Mineral Resources (Sustainable Development) Act 1990

This section applies if the Minister believes on reasonable grounds that—

an act or omission of an owner of registered mine land is likely to result in a risk to public safety, the environment, land, property or infrastructure; or

an owner of registered mine land has contravened the owner's obligations under the registered post-closure plan; or

an owner of registered mine land has contravened or is likely to contravene this Act.

The Minister may, by notice served on the owner of registered mine land, require the taking within a specified period of any of the actions set out in subsection (3) in order to—

remedy the contravention or non‑compliance; or

avoid the likely contravention or non‑compliance; or

avoid, minimise or remove the risk to public safety, the environment, land, property or infrastructure.

The actions the Minister may require in a notice under subsection (2) are as follows—

prohibit the doing of any activity or class of activity by the owner of registered mine land for a specified period or until the occurrence of a specified event;

require the owner of registered mine land to supply any plans or other information specified in the notice;

require the owner of registered mine land to do any of the following—

to provide monitoring equipment;

to carry out any monitoring or surveys specified in the notice;

to have any audit or assessment specified in the notice carried out by an appropriately qualified person or body;

to give the Minister a report detailing the results of the monitoring surveys, audit or assessment.

The Minister may, by notice served on the owner of registered mine land, vary or cancel a notice under subsection (2).

The owner of registered mine land must comply with a notice under subsection (2) or as varied under subsection (4).