There are many avenues
for potential liability facing the Mining Industry today. Liability for breaches
of environmental statutes such as the Resource Management Act 1991 and the
Hazardous Substances and New Organisms Act 1997 include not only financial
penalties but imprisonment and perhaps even more significantly will affect the
reputation of the Industry. The potential for liability is not restricted to the
employees that cause the act's to which liability attaches, but also potentially
affects all the levels of management and even the company itself. There is also
potential for liability through common law actions which can be utilised in
cases of environmental harm. These should not be ignored by the Mining Industry.
The Mining Industry must take a proactive approach to minimise exposure to
potential environmental liability. This can be achieved by undertaking
comprehensive environmental management initiatives and
policies.