MINING ACT 1992 - SECT 242B
Rehabilitation of derelict mine site
MINING ACT 1992 - SECT 242B
Rehabilitation of derelict mine site
242B Rehabilitation of derelict mine site
(1) The Secretary may cause steps to be taken to have a derelict mine site
fully or partially rehabilitated and may, for that purpose, enter into
contracts or agreements.
(2) An authorised person may enter any land and do
anything that in the person's opinion is necessary for or in connection with
the rehabilitation (including gaining access to other land from that land).
(3) 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.
(4) A landholder who suffers damage caused by an
authorised person entering the landholder's land under this section is
entitled to be paid reasonable compensation by the Crown unless the landholder
obstructed, hindered or restricted the authorised person's entry.
(5)
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).
(6) In this section--
"authorised person" means--
(a) a person engaged in connection with the taking
of steps under subsection (1), or
(b) the Secretary, or
(c) a person
authorised in writing by the Secretary for the purposes of this section, or
