Mineral and Energy Resources (Financial Provisioning) Act 2018
sec.6Act does not affect other rights or remedies
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sec.6 Act does not affect other rights or remedies
This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise. Without limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached. In addition, a breach of an obligation under this Act does not of itself give rise to an action for breach of statutory duty or another civil right or remedy. To remove any doubt, it is declared that nothing in this Act creates an obligation on the State to take action, or incur costs and expenses, to— prevent or minimise environmental harm or rehabilitate or restore the environment, in relation to the carrying out of an activity under an authority or small scale mining tenure; or secure compliance with an authority or small scale mining tenure. (sec.6-ssec.1) This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise. (sec.6-ssec.2) Without limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached. (sec.6-ssec.3) In addition, a breach of an obligation under this Act does not of itself give rise to an action for breach of statutory duty or another civil right or remedy. (sec.6-ssec.4) To remove any doubt, it is declared that nothing in this Act creates an obligation on the State to take action, or incur costs and expenses, to— prevent or minimise environmental harm or rehabilitate or restore the environment, in relation to the carrying out of an activity under an authority or small scale mining tenure; or secure compliance with an authority or small scale mining tenure.
- (a) prevent or minimise environmental harm or rehabilitate or restore the environment, in relation to the carrying out of an activity under an authority or small scale mining tenure; or
- (b) secure compliance with an authority or small scale mining tenure.