153.2  (1) If a proponent is subject to a court order or an order under this Part, the Director may, (a) register the order against the land or lands comprising the site in the proper land registry office prohibiting any person with an interest in the land from dealing with it without the Director’s consent; and (b) may apply to a judge of the Superior Court of Justice for an injunction preventing the sale of the land or lands comprising the site, including any buildings, structures, machinery, chattels or personal property on the site.  1996, c. 1, Sched. O, s. 28; 2000, c. 26, Sched. M, s. 17; 2017, c. 8, Sched. 17, s. 7 (1); 2023, c. 6, s. 22 (1). Transfer of lease, licence (2)  If the proponent who is subject to an order referred to in subsection (1) is a lessee or the holder of a licence of occupation, the Director may recommend that the Minister not consent to the transfer of the lease or licence.  1996, c. 1, Sched. O, s. 28. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 153.2 (2) of the Act is amended by striking out “the Director may recommend that the Minister not consent to the transfer of the lease or licence” at the end and substituting “the Minister may, on that basis, refuse to consent to the transfer of the lease or licence”. (See: 2023, c. 6, s. 22 (2)) No abandonment of mining claim (3)  Despite section 70, if the proponent is the holder of a mining claim on which a mine hazard has been created by the proponent or a mine hazard created by others prior to the registration of the claim has been materially disturbed or affected by the proponent after the registration of the claim, and the Director has reasonable grounds for believing that the proponent has failed to rehabilitate such a mine hazard in accordance with a filed closure plan or, where no closure plan has been filed, with the prescribed standards for rehabilitation, the Director may order the proponent to comply with the filed closure plan or to rehabilitate such a mine hazard in accordance with the prescribed standards, as applicable, and the proponent shall not abandon the mining claim.  1996, c. 1, Sched. O, s. 28; 2017, c. 6, Sched. 2, s. 72; 2019, c. 14, Sched. 7, s. 11 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of subsection 153.2 (3) of the Act is amended. (See: 2023, c. 6, s. 22 (3)) Realization of security (4)  If a proponent fails to comply with an order referred to in subsection (3), the Director may, (a) realize on the financial assurance under section 145 if the proponent is subject to a closure plan; Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 153.2 (4) of the Act is amended by striking out clause (a) and the portion before clause (a) and substituting the following: (See: 2023, c. 6, s. 22 (4)) Realization of security (4) If a proponent fails to comply with an order referred to in subsection (3), the Minister may, (a) realize on the financial assurance under section 146 if the proponent is subject to a closure plan; (b) have the Crown or an agent of the Crown carry out rehabilitation measures in accordance with the prescribed standards if the proponent is not subject to a closure plan.  1996, c. 1, Sched. O, s. 28. Continuing offence (5)  Failure to comply with an order under this Part constitutes an offence that continues for each day during which the failure continues.  1996, c. 1, Sched. O, s. 28; 2017, c. 8, Sched. 17, s. 7 (1); 2023, c. 6, s. 22 (5). Transfer of closure plan (6) A proponent may transfer a filed closure plan to another person if the Director has consented in writing to the transfer and the transfer is carried out in accordance with such terms and conditions as the Director specifies in writing. 2019, c. 14, Sched. 7, s. 11 (2). Deemed amendment (7) If a filed closure plan is transferred in accordance with subsection (6), an amendment to the closure plan indicating the transfer shall be deemed to have been filed. 2023, c. 6, s. 22 (6). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 28 - 30/06/2000 2000, c. 26, Sched. M, s. 17 - 26/12/2000 2017, c. 6, Sched. 2, s. 72 - 10/04/2018; 2017, c. 8, Sched. 17, s. 7 (1) - 01/04/2018 2019, c. 14, Sched. 7, s. 11 (1, 2) - 01/04/2021 2023, c. 6, s. 22 (1, 5, 6) - 21/07/2023; 2023, c. 6, s. 22 (2-4), 28 (1) - not in force