(1) The Minister may, by order published in the Gazette, declare as a derelict
mine site any land that, in the opinion of the Minister--
(a) was used for, or
has been affected by, mining operations or prospecting operations, and
(b)
has been abandoned.
(2) The declaration is to identify the land with
reasonable particularity.
(3) In making the declaration, the Minister is to
have regard to any matters that are prescribed by the regulations.
(4) The
Minister may declare land as a derelict mine site whether or not it is
possible to identify or locate the landholder or the holder of an
authorisation under which operations referred to in subsection (1) (a) were
carried out.
(5) A declaration cannot be challenged in any legal proceedings
commenced later than 3 months after the order is published in the Gazette.
(6) Subsection (5) has effect despite the provisions of any other Act or law,
but does not apply so as to affect any appeal from proceedings commenced
within 3 months after the declaration is published in the Gazette.
