Mining Act 1971

The Minister must establish a fund entitled the Mining

The fund will consist of—

amounts required to be paid under subsections (3) and

; and

amounts required to be paid into the fund under any other section;

amounts required to be paid into the fund under the regulations;

amounts required to be paid into the fund under any other Act;

any income or accretions produced by the investment of money from the fund (and the Minister is authorised to invest any amount standing to the credit of the fund in such manner as the Minister thinks fit).

The Minister may, after taking into account the matters specified in subsection (4), require a tenement holder (or former tenement holder) to pay an amount determined by the Minister into the fund—

before the relevant mineral tenement is cancelled, surrendered or expires under this Act; or

within the prescribed period after the relevant mineral tenement is cancelled, surrendered or expires under this Act.

The following matters are specified:

the extent to which it appears that resources may be required to achieve appropriate environmental outcomes on the closure of authorised operations on land comprised in the relevant mineral tenement;

without limiting paragraph (a), the extent and likelihood of action that may be required—

to reinstate, supplement or improve rehabilitation of land that fails to establish a safe, stable and self-contained environment;

to maintain environmental management processes; and

to take further action to restore the environment because of environmental damage or impairment resulting from authorised operations.

The Minister may impose a requirement under this section even if a mineral tenement has been reinstated under

The imposition of a requirement under this section does not limit any other action or requirement that may be taken or arise under any other section.

The Minister may impose a requirement under this section by notice served on the relevant tenement holder (or former tenement holder).

An amount required to be paid into the fund under subsection (3) must be paid within a period (of at least 28 days) specified by the Minister in a notice under subsection (7). Maximum penalty: $20 000.

The liability to pay an amount under this section is a debt due to the Crown.

Money standing to the credit of the fund may be used by the

to fund monitoring and maintenance of any land in relation to which a requirement under this section has been imposed;

to fund programs, including as to the collection or provision of information and the carrying out of work, relating to the rehabilitation of any land in relation to which a requirement under this section has been imposed;

to achieve any other environmental outcomes that are related to the ceasing of authorised operations;

to fund other programs, or to achieve other outcomes, prescribed by the regulations;

to provide for the costs of administering the fund.

For the purposes of carrying out any operations associated with using money for a purpose under subsection (10), the Minister or the Director of

enter and remain on any land with such assistants, vehicles and equipment as may be necessary or expedient for any such purpose;

carry out tests or any work.

A person who interferes with or obstructs any person in the exercise of a power under subsection (11) is guilty of an offence. Maximum penalty: $20 000 or imprisonment for