New South Wales Consolidated Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - SECT 87

87 Non-disturbance of plant involved in serious incidents (and of surrounding area)

(1) In this section:
"serious incident" means:

(a) an incident that has resulted in a person being killed, or

(b) any other incident prescribed by the regulations for the purposes of this definition.

(2) The occupier of a place of work must take measures to ensure that:

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

(b) the area at that place that is within 4 metres (or, if the regulations prescribe some other distance, that other distance) of the location of a serious incident is not disturbed.

Maximum penalty:

(a) in the case of a corporation (being a previous offender)-750 penalty units, or

(b) in the case of a corporation (not being a previous offender)-500 penalty units, or

(c) in the case of an individual (being a previous offender)-375 penalty units, or

(d) in the case of an individual (not being a previous offender)-250 penalty units.

(3) If the regulations prescribe measures that satisfy the requirements of this section, the occupier is taken to have satisfied those requirements if the occupier 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 or permission of an inspector, or

(e) in such other circumstances as may be prescribed by the regulations.

(5) The requirements of this section in relation to any particular incident apply only for the period ending 36 hours after notification of the incident in accordance with section 86. After the end of that period, non-disturbance requirements may apply by virtue of an investigation notice under Part 6.

(6) This section does not apply to a mine or a coal workplace.