[§6D-6]  Commercial entry.  (a)  Anyperson allowing or establishing commercial entry to a cave shall obtain fromthe board a permit to open the cave for public entry.  The department shallcharge a reasonable permit processing fee and adopt rules pursuant to chapter91 necessary to carry out the purposes of this section.

(b)  Any person that receives compensation inconjunction with a use or activity and seeks to be excluded from the permitrequirement under subsection (a) shall have the burden of establishing to thesatisfaction of the department that its use or activity does not constitute acommercial entry under this chapter.

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

(d)  Any person allowing commercial entry at thetime of the passage of this Act shall file a declaration of the person's usewith the department within sixty days of the enactment of this Act.  Existingoperations, as recognized by the department through the declaration, within oneyear of the adoption of rules by the department, shall conform to the rules andall applicable state and county statutes, ordinances, and rules. [L 2002, c241, pt of §2]

 

Note

 

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