New South Wales Repealed Acts

This legislation has been repealed.

MINES INSPECTION ACT 1901 - SECT 37A

37A Order to withdraw persons from mine

(1) Where an inspector is of the opinion that the safety or health of persons employed in or about a mine or part of a mine is seriously threatened as a consequence of:

(a) a contravention of the provisions of this Act, the general rules or any special rules applicable to the mine, or

(b) any matter, thing or practice required to be remedied under section 37 (1),

the inspector may, by an order in writing served on the owner or general manager of the mine, require the owner or general manager:

(c) to withdraw forthwith from the mine or part of the mine, as the case may be, the persons employed in or about the mine or part, and

(d) not to employ any persons in or about the mine or part of the mine, as the case may be, until:

(i) the contravention of this Act, the general rules or the special rules specified in the order has ceased or, as the case may be, the matter, thing or practice so specified has been remedied, or

(ii) the order is revoked under subsection (2),

whichever first occurs.

(2) An order under subsection (1) may be revoked by the Minister, by the Chief Inspector or by the inspector who served the order, by notice in writing served on the owner or general manager of the mine to which the order relates.

(3) An order served on the owner or general manager of a mine under subsection (1) does not apply to persons employed in or about the mine for the purpose of bringing about compliance with the provisions of this Act, the general rules or the special rules or remedying the matter, thing or practice, as the case may be, specified in the order.

(4) An owner or general manager who fails to comply with an order under subsection (1) is, unless the court is satisfied that the inspector had no reasonable grounds for serving the order, guilty of an offence against this Act and, in respect of each day on which the failure occurs, liable to a penalty not exceeding 100 penalty units.

(5) An investigator who is also an inspector may not serve an order under this section.