Sections 140 and
141 are repealed and the following section is inserted instead —
“
140. Judgments, enforcement of
(1) In this
section —
“judgment” includes an order,
direction or decision.
(2) A person to whom
money is to be paid under a judgment of a warden’s court may enforce it
by lodging a copy of it, certified by the mining registrar, and an affidavit
stating to what extent it has not been complied with, with a court of
competent jurisdiction.
(3) If, or to the
extent that, a judgment of a warden’s court does not require the payment
of money, a person entitled to the benefit of the judgment may enforce it by
lodging a copy of it, certified by the mining registrar, and an affidavit
stating to what extent it has not been complied with, with the Magistrates
Court.
(4) A judgment that is
lodged with another court under subsection (2) or (3) is to be taken to
be a judgment of the other court and may be enforced accordingly.
(5) For the purposes
of Part 5 Division 1 of the Civil Judgments Enforcement Act 2004 ,
a judgment of a warden’s court for the delivery by a person of
possession of any mining tenement or minerals to another is to be taken to be
a judgment requiring the person to give possession of real or personal
property to the other person.
”.