[§6D-6]  Commercial entry.  (a)  Any
person allowing or establishing commercial entry to a cave shall obtain from
the board a permit to open the cave for public entry.  The department shall
charge a reasonable permit processing fee and adopt rules pursuant to chapter
91 necessary to carry out the purposes of this section.



(b)  Any person that receives compensation in
conjunction with a use or activity and seeks to be excluded from the permit
requirement under subsection (a) shall have the burden of establishing to the
satisfaction of the department that its use or activity does not constitute a
commercial entry under this chapter.



(c)  Commercial entry to caves shall be limited
to operations in place at the time of the passage of this Act; provided the operations
are in compliance with all applicable state and county statutes, ordinances,
and rules.  No new operations may be established until the adoption of rules by
the department to implement this section.



(d)  Any person allowing commercial entry at the
time of the passage of this Act shall file a declaration of the person's use
with the department within sixty days of the enactment of this Act.  Existing
operations, as recognized by the department through the declaration, within one
year of the adoption of rules by the department, shall conform to the rules and
all applicable state and county statutes, ordinances, and rules. [L 2002, c
241, pt of §2]



 



Note



 



  The effective date of Act 241 is June 28, 2002.