Coal Mine Health and Safety Act 2002 No 129
96 Owners of land on which abandoned mines are situated may
be required to close shafts and outlets
(1) The Minister may cause to be served on the owner of land on which
is situated any shaft or outlet of an abandoned mine that is not fully sealed
or filled in a manner approved by the Chief Inspector, or provided with an
approved enclosure, barrier, plug or seal, a direction requiring the
(a) to fully seal or fill the shaft or outlet in a manner approved by
the Chief Inspector, or
(b) to provide the shaft or outlet with an enclosure, barrier, plug or
seal approved by the Chief Inspector,
within the period specified in the direction.
(2) A person to whom a direction is given under subsection (1) must
comply with the direction.
(3) If a person to whom a direction is given under subsection (1) does
not comply with the direction within the period specified in the direction,
the Minister may cause the work specified in the direction to be carried
(4) Any costs or expenses incurred by or on behalf of the Minister
under subsection (3) in carrying out any work specified in a direction given
under subsection (1) is a debt due to the Crown by the person to whom the
direction was given.
(5) In any proceedings instituted for the recovery from a person of a
debt due by that person to the Crown under subsection (4), a certificate of
the Minister that a specified amount is the amount of the debt so due is
evidence of that fact.
(6) A debt due by any person to the Crown under subsection (4) is
recoverable despite the fact that that person is convicted of an offence under
(7) A person to whom a direction is given under subsection (1), or any
person authorised by the Minister for the purposes of subsection (3), may,
upon giving reasonable notice to the occupier of the land, enter on or remain
on any land for the purpose of complying with the direction or with subsection
(3), as the case may require.
(8) This section does not apply to the owner of land on which is
(a) a mine abandoned before 26 March 1984, or
(b) a mine the subject of a mining lease granted under the Mining Act 1992 in respect of