(1) The energy value and ash content of the by-product of the mining or
processing of coal recovered under a particular mining lease is to be
determined, in the manner directed by the Minister, on the basis of the
average energy value and average ash content of that by-product.
(2) The
Minister may by determination in writing determine any of the following--
(a)
that the by-product, or any identifiable quantity of the by-product, of the
mining or processing of coal recovered under a particular mining lease is coal
reject,
(b) the amount of coal in the coal reject recovered under a
particular mining lease or the amount of coal in any identifiable quantity of
that coal reject,
(c) that the coal reject, or any identifiable quantity of
the coal reject, recovered under a particular mining lease and used or
disposed of by the holder of the lease has been used by the holder in
producing energy or disposed of by the holder for use in producing energy.
(3) The Minister's determination is evidence of the matter determined.
(4) A
determination under subsection (2) (a) or (b) is not open to dispute or
challenge on the basis that the determination is not correct or accurate for
any particular sample or quantity of the material concerned.
