Mining Act 1978

A security referred to in section 26, 52(1), 60(1), 70F(1), 84A(1) or 103AV(1) —

shall be for such amount —

in the case of a security referred to in section 26 or 103AV(1), as the Minister in a particular case approves (including any variation of that amount under subsection (1a)); or

in the case of a security referred to in section 52(1), 60(1), 70F(1) or 84A(1), as is prescribed;

shall be in the prescribed form or such other form as the Minister in a particular case approves; and

may, subject to the approval of the Minister, be by bond or such other method as the Minister allows, or be partly by bond and partly by such other method as the Minister allows.

The Minister may by instrument in writing vary an amount approved under subsection (1)(a)(i).

A security given in accordance with the prescribed form or a form approved by the Minister, although it is not sealed, binds the person subscribing it as if it were sealed.

Whenever a security under this section is put in suit the production of the security, without further proof, entitles the Minister to judgment against the person appearing to have executed the security for the amount of his stated liability or for such lesser amount as is claimed, unless that person proves compliance with the conditions of the security or that the security was not executed by him or release or satisfaction.

If it appears to the court before which the security is in suit that a non‑compliance with a condition of a security under this section has occurred, the security shall not be deemed to have been discharged or invalidated, and the subscriber shall not be deemed to have been released or discharged from liability, by reason of —

any extension of time or other concession; or

any consent to, or acquiescence in, a previous non‑compliance with a condition; or

any failure to bring suit against the subscriber upon the occurrence of a previous non‑compliance with the condition.

If there are several subscribers to the security they are bound, unless the security otherwise provides, jointly and severally and for the full amount.

A security given under this section shall not be enforced except with the written approval of the Minister.

The Minister may discharge, in whole or in part, a security given under this section —

on receipt of an application in writing by the person subscribing to the security accompanied by evidence satisfactory to the Minister showing cause why the security should be discharged; or

on the Minister’s own initiative, if the Minister considers it appropriate to do so.

Without limiting the power of the Minister in subsection (7), a security given under this section for the purposes of section 52(1), 60(1), 70F(1) or 84A(1) that is not in suit is discharged by operation of this section on the expiry of one year after the surrender, forfeiture or expiry of the mining tenement in respect of which the security was given.