sec.61Responsibility for protecting abandoned mines

### sec.61 Responsibility for protecting abandoned mines If a mine is abandoned, the person who was the operator for the mine immediately before the abandonment must ensure at the time of abandonment that the abandoned mine is safe and made secure. Maximum penalty—800 penalty units. If the operator does not comply with subsection (1) , the holder for the mine must ensure the abandoned mine is safe and made secure. Maximum penalty—800 penalty units. Without limiting subsection (1) or (2) , while the holder is the holder for the mine, the holder must ensure the mine is safe and made secure. Maximum penalty—800 penalty units. If an abandoned mine is not safe and made secure, the CEO may make it safe and secure and recover the cost of making it safe and secure from the person with the obligation to ensure the mine is safe and made secure. A conviction under this section with or without penalty does not affect the CEO’s ability to recover the cost of making the mine safe and secure. In this section— environmental authority see the Environmental Protection Act 1994 , schedule 4 . holder , for a mine, includes the holder of an environmental authority to carry out operations for land on which the mine is located. s 61 amd 2016 No. 32 s 37 ; 2020 No. 10 s 139 sch 2 (sec.61-ssec.1) If a mine is abandoned, the person who was the operator for the mine immediately before the abandonment must ensure at the time of abandonment that the abandoned mine is safe and made secure. Maximum penalty—800 penalty units. (sec.61-ssec.2) If the operator does not comply with subsection (1) , the holder for the mine must ensure the abandoned mine is safe and made secure. Maximum penalty—800 penalty units. (sec.61-ssec.3) Without limiting subsection (1) or (2) , while the holder is the holder for the mine, the holder must ensure the mine is safe and made secure. Maximum penalty—800 penalty units. (sec.61-ssec.4) If an abandoned mine is not safe and made secure, the CEO may make it safe and secure and recover the cost of making it safe and secure from the person with the obligation to ensure the mine is safe and made secure. (sec.61-ssec.5) A conviction under this section with or without penalty does not affect the CEO’s ability to recover the cost of making the mine safe and secure. (sec.61-ssec.6) In this section— environmental authority see the Environmental Protection Act 1994 , schedule 4 . holder , for a mine, includes the holder of an environmental authority to carry out operations for land on which the mine is located.