reglab/housing_qa huggingface dataset:
GA Code § 12-4-50 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 2 - Mining and Drilling|Part 2 - Deep Drilling for Oil, Gas, and Other Minerals|§ 12-4-50. Obedience to Subpoena Required; Self-Incrimination Not a Defense; Use of Evidence in Criminal Prosecutions

 In any contested administrative hearing under this part, no person shall be excused from attending and testifying, or from producing books, papers, and records before the administrative law judge, or from obedience to the subpoena of the administrative law judge, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required by him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture, provided that nothing contained in this Code section shall be construed as requiring any person to produce any books, papers, or records, or to testify in response to any inquiry, not pertinent to a question lawfully before the administrative law judge for determination. No evidence given by or required of any natural person shall be used or admitted against such a person in any criminal prosecution for any transaction, matter, or thing concerning which he or she may be required to testify or produce evidence, documentary or otherwise, before the administrative law judge in obedience to the subpoena; provided, however, that no person testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.   (Ga. L. 1945, p. 366, § 13; Ga. L. 1975, p. 966, § 12; Ga. L. 1976, p. 544, § 9; Ga. L. 1984, p. 398, § 8; Ga. L. 2018, p. 953, § 1/HB 205; Ga. L. 2019, p. 1056, § 12/SB 52.)    The 2019 amendment,  effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, substituted "obedience to the subpoena" for "obedience to its subpoena" in the last sentence.   RESEARCH REFERENCES   Am. Jur. 2d.   - 38 Am. Jur. 2d, Gas and Oil, §§ 135, 135 et seq.   C.J.S.   - 58 C.J.S., Mines and Minerals, §§ 417 et seq., 424 et seq.
GA Code § 12-4-51 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 2 - Mining and Drilling|Part 2 - Deep Drilling for Oil, Gas, and Other Minerals|§ 12-4-51. Effect of Part on Other Laws

 Any provision of Part 2 of Article 3 of Chapter 5 of this title which is inconsistent with this part shall not be repealed by this part and shall govern over this part.   (Ga. L. 1975, p. 966, § 5; Ga. L. 1984, p. 398, § 9; Ga. L. 1989, p. 14, § 12; Ga. L. 2018, p. 953, § 1/HB 205.)
GA Code § 12-4-52 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 2 - Mining and Drilling|Part 2 - Deep Drilling for Oil, Gas, and Other Minerals|§ 12-4-52. Effect of Part on Authority and Functions of Other State Officers and Agencies

 This part shall not be construed as limiting the authority or functions of any officer or agency of this state under any other law or regulation not inconsistent with this part.   (Ga. L. 1975, p. 966, § 14; Ga. L. 2018, p. 953, § 1/HB 205.)
GA Code § 12-4-52.1 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 2 - Mining and Drilling|Part 2 - Deep Drilling for Oil, Gas, and Other Minerals|§ 12-4-52.1. Local Authority

 This part shall not be construed as limiting the authority of local governments to adopt local zoning or land use ordinances limiting the location or timing of activities defined herein for the purposes of protecting natural resources or human health and welfare.    (Code 1981, §12-4-52.1, enacted by Ga. L. 2018, p. 953, § 1/HB 205.)
GA Code § 12-4-53 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 2 - Mining and Drilling|Part 2 - Deep Drilling for Oil, Gas, and Other Minerals|§ 12-4-53. Prohibited Acts

 The following activities are prohibited:    The waste of oil or gas as defined in this part;   The sale, purchase, or acquisition or the transportation, refining, processing, or handling of illegal minerals or illegal products;   The sale, purchase, or acquisition or the transportation, refining, processing, or handling in any other way of any mineral, including oil and gas, or any mineral product without complying with this part or any rule or regulation of the board promulgated pursuant to this part;   Intentionally or negligently permitting any gas or oil well to get out of control;   The drilling of any well covered by the provisions of this part by any person without a permit for such drilling; and   Any other violation of any provision of this part or any rule or regulation promulgated under this part.    (Ga. L. 1945, p. 366, §§ 9, 20, 25; Ga. L. 1975, p. 966, § 8; Ga. L. 2001, p. 4, § 12; Ga. L. 2018, p. 953, § 1/HB 205.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 38 Am. Jur. 2d, Gas and Oil, §§ 131, 139 et seq.   C.J.S.   - 58 C.J.S., Mines and Minerals, §§ 417 et seq., 424 et seq., 451 et seq.   ALR.    - Construction, application, and effect of statutes regulating production of oil or gas in a manner or under conditions constituting waste, 86 A.L.R. 431.    Operator's or lessee's responsibility for production of oil or gas in excess of allowance as affected by his ignorance of excess production, or his failure to profit thereby, 150 A.L.R. 1149.   Rights and remedies of owner or lessee of oil or gas land or mineral or royalty interest therein, in respect of waste of oil or gas through operations on other lands, 4 A.L.R.2d 198.   Construction of oil and gas lease as to the lessee's right and duty of geophysical or seismograph exploration or survey, 28 A.L.R.3d 1426.   Implied duty of oil and gas lessee to protect against drainage, 18 A.L.R.4th 14.   Remedy for breach of implied duty of oil and gas lessee to protect against drainage, 18 A.L.R.4th 147.
GA Code § 12-4-54 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 2 - Mining and Drilling|Part 2 - Deep Drilling for Oil, Gas, and Other Minerals|§ 12-4-54. Levying of Severance Tax

