MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 82 Return of bond if rehabilitation satisfactory

MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 82

S. 82(1) amended by Nos 76/1998 s. 31(k), 6/2009 s. 27(a).

    (1)     The Minister must return the bond or bonds to the authority holder or former authority holder as soon as possible if the Minister is satisfied—

S. 82(1)(a) amended by No. 6/2009 s. 27(b).

        (a)     that the land has been rehabilitated as required by section 78 or 78A (as the case may be); and

S. 82(1)(b) amended by No. 32/2019 s. 9(1)(a).

        (b)     that the rehabilitation is likely to be successful; and

S. 82(1)(c) inserted by No. 32/2019 s. 9(1)(b).

        (c)     in the case that the land or any part of the land is declared mine land, that the closure criteria that apply to the declared mine land have been met.

S. 82(2) amended by Nos 6/2009 s. 27(c), 68/2014 s. 51.

    (2)     If the land is private land the Minister must not return the bond or bonds to the holder or former holder of a mining licence or prospecting licence or the holder or former holder of an extractive industry work authority until after the owner of the land and the council in whose municipal district the land is situated have been consulted.

S. 82(3) inserted by No. 82/2000 s. 55, amended by Nos 6/2009 s. 27(d), 29/2011 s. 3(Sch.  1 item 60.3), substituted by No. 32/2019 s. 9(2).

    (3)     The Minister may, as a condition of returning a bond or bonds to an authority holder or a former authority holder, require that holder to enter a further rehabilitation bond if—

        (a)     any land or part of the land to which the bond relates has not been rehabilitated, or requires further rehabilitation; or

        (b)     in the case that the land or any part of the land to which the bond relates is declared mine land, it has not been rehabilitated, or requires further rehabilitation in accordance with the declared mine rehabilitation plan that applies to it.