27Emergency, urgent and temporary actions

#### 27 Emergency, urgent and temporary actions 27 Emergency, urgent and temporary actions > > (1) If the Chief Executive reasonably believes that— > > > > > (a) subsidence damage to the surface of land may cause danger to a member of the public, the Chief Executive may take the following actions to eliminate or minimise the danger— > > > > > > > (i) for subsidence damage caused by an active coal mine—direct the proprietor of the coal mine to fill in or fence off the land or take other necessary action, > > > > > > > (ii) fill in or fence off the land or take other necessary action, > > > > > > > (iii) direct persons to evacuate the land, > > > > > > > (iv) arrange temporary accommodation for persons evacuated from the land, and > > > > > (b) improvements or goods have experienced subsidence damage and urgent repairs are required to ensure the continued use of the improvement, the Chief Executive may— > > > > > > > (i) for subsidence damage caused by an active coal mine—direct the proprietor of the coal mine to carry out urgent repairs, or > > > > > > > (ii) for subsidence damage caused by a non-active coal mine—carry out urgent repairs, and > > > > > (c) improvements or goods have experienced subsidence damage and further subsidence is likely to occur, the Chief Executive may— > > > > > > > (i) for subsidence damage caused by an active coal mine—direct the proprietor of the coal mine to carry out temporary repairs, or > > > > > > > (ii) for subsidence damage caused by a non-active coal mine—carry out temporary repairs and defer payments for claims for subsidence damage to the improvements or goods until the Chief Executive is satisfied that the subsidence has settled or is unlikely to recur within a reasonable period. > > > (2) The proprietor of the coal mine must comply with a direction under this section. > > > > Maximum penalty— > > > > > (a) in the case of an individual—2,365 penalty units, or > > > > > (b) in the case of a corporation—11,820 penalty units. > > > > Note. > > > > Under section 380A of the [Mining Act 1992](/view/html/inforce/current/act-1992-029), decision-makers may take contraventions of this Act into consideration in determining whether a person is a fit and proper person under that Act. > > > (3) If, in the opinion of the Chief Executive, a proprietor of an active coal mine fails to comply with a direction under this section, the Chief Executive may carry out the necessary action or urgent or temporary repairs as if the Chief Executive were the proprietor of the coal mine. > > > (4) In exercising a function under subsection (3), the Chief Executive may— > > > > > (a) make a payment from the Fund, and > > > > > (b) recover the amount of the payment from the proprietor as a debt due to the Crown. > > > (4A) If a person, other than the proprietor of an active coal mine, incurs expenses as a result of actions taken under subsection (1)(a)–(c), the Chief Executive may make a payment from the Fund to reimburse the person for the expenses incurred. > > > (4B) The Chief Executive may recover an amount paid to a person under subsection (4A) from the proprietor of an active coal mine as a debt due to the Crown if, in the Chief Executive’s opinion, the actions referred to in subsection (4A) were necessary to eliminate or minimise danger caused by, or in connection with, subsidence damage caused by the active coal mine. > > > (4C) The Chief Executive may make a payment from the Fund to reimburse a public authority for expenses incurred by the public authority if the Chief Executive is satisfied— > > > > > (a) the expenses were incurred by the public authority when carrying out works to repair subsidence damage to land, improvements or goods, and > > > > > (b) the repairs were necessary to ensure the continued use of the land, improvements or goods. > > > (5) The Chief Executive may exercise a function under this section on the request of a person or on the Chief Executive’s own motion. > > > (6) The Chief Executive is to pay any amounts recovered under this section into the Fund. > > > (7) In this section— > > > > public authority means— > > > > > (a) a public authority or local authority constituted by or under an Act, or > > > > > (b) a Public Service agency, or > > > > > (c) a statutory body representing the Crown, or > > > > > (d) a statutory State owned corporation or its subsidiaries within the meaning of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134), or > > > > > (e) a chief executive officer of a corporation or subsidiary referred to in paragraph (d), or > > > > > (f) a council within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030). > > **s 27:** Am 2024 No 48, Sch 1\[37\]–\[42\].