  As used in this Code section, the term "extractor" means any person removing oil or gas from the ground pursuant to this part.     A severance tax shall be levied on oil or gas removed from the ground in this state by an extractor as follows:   Three cents per barrel of oil; and   One cent per thousand cubic feet of gas.     The Department of Revenue shall promulgate rules and regulations as necessary to implement and administer the provisions of this subsection and shall promulgate and make available forms for the use of extractors to assist in compliance with this subsection.       In addition to the tax provided for in subsection (b) of this Code section, the governing authority of each county and each municipal corporation is authorized to provide by local ordinance or resolution for the levy, assessment, and collection of a severance tax on oil or gas removed from the ground by an extractor within the jurisdiction of such county or municipality as follows:   An amount not to exceed nine cents per barrel of oil; and   An amount not to exceed two cents per thousand cubic feet of gas.     The severance tax provided for in paragraph (1) of this subsection shall be collected by the Department of Revenue in the same manner and under the same procedures as provided for pursuant to subsection (b) of this Code section on behalf of each county and municipality electing to exercise the powers conferred herein and shall be remitted to each such county and municipality accordingly.       (Code 1981, §12-4-54, enacted by Ga. L. 2018, p. 953, § 1/HB 205.)
GA Code § 12-4-70 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 2 - Mining and Drilling|Part 3 - Surface Mining|§ 12-4-70. Short Title

 This part shall be known and may be cited as the "Georgia Surface Mining Act of 1968."   (Ga. L. 1968, p. 9, § 1.)
GA Code § 12-4-71 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 2 - Mining and Drilling|Part 3 - Surface Mining|§ 12-4-71. Legislative Purpose; Duty of Environmental Protection Division to Administer Part

  The purposes of this part are:   To assist in achieving and maintaining an efficient and productive mining industry and to assist in increasing economic and other benefits attributable to mining;   To advance the protection of fish and wildlife and the protection and restoration of land, water, and other resources affected by mining;   To assist in the reduction, elimination, or counteracting of pollution or deterioration of land, water, and air attributable to mining;   To encourage programs which will achieve comparable results in protecting, conserving, and improving the usefulness of natural resources to the end that the most desirable conduct of mining and related operations may be universally facilitated;   To assist in efforts to facilitate the use of land and other resources affected by mining so that such use may be consistent with sound land use, public health, and public safety, and to this end to study and recommend, wherever desirable, techniques for the improvement, restoration, or protection of such land and other resources.     The Environmental Protection Division of the department shall administer this part consistent with the above-stated purposes.    (Ga. L. 1968, p. 9, § 2.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1988, a hyphen was inserted in "above stated" near the end of subsection (b).   OPINIONS OF THE ATTORNEY GENERAL    Environmental Protection Division has authority to regulate mining  as well as the reclamation of land after mining. 1973 Op. Att'y Gen. No. U73-55.   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Mines and Minerals, § 243 et seq.   C.J.S.   - 58 C.J.S., Mines and Minerals, § 417 et seq.
GA Code § 12-4-74 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 2 - Mining and Drilling|Part 3 - Surface Mining|§ 12-4-74. Promulgation of Rules and Regulations by Board of Natural Resources

 The Board of Natural Resources shall promulgate such rules and regulations as may be necessary to effectuate this part in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."   (Ga. L. 1968, p. 9, § 9.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Mines and Minerals, § 246.   C.J.S.   - 58 C.J.S., Mines and Minerals, § 417 et seq.
GA Code § 12-4-76 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 2 - Mining and Drilling|Part 3 - Surface Mining|§ 12-4-76. Substitution of Mined Areas

