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MINING ACT 1992 - SECT 254
Permit to enter land
254 Permit to enter land
(1) Subject to the regulations, the Secretary may grant a permit to any person
to enter any land so as to enable the person to inspect or mark out a proposed
mineral claim, to inspect an opal prospecting block or to comply with the
conditions of a mineral claim or opal prospecting licence.
(2) Subject to the
regulations, the holder of a permit under this section, and any employee or
agent of the holder, may, in accordance with the permit-- (a) enter the land
to which the permit relates, and
(b) do all such things as are reasonably
necessary for the purpose of inspecting or marking out a proposed mineral
claim, inspecting an opal prospecting block or complying with the conditions
of any mineral claim or opal prospecting licence.
(3) A permit under this
section may not be granted over any land-- (a) on which, or within the
prescribed distance of which, is situated a dwelling-house that is the
principal place of residence of the person occupying it or a woolshed or
shearing shed that is in use as such, or
(b) on which, or within the
prescribed distance of which, is situated any garden, or
(c) on which is
situated any significant improvement other than an improvement constructed or
used for ancillary mining activities only.
(4) The
"prescribed distance" is-- (a) 200 metres (or, if a greater distance is
prescribed by the regulations, the greater distance) for the purposes of
subsection (3) (a), and
(b) 50 metres (or, if a greater distance is
prescribed by the regulations, the greater distance) for the purposes of
subsection (3) (b).
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