Minerals Development Act 2017



Chapter 1

Minister’s Rights and Duty in Relation to Prospecting

Minister’s rights and duty

8. (1) Subject to subsections (2) and (3) and section 195 , the Minister may, through his or her officers or agents, prospect for minerals in or on any area of land and for that purpose such officers or agents may enter the land, together with such personnel, equipment and vehicles that the Minister considers necessary to carry out the prospecting.

(2) The Minister may exercise the rights under subsection (1) if—

(a) the Minister is of the opinion that there may be minerals in or on the land concerned,

(b) the minerals are neither excepted minerals nor being prospected for in or on the land concerned under this Act,

(c) none of the land is land specified in a mining licence which is in force in respect of the minerals,

(d) the Minister is of the opinion that prospecting for the minerals is in the public interest, and

(e) the Minister has complied with section 9 .

(3) The Minister’s rights to enter and prospect for specific minerals in or on any area of land are subject to the duty to pay compensation under section 51 for any damage or nuisance referred to in that section.