Western Australian Current Acts Western Australian Current Acts (1) Where there is
reason to suspect that a person is mining on land without authority under this
Act a member of the Police Force or a person authorised in that behalf by the
Director General of Mines may —
(a)
require the person to produce any document or other evidence relating to the
entitlement of that person to mine on that land; and
(b)
require the person to give an explanation concerning the mining on that land.
(2) A person who
—
(a) upon
request made under subsection (1) refuses or fails to comply with the request;
or
(b)
obstructs or hinders the person making the request; or
(c)
knowingly misleads or deceives the person making the request,
commits an offence.
Penalty: $10 000.
(3) Where a person who
is authorised to make a request under subsection (1) is not satisfied with any
evidence or explanation given to him in pursuance of a request made under that
subsection he may orally or by notice in writing direct the person to whom the
request is made to cease mining on the land referred to in the direction.
(4) A person who
refuses or neglects to comply with a request under subsection (3) commits an
offence.
Penalty: $10 000.
(5) Where the person
to whom a request is made under subsection (3) refuses or neglects to comply
with the direction given under that subsection, the person giving the
direction may use such force as is necessary to remove the person from the
land and stop and remove any machinery being used for the purpose of mining on
the land using such assistance as is necessary for that purpose.
(6) A person who
commits an offence under subsection (2) or (4) may be arrested without a
warrant.
[Section 158 inserted: No. 105 of 1986 s. 24;
amended: No. 22 of 1990 s. 38.]