Direction to comply with conditions of mineral right for protection of environment

(1) Where a mineral right over any land is wholly or partly determined or cancelled, or expires, the Minister may, by notice served on the person who is or was the last holder of the mineral right, direct him to take such steps, within such time as may be specified in the notice, to give effect, in relation to the land which is no longer subject to the mineral right, to any conditions included in the mineral right pursuant to sections 94 or 95. (2) Any person to whom a direction is given under sub- section (1) who, without reasonable excuse, fails or neglects to comply with the direction commits an offence and is liable on conviction– (a) in the case of an individual, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding three years, or to both such fine and term of imprisonment; or (b) in the case of a body corporate, to a fine not exceeding twenty-five thousand dollars. (3) If a person to whom a direction is given under sub- section (1) does not comply with the direction, the Minister may cause to be taken any steps specified in the notice containing the (4) Costs and expenses incurred pursuant to sub-section (3) in taking any steps referred to in that sub-section are a debt due to the Government and are recoverable through a court of competent jurisdiction. (5) In any proceedings instituted for the recovery from a person to whom a direction was given under sub-section (1) of a debt due by that person to the Government under sub-section 87 (4), a certificate of the Inspector that a specified amount is the amount of the debt due shall be received as evidence of that fact; but without prejudice to the right to adduce evidence in rebuttal. (6) A debt due by any person to the Government under sub- section (4) is recoverable notwithstanding that that person is convicted of an offence under sub-section (2). (7) Where two or more persons are joint holders of a mineral right, those persons are jointly and severally liable for the payment of any costs and expenses which may be recovered under this section from the person who is or was the last holder of the mineral right; but without prejudice to any right to contribution existing between them.