Western Australian Numbered Acts

MINING LEGISLATION AMENDMENT ACT 2014 (NO. 4 OF 2014) - SECT 11

11 .         Section 9A inserted

                At the end of Part 2 insert:

9A.         Liability for rehabilitation costs

        (1)         In this section —

        declaration day , in relation to land declared to be an abandoned mine site, means the day on which the notice under section 9(1) for that land came into operation.

        (2)         Subsection (3) applies if money is applied under section 8(1)(a) or (2)(a) to fund the rehabilitation of land that is an abandoned mine site affected by mining operations.

        (3)         Each person who, on declaration day for the land, was liable to comply with an obligation —

            (a)         under or in relation to the mining authorisation under which the mining operations were carried out; and

            (b)         requiring the rehabilitation of the land,

                is jointly and severally liable to pay to the Fund the amount applied.

        (4)         An amount payable under subsection (3) may be recovered by the CEO in a court of competent jurisdiction as a debt due to the State.