Title 12 — Conservation And Natural Resources
0 chapters · 906 sections in this title.
O.C.G.A. § 12-4-1 Powers and duties of department relating to game and fish laws, T
2.1K chars
27. Bona fide conservation use property, § 48-5-7.4. Authority of department to convey property for purposes of constructing and operating boat-launching ramps thereon, § 50-16-45. Powers and duties of department with regard to boat safety, § 52-7-1 et seq. Powers and duties of de…
O.C.G.A. § 12-4-100 PHOSPHORUS
0.1K chars
Waste-water discharge limitation, §12-5-23.2. Water pollution.
O.C.G.A. § 12-4-101 Annual mining fee; license fee; affidavit and bond
1.6K chars
(a) Licenses shall be granted upon the express condition that the grantees shall pay to the Office of the State Treasurer the sum of $1.00 per ton for every ton of phosphate rock and phosphatic deposit mined and removed from the navigable rivers and waters of this state and the b…
O.C.G.A. § 12-4-102 Lapse of license
0.3K chars
Any license granted under this part shall lapse and become void unless within three years from the date of the granting of the license the privileges granted shall be utilized and work in good faith shall be commenced. History. — Ga. L. 1884-85, p. 125, § 5; Civil Code 1895, § 17…
O.C.G.A. § 12-4-103 Penalty
0.5K chars
Any person who is not engaged in the prosecution of lawfully authorized searches and who digs, mines, removes, or cleanses phosphate rock or phosphatic deposits from the beds of the navigable streams of this state or from any public lands on the banks and margins thereof without …
O.C.G.A. § 12-4-121 Annual reports by judges of probate court
0.5K chars
No later than January 15 of each year, each judge of the probate court with whom a register has been filed pursuant to Code Section 12-4-120 shall, by certified copy, make a report to the state geologist of the registers received by that judge during the preceding year. The state g…
O.C.G.A. § 12-4-122 Penalty
0.3K chars
Any person who purchases native gold, gold bullion, gold dust, gold nuggets, or gold amalgam and who fails to comply with Code Section 12-4-120 relating to such purchases shall be guilty of a misdemeanor. History. — Ga. L. 1899, p. 66, § 2; Penal Code 1910, § 699; Code 1933, § 43…
O.C.G.A. § 12-4-140 Short title
0.2K chars
This article shall be known and may be cited as the ‘‘Cave Protection Act of 1977.’’ History. — Ga. L. 1977, p. 833, § 1. 12-4-141. Legislative purpose.
O.C.G.A. § 12-4-141 Legislative purpose
0.8K chars
The State of Georgia finds that caves are uncommon geologic phenomena and that the minerals deposited therein may be rare and occur in unique forms of great beauty which are irreplaceable if destroyed. It is also found that the wildlife which have evolved to live in caves are unus…
O.C.G.A. § 12-4-142 Definitions
3.0K chars
As used in this article, the term: (1) ‘‘Cave’’ means any naturally occurring subterranean cavity, including, but not restricted to, a cavern, pit, pothole, natural well, sinkhole, and grotto. (2) ‘‘Commercial cave’’ means any cave with improved trails and lighting utilized by th…
O.C.G.A. § 12-4-143 Wildlife
0.4K chars
Killing, harming, etc., §12-4-146. CEASE AND DESIST ORDERS. Asbestos violations, §12-12-13. Coastal marshlands. Enforcement remedy, §12-5-291. Coastal waters and beaches. Shore protection act, §12-5-247. Metropolitan river protection act. Appeal, §12-5-448. Violations, §12-5-452.…
O.C.G.A. § 12-4-144 Sale or offer to sell speleothems
1.2K chars
(a) It shall be unlawful to sell or offer for sale any speleothems in this state or to export them for sale outside this state without the express written permission of the owner of the cave from which such speleothems were obtained. (b) Any person violating this Code section sha…
O.C.G.A. § 12-4-147 Liability of owners of caves for injuries
1.2K chars
(a) Neither the owner of a cave nor his authorized agents, officers, employees, or designated representatives acting within the scope of their authority shall be liable for injuries sustained by any person using such cave for recreational or scientific purposes if the prior consen…
O.C.G.A. § 12-4-20 Amount of reward; eligibility for reward
