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 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) 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.