70E—Power to direct persons to take action to prevent or minimise
environmental harm
(1) If, in the
Minister's opinion, authorised operations are being conducted in a way that
results in, or that is reasonably likely to result in—
(a)
undue damage to the environment; or
(b) a
breach of the environmental outcomes under a program under Part 10A,
the Minister may, by written notice given to any person involved in
undertaking the mining operations (an "environmental direction"), direct that
action be taken to comply with specified requirements to prevent or minimise
damage to the environment (to the extent necessary to address the relevant
matter arising under paragraph (a) or (b)).
(3) A direction under
this section may impose any requirement reasonably required for the purpose
for which the direction is issued including 1 or more of the following:
(a) a
requirement that a person specified or identified in the direction
discontinue, or not commence, a specified activity indefinitely or for a
specified period or until further notice from the Minister or an authorised
officer;
(b) a
requirement that a person specified or identified in the direction take
specified action in a specified way, and within a specified period or at
specified times or in specified circumstances;
(c) a
requirement that a person specified or identified in the direction take action
to prevent or minimise any damage to the environment, or to control any
specified activity;
(d) a
requirement that a person specified or identified in the direction undertake
specified tests or monitoring and, in relation to such a requirement—
(i)
a requirement that the tests or monitoring be carried out
by a person with specified qualifications or experience;
(ii)
a requirement that a report or reports be provided to the
Minister, or to any other specified person;
(e) a
requirement that a person specified or identified in the direction take
specified action to rehabilitate or restore any land;
(ea) a
requirement that a person specified or identified in the direction prepare a
plan of action (that complies with any specified requirements and to the
satisfaction of the Minister) to prevent or address—
(i)
undue damage to the environment; or
(ii)
a breach of an environmental outcome under a program
under Part 10A; or
(iii)
any other breach of this Act;
(f) a
requirement that a person specified or identified in the direction furnish the
Minister with specified results or reports.
(4) A direction under
this section must allow a reasonable time for compliance with the direction.
(5) A person to whom a
direction relates must comply with a direction under this section within the
time allowed in the direction.
Maximum penalty: $250 000.
(6) If a direction is
given under this section, the Minister may review the adequacy of any relevant
program under Part 10A and, if it appears on the review that a revised program
is appropriate, the Minister may take the necessary steps to have a revised
program prepared and brought into force.
(8) For the purposes
of this section, a reference to a person involved in undertaking
authorised operations extends (in all cases) to the holder of a
mineral tenement under which the authorised operations are conducted.