Minerals Development Act 2017
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Injunctions | ||
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197. (1) The High Court may, on the application of the Minister or an inspector, grant an injunction directing a person— | ||
(a) in the case of unauthorised working or prospecting for minerals that is being or is likely to be carried out or continued, to do or not to do or to cease to do anything, as the Court considers necessary, including to restore, so far as practicable, any land affected by the unauthorised working or prospecting to its condition prior to the commencement of the unauthorised activity, | ||
(b) in the case of the Minister being prevented from exercising the powers under section 100 (1) in respect of abandoned mines, to refrain from interfering with the exercise of those powers, | ||
(c) in the case of the Minister’s officers or agents being prevented from entering on any land for the purposes of determining if an area should be designated as a rehabilitation area under section 132 or for the purposes of preparing, adopting, revising or implementing a rehabilitation plan under section 139 , to refrain from interfering with such entry, and | ||
(d) in the case of the Minister’s officers or agents being prevented from implementing a rehabilitation plan, to refrain from interfering with the implementation. | ||
(2) The High Court may on the application of— | ||
(a) the Minister when the Minister is being prevented from acting under this Act, or | ||
(b) the licensee referred to paragraph (i) to (iii) when the licensee is being prevented from so acting, | ||
grant an injunction directing a person— | ||
(i) in the case of the Minister or a licensee under a prospecting licence or retention licence being prevented from entering land to prospect for minerals, to allow the entry and prospecting to take place, | ||
(ii) in the case of the Minister or a licensee under a mining licence being prevented from exercising an ancillary surface right that the Minister or the licensee is entitled to exercise, to refrain from interfering with that right, and | ||
(iii) in the case of a licensee under a mining licence being prevented from exercising an ancillary underground right, to refrain from interfering with that right. | ||
(3) The High Court may, on the application of the Minister, grant an injunction directing a licensee under a prospecting licence, retention licence, or mining licence who refuses to comply with a request for information from the Minister under this Act within the time specified or refuses to grant an inspector access to information, to provide the information or to grant access to it. |