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PART 7
Enforcement and Miscellaneous
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Chapter 1
Enforcement
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Unlawful prospecting for or working of minerals
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190. (1) No person other than the Minister or his or her servants or agents shall prospect for or attempt to prospect for minerals in or on land unless they are authorised to do so by a licence granted under this Act.
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(2) No person shall work or attempt to work minerals in or on land, or sell minerals so worked or obtained from such working, unless they are authorised to do so by a licence granted or continued under this Act.
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(3) Subsection (2) does not apply in respect of excepted minerals.
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(4) Every person who contravenes subsection (1) or (2) commits an offence and is liable—
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(a) on summary conviction to a class A fine, or
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(b) on conviction on indictment to a fine not exceeding €250,000.
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(5) In a prosecution for an offence under this section, a certificate purporting to be signed by an officer of the Minister certifying that the person charged was not on a specified day the holder of a licence granted under this Act that authorised the alleged conduct in the area in which the alleged conduct occurred, shall, without proof of the signature of the person purporting to sign such certificate or that he or she was an officer of the Minister, be sufficient evidence of the matters set out in the certificate until the contrary is shown.
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