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ABORIGINAL HERITAGE REGULATIONS 2007 (SR NO 41 OF 2007) - REG 49

Extraction or removal of sand or sandstone

r. 49

    (1)     The extraction or removal of sand or sandstone (other than extraction or removal that requires an earth resource authorisation) is a high impact activity if the extraction or removal would result in significant ground disturbance.

    (2)     Subregulation (1) does not apply to the extraction or removal of sand or sandstone—

        (a)     from land that is a farm if the sand or sandstone is intended in good faith only to be used on that farm for the purposes of a dam or other farmworks and not for sale or any other commercial use; or

        (b)     undertaken by or on behalf of a Minister responsible for the administration of the Conservation, Forests and Lands Act 1987 where the primary purpose of the extraction is for the footings or foundations of a building or structure, the construction of a carpark, road, track or other works or for any borrow pit adjacent to such an excavation; or

        (c)     if the extraction or removal, including dredging, constitutes works for marine navigational purposes or the establishment or renourishment of a beach; or

        (d)     if the extraction or removal constitutes works for the purpose of establishing a port facility, railway or tunnel; or

        (e)     if the primary purpose of the excavation or removal is for the construction of the footings or foundations of a building or structure.



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