New South Wales Consolidated Acts

MINING ACT 1992 - SECT 240

240 Directions

(1) The Director-General or an inspector may, by written notice, direct a responsible person in relation to an authorisation to do any one or more of the following:

(a) to give effect to a condition of an authorisation (except a condition requiring payment of royalty or provision or maintenance of a security deposit),

(b) to address any adverse impact that activities carried out under, or purportedly carried out under, an authorisation have had on any aspect of the environment,

(c) to address a risk of there being such an impact,

(d) to conserve the environment, protect it from harm as a result of activities under the authorisation or to prevent, control or mitigate any such harm,

(e) to rehabilitate land or water that is or may be affected by activities under the authorisation.

(2) A direction may require a responsible person to carry out or stop carrying out particular activities, carry out activities in a particular manner or achieve specified outcomes, within such period (if any) as is specified in the direction.

(3) However, a direction to a responsible person in the person’s capacity as the holder of a mining sublease may only impose requirements relating to activities under the sublease or in relation to the sublease area.

(4) If a direction is issued to a person who is not the holder of the authorisation to which the direction relates, the Director-General must cause a copy of the direction to be served on the holder within 5 days after the direction is issued.