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, or

(b) any condition of the authority under the Mining Act 1992 (including conditions of any approvals required to be obtained under any such condition), or

(c) the Environmental Planning and Assessment Act 1979.

(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].