Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 397B

397B Obstruction of person carrying out authorised activity

(1) A person must not, without reasonable excuse, obstruct a mining tenement holder from—

(a) entering or crossing land to carry out an authorised activity for the mining tenement if the Common Provisions Act , chapter 3 , to the extent the chapter is relevant, have been complied with in relation to the entry; or

(b) carrying out an authorised activity for the mining tenement on the land.

Penalty—

Maximum penalty—500 penalty units.

(2) A person must not, without reasonable excuse, obstruct a person carrying out an activity under section 386V .

Penalty—

Maximum penalty—500 penalty units.

(3) If a person has obstructed another person (the
"authority holder" ) from carrying out an activity mentioned in subsection (1) or (2) and the authority holder decides to proceed with the carrying out of the activity, the authority holder must warn the person that—

(a) it is an offence to obstruct the authority holder unless the person has a reasonable excuse; and

(b) the authority holder considers the person’s conduct is an obstruction.

(4) In this section—

"obstruct" includes assault, hinder, resist and attempt or threaten to assault, hinder or resist.