Mining Act 1978

When and as often as the Director, Geological Survey or any other officer of the Department or any person working in conjunction with that Department and acting under the Director’s instructions considers it necessary to enter upon any land for the purpose of making any aerial, geological, geophysical or geochemical surveys of the land and drilling thereon in the course of his official duties he may —

enter and re‑enter on the land, with such assistants as he considers necessary for the purpose of making the survey thereon; and

extract and remove from the land any geological specimens or samples that in his opinion are necessary to the survey; and

affix to or set up on the land such pegs, marks, poles or other equipment as may be required for the purposes of the survey; and

do all such things as he considers necessary for the purposes of the survey or for any inspection or alteration of it.

Before a person enters on any land pursuant to this section, he shall if practicable, give reasonable notice to the owner and occupier of the land of his intention to do so, and shall, if required by the owner or occupier of the land, produce the authority under which he claims to enter or to have entered the land.

In relation to the exercise of a power under this section —

the owner and occupier of the land are entitled to compensation according to their respective interests, for any damage caused by a survey under this section; and

in default of agreement as to the amount of compensation to be paid, the amount shall be assessed and settled by the warden’s court under Part VII.

A person who —

wilfully obstructs, hinders, or interferes with any person lawfully engaged in connection with a survey that is being made under this section; or

without lawful authority removes, destroys or alters the position of, any peg, mark, pole or other equipment used for the purposes of any such survey; or

wilfully damages or destroys or otherwise interferes with any peg, mark, pole or other equipment so used,