Mining on foreshore, sea bed, navigable waters or townsite
25 Mining on foreshore, sea bed, navigable waters or townsite
The classes of land to which this section applies are —
any part of the foreshore, being the area between the mean high water springs level of the sea and the mean low water springs level of the sea; and
any part of the sea bed between the mean low water springs level of the sea and the inner limits of the coastal waters of the State as defined in section 16(1) and (2) of the Offshore Minerals Act 2003; and
any land under navigable waters in the State; and
any land that is a townsite within the meaning of the Land Administration Act 1997,
but this section does not apply to land that is part of a marine nature reserve, marine park or marine management area.
Mining on any land referred to in subsection (1)(a), (b) or (c) may be carried out with the written consent of the Minister who may refuse his consent or who may give his consent subject to such terms and conditions as the Minister specifies in the consent.
Before giving his consent under subsection (2A) whether conditionally or unconditionally the Minister shall first consult the Minister to whom the administration of the Fish Resources Management Act 1994 is for the time being committed by the Governor, the Minister to whom the administration of the Marine and Harbours Act 1981 is for the time being committed by the Governor, the LAA Minister and the Minister to whom the administration of the Environmental Protection Act 1986 is for the time being committed by the Governor with respect thereto and obtain their recommendations thereon.
Mining on any land referred to in subsection (1)(d) may be carried out with the written consent of the Minister who may refuse his consent or who may give his consent subject to such terms and conditions as the Minister specifies in the consent.
Before giving his consent under subsection (3A) whether conditionally or unconditionally the Minister shall first consult the LAA Minister and the local government, in respect thereto and obtain their recommendations thereon.
[Section 25 amended: No. 77 of 1986 s. 9; No. 22 of 1990 s. 7; No. 37 of 1993 s. 4; No. 14 of 1996 s. 4; No. 5 of 1997 s. 42; No. 31 of 1997 s. 71(12) and 141; No. 24 of 2000 s. 26(1); No. 12 of 2003 s. 8; No. 8 of 2010 s. 18; No. 19 of 2010 s. 51.]
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