18Failure of proprietor of coal mine to comply with Act

#### 18 Failure of proprietor of coal mine to comply with Act 18 Failure of proprietor of coal mine to comply with Act > > (1) If, in the opinion of the Chief Executive, a proprietor of a coal mine fails to respond to a claim under this Act in accordance with the approved procedures, the Chief Executive may respond to the claim and deal with the claim as if the Chief Executive were the proprietor of the coal mine. > > > (2) (Repealed) > > > (3) In exercising a function under subsection (1), the Chief Executive may— > > > > > (a) make a payment to the claimant from the Fund, and > > > > > (b) recover the amount of the payment from the proprietor as a debt due to the Crown. > > > (4) If, in the opinion of the Chief Executive, a proprietor of a coal mine fails to make a payment to a claimant as required by this Act, the Chief Executive— > > > > > (a) is to make the payment to the claimant from the Fund, and > > > > > (b) may recover the amount of the payment from the proprietor as a debt due to the Crown. > > > (5) Unless the Chief Executive is of the opinion that exceptional circumstances exist, the Chief Executive must not take action under this section in relation to a claim that is pending but has not been finally determined under this Act. > > > (6) Before taking action under this section, the Chief Executive must— > > > > > (a) give the proprietor of the coal mine concerned at least 21 days notice of the proposed action, and > > > > > (b) invite the proprietor to make submissions regarding that proposed action, and > > > > > (c) consider any submission received from the proprietor within that 21-day period. > > > (7) The Chief Executive is to pay any amounts recovered under this section into the Fund. > > **s 18:** Am 2024 No 48, Sch 1\[22\] \[23\].