Mining Act 1971

If, in the opinion of an authorised officer—

mining operations are being carried out in a way that results in, or that is reasonably likely to result in—

a breach of an objective under a mine operations plan;

undue damage to the environment; and

it is urgently necessary to take action under this section, the authorised officer may, by written notice given to any person involved in undertaking the mining operations, issue an order under this section (an emergency order).

An emergency order—

subject to subsection (3), must be in the form of a written notice given to the person to whom the order is issued; and

must specify the grounds on which it is issued; and

may impose any requirement reasonably required for the purpose for which the order is issued including 1 or more of the following:

a requirement that a person specified or identified in the order discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from an authorised officer;

a requirement that a person specified or identified in the order take specified action within a specified period;

a requirement that a person specified or identified in the order furnish the Minister or a specified authorised officer with a specified report or reports.

An authorised officer may, if of the opinion that urgent action is required under this section, issue an emergency order imposing requirements of a kind referred to in subsection (2)(c) orally but, in that event, the authorised officer must confirm it in writing at the earliest opportunity (and in any event within 2 business days) by written notice given to the person to whom the order applies.

An emergency order issued under this section will cease to have effect at the expiration of 3 business days after the day on which it is issued unless the Director of Mines, within that period, confirms the order in the manner prescribed by the regulations (and then the order will continue to have effect for a period determined by the Director or until revoked by an authorised officer).

An authorised officer may, with the approval of the Director, by written notice served on the person to whom an emergency order has been issued, vary or revoke the order.

A person to whom an emergency order relates must comply with an order under this section within the time allowed in the order. Maximum penalty: $250 000.