New South Wales Consolidated Acts

COAL MINE HEALTH AND SAFETY ACT 2002 - SECT 26

26 Chief Inspector may object

(1) The Chief Inspector may object to a health and safety management system if he or she forms the view:

(a) that the health and safety management system does not comply with the requirements of this Act or the regulations, or

(b) that there was insufficient or inadequate consultation in the preparation of the health and safety management system, or

(c) that the health and safety management system is insufficient to protect the health and safety of those who work at the coal operation or those affected by the coal operation.

(2) If the Chief Inspector has an objection to a health and safety management system for a coal operation, the Chief Inspector must notify the operator of the coal operation in writing of the objection. The health and safety management system must not be implemented until the objection has been resolved.

(3) If the Chief Inspector notifies an operator of an objection, the operator must revise the health and safety management system, taking into account any matters raised in the objection, and submit it to the Chief Inspector within the time prescribed by the regulations.

(4) If the Chief Inspector has not notified the operator of an objection within 21 days after receiving information concerning the system, or within any other period prescribed by the regulations, the operator may implement a health and safety management system. The system may not be implemented before that period ends.