Section 88

Where any land in respect of which a prospecting licence or exploration licence has been granted includes any reserved land or reserved forest area, the holder of the prospecting licence or exploration licence shall not carry out any exploration work, other than that conducted from aerial observation or by remote sensing methods, in respect of the reserved land or reserved forest area unless the exploration work is carried out in such manner and subject to such requirements as may be prescribed under the law declaring or constituting the reservation.

Subject to subsection (3), where the law under which the reservation is declared or constituted does not prescribe the manner in which any exploration work shall be carried out then the holder of the prospecting licence or exploration licence shall not carry out any exploration work, other than that conducted from aerial observation or by remote sensing methods, in respect of the reserved land or reserved forest area unless the holder thereof has obtained prior written permission of the officer for the time being having the control over such land before commencing exploration work.

Where a temporary occupation licence or a similar right to use the land has been granted over any reserved land or reserved forest area, as the case may be, the holder of the prospecting licence or exploration licence shall not carry out any exploration work, other than that conducted from aerial observation or by remote sensing methods, in respect of the land unless the holder thereof has obtained prior written permission of the holder of the temporary occupation licence or a similar right.

The holder of a fossicking licence, dulang licence, individual mining licence, prospecting licence or exploration licence shall respect the rights of claimants to native customary rights pertaining to the area covered by the licence.

Access to alienated land or occupied land for exploration.