New South Wales Consolidated Acts

COAL INDUSTRY ACT 2001 - SECT 12

12 Powers relating to health of mine workers

(1) If an approved company is of the opinion that the health of workers at a coal mine is endangered, or is likely to be endangered, by any conditions at the mine or methods in operation at the mine, the approved company may, by notice in writing, require the owner or manager of the mine to do or refrain from doing such things specified in the notice as are necessary to protect the health of the workers.

(2) An owner or manager of a coal mine must not, without reasonable excuse, refuse or fail to comply with a requirement made under this section.

Maximum penalty: 200 penalty units in the case of a corporation or 50 penalty units in the case of an individual.

(3) However, the owner or manager concerned may apply to the Tribunal for a review of a decision of an approved company imposing a requirement under this section.

(4) If such an application is made:

(a) proceedings against the applicant for an offence under this section may not be instituted, and

(b) any such pending proceedings are stayed,

until the completion of the review process.

(5) In this section, "approved company" means an approved company whose approval extends to the exercise of functions under this section.