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MINING AND QUARRYING SAFETY AND HEALTH ACT 1999 - SECT 61
Responsibility for protecting abandoned mines
61 Responsibility for protecting abandoned mines
(1) If a mine is abandoned, the person who was the operator for the mine
immediately before the abandonment must ensure at the time of abandonment that
the abandoned mine is safe and made secure. Penalty— Maximum
penalty—800 penalty units.
(2) If the operator does not comply with
subsection (1) , the holder for the mine must ensure the abandoned mine is
safe and made secure. Penalty— Maximum penalty—800 penalty units.
(3) Without limiting subsection (1) or (2) , while the holder is the holder
for the mine, the holder must ensure the mine is safe and made secure.
Penalty— Maximum penalty—800 penalty units.
(4) If an abandoned
mine is not safe and made secure, the CEO may make it safe and secure and
recover the cost of making it safe and secure from the person with the
obligation to ensure the mine is safe and made secure.
(5) A conviction under
this section with or without penalty does not affect the CEO’s ability to
recover the cost of making the mine safe and secure.
(6) In this section—
"environmental authority" see the Environmental Protection Act 1994 , schedule
4 .
"holder" , for a mine, includes the holder of an environmental authority to
carry out operations for land on which the mine is located.
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