Mineral Resources (Sustainable Development) Act 1990

The Minister, by notice served on the person, may direct a person subject to call back in relation to a licence that covers declared mine land (whether or not in force) to take an action if—

the Minister is satisfied that the declared mine licensee—

has failed to meet a rehabilitation or closure requirement; or

is not able to meet a rehabilitation or closure requirement; and

that action is—

reasonably necessary to meet a rehabilitation or closure requirement for that licence; or

ancillary to an action described in subparagraph (i), including but not limited to a prescribed ancillary action; and

the Minister is satisfied that the Minister is not, or is not likely to be, able to recover rehabilitation costs from the declared mine licensee; and

in the case of declared mine land to which no declared mine rehabilitation plan applies—

the Minister has not returned the rehabilitation bond or bonds in accordance with section 82; and

the Minister is satisfied that the declared mine land has not been rehabilitated; and

in the case of declared mine land to which a declared mine rehabilitation plan applies—

the declared mine land is registered in the declared mine land register under section 84AZZC; or

if the declared mine land has not at any time been registered in the declared mine land register under section 84AZZC, the declared mine licensee—

has not met the closure criteria for the declared mine land; or

has not complied with any requirements of a registration direction for the declared mine land.

In deciding whether to give a remedial direction, the Minister—

must take into account any prescribed matter; and

must follow any prescribed process; and

may take into account any other matter that the Minister reasonably considers appropriate.