch. item 12), 19/2018 s. 232.
Where buildings huts fences dams weirs installations or standing crops are found within a State Wildlife Reserve or a Nature Reserve and—
the owner or occupier thereof does not on demand produce any lease licence permit or authority therefor; or
S. 19(3)(b) amended by No. 41/1987 s. 103(Sch. 4 item 76.20).
after reasonable inquiries made by an authorised officer the owner or occupier thereof cannot be found—
then on the hearing of the complaint of an authorised officer either generally or specially authorized in writing by the land manager to make such a complaint the Magistrates' Court may fix a time within which such buildings huts fences dams weirs installations or crops shall be removed.
S. 19(4) amended by No. 9505 s. 6(1)(b).
If such removal is not effected within the time so fixed all such buildings huts fences dams weirs installations or crops shall thereupon become the property of the Crown and shall be disposed of as the Minister directs.
S. 19(5) amended by No. 9505 s. 6(1)(c).
In any case where after such inquiries the owner or occupier has not been found it shall be sufficient service of the notice of removal if a copy thereof is posted on some conspicuous part of the land on which the buildings huts fences dams weirs installations or crops are found.
S. 19(6) repealed by No. 9505 s. 6(1)(d).
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S. 19A inserted by No. 9505 s. 6(2), amended by Nos 9861 s. 3(1), 41/1987 s. 103(Sch. 4 items 76.22–76.25), 12/1989 s. 4(1)(Sch. 2 item 134.1), repealed by No. 89/1994 s. 40.
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