New South Wales Consolidated Acts

COAL INDUSTRY ACT 2001 - SECT 37

37 Compliance with determination

(1) The mines rescue company must serve a determination or variation of a determination made under this Division on the owner of the underground coal mine concerned.

(2) The owner of an underground coal mine on whom a determination or variation is served must not, without reasonable excuse, refuse or fail to comply with the determination, or the determination as varied, within 28 days after service (or within such further period as the mines rescue company allows).

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

(3) If a determination or variation requires the owner of an underground coal mine to make available the services of a specified number of persons employed at the mine, the owner must, within 14 days after the service of the determination or variation, provide the mines rescue company with a list that includes the names, addresses and any other particulars required by the mines rescue company of the persons selected for that purpose.

(4) If the mines rescue company is not satisfied that the owner of an underground coal mine is complying with a determination, or a determination as varied, the mines rescue company may serve on the owner a further notice specifying what the owner has to do to comply with the mines rescue company’s requirements.

(5) The owner of a mine on whom such a further notice is served must not, without reasonable excuse, refuse or fail to comply with the notice within 28 days after service (or within such further period as the mines rescue company allows).

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