Mine Health and Safety Act 2004 No 74
Current version for 1 January 2014 to date (accessed 25 November 2014 at 03:12)
Part 8Section 105

105   Costs of enforcing stop work order

(1)  If a person on whom a stop work order is imposed does not comply with the order, within the period specified in the order, the Minister may cause work to be carried out for the purpose of stopping the work specified in the order or otherwise giving effect to the order.
(2)  Any costs or expenses incurred by or on behalf of the Minister under this section are a debt due to the Crown by the person who was carrying out or proposing to carry out the action to which the order relates.
(3)  In any proceedings instituted for the recovery from a person of a debt due by that person to the Crown under this section, a certificate of the Minister that a specified amount is the amount of the debt so due is evidence of that fact.
(4)  A debt due by any person to the Crown under this section is recoverable whether or not the person is convicted of an offence under section 106.
(5)  A person on whom a stop work order is imposed, or any person directed by the Minister to take action for the purposes of subsection (1), 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 of the Minister or with the stop work order, as the case may require.
(6)  A court that convicts a person of an offence under section 106 may, on the application of the prosecutor, order the person to pay to the Crown the amount that the court is satisfied the Crown is entitled to recover from the person under this section in respect of the failure to which the offence relates. Any amount paid by a person under such an order is taken to have been recovered from the person under subsection (2) and is to be dealt with accordingly.
(7)  For the purposes of subsection (6), a court that makes a finding that a person is guilty of an offence under section 106 without proceeding to a conviction is taken to have convicted the person of the offence.
(8)  For the purposes of this section, a stop work order is taken to have been imposed on the person or persons carrying out the action, or proposing to carry out the action, to which the order relates.
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