NSWIn ForceAct
Mining Act 1992
378ZEAdditional orders
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#### 378ZE Additional orders
378ZE Additional orders
> > (1) The court may do any one or more of the following—
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> > > (a) order the offender to take specified action to publicise the offence (including the circumstances of the offence) and its consequences and any other orders made against the person,
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> > > (b) order the offender to take specified action to notify specified persons or classes of persons of the offence (including the circumstances of the offence) and its consequences and of any orders made against the person (including, for example, the publication in an annual report or any other notice to shareholders of a company or the notification of persons aggrieved or affected by the offender’s conduct),
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> > > (c) order the offender to carry out a specified project for the rehabilitation of a current or former authorisation area,
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> > > (d) order the offender to carry out an audit of activities carried on by the offender,
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> > > (e) order the offender to pay a specified amount to the Derelict Mine Sites Fund for the purposes of a specified project for the rehabilitation of a current or former authorisation area,
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> > > (f) order the offender to attend, or to cause an employee or employees or a contractor or contractors of the offender to attend, a training or other course specified by the court,
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> > > (g) order the offender to establish, for employees or contractors of the offender, a training course of a kind specified by the court,
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> > > (h) order the offender to pay any royalty that is due and payable by the offender under this Act,
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> > > (i) if the Secretary is a party to proceedings, order the offender to provide to the Secretary and maintain a security deposit, in a form and amount, and on such terms (if any), specified by the court, if the court orders the offender to carry out a specified work or program for the restoration or enhancement of the environment.
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> > However, the Local Court is not authorised to make an order referred to in paragraph (c), (d), (e) or (i).
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> > (2) The court may, in an order under this section, fix a period for compliance and impose any other requirements the court considers necessary or expedient for enforcement of the order.
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> > (3) If the offender contravenes an order under subsection (1) (a) or (b), the prosecutor or a person authorised by the prosecutor may take action to carry out the order as far as may be practicable, including action to publicise or notify—
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> > > (a) the original contravention, its environmental and other consequences, and any other penalties imposed on the offender, and
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> > > (b) the contravention of the order.
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> > (4) The reasonable cost of taking action referred to in subsection (3) is recoverable by the prosecutor or person taking the action, in a court of competent jurisdiction, as a debt from the offender.
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> > (5) Sections 242C, 261F and 261G apply with respect to a security deposit provided under an order referred to in subsection (1) (i) as if it were provided under a security deposit condition.
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> **ss 378ZC–378ZE:** Ins 2008 No 19, Sch 1 \[258\].