Minerals Development Act 2017

Authorisation of persons to exercise functions of rehabilitation authority

135. (1) The Minister may authorise any person in writing to exercise all or any of the functions of the rehabilitation authority under this Part in respect of any rehabilitation area and that person, when exercising those functions, shall be deemed to be the rehabilitation authority for the purposes of this Part.

(2) The Minister shall not authorise a local authority to exercise any of the functions referred to in subsection (1), without the prior written agreement of the Minister for Housing, Planning, Community and Local Government.

(3) An authorisation under this section to exercise any of the functions referred to in subsection (1) granted to any person other than a local authority or the Environmental Protection Agencyis subject to the condition that the person so authorised shall indemnify the Minister and the State against any claim or demand arising out of any act or omission of the person or the person’s officers, employees, agents or contractors in relation to the exercise of those functions.

(4) An authorisation under this section may contain such other terms and conditions as the Minister considers appropriate and the person authorised shall comply with such terms and conditions.

(5) Without prejudice to the generality of subsection (3), the indemnity referred to in that subsection includes all claims for damage to land and to minerals, houses, buildings, equipment and machinery and claims arising from personal injuries or death suffered by the officers, employees, agents or contractors of an authorised person, owners and any other person.

(6) A person shall not prepare, adopt, revise or implement a rehabilitation plan in respect of a rehabilitation area unless he or she has been authorised to do so by the Minister under subsection (1).