12-4-140 G
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12-4-140.
This article shall be known and may be cited as the "Cave Protection
Act of 1977."
12-4-141 G
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12-4-141.
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 unusual and of limited numbers, and many are rare
and endangered species, and that caves are a natural conduit for
ground-water flow and are highly subject to water pollution, which
has far-reaching effects transcending man's property boundaries. It
is therefore declared to be the policy of this state and the intent
of this article to protect these unique natural resources.
12-4-142 G
*** CODE SECTION *** 12/03/01
12-4-142.
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 the owner for the purpose of exhibition to
the general public as a profit or nonprofit enterprise, wherein a
fee is collected for entry.
(3) "Gate" means any structure or device located so as to limit or
prohibit access or entry to a cave.
(4) "Owner" means a person who owns title to land where a cave is
located, including a person who owns title to a leasehold estate
in such land, and specifically includes the state and any of its
agencies, departments, boards, bureaus, commissions, or
authorities, as well as counties, municipalities, and other
political subdivisions of the state.
(5) "Sinkhole" means a closed topographic depression or basin,
generally draining underground, including, but not restricted to,
a doline, limesink, or sink.
(6) "Speleothem" means a natural mineral formation or deposit
occurring in a cave, including, but not restricted to,
stalagmites, stalactites, helectites, anthodites, gypsum flowers,
gypsum needles, angel's hair, soda straws, draperies, bacon, cave
pearls, popcorn (coral), rimstone dams, columns, palettes, and
flowstone. Speleothems are commonly composed of calcite, epsomite,
gypsum, aragonite, celestite, and other similar minerals.
(7) "Wildlife" means any vertebrate or invertebrate animal life
indigenous to this state or any species introduced or specified by
the Board of Natural Resources and includes, but is not restricted
to, quadrupeds, mammals, birds, fish, amphibians, reptiles,
crustaceans, and mollusks, or any part thereof.
12-4-143 G
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12-4-143.
(a) It shall be unlawful for any person, without the express written
permission of the owner, willfully or knowingly to:
(1) Break, break off, crack, carve upon, write upon, burn, or
otherwise mark upon, remove, or in any manner destroy, disturb,
deface, mar, or harm the surfaces of any cave or any natural or
archeological material therein, including speleothems;
(2) Disturb or alter in any manner the natural condition of any
cave;
(3) Break, force, tamper with, or otherwise disturb a lock, gate,
door, or other obstruction designed to control or prevent access
to any cave, even though entrance thereto may not be gained; or
(4) Enter a cave posted against trespassing or a cave with a lock,
gate, door, or other obstruction designed to control or prevent
access to the cave.
(b) Any person who violates any provision of subsection (a) of this
Code section shall be guilty of a misdemeanor.
12-4-144 G
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12-4-144.
(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 shall be guilty of a
misdemeanor.
12-4-145 G
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12-4-145.
(a) It shall be unlawful to store in caves or sinkholes any
chemicals or other materials which may be detrimental or hazardous
to caves or sinkholes, to the mineral deposits therein, to the
wildlife inhabiting caves, to the waters of the state, or to the
persons using such phenomena for any purposes.
(b) It shall be unlawful to dump, litter, dispose of, or otherwise
place any refuse, garbage, dead animals, sewage, trash, or other
such similar waste materials in any quantity in any cave or
sinkhole.
(c) Any person who violates any provision of this Code section shall
be guilty of a misdemeanor.
12-4-146 G
*** CODE SECTION *** 12/03/01
12-4-146.
(a) It shall be unlawful to remove, kill, harm, or disturb any
wildlife found within any cave, provided that nothing contained in
this Code section shall be construed to repeal Code Section 27-2-12,
relating to scientific collectors' permits, or any rules or
regulations promulgated pursuant thereto, or any federal or state
laws relating to the protection of certain plants or animals.
(b) Any person who violates any provision of this Code section shall
be guilty of a misdemeanor.
12-4-147 G
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12-4-147.
(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
consent of the owner has been obtained and if no charge has been
made for the use of such features and notwithstanding that an
inquiry as to the experience or expertise of the individual seeking
consent may have been made.
(b) Neither the owner of a commercial cave nor his authorized
agents, officers, employees, or designated representatives acting
within the scope of their authority shall be liable for an injury
sustained by a spectator who has paid to view the cave, unless such
injury is sustained as a result of such owner's negligence in
connection with the providing and maintaining of trails, stairs,
electrical wires, or other modifications, and such negligence shall
be the proximate cause of the injury.
(c) Nothing in this Code section shall be construed to constitute a
waiver of the sovereign immunity of the state or any of its boards,
departments, bureaus, or agencies.