New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(1) If in any respect not provided for by express provision of this Act or by any general or special rule any inspector finds any mine or any part thereof, or any matter, thing, or practice in or connected with such mine, or in connection with the control, management, or direction thereof to be dangerous or defective, so as in the inspector’s opinion to threaten or tend to injure the health or the body of any person, such inspector shall give notice thereof in writing to the owner or general manager of the mine, and shall state in such notice the particulars in which the inspector considers such mine or any part thereof, or any matter, thing, or practice, to be dangerous or defective, and require the same to be remedied within a period named in such notice; and if the cause of danger is not removed or if such defect is not remedied within the period so named, the inspector may take proceedings against the owner or general manager for such default, and on being satisfied that such notice was justified by the matter complained of, the court may impose on such owner or general manager a penalty not exceeding 5 penalty units, and a further penalty of 1 penalty unit for every day after such decision during which such notice is not complied with.
(2) A copy of every notice as aforesaid shall forthwith be transmitted by the inspector to the Chief Inspector, who may transmit a copy of the notice to the Minister.
(3) An investigator who is also an inspector may not serve a notice under this section.