2011 Hawaii Code
181. Strip Mining
§181-2 Powers of board.

HI Rev Stat § 181-2 (2011 through Reg Sess) What's This?

§181-2 Powers of board. (a) The board of land and natural resources shall grant upon application therefor being made under section 181-4 a permit to strip mine, and may modify, suspend, revoke, or cancel the permit for cause as set forth in subsection (b) of section 181-4. The board shall also have full power and authority to carry out and administer this chapter and may designate one or more agents to act in its stead.

(b) The board on its own motion whenever it has reason to believe cause therefor exists may, and upon the sworn complaint in writing of any person setting forth facts which, if proved, would constitute grounds for refusal, suspension, revocation, or cancellation of a permit, shall investigate the acts or omissions of any person holding or claiming to hold a permit under this chapter or any acts or omissions of any person constituting a violation of this chapter.

(c) The board may enter upon the lands of any operator at any time for the purpose of inspection to determine whether this chapter has been complied with. For such purpose the board shall have access to all parts of the land upon which the pit is located and may use any right-of-way or easement available to the operator over any adjoining land.

(d) This chapter shall apply to the public lands of the State to the extent that they are not inconsistent with the laws of Hawaii relating to public lands. Nothing contained in this chapter shall be construed to limit, restrict, or otherwise affect the powers of the board over the public lands of the State as provided by the laws of Hawaii relating to public lands.

(e) Notwithstanding any act relating to forest reserves and water reserves, this chapter shall apply to mineral lands in such reserves. No act hereafter approved shall be deemed to repeal any provision of this chapter unless so specifically provided. [L 1957, c 161, §3; am L 1959, c 20, §2; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §98C-3; HRS §181-2]

Cross References

Public lands, see chapter 171.

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