120J. Review of direction
(1) A mining tenement holder to whom a direction is issued, or the holder's agent, may request a review of the decision to issue that direction, or of the terms of that direction, by delivering a request in writing within 7 days of the receipt of that direction, to the State Mining Engineer, setting out the reasons for the request.
(2) A mining tenement holder is not bound by a direction while a review of the direction is being sought or determined.
(3) When reviewing a direction, the State Mining Engineer may take into account any active measures that have been taken by the mining tenement holder which result in substantial compliance with the direction and the State Mining Engineer may extend the time period for compliance with the direction if the State Mining Engineer is of the opinion that measures already taken by the mining tenement holder will be completed within the extended time period.
(4) Upon the review of a direction, the State Mining Engineer is to determine that review by ¾
(a) confirming the decision to issue a direction and confirming the terms of that direction, giving a new period for compliance;
(b) confirming the decision to issue a direction but modifying the terms of that direction, giving a new period for compliance; or
(c) revoking the direction.
[Regulation 120J inserted in Gazette 24 June 1994 pp.2935-6.]