Division 1 Notification of certain incidents

88   Notification of certain incidents and other matters

(1)  The operator of a mine must give the Chief Inspector notice in accordance with this section of any of the following incidents (notifiable incidents):

(a)  any incident at the mine that has resulted in a person being killed,

(b)  any other incident at the mine of a kind prescribed by the regulations for the purposes of this paragraph,

(c)  any incident or other matter occurring at or in relation to the mine that the regulations declare to be an incident or matter that is required to be notified.

(2)  Any notice under this section must be given:

(a)  as soon as practicable (but not later than 7 days) after the operator becomes aware of the notifiable incident, and

(b)  in writing and, if a form has been prescribed by the regulations, in that form.

(3)  Any notice must, in the case of a notifiable incident referred to in subsection (1) (a) or (b), also be given:

(a)  immediately the operator becomes aware of the incident, and

(