Mining Act 1992

A penalty notice officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence under this Act or the regulations, being an offence prescribed by the regulations.

A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay, within the time and to the person specified in the notice, the penalty prescribed by the regulations for the offence if dealt with under this section.

A penalty notice may be served personally or by post.

The regulations may authorise a penalty notice also to be served by leaving the notice at premises in respect of which the offence was committed.

If the amount of the penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.

Payment under this section is not an admission of liability for the purposes of, and does not affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.

The regulations may—

prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and

prescribe the amount of penalty payable for the offence if dealt with under this section, and

prescribe different amounts of penalties for different offences or classes of offences, and

prescribe different amounts of penalties for the same offence, including, in the case of a continuing offence, different amounts of penalties for different periods during which the offence continues.

This section does not limit the operation of any provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.

In this section, penalty notice officer means a person who is declared by the regulations to be a penalty notice officer for the purpose of this section or belongs to a class of persons so declared.