Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 46
insert
(1) The Mining Remediation Fund must be established under the Financial Management Act .
(2) A regulation may deal with matters relevant to the Fund.
(1) The purpose of the Fund is to hold money in trust to be used by the Agency in connection with minimising or rectifying environmental harm caused by unsecured mining activities.
(2) Unsecured mining activities are mining activities, whether carried out by a person before or after the commencement of this section, in relation to which the person:
(a) provided no security; or
(b) provided a security that has been expended.
(3) The money held in the Fund may be used for the purpose mentioned in subsection (1) regardless of whether:
(a) there is an operator currently carrying out mining activities on land on which the unsecured mining activities were carried out; and
(b) the operator is not the person mentioned in subsection (2); and
(c) the operator has provided security or paid a levy in relation to the activities currently being carried out.
(1) Subject to subsection (2), at least 33% of the amount of each levy paid by an operator must be paid into the Fund.
(2) A regulation may increase the minimum percentage required to be paid to the Fund.
Without limiting the purpose for which money in the Fund may be used, as specified in section 46B(1), payments may be made from the Fund for costs and expenses incurred in relation to any of the following:
(a) the identification of environmental harm caused by unsecured mining activities;
(b) the assessment of the risk of that harm;
(c) investigations and scientific studies relating to that harm;
(d) the preparation of remediation plans necessary because of that harm;
(e) carrying out both long-term and short-term remedial works required because of that harm;
(f) engaging persons with appropriate expertise to carry out other activities in relation to that harm.