(1)  When closing or abandoning a mine, the person who was the mine operator immediately before the closure or abandonment must ensure that the mine is safe and made secure.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding $13 000; and

(b) an individual, a fine not exceeding $6 500.

(2)  If a mine that is closed or abandoned after 28 February 2011 is not safe and made secure, the Chief Inspector of Mines may –

(a) make it safe and secure; and

(b) recover the cost of making it safe and secure from the person referred to in subregulation (1) .

(3)  The Chief Inspector of Mines may recover costs under subregulation (2) in relation to a mine whether or not a mine operator is convicted, with or without penalty, of an offence against this regulation in relation to the mine.