5Certain action may be taken by Crown

5 Certain action may be taken by Crown

(1)  After the commencement of this section and until the commencement of section 8 , the Crown may take action against the Company in respect of any contamination, pollution or other harm to the environment which has resulted or may result from the Savage Project –

(a) for the purpose of requiring compliance with an instrument specified in Schedule 1 , except to the extent that such compliance has been waived in writing by the Director either before or after the commencement of this section having regard to –

(i) the completion of the Savage Project; or

(ii) any agreement between the Company and the Crown under which particular works are to be carried out by the Company in connection with the completion of the Savage Project; or

(iii) the intention that mining and processing activities at Savage River and Port Latta are to resume under another operator after the completion of the Savage Project; or

(b) in relation to any contamination, pollution or harm to the environment which is caused or is likely to be caused by any act or omission of the Company after the commencement of this section and which –

(i) is not an ordinary or probable consequence of contamination, pollution or harm to the environment which is in existence at the commencement of this section; and

(ii) is not an ordinary or probable consequence of works carried out pursuant to and in accordance with any agreement between the Crown and the Company in connection with the completion of the Savage Project; and

(iii) is, or is likely to give rise to, serious environmental harm, or material environmental harm, within the meaning of the Environmental Management and Pollution Control Act 1994 .

(2)  This section ceases to have effect on 30 April 1997 if section 8 has not commenced by that date.