New South Wales Consolidated Acts
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MINING ACT 1992 - SECT 31
Dwelling-houses, gardens and significant improvements
31 Dwelling-houses, gardens and significant improvements
(1) The holder of an exploration licence may not exercise any of the rights
conferred by the licence over the surface of 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
(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,
except with the
written consent of the owner of the dwelling-house, garden or improvement
(and, in the case of the dwelling-house, the written consent of its occupant).
(2) 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 (1) (a), and
(b) 50 metres (or, if a greater distance is
prescribed by the regulations, the greater distance) for the purposes of
subsection (1) (b).
(3) A written consent given under this section is
irrevocable.
(4) This section does not apply with respect to a
dwelling-house, garden or significant improvement owned by the holder of the
exploration licence or, if the holder is a corporation, by a related
corporation.
(5) If a dispute arises as to whether or not subsection (1)
applies in a particular case, any party to the dispute may apply to the Land
and Environment Court for a determination of the matter.
(6) The holder of
the exploration licence is to pay the costs of the owner of the
dwelling-house, garden or improvement (or occupant of the dwelling-house) in
those proceedings in the Land and Environment Court.
(7) This section does
not apply to the holder of an exploration licence who carries out a seismic
survey on a road within the meaning of the Road Transport Act 2013 , but only
if the holder has given written notice of at least 21 days (or such other
period as is prescribed by the regulations) of the carrying out of the seismic
survey to the owner of the dwelling-house, garden or significant improvement
concerned (and, in the case of a dwelling-house, the occupant).
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