Power to direct persons to take action to prevent or minimise environmental harm
70E Power to direct persons to take action to prevent or minimise environmental harm
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—
undue damage to the environment; or
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)).
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 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;
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;
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;
a requirement that a person specified or identified in the direction undertake specified tests or monitoring and, in relation to such a requirement—
a requirement that the tests or monitoring be carried out by a person with specified qualifications or experience;
a requirement that a report or reports be provided to the Minister, or to any other specified person;
a requirement that a person specified or identified in the direction take specified action to rehabilitate or restore any land;
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—
undue damage to the environment; or
a breach of an environmental outcome under a program under
Part 10A; or
any other breach of this Act;
a requirement that a person specified or identified in the direction furnish the Minister with specified results or reports.
A direction under this section must allow a reasonable time for compliance with the direction.
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.
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.
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.
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