0.4K chars
There shall be paid the sum of $250,000.00 to the first person, firm, or corporation, or combination thereof, which puts down and brings in the first commercial oil well in this state, provided that such well must produce at least 100 barrels of oil per day. The determination as to …
O.C.G.A. § 12-4-21 Manner of distribution of reward
1.7K chars
Such amount shall be distributed as follows: (1) The sum of $50,000.00 to the owner or owners of the minerals or the property, or both, where the well is drilled, to be divided, where there are multiple owners of the minerals, among them in the proportion of their respective inte…
O.C.G.A. § 12-4-22 Amount, §12-4-20
1.2K chars
Authorization. Payments from surplus or contingent funds, §12-4-22. Distribution, §12-4-21. Eligibility, §12-4-20. Manner of distribution, §12-4-21. Payments from surplus or contingent funds, §12-4-22. ON-BOARD DIAGNOSTIC EQUIPMENT. Motor vehicle emission and inspection maintenan…
O.C.G.A. § 12-4-40 Short title
0.2K chars
This part shall be known and may be cited as the ‘‘Oil and Gas and Deep Drilling Act of 1975.’’ History. — Ga. L. 1975, p. 966, § 2; Ga. L. 2018, p. 953, § 1/HB 205. 12-4-41. Legislative findings and declaration of policy.
O.C.G.A. § 12-4-41 Legislative findings and declaration of policy
1.7K chars
The General Assembly finds and declares that its duty to protect the health, safety, and welfare of the citizens of this state requires that adequate protection of underground fresh water supplies be assured in any drilling operation which may penetrate through any stratum which c…
O.C.G.A. § 12-4-42 Definitions
5.7K chars
As used in this part, the term: (1) ‘‘Board’’ means the Board of Natural Resources. (1.1) ‘‘Director’’ means the director of the Environmental Protection Division of the Department of Natural Resources. (2) ‘‘Drilling’’ means the boring of a hole in the earth by remote mechanical…
O.C.G.A. § 12-4-43 Powers of board as to deep drilling
2.5K chars
For the purpose of this part: (1) The board shall have the authority to make such inquiries as it may deem necessary into any matter over which it has jurisdiction; (2) The board shall have the jurisdiction of and authority over the drilling of and subsequent use of any well for …
O.C.G.A. § 12-4-44 Authority to adopt and promulgate rules and regulations
7.1K chars
(a) The board shall have the authority to adopt and promulgate rules and regulations dealing with the control of matters over which it has jurisdiction under this part. Such rules and regulations shall include, 295 12-4-44 CONSERVATION & NATURAL RES. 12-4-44 but shall not be limi…
O.C.G.A. § 12-4-45 Permits, §12-4-46
0.9K chars
Prohibited acts, §12-4-53. Civil penalties, §12-4-48. OIL AND GAS DEEP DRILLING —Cont’d Purpose, §12-4-41. Royalty owners. Effect of enforcement proceedings on causes of action, §12-4-48. Rules and regulations. Board of natural resources. Rulemaking authority, §12-4-44. Local reg…
O.C.G.A. § 12-4-46 Drilling permits
4.3K chars
(a) Before any well covered by this part, other than wells for the production of fresh water, may be drilled, the person desiring to drill the well shall apply to the director for a drilling permit, using such forms as the director may prescribe, and shall pay a fee of $500.00 fo…
O.C.G.A. § 12-4-48 Sapelo Island Heritage authority
0.5K chars
Authority and property exempt from levy and sale, §12-3-449. LIENS —Cont’d Sewage systems. Unpaid charges for sewerage service. Privately owned public water suppliers. Cutting off water service when sewer charge unpaid, §12-5-179. Stone Mountain Memorial Association. Revenue bond…
O.C.G.A. § 12-4-49 Short title
1.8K chars
Legislative findings and declaration of policy. Definitions. Powers of board as to deep drilling. Authority to adopt and promulgate rules and regulations. Powers of board as to establishment of drilling and operation units; applicability of state antitrust laws to private agreement…
O.C.G.A. § 12-4-50 SERVICE STATIONS
0.1K chars
Underground storage tanks, §§12-13-1 to 12-13-22. SEWAGE HOLDING TANK ACT. General provisions, §§12-15-1 to 12-15-8. Short title, §12-15-1.
