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MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 138

Transitional provision—2012 amendments

    (1)     A court may make an order under section 110(3A) in relation to any offence against section 110(3) committed after the commencement of section 6 of the amending Act, whether or not the notice in respect of which the offence is committed is issued before or after that commencement.

    (2)     If an offence against section 110(3) is committed between 2 dates and section 6 of the amending Act commences on a date between those 2 dates, for the purposes of subsection (1), the offence is taken to have been committed after that commencement.

    (3)     The Minister may apply for an injunction under section 110AA(1) in relation to any non-compliance with a notice that occurs after the commencement of section 7 of the amending Act, whether or not the notice is issued before or after that commencement.

    (4)     If non-compliance with a notice occurs between 2 dates and section 7 of the amending Act commences on a date between those 2 dates, for the purposes of subsection (3), the non-compliance is taken to have occurred after that commencement.

    (5)     In this section, "amending Act" means the Mineral Resources (Sustainable Development) Amendment Act 2012 .

S. 139 inserted by No. 10/2014 s. 40.



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