Section 35, 62 of the Environmental Protection Act, 2008, the Board hereby makes

(1) If the holder of a mineral right defaults in theperformance of its closure obligations and such default is not caused by an event of force majeure affecting the holder of the mineral right, the Board shall levy a fine on the environmental licence holder and require him to comply with such obligations within such period of time as the Board may consider appropriate. (2) Where the infringed closure obligations are not implemented by the end of the term referred to in sub-regulation (1), the Board shall execute in full or part, as appropriate, the financial assurance and the Board shall retain a specialized engineering or environmental firm to implement the closure obligations in default, whose costs will be reimbursed by the defaulting mineral right holder. (3) In the event of a second offence the environmental licence shall be suspended. (4) Where the amount of the financial assurance is insufficient to fully implement the closure obligations, the holder of the mineral right shall pay the amount that is required to complete the closure works, to a special financial assurance account managed by the Board. (5) The amount referred to in sub-regulation (4) and the reimbursable amounts indicated in sub-regulation (2), plus interest, legal costs and any enforcement costs in relation thereto, shall be recoverable by summary judgement if the holder of the mineral right fails to pay such money to the special financial assurance account within the term established by the Board.