§181-2  Powers of board.  (a)  The boardof land and natural resources shall grant upon application therefor being madeunder section 181-4 a permit to strip mine, and may modify, suspend, revoke, orcancel 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 administerthis chapter and may designate one or more agents to act in its stead.

(b)  The board on its own motion whenever ithas reason to believe cause therefor exists may, and upon the sworn complaintin writing of any person setting forth facts which, if proved, would constitutegrounds for refusal, suspension, revocation, or cancellation of a permit, shallinvestigate the acts or omissions of any person holding or claiming to hold apermit under this chapter or any acts or omissions of any person constituting aviolation of this chapter.

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

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

(e)  Notwithstanding any act relating to forestreserves and water reserves, this chapter shall apply to mineral lands in suchreserves.  No act hereafter approved shall be deemed to repeal any provision ofthis chapter unless so specifically provided. [L 1957, c 161, §3; am L 1959, c20, §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.