Division 1 Methods or systems of working mines

86   Barriers and protective pillars

(1)  The operator of a coal operation that is a mine must not mine or cause to be mined any seam of coal in the mine without leaving a barrier of the specified width:

(a)  against the external boundaries of the colliery holding in which the mine is situated, and

(b)  against any outcrop of the seam, and

(c)  between any underground workings and any open cut working situated within the colliery holding in which the mine is situated.

(2)  For the purposes of subsection (1), the specified width is 20 metres or any other distance that the Minister may specify in a direction given to the operator of the coal operation.

(3)  In giving a direction under subsection (2), the Minister:

(a)  may fix the width of a barrier in respect of any seam or portion of a seam within a mine and specified in the direction or in respect of all the seams within a mine or all seams within a mine other than those so specified, and

(b)  must so fix the width of a barrier in respect of any seam so that a barrier of not less than 40 metres must be maintained between workings of adjacent mines.

(4)  A person must not fail to comply with a direction under this section.

87   Minister may give directions regarding barriers and pillars

(1)  The Minister may direct the operator of a coal operation:

(a)  to leave in any mine that forms part of the coal operation a barrier of the width that is specified in the direction against the mean high water mark of tidal waters, and

(b)  to leave in the mine that forms part of the coal operation a protective pillar of the dimensions that are specified in the direction against surface improvements or features, whether natural or artificial, including mine workings, whether discontinued or otherwise.

(2)  In giving a direction under subsection (1), the Minister:

(a)  may fix the width of a barrier in respect of any seam or portion of a seam within a mine and specified in the direction or in respect of all the seams within a mine or all seams within a mine other than those so specified, and

(b)  must so fix the width of a barrier in respect of any seam so that a barrier of not less than 40 metres must be maintained between workings of any mine adjoining the mine.

(3)  An operator must not fail to comply with a direction given to the operator under this section.

88   Minister may direct carrying out of works

(1)  If any workings in a mine encroach on any barrier or protective pillar required to be provided pursuant to:

(a)  this Division, or

(b)  any conditions contained in any lease granted under the Mining Act 1992 or any licence granted under the Offshore Minerals Act 1999,

      the Minister may, if of the opinion that it is necessary to do so in order to ensure the safety of people working in the mine or in any mine adjoining the mine, direct the operator to carry out any works that the Minister thinks fit within the time specified in the direction.

(2)  An operator must not fail to comply with a direction given to the operator under this section.

(3)  This section applies whether the lease or licence is granted before or after the commencement of this section.

89   Minister may grant approval to mine barrier or pillar

(1)  The Minister may grant approval, subject to any conditions that the Minister considers necessary, to the operator of a coal operation to mine any barrier or protective pillar provided pursuant to this Division.

(2)  An operator must not fail to comply with a condition of an approval given to the operator under this section.

90   Penalty for offence against this Division

An operator of a coal operation who contravenes, whether by act or omission, a provision of this Division is guilty of an offence against that provision.

Maximum penalty:

(a)  in the case of a corporation (being a previous offender)—3,750 penalty units, or

(b)  in the case of a corporation (not being a previous offender)—2,500 penalty units, or

(c)  in the case of an individual (being a previous offender)—375 penalty units, or

(d)  in the case of an individual (not being a previous offender)—250 penalty units.