New South Wales Consolidated Acts

MINING ACT 1992 - SECT 240

240 Directions

(1) The Secretary or an inspector may, by written notice, direct a responsible person in relation to an authorisation to do any one or more of the following--

(a) to give effect to a condition of an authorisation (except a condition requiring payment of royalty or provision or maintenance of a security deposit),

(b) to address any adverse impact that activities carried out under, or purportedly carried out under, an authorisation have had on any aspect of the environment,

(c) to address a risk of there being such an impact,

(d) to conserve the environment, protect it from harm as a result of activities under the authorisation or to prevent, control or mitigate any such harm,

(e) to rehabilitate land or water that is or may be affected by activities under the authorisation.

(1A) The Secretary or an inspector may, by written notice, direct a person to do 1 or more of the following if the person has carried out prospecting, mining or another activity otherwise than in accordance with an authorisation, where an authorisation to carry out the prospecting, mining or activity is required under this Act--

(a) to address an adverse impact the prospecting, mining or activity has had on 1 or more aspects of the environment,

(b) to address a risk of there being such an impact,

(c) to conserve the environment, protect it from harm as a result of the prospecting, mining or activity or prevent, control or mitigate the harm,

(d) to rehabilitate land or water that is or may be affected by the prospecting, mining or activity.

(1B) To avoid doubt, a reference to the environment, land and water in subsections (1) and (1A) includes the environment, land and water in a place regardless of whether the environment, land and water is within or outside an authorisation area.

(2) A direction may require a person to carry out or stop carrying out particular activities, carry out activities in a particular manner or achieve specified outcomes, within such period (if any) as is specified in the direction or any condition specified in the direction.

(2A) A direction served on a person under this Division may require the person to prepare, and submit to the Secretary or inspector, reports as to any of the following--

(a) the measures the person proposes to take for the purpose of complying with the direction,

(b) the progress made by the person in implementing any such measures.

(3) However, a direction to a responsible person in the person's capacity as the holder of a mining sublease may only impose requirements relating to activities under the sublease or in relation to the sublease area.

(4) If a direction under subsection (1) is issued to a person who is not the holder of the authorisation to which the direction relates, the Secretary must cause a copy of the direction to be served on the holder within 5 days after the direction is issued.