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MINERAL RESOURCES ACT 1989 - SECT 403
Offences regarding land subject to mining claim or mining lease
403 Offences regarding land subject to mining claim or mining lease
(1) A person shall not— (a) enter or be upon land; or
(b) use or occupy
land; or
(c) erect any building or structure on or make any other improvement
to land;
that is the subject of a mining claim or the surface area of a mining
lease unless— (d) the person is authorised by or under this Act, any other
Act relating to mining, the GHG storage Act or the Geothermal Act in that
regard; or
(e) the person is the owner of the land or is authorised in that
behalf by the owner and, in either case, the person has the consent of the
holder of the mining claim or, as the case may be, mining lease.
Note—
This provision is an executive liability provision—see section 412A .
(2)
Subsection (1) (a) shall not operate to prevent a police officer or an
inspector or other person appointed or authorised under any Act or law to
enter land for the purpose of carrying out duties from so entering and
carrying out those duties.
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