46 Minister may authorise work near dwelling house S. 46 (Heading) inserted by No. 63/2006 s. 35(1). (1) The Minister may authorise a licensee to do work S. 46(1) amended by within the area prohibited by section 45(1)(a)(i) or No. 74/2000 within 100 metres below that area after s. 3(Sch. 1 item 83.2), consultation with— substituted by No. 82/2000 (a) the municipal council in whose municipal s. 46(1), amended by district an area is situated; and No. 63/2006 s. 35(2), (b) any community group or member of the substituted by community whom the Minister considers No. 59/2010 s. 40. should be consulted about the proposed work. (2) A licensee who does work in accordance with an authority under subsection (1) is not guilty of an offence under section 45(1). (3) A licensee who does work in accordance with an S. 46(3) amended by authority under subsection (1) must repair any Nos 82/2000 damage caused to the protected building or site by s. 46(2), 10/2014 s. 25. the work. (4) In this section has the same meaning as it S. 46(4) work inserted by has in section 45(7). No. 63/2006 s. 35(3). 47 New consent or authorisation for certain work plan S. 47 repealed by variations No. 82/2000 s. 47, new s. 47 inserted by No. 63/2006 s. 36. (1) A licensee must obtain a consent under section 45 S. 47(1) amended by (a to do mining work (the new consent) new No. 10/2014 that is proposed by a variation to an work) s. 26(1). approved work plan under section 41 if—
S. 46 (Heading) inserted by No. 63/2006 s. 35(1). 46 Minister may authorise work near dwelling house S. 46(1) amended by No. 74/2000 s. 3(Sch. 1 item 83.2), substituted by No. 82/2000 s. 46(1), amended by No. 63/2006 s. 35(2), substituted by No. 59/2010 s. 40. (1) The Minister may authorise a licensee to do work within the area prohibited by section 45(1)(a)(i) or within 100 metres below that area after consultation with— (a) the municipal council in whose municipal district an area is situated; and (b) any community group or member of the community whom the Minister considers should be consulted about the proposed work. (2) A licensee who does work in accordance with an authority under subsection (1) is not guilty of an offence under section 45(1). S. 46(3) amended by Nos 82/2000 s. 46(2), 10/2014 s. 25. (3) A licensee who does work in accordance with an authority under subsection (1) must repair any damage caused to the protected building or site by the work. S. 46(4) inserted by No. 63/2006 s. 35(3). (4) In this section work has the same meaning as it has in section 45(7). S. 47 repealed by No. 82/2000 s. 47, new s. 47 inserted by No. 63/2006 s. 36. 47 New consent or authorisation for certain work plan variations S. 47(1) amended by No. 10/2014 s. 26(1). (1) A licensee must obtain a consent under section 45 (a new consent) to do mining work (the new work) that is proposed by a variation to an approved work plan under section 41 if—