MINING ACT 1992 - SECT 241
Rehabilitation by Minister at holder's expense
MINING ACT 1992 - SECT 241
Rehabilitation by Minister at holder's expense
241 Rehabilitation by Minister at holder's expense
(1) If a person on whom a direction is served under this Division does not
comply with the direction, the Minister may take any action necessary to give
effect to the direction.
(2) Any costs or expenses incurred by the Crown
under this section are a debt due to the Crown by the person on whom the
direction was served and are recoverable in a court of competent jurisdiction.
(3) An authorised person may enter any land and do anything that in the
person's opinion is necessary for or in connection with the taking of that
action (including gaining access from that land to other land).
(4) However,
an authorised person must not enter land unless the person--
(a) has given the
occupier of the land reasonable notice of the person's intention to do so, and
(b) enters the land at a reasonable time (except in the case of an emergency),
and
(c) uses no more force than is reasonably necessary to effect entry, and
(d) before entering any premises on the land that are used only for
residential purposes, has obtained the permission of the occupier of those
premises.
(5) A person who suffers damage caused by the taking of any action
under this section is entitled to be paid reasonable compensation by the
person who failed to comply with the direction (as referred to in subsection
(1)).
(6) Division 3 of Part 13 and Part 15 apply (with such modifications as
may be prescribed by the regulations) to that compensation as if it were
compensation payable for a compensable loss (within the meaning of Division 3
of Part 13).