O.C.G.A. § 12-4-51 Effect of part on other laws
0.7K chars
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. History. — Ga. L. 1975, p. 966, § 5; Ga. L. 1984, p. 398, § 9; Ga. L. 1989, p. 14, § 12; Ga. L. 2018, p. 953, §…
O.C.G.A. § 12-4-52.1 Local authority
0.4K chars
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. History. — Code 1…
O.C.G.A. § 12-4-53 Prohibited acts
1.0K chars
The following activities are prohibited: (1) The waste of oil or gas as defined in this part; (2) The sale, purchase, or acquisition or the transportation, refining, processing, or handling of illegal minerals or illegal products; (3) The sale, purchase, or acquisition or the trans…
O.C.G.A. § 12-4-54 Levying of severance tax
1.7K chars
(a) As used in this Code section, the term ‘‘extractor’’ means any person removing oil or gas from the ground pursuant to this part. (b)(1) A severance tax shall be levied on oil or gas removed from the ground in this state by an extractor as follows: (A) Three cents per barrel o…
O.C.G.A. § 12-4-70 Short title
0.1K chars
This part shall be known and may be cited as the ‘‘Georgia Surface Mining Act of 1968.’’ History. — Ga. L. 1968, p. 9, § 1. 314 12-4-71
O.C.G.A. § 12-4-71 Definitions, §12-4-72
0.4K chars
Environmental protection division. Administration of part, §12-4-71. Declining of jurisdiction under part, §12-4-73. 1364 INDEX SURFACE MINING —Cont’d Environmental protection division —Cont’d Delegation of duties to authorized agents and employees, §12-4-73. Powers and duties ge…
O.C.G.A. § 12-4-72 Definitions
3.7K chars
As used in this part, the term: (1) ‘‘Affected land’’ means the area of land which has been subjected to surface mining, or upon which overburden has been deposited, or both; provided, however, ‘‘affected land’’ shall not be construed to include land upon which overburden is depo…
O.C.G.A. § 12-4-73 Underground storage tanks
0.1K chars
General provisions, §§12-13-1 to 12-13-22. Water wells.
O.C.G.A. § 12-4-76 Substitution of mined areas
0.2K chars
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. History. — Ga. L. 1968, p. 9, § 7.
O.C.G.A. § 12-4-77 Operators of surface mining firms
0.2K chars
Requirements, §12-4-75. Penalties. Civil penalty, §12-4-83. Criminal penalty, §12-4-84. Disposition of recovered civil penalties, §12-4-83. Permits, §12-4-75.
O.C.G.A. § 12-4-78 Appeal to superior court
0.8K chars
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…
O.C.G.A. § 12-4-79 Injunctive relief
0.9K chars
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 perso…
O.C.G.A. § 12-4-81 Judgment pursuant to order
0.8K chars
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 vio…
O.C.G.A. § 12-4-82 Applicability of part
0.6K chars
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 corpor…
O.C.G.A. § 12-4-83 Permits, §12-4-75
0.3K chars
Appeal of disciplinary actions to superior court, §12-4-78. Renewal or replacement of revoked permit, §12-4-77. Suspension or revocation for mining on unauthorized site, §12-4-77. Removal of minerals, etc. Prima facie evidence of surface mining, §12-4-80. Short title, §12-4-70. S…
O.C.G.A. § 12-4-84 Phosphates, §§12-4-100 to 12-4-103
0.7K chars
Mountain protection act, §12-2-8. Natural areas. Georgia natural areas act, §§12-3-90 to 12-3-94. Nongame wildlife conservation programs, §§12-3-600 to 12-3-602. North Georgia Mountains authority, §§12-3-290 to 12-3-300. Oconee river greenway authority, §§12-3-400 to 12-3-414. Oi…