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Designation of rehabilitation areas
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132. (1) The Minister, after consultation with the Minister for Housing, Planning, Community and Local Government, may, if the conditions in subsection (2) are met, by order designate any or all of the following as a rehabilitation area:
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(a) a mine site that has been abandoned, or in respect of which operations have permanently ceased, before or after the coming into operation of this Part;
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(b) any lands that are adjacent to a mine site referred to in paragraph (a) that are in need of rehabilitation as a result of the operations of the mine.
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(2) The conditions for making the designation are the following:
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(a) the rehabilitation of the mine site or adjacent land is necessary to ensure the health or safety of the public or animals or to address major environmental damage;
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(b) the rehabilitation of the mine site is complex due to a combination of factors, such as the presence of pollution or hazardous substances, the physical stability of the ground, the heritage significance of the land or structures and the ownership of the land; and
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(c) it is unlikely that the mine site or adjacent land will be rehabilitated within a reasonable time by the person who controls the site.
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