 An operator shall have the right to substitute an area mined in the past for an area presently being mined on an acre-for-acre basis with the approval of the division.   (Ga. L. 1968, p. 9, § 7.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Mines and Minerals, § 249.
GA Code § 12-4-77 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 2 - Mining and Drilling|Part 3 - Surface Mining|§ 12-4-77. Renewal or Replacement of Revoked Permit; Mining on Unauthorized Site

 An operator whose permit has been revoked pursuant to this part shall be denied a new permit or a renewal of the old permit to engage in surface mining until he gives assurance satisfactory to the director of the division of his ability and intent to comply fully with this part with respect to the affected land under the revoked permit and the new or renewed permit. Mining by a permitted operator on an unauthorized site while holding other valid surface mining permits shall constitute prima-facie evidence of violation of approved mining land use plans, and any and all surface mining permits which an operator may hold may be suspended or revoked by the director or his authorized representative.   (Ga. L. 1968, p. 9, § 8; Ga. L. 1972, p. 996, § 3; Ga. L. 1976, p. 527, § 5; Ga. L. 1992, p. 1098, § 4.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Mines and Minerals, § 249.   C.J.S.   - 58 C.J.S., Mines and Minerals, §§ 418, 443 et seq., 462 et seq., 464.
GA Code § 12-4-78 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 2 - Mining and Drilling|Part 3 - Surface Mining|§ 12-4-78. Appeal to Superior Court

 Any person who is a party to a proceeding and who is aggrieved or adversely affected by any final order or action of the division shall have the right to appeal to the superior court of the county of the residence of such party. Such appeal shall be by petition which shall be filed in the office of the clerk of such court within 30 days after the final order or action of the division. The enforcement of the order or action appealed from shall not be stayed unless so ordered and directed by the reviewing court. No bond or cash shall be forfeited during an appeal. Upon the filing of such petition, the petitioner shall serve a copy thereof on the director of the division in the manner prescribed by law for the service of process.   (Ga. L. 1968, p. 9, § 10; Ga. L. 1971, p. 200, § 5.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Officers and Employees, § 236.   C.J.S.   - 73A C.J.S., Public Administrative Law and Procedure, §§ 374 et seq.
GA Code § 12-4-79 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 2 - Mining and Drilling|Part 3 - Surface Mining|§ 12-4-79. Injunctive Relief

 Whenever it shall appear to the division that any person, firm, or corporation or any agent, officer, or director of any person, firm, or corporation has violated any of the provisions of this part, the division, on its own motion or on the verified complaint in writing of any person, may file an equitable petition in its own name in the superior court of any county in this state having jurisdiction of the parties, alleging the facts and praying for a temporary restraining order and temporary injunction or permanent injunction against such person, firm, or corporation, or their agents, officers, and directors, restraining them from violating the provisions of this part. Upon proof of a violation, the court shall issue such restraining order, temporary injunction, or permanent injunction without requiring allegation or proof that the petitioner has no adequate remedy at law.   (Ga. L. 1971, p. 200, § 6.)   RESEARCH REFERENCES   C.J.S.   - 58 C.J.S., Mines and Minerals, § 424.
GA Code § 12-4-80 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 2 - Mining and Drilling|Part 3 - Surface Mining|§ 12-4-80. Removal of Minerals, Ores, and Other Solid Matter as Prima-Facie Evidence of Surface Mining

 In any contested case under this part, whether administrative, civil, or criminal in nature, a showing of the removal of minerals, ores, and other solid matter from the premises in question shall constitute prima-facie evidence of surface mining.   (Ga. L. 1972, p. 996, § 4.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Mines and Minerals, § 421.
GA Code § 12-4-81 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 2 - Mining and Drilling|Part 3 - Surface Mining|§ 12-4-81. Judgment Pursuant to Order

 The director of the division may file in the superior court of the county wherein the mining operator under order resides, or if such mining operator is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred or in which jurisdiction is appropriate, a certified copy of a final order issued pursuant to this part which is unappealed from, or of a final order issued pursuant to this part which is affirmed upon appeal, whereupon such court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though such judgment had been rendered in an action duly heard and determined by such court.   (Ga. L. 1976, p. 527, § 7.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, § 359.   C.J.S.   - 73A C.J.S., Public Administrative Law and Procedure, § 304 et seq.
GA Code § 12-4-82 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 2 - Mining and Drilling|Part 3 - Surface Mining|§ 12-4-82. Applicability of Part

 This part shall not apply to surface mining activities of the Department of Transportation incident to its activities in constructing, repairing, and maintaining the public road system in Georgia. The provisions of this Code section shall also extend to any person, firm, or corporation contracting with the Department of Transportation to construct, repair, or maintain public roads, provided that such contracts contain standards for the reclamation of the affected surface mining area; provided, further, that such standards have been approved by the division.   (Ga. L. 1968, p. 9, § 12.)   OPINIONS OF THE ATTORNEY GENERAL    Exemption granted by this section extends only to those operators who contract directly with the State Highway Department (now Department of Transportation) and not to parties who are subcontractors of such operators. 1968 Op. Att'y Gen. No. 68-406 (see O.C.G.A. § 12-4-82).
GA Code § 12-4-83 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 2 - Mining and Drilling|Part 3 - Surface Mining|§ 12-4-83. Civil Penalty; Procedure for Imposing Penalties; Hearing; Judicial Review; Disposition of Recovered Penalties

  Except as provided in subsection (c) of this Code section, any mining operator violating any provision of this part or any of the rules and regulations promulgated pursuant to this part, or who negligently or intentionally fails or refuses to comply with any final order of the director of the division, shall be liable for a civil penalty not to exceed $1,000.00 for such violation and an additional civil penalty not to exceed $500.00 for each day during which such violation continues.   Except as provided in subsection (c) of this Code section, whenever the director of the division has reason to believe that any mining operator has violated any provision of this part or any of the rules and regulations promulgated pursuant to this part, or has negligently or intentionally failed or refused to comply with any final order of the director, the director may request and shall receive a hearing before a hearing officer appointed by the Board of Natural Resources. Upon a finding that such mining operator has violated any provision of this part or any of the rules and regulations promulgated pursuant to this part, or has negligently or intentionally failed or refused to comply with a final order of the director, the hearing officer shall issue his initial decision imposing such civil penalties as are provided in this Code section. Such hearing and any judicial review thereof shall be conducted in accordance with subsection (c) of Code Section 12-2-2. All civil penalties recovered by the director shall be paid into the state treasury to the credit of the general fund; provided, however, that where civil penalties are recovered by the director from a mining operator for his failing or refusing to obtain a permit in accordance with Code Section 12-4-75 or for his failing or refusing to complete any of his responsibilities under a mining land use plan after having been issued a permit, the director may expend as he deems appropriate that portion of such recovered civil penalties as is necessary to provide for reclamation, reconditioning, or rehabilitation of the affected land not otherwise reclaimed, reconditioned, or rehabilitated by such mining operator.   This Code section shall not apply to a mining operator who has a valid permit and who is bonded in accordance with this part.    (Ga. L. 1976, p. 527, § 6; Ga. L. 1992, p. 1098, § 5; Ga. L. 1996, p. 6, § 12.)   RESEARCH REFERENCES   C.J.S.   - 58 C.J.S., Mines and Minerals, § 424 et seq.
GA Code § 12-4-84 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 2 - Mining and Drilling|Part 3 - Surface Mining|§ 12-4-84. Criminal Penalty

 Any person who engages in surface mining in violation of this part or who willfully misrepresents any fact in any matter required by this part or willfully gives false information in any application or report required by this part shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100.00 nor more than $1,000.00 for each offense. Each day of noncompliance after notification shall be considered a separate offense.   (Ga. L. 1968, p. 9, § 11.)   OPINIONS OF THE ATTORNEY GENERAL   Legislative purpose.    - This part does not indicate with clarity a legislative purpose to impose criminal liability on a corporation. 1970 Op. Att'y Gen. No. 70-155 (see O.C.G.A. § 12-4-70 et seq.).   Corporate agent punishable for commission of offense.   - When a corporate agent has either committed the offense in all the offense's elements and particulars or has intentionally aided or abetted the corporate principal in the commission of the crime in all the crime's particulars and elements, the agent is a party to the offense and punishable as such. 1970 Op. Att'y Gen. No. 70-155.    Corporations will be criminally responsible for acts or omissions constituting violations of this part if,  but only if, the activities constituting the crime were authorized, requested, commanded, performed, or recklessly tolerated by either the board of directors or by an officer or other agent of comparable authority acting within the scope of authority on behalf of the corporation. 1970 Op. Att'y Gen. No. 70-155.    Only feasible method for charging corporations with crimes is  through the return of an indictment by a grand jury. 1970 Op. Att'y Gen. No. 70-155.    Department is not authorized to invoke aid of equity in restraint  of unlicensed surface mining. 1970 Op. Att'y Gen. No. 70-103.   RESEARCH REFERENCES   C.J.S.   - 58 C.J.S., Mines and Minerals, § 424 et seq.