Coal Mine Health and Safety Act 2002 No 129
Current version for 1 January 2014 to date (accessed 27 November 2014 at 03:11)
Part 8

Part 8 Stop work orders

118   Minister to make stop work orders

(1)  If the Minister is of the opinion that any action is being, or is about to be, carried out at a place of work to which this Act applies that involves, or is likely to result in, a serious breach of a provision of:
(a)  the Work Health and Safety Act 2011 or the regulations made under that Act, or
(b)  this Act or the regulations made under this Act,
the Minister may order that the person who is carrying out or about to carry out the action is to cease or not to carry out the action and that no action, other than any action that may be specified in the order, is to be carried out in or in the vicinity of the place, or a specified part of the place, within a period not exceeding 28 days after the day of the order.
(2)  An order takes effect on and from the time at which:
(a)  if the order relates to a colliery holding—a copy is provided to the colliery holder by the Minister, or
(b)  if the order relates to a coal operation—a copy is provided to the operator of the coal operation by the Minister, or
(c)  if the order relates to coal mine workings the subject of a licence to mine coal under the Offshore Minerals Act 1999—a copy is provided to the licensee by the Minister, or
(d)  if the order relates to a coal exploration site—a copy is provided to the most senior person at the coal exploration site by the Minister, or
(e)  (Repealed)
(f)  the person carrying out or about to carry out the action the subject of the order is notified by the Minister that the order has been made,
whichever is the sooner.
(3)  In this Part, a reference to action being, or about to be, carried out includes a reference to action that should be, but is not being, carried out and the Minister may make an order, in accordance with this Part, that any such action is to be carried out.
(4)  The regulations may modify this Part in relation to its application to a stop work order that specifies actions that must be carried out.
(5)  Without limiting the Minister’s delegation powers under section 212, the Minister may, by instrument in writing, delegate to any or all government officials the functions of giving notice or affixing copies of an order under this section.

119   Prior notification of making of stop work order not required

The Minister is not required, before making a stop work order, to notify any person who may be affected by the order.

120   Extension of stop work order

(1)  The Minister may extend a stop work order for any further period or periods of no more than 28 days each that the Minister thinks fit.
(2)  An order extending a stop work order takes effect in the same way as the original order, that is, on and from the time referred to in section 118 (2).

121   Consultation about modification of proposed detrimental action

After the Minister makes a stop work order, the Director-General must immediately consult with the person carrying out or proposing to carry out the action the subject of the order to determine whether any modification of the action may be sufficient to avoid a serious breach of a provision of any Act or regulation referred to in section 118.

122   Stop work order prevails over other instruments

(1)  A non-disturbance notice, improvement notice or prohibition notice issued under the Work Health and Safety Act 2011 that requires or permits work or an activity the subject of a stop work order in force under this Part to be significantly affected is inoperative to the extent of any inconsistency with the stop work order.
(2)  An approval, notice, order or other instrument made or issued by or under any other Act that requires or permits work the subject of a stop work order in force under this Part to be significantly affected is inoperative to the extent of any inconsistency with the stop work order.
(3)  This section has effect whether the approval, notice, order or other instrument concerned was made or issued before or after the making of the stop work order.

123   Costs of enforcing stop work order

(1)  If a person on whom a stop work order is imposed does not comply with the order within the period specified in the order, the Minister may cause work to be carried out for the purpose of stopping the work specified in the order.
(2)  Any costs or expenses incurred by or on behalf of the Minister under this section are a debt due to the Crown by the person who was carrying out or proposing to carry out the action to which the order relates.
(3)  In any proceedings instituted for the recovery from a person of a debt due by that person to the Crown under this section, a certificate of the Minister that a specified amount is the amount of the debt so due is evidence of that fact.
(4)  A debt due by any person to the Crown under this section is recoverable whether or not the person is convicted of an offence under section 124.
(5)  A person on whom a stop work order is imposed, or any person directed by the Minister to take action for the purposes of subsection (1), may, upon giving reasonable notice to the occupier of the land, enter on or remain on any land for the purpose of complying with the direction of the Minister or with the stop work order, as the case may require.
(6)  A court that convicts a person of an offence under section 124 may, on the application of the prosecutor, order the person to pay to the Crown the amount that the court is satisfied the Crown is entitled to recover from the person under this section in respect of the failure to which the offence relates. Any amount paid by a person under such an order is taken to have been recovered from the person under subsection (2) and is to be dealt with accordingly.
(7)  For the purposes of subsection (6), a court that makes a finding that a person is guilty of an offence under section 124 without proceeding to a conviction is taken to have convicted the person of the offence.
(8)  For the purposes of this section, a stop work order is taken to have been imposed on the person or persons carrying out the action, or proposing to carry out the action, to which the order relates.

124   Offence: failure to comply with a stop work order

A person who, without reasonable excuse, fails to comply with a requirement imposed by a stop work order is guilty of an offence.

Maximum penalty:

(a)  in the case of a corporation (being a previous offender)—1,500 penalty units and in the case of a continuing offence, a further penalty not exceeding 750 penalty units for each day the offence continues, or
(b)  in the case of a corporation (not being a previous offender)—1,000 penalty units and in the case of a continuing offence, a further penalty not exceeding 500 penalty units for each day the offence continues, or
(c)  in the case of an individual not acting in the capacity of an employee (being a previous offender)—750 penalty units and in the case of a continuing offence, a further penalty not exceeding 375 penalty units for each day the offence continues, or
(d)  in the case of an individual not acting in the capacity of an employee (not being a previous offender)—500 penalty units and in the case of a continuing offence, a further penalty not exceeding 250 penalty units for each day the offence continues, or
(e)  in the case of an individual acting in the capacity of an employee (being a previous offender)—45 penalty units and in the case of a continuing offence, a further penalty not exceeding 20 penalty units for each day the offence continues, or
(f)  in the case of an individual acting in the capacity of an employee (not being a previous offender)—30 penalty units and in the case of a continuing offence, a further penalty not exceeding 15 penalty units for each day the offence continues.

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