(1) Any person may in
manner prescribed apply to the Minister to have any private land alienated
before 1 January 1899 brought within the operation of this Division for the
purpose of mining for minerals other than gold, silver and precious metals.
(2) In respect of an
application under subsection (1), the Minister may authorise and instruct a
geologist or any other professional officer in the Department to enter,
inspect and report upon the private land to which the application, relates and
thereupon the geologist or the professional officer with assistants may enter
and prospect the private land and do all things necessary to ascertain whether
there is a reasonable likelihood of that land containing any mineral in
payable quantities.
(3) If the geologist
or the professional officer reports to the Minister that in the
geologist’s or professional officer’s opinion there is a
reasonable likelihood of the private land containing any mineral in payable
quantities, the Minister may, with the approval of the Governor, by notice
published in the Government Gazette , declare that at the expiration of a
period specified in the notice, being a period of not less than 6 months from
the date the notice is so published, the private land shall come within the
operation of this Division.
(4) A copy of the
notice published in the Government Gazette shall be served upon the owner of
the private land to which the notice relates, as soon as practicable after it
is so published.
[Section 37 amended: No. 19 of 2010 s. 51.]