37Closure, suspension or abandonment of mine or petroleum site

37 Closure, suspension or abandonment of mine or petroleum site

37 Closure, suspension or abandonment of mine or petroleum site

(1) If the operator of a mine or petroleum site closes the mine or petroleum site, the operator must, at the time of the closure, ensure as far as reasonably practicable that the mine or petroleum site is safe, including by being secure against unauthorised entry by a person.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(2) If mining activities or petroleum activities at a mine or petroleum site are suspended, the operator must, as far as reasonably practicable, ensure the mine or petroleum site is safe, including by being secure against unauthorised entry by a person during the period of suspension.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(3) For subsection (1) or (2), a mine or petroleum site is not secure against unauthorised entry by a person unless every shaft or outlet to the mine or petroleum site—

(a) is permanently sealed or filled, or

(b) is provided with a barrier that is properly maintained.

(4) The operator of a mine or petroleum site must not abandon the mine or petroleum site.

Maximum penalty—

(a) for an individual—60 penalty units, or

(b) for a body corporate—300 penalty units.

(5) In this section—

operator of—

(a) a mine includes the mine holder of the mine, or

(b) a petroleum site includes the petroleum site holder of the petroleum site.