Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 342

342 Powers of authorised officers

(1) At all times, a person who is an authorised officer may—

(a) have full and free access to and enter any land and whilst thereon may—

(i) drill, dig, take cores, samples of soil, air, water or rock, make such inspections and carry out such investigations and do such other acts ordinarily connected with prospecting, exploring or mining as the person thinks fit;

(ii) if the person is satisfied that a post, cairn or other thing, not being a survey mark or other thing required by any other Act not to be removed, purporting to mark or apparently marking out boundaries of land for the purposes of this Act do not relate to any existing mining claim, mining lease or application for the grant of a mining claim or mining lease duly made under this Act—remove or cause to be removed that post, cairn or other thing;

(iii) make such investigation and inquiry as is necessary to ascertain whether the provisions of this Act including the conditions applying to any mining tenement or other authority granted under this Act are being complied with;

(b) stop, detain and search any vehicle or vessel used or that the person believes on reasonable grounds is being or is likely to be used for prospecting, exploring or mining;

(c) subject to subsection (11) —question a person found by the person in any place to ascertain whether this Act is being complied with and require a person so found to answer the questions put;

(d) require a person found by him or her committing an offence against this Act or who he or she believes on reasonable grounds has committed an offence against this Act or whose name and address are in the person’s opinion reasonably required to state his or her full name and the address of the person’s usual place of residence and, if the person suspects on reasonable grounds that a name or address so stated is false, may require evidence of the correctness thereof;

(e) require a person to produce any books, accounts, records or documents and inspect, make copies of, or take extracts from, the books, accounts, records or documents;

(f) in a case where the person is obstructed or has reasonable grounds to believe that he or she will be obstructed in the exercise of powers or authorities or the discharge of functions or duties—ask another person to help, whereupon it shall be the duty of a person so called to assist the person as required and in accordance with this Act and a person so assisting shall have the same powers and authorities as are conferred under this Act upon the person he or she is assisting;

(g) call to his or her aid a person who the person thinks is competent to assist in the exercise of powers and authorities or the discharge of functions and duties and a person so assisting shall have the same powers and authorities as are conferred under this Act upon the person he or she is assisting;

(h) use such force as is reasonably necessary in the exercise of the powers and authorities or the discharge of the functions and duties conferred or imposed upon the person by this Act;

(i) by order in writing—require a person who has failed to comply with this Act to take within such time as is specified such steps as are specified and to remedy those matters in respect of which noncompliance has occurred;

(j) exercise such other powers and authorities and discharge such other functions and duties as are prescribed.

(2) An order pursuant to subsection (1) (i) shall not prejudice or affect in any way any proceeding or action that has been or may be taken for the failure to comply that resulted in the order, save that the person to whom the order is given is not liable for a continuance of the failure to comply during the time specified therein.

(3) Before a person enters a part of any place which part is used exclusively as a dwelling house the person shall, save where the person has the permission of the occupier of that part to the entry, obtain from a justice a warrant to enter.

(4) A justice who is satisfied upon the complaint of an authorised officer that there is reasonable cause to suspect—

(a) that in any place an offence against this Act has been, is being or is likely to be committed;

(b) that there is in any place anything in respect of which an offence against this Act has been, is being or is likely to be committed;

may issue a justice’s warrant directed to the complainant to enter the place named in the warrant for the purpose of exercising therein the powers conferred on an authorised officer under this Act.

(5) A complaint made under subsection (4) shall be made on oath or affirmation and shall set out the grounds on which the suspicion of the person making the same is based.

(6) A justice who is the chief executive or other officer of the department of the Government for the time being administering this Act is not competent to issue a warrant to which subsections (3) , (4) and (8) apply.

(7) A justice who issues a warrant pursuant to subsection (4) shall forward a copy of the warrant to the chief executive.

(8) A warrant shall be, for the period of 1 month from the date of its issue, sufficient authority for the person named therein and all persons acting in aid of the person—

(a) to enter the place specified in the warrant; and

(b) to exercise therein the powers conferred upon the person named therein by or under this Act.

(9) For this section premises that are used as a dwelling house do not include the curtilage of those premises.

(10) For the purpose of gaining entry to a place an authorised officer may call to the officer’s aid such persons as the officer considers necessary and those persons, while acting in aid in the lawful exercise by the officer of the officer’s power of entry, shall have a like power of entry.

(11) Except as provided in section 333E , a person is not obliged under this Act to answer any question or give any information or evidence tending to incriminate the person.