sec.70Responsibility for protecting abandoned coal mines

### sec.70 Responsibility for protecting abandoned coal mines If a coal mine is abandoned, the person who was the coal mine operator for the mine immediately before the abandonment must ensure at the time of abandonment that the abandoned coal mine is safe and made secure. Maximum penalty—800 penalty units. If the coal mine operator does not comply with subsection (1) , the holder for the coal mine must ensure the abandoned coal mine is safe and made secure. Maximum penalty—800 penalty units. Without limiting subsection (1) or (2) , while the holder is the holder for the coal mine the holder must ensure the mine is safe and made secure. Maximum penalty—800 penalty units. If an abandoned coal mine is not safe and made secure, the CEO may make it safe and secure and recover the cost of making it safe and secure from the person with the obligation to ensure the mine is safe and made secure. A conviction under this section, with or without penalty, does not affect the CEO’s ability to recover the cost of making the mine safe and secure. In this section— environmental authority see the Environmental Protection Act 1994 , schedule 4 . holder , for a coal mine, includes the holder of an environmental authority to carry out on-site activities for land on which the coal mine is located. s 70 amd 2016 No. 32 s 19 ; 2020 No. 10 s 139 sch 2 (sec.70-ssec.1) If a coal mine is abandoned, the person who was the coal mine operator for the mine immediately before the abandonment must ensure at the time of abandonment that the abandoned coal mine is safe and made secure. Maximum penalty—800 penalty units. (sec.70-ssec.2) If the coal mine operator does not comply with subsection (1) , the holder for the coal mine must ensure the abandoned coal mine is safe and made secure. Maximum penalty—800 penalty units. (sec.70-ssec.3) Without limiting subsection (1) or (2) , while the holder is the holder for the coal mine the holder must ensure the mine is safe and made secure. Maximum penalty—800 penalty units. (sec.70-ssec.4) If an abandoned coal mine is not safe and made secure, the CEO may make it safe and secure and recover the cost of making it safe and secure from the person with the obligation to ensure the mine is safe and made secure. (sec.70-ssec.5) A conviction under this section, with or without penalty, does not affect the CEO’s ability to recover the cost of making the mine safe and secure. (sec.70-ssec.6) In this section— environmental authority see the Environmental Protection Act 1994 , schedule 4 . holder , for a coal mine, includes the holder of an environmental authority to carry out on-site activities for land on which the coal mine is located.