Coal Mine Health and Safety Act 2002 No 129
Current version for 1 January 2014 to date (accessed 20 December 2014 at 02:12)

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 owner:
(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 out.
(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 subsection (2).
(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 situated:
(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 coal.
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