Crown Minerals Act 1991

Offences and legal proceedings

100 Offences

(1)

Every person commits an offence against this Act who contravenes, or permits a contravention of, section 8 (which imposes duties and restrictions in relation to minerals).

(2)

Every person commits an offence against this Act who contravenes, or permits a contravention of, any of the following:

(a)

section 33, which relates to compliance with permit holder responsibilities:

(b)

section 49(5), which relates to entering land and carrying out an activity other than minimum impact activity:

(c)

section 77, which relates to contravening the conditions of a right of access:

(d)

section 94, which relates to persons administering this Act holding a pecuniary interest in a mining permit.

(2A)

Every person commits an offence against this Act who contravenes, or permits a contravention of,—

(a)

section 41AB(2) (which relates to obtaining prior consent for a change of control of a permit operator of a Tier 1 permit) if, before the power referred to in section 41AA(1) is obtained, the person knows, or ought reasonably to know, that the person will obtain the power; or

(b)

section 41AB(4) (which relates to notifying the Minister of a change of control of a permit operator of a Tier 1 permit); or

(c)

section 41A(2) (which relates to notifying the Minister of a change of control of certain permit participants).

(3)

Every person commits an offence against this Act who wilfully obstructs, hinders, resists, or deceives any person in the execution of any powers conferred on that person by or under this Act.

(3A)

Every person commits an offence against this Act who knowingly provides altered, false, incomplete, or misleading information (including royalty returns) to the chief executive or any other person in respect of a matter or thing under this Act or the regulations.

(4)

Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence against subsection (1) ends on the date that is 12 months after the date on which the contravention giving rise to the charge first became known, or should have become known, to the Secretary.

Section 100(2)(a): amended, on 24 May 2013, by section 53(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 100(2A): inserted, on 19 February 2019, by section 18 of the Crown Minerals Amendment Act 2019 (2019 No 2).

Section 100(3A): inserted, on 24 May 2013, by section 53(2) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 100(4): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).