New South Wales Consolidated Acts

MINING ACT 1992 - SECT 241

241 Rehabilitation by Minister at holder's expense

(1) If a person on whom a direction is served under this Division does not comply with the direction, the Minister may take any action necessary to give effect to the direction.

(2) Any costs or expenses incurred by the Crown under this section are a debt due to the Crown by the person on whom the direction was served and are recoverable in a court of competent jurisdiction.

(3) An authorised person may enter any land and do anything that in the person's opinion is necessary for or in connection with the taking of that action (including gaining access from that land to other land).

(4) However, an authorised person must not enter land unless the person--

(a) has given the occupier of the land reasonable notice of the person's intention to do so, and

(b) enters the land at a reasonable time (except in the case of an emergency), and

(c) uses no more force than is reasonably necessary to effect entry, and

(d) before entering any premises on the land that are used only for residential purposes, has obtained the permission of the occupier of those premises.

(5) A person who suffers damage caused by the taking of any action under this section is entitled to be paid reasonable compensation by the person who failed to comply with the direction (as referred to in subsection (1)).

(6) Division 3 of Part 13 and Part 15 apply (with such modifications as may be prescribed by the regulations) to that compensation as if it were compensation payable for a compensable loss (within the meaning of Division 3 of Part 13).