Section 19Part 2 — Prospecting
Rights and obligations under a prospecting right
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Subject to this Law and the prospecting right, the holder of a prospecting right may —
enter upon and prospect on any land or water for any minerals, except minerals for which prospecting is prohibited unless the Governor has issued authority therefor by endorsement on the prospecting right;
while engaged in bona fide prospecting on any uncultivated land (without charge, in the case of Crown land, and on payment or tender of a reasonable sum to the owner or occupier in the case of land other than Crown land) —
erect at such place as the owner or occupier may select a temporary camp and such temporary structures as may be necessary and enter into temporary occupation thereof;
take fuel, other than standing timber, for his domestic use at such place; and
graze such animals as may be necessary for the carrying on of prospecting;
take for his domestic use so much public water as may be necessary;
dig holes and trenches:
all such excavations shall be fenced or secured, and on the prospector leaving the neighbourhood, filled in such a manner as to prevent persons or stock inadvertently entering therein, and if any holder of a prospecting right contravenes this paragraph the Governor may cause such excavations to be filled in or may take other protective measures, and shall charge such holder such sum as was reasonably expended in so doing, and such charge shall be a lawful deduction from the deposit made by such holder; and such action by the Governor and the payment of such charge by the holder shall not exempt such holder from liability under this or any other law for such contravention;
use so much public water as will enable him to test the mineral bearing qualities of the land by washing, sluicing or other means:
that where, in the opinion of the Governor, such use of water interferes with or is likely to interfere with any existing user of water, the holder shall, on demand, cease such use until he has made such arrangements as will satisfy the Governor; and
mark out and apply for an exclusive prospecting licence or a mining lease.
The holder of a prospecting right shall keep full and accurate records of his prospecting operations and shall render to the Governor such returns as may be prescribed, and on failure so to do the Governor may, without prejudice to any other penalty for which the holder may be liable, refuse to accept any application by such holder for an exclusive prospecting licence or mining lease.