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Trenching, excavations and bulk sampling
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34. (1) Every prospecting licence and retention licence is subject to the condition that the licensee may not carry on the following activities unless the prior written consent of the Minister has been obtained:
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(a) trenching or excavating, including excavating pits, adits and shafts;
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(b) reopening or re-entering existing excavations, including adits and shafts;
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(c) bulk sampling of minerals.
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(2) When deciding whether or not to give consent the Minister shall have regard to whether or not the licensee has a programme to carry out the proposed work and for the rehabilitation of the land that the Minister is satisfied is adequate and feasible.
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(3) The Minister may impose conditions on the consent relating to the efficient carrying out of the activity and the proper rehabilitation of the land and these conditions are conditions of the prospecting licence or retention licence as the case may be.
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(4) Any person who fails to comply with the obligations imposed by subsection (1) commits an offence and is liable on summary conviction to a class A fine.
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