New South Wales Consolidated Acts

MINE HEALTH AND SAFETY ACT 2004 - SECT 89

89 Non-disturbance of plant involved in notifiable incidents (and of surrounding area)

(1) This section applies if a notifiable incident referred to in section 88 (1) (a) or (b) has occurred at a mine.

(2) The operator of a mine must take measures to ensure that:

(a) plant at that mine is not used, moved or interfered with after it has been involved in a notifiable incident, and

(b) the area and environment at that mine that is connected with the notifiable incident is not disturbed.

(3) If the regulations prescribe measures that satisfy the requirements of this section, the operator is taken to have satisfied those requirements if the operator has taken the measures so prescribed.

(4) This section does not prevent any action:

(a) to help or remove a trapped or injured person or to remove a body, or

(b) to avoid injury to a person or damage to property, or

(c) for the purposes of any police investigation, or

(d) in accordance with a direction of a government official or with the permission of a government official, or

(e) in any other circumstances that may be prescribed by the regulations.

(5) The requirements of this section in relation to any particular occurrence apply only for the period ending 24 hours after notification of the incident in accordance with section 88 or only during any other period prescribed by the regulations.