Part 5Rehabilitation and compensation

Part 5—Rehabilitation and compensation 35—Rehabilitation of land (1) An authorised person may, by notice in writing to the holder of a precious stones tenement that is outside a precious stones field, direct the holder of the tenement to rehabilitate land within the tenement that has been disturbed by mining operations to a condition that is, in the opinion of an authorised person, satisfactory. (2) A notice under subsection (1)— (a) may specify the action to be taken by the person, and specify the period within which it must be taken; and (b) may relate or extend to mining operations carried out on the land before the tenement was pegged out or registered; and (c) may relate or extend to mining operations carried out by another person on the land; and (d) may be issued at any time (including after a tenement has come to an end). (3) A person to whom a notice is issued under this section must comply with the notice. (4) The Minister may order that no other area may be pegged out for a tenement by a person named in a notice until the person has complied with the notice. (5) A person must not contravene an order under subsection (4). (6) If the requirements of a notice are not carried out, an authorised person may cause the requirements to be carried out. (7) The Director may recover the costs and expenses reasonably incurred in taking action under subsection (6) from the person who failed to comply with the notice, as a debt. (8) A person may, at any reasonable time, enter and remain on land for the purposes of rehabilitating the land under this section, and may take appropriate action on the land in order to comply with an order under this section. (9) An authorised person may, with the approval of the Director, vary a notice previously given under this section. (10) An obligation on the holder of a tenement to rehabilitate land is not affected by the tenement lapsing or being cancelled. (11) In this section— holder of a mining tenement includes a former holder of a tenement; precious stones tenement includes a tenement the registration of which has lapsed or been cancelled. 35A—Compliance directions (1) The Minister may issue a direction under this section (a compliance direction) for the purpose of— (a) securing compliance with a requirement under this Act, a tenement (including a term or condition of a tenement) or any authorisation or direction under or in relation to a tenement; or (b) preventing or bringing to an end specified operations that are contrary to this Act or a tenement (including a term or condition of a tenement); or (c) without limiting any other provision, requiring the rehabilitation of land on account of any operations carried out without an authority required by this Act; or (d) requiring the taking of any action that, in the opinion of the Minister, is required to ensure public safety. (2) A compliance direction— (a) must be in the form of a notice in writing given to the person to whom the direction is issued; and (b) must— (i) specify the person to whom it is issued (whether by name or by description sufficient to identify the person); and (ii) specify the grounds on which it is issued; and (c) may impose any requirement reasonably required for the purpose for which the direction is issued including 1 or more of the following: (i) a requirement that the person discontinue, or not commence, specified operations indefinitely or for a specified period or until further notice from the Minister; (ii) a requirement that the person not carry on specified operations except at specified times or subject to specified conditions; (iii) a requirement that the person take specified action within a specified period. (3) The Minister may, by notice in writing given to the person to whom a compliance direction is issued, vary or revoke the direction. (4) A person to whom a compliance direction relates must comply with a direction under this section within the time allowed in the direction. Maximum penalty: $250 000. 35B—Contravention of Act The Minister or an authorised officer may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in a direction under this Part a requirement for an act or omission that might otherwise constitute a contravention of this Act and, in that event, a person incurs no liability to a penalty under this Act for compliance with the requirement. 36—Bonds (1) The Minister may, by notice in writing to an applicant for the registration of, or the holder of, a precious stones tenement that is outside a precious stones field, require the person to enter into a bond under this section. (2) The Minister may determine the amount, form and terms of the bond taking into account— (a) liabilities that the relevant person may incur in the course of mining operations; and (b) the present or future obligations that the relevant person may incur for the rehabilitation of land. (3) The Minister may require security for the satisfaction of the bond in accordance with a determination of the Minister. (4) The Minister may, by notice in writing to the holder of a tenement, require that the amount, form or terms of a bond, or the security for a bond, be varied. (5) A variation under subsection (4) may include the addition or substitution of terms. (6) A person to whom a notice is issued under this section must comply with the notice within 30 days after service of the notice. (7) A bond must be lodged with the Opal Mining Registrar. (9) The Opal Mining Registrar may delay the registration of a tenement until a bond is lodged. (10) A person who has been required to enter into a bond must not carry out mining operations on the relevant land, or must cease mining operations on the relevant land, until the bond is lodged with the Opal Mining Registrar. (11) The Minister or an authorised person may prohibit mining operations on land until a person complies with a requirement under this section. (12) A person must not contravene a prohibition under subsection (11). 37—Application of bonds (1) If a person fails to fulfil an obligation under a tenement, fails to rehabilitate land within a tenement (or former tenement), or acts (or omits to act) so as to breach a term of a bond, the Minister may determine that an amount under a bond entered into by the person is forfeited under this section. (2) The amount is forfeited to the Crown (to be held by the Minister). (3) The forfeited amount may, at the discretion of the Minister, be applied— (a) towards the rehabilitation of land in the relevant tenement; (b) in respect of liabilities incurred on account of mining operations on the land. (4) If— (a) a tenement in respect of which a bond has been lodged lapses or is cancelled; and (b) the Opal Mining Registrar is satisfied that it is appropriate to do so, the Opal Mining Registrar may return the bond to the holder of the tenement. 38—Compensation (1) The owner of land on which mining operations are carried out is entitled to receive compensation for economic loss, hardship or inconvenience suffered on account of the mining operations. (2) The compensation will be payable by— (a) if the land is subject to a tenement at the time of the mining operations—the holder of the tenement (even if the holder of the tenement did not carry out the mining operations); and (b) in all cases—the person who carries out the mining operations. (3) The holder of a tenement who is required to pay compensation on account of mining operations carried out by another person is entitled, subject to an agreement between the parties, to recover from the other person an amount equal to the amount of the compensation. (4) In determining the compensation payable under this section, the following matters must be considered: (a) damage caused to the land by the mining operations; and (b) loss of productivity or profits as a result of the mining operations; and (c) other relevant matters. (5) The amount of the compensation will be an amount determined by agreement between the owner and the person by whom the compensation is payable or, in default of agreement, an amount determined, on application by an interested party, by the appropriate court. (6) The appropriate court, in determining compensation under this section, must take into consideration any work that a mining operator has carried out, or undertakes to carry out, to rehabilitate the land. (7) On the hearing of an application for compensation under this section, the appropriate court may order a mining operator to carry out specified work to rehabilitate the land.