61Disposal of waste products

#### 61 Disposal of waste products 61 Disposal of waste products > > (1) The Minister may, by order published in the Gazette, declare an underground mine working to be a disused underground mine working for the purposes of this section. > > > (2) Subject to compliance with the requirements of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) and the obtaining of any necessary statutory approvals, the Corporation may deposit and leave waste products from its sewerage treatment plants in a disused underground mine working despite the fact that the waste products within the mine working may pass beneath land that is not owned by the Corporation. > > > (3) The exercise by the Corporation of a power conferred on it by this section does not constitute a trespass to land unless it results in loss or damage to the owner or occupier of the land that manifests itself in some physical way. > > > (4) A person’s legal rights and remedies are not affected by any power conferred on the Corporation by this section, except as provided by subsection (3). > > > (5) An action that was disallowed by the operation of subsection (3) (as in force before the commencement of the [Hunter Water Board (Corporatisation) Amendment Act 1992](/view/pdf/asmade/act-1992-77)) is allowed after the commencement of that Act. Proceedings for such an action may be taken as if the relevant cause of action accrued on the commencement of the Act. > > **s 61:** Am 1992 No 77, sec 3.