MINING ACT 1978 - SECT 140

MINING ACT 1978 - SECT 140

140 .         Judgments, enforcement of

        (1)         In this section —

        judgment includes an order, direction or decision.

        (2)         A person to whom money is to be paid under a judgment of a warden’s court may enforce it by lodging a copy of it, certified by the mining registrar, and an affidavit stating to what extent it has not been complied with, with a court of competent jurisdiction.

        (3)         If, or to the extent that, a judgment of a warden’s court does not require the payment of money, a person entitled to the benefit of the judgment may enforce it by lodging a copy of it, certified by the mining registrar, and an affidavit stating to what extent it has not been complied with, with the Magistrates Court.

        (4)         A judgment that is lodged with another court under subsection (2) or (3) is to be taken to be a judgment of the other court and may be enforced accordingly.

        (5)         For the purposes of Part 5 Division 1 of the Civil Judgments Enforcement Act 2004 , a judgment of a warden’s court for the delivery by a person of possession of any mining tenement or minerals to another is to be taken to be a judgment requiring the person to give possession of real or personal property to the other person.

        [Section 140 inserted: No. 59 of 2004 s. 115.]

[ 141.         Deleted: No. 59 of 2004 s. 115.]