34Recovery by Chief Executive in the case of unlawful mining operations

#### 34 Recovery by Chief Executive in the case of unlawful mining operations 34 Recovery by Chief Executive in the case of unlawful mining operations > > (1) In this section, unlawful mining operations means mining operations, in relation to coal, carried out by a person in contravention of— > > > > > (a) Part 2 of the [Mining Act 1992](/view/html/inforce/current/act-1992-029), or > > > > > (b) any condition of the authority under the [Mining Act 1992](/view/html/inforce/current/act-1992-029) (including conditions of any approvals required to be obtained under any such condition), or > > > > > (c) the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203). > > > (2) If improvements or goods experience subsidence damage caused by unlawful mining operations— > > > > > (a) any amount paid from the Fund to the owner of the improvements or goods in respect of the damage under section 7 (1) or in respect of the subsidence under section 7 (2) (a), or > > > > > (b) the cost of the execution of any work in respect of the damage under section 26 (1) (b), > > > > may be recovered in any court of competent jurisdiction as a debt due to the Crown from the person who carried out the unlawful mining operations. > > > (3) Any money recovered by the Chief Executive under subsection (2) is to be paid into the Fund. > > **s 34:** Am 2024 No 48, Sch 1\[47\].