Minister may carry out rehabilitation
83 Minister may carry out rehabilitation
The Minister may take any necessary action to rehabilitate land if he or she—
S. 83(1)(a) amended by No. 6/2009 s. 28(a).
is not satisfied that the land has been rehabilitated as required by section 78 or 78A (as the case may be); or
S. 83(1)(ab) inserted by No. 32/2019 s. 10.
in the case that the land or any part of the land is declared mine land, is not satisfied that the land has been rehabilitated; or
S. 83(1)(ac) inserted by No. 32/2019 s. 10.
in the case that the land or any part of the land is declared mine land, is satisfied that the declared mine land requires further rehabilitation in accordance with the declared mine rehabilitation plan that applies to it; or
is satisfied that further rehabilitation of the land is necessary; or
is requested to do so by the owner of the land.
The Minister must, if he or she refuses to act on a request under subsection (1)(c), inform the owner of the land of the reasons for that refusal.
S. 83(3) amended by No. 6/2009 s. 28(b).
The Minister may only take action under subsection (1) if he or she has requested the authority holder or former authority holder to rehabilitate the land and the authority holder or former authority holder has failed to do so within a reasonable period after the request.
S. 83(3A) inserted by No. 2/2026 s. 26.
The Minister may authorise a person and any person assisting that person to enter any land and do anything that in the Minister's opinion is necessary for the purpose of taking an action under subsection (1).
S. 83(3B) inserted by No. 2/2026 s. 26.
If it is necessary for an authorised person or a person assisting an authorised person to enter land under subsection (3A), the Minister must—
if the land is private land, give reasonable notice of the entry to the owner and the occupier of the land; and
if the land is Crown land, give reasonable notice of the entry to the Crown land Minister; and
ensure that the person enters the land at a reasonable time; and
if the land is used only for residential purposes, obtain, or take all reasonable steps to obtain, the consent of the occupier of the land.
S. 83(3C) inserted by No. 2/2026 s. 26.
The Minister may use the whole or any part of the bond or bonds to pay the costs incurred under subsection (1).
The Minister may recover as a debt due to the Crown in a court of competent jurisdiction any amount by which the cost incurred under subsection (1) exceeds the amount of the bond or bonds.
S. 83(5) amended by No. 6/2009 s. 28(c).
The Minister must, if satisfied that no further rehabilitation of the land is likely to be necessary, return to the authority holder or former authority holder as soon as possible any balance of the bond or bonds after any cost incurred under subsection (1) is deducted.
S. 83(6) substituted by No. 82/2000 s. 56, amended by No. 6/2009 s. 28(d).
In making a decision under subsection (5), the Minister must take into account the possibility that some of the damage caused to the land by the authorised activities may not become evident for some time.
S. 83AA inserted by No. 2/2026 s. 27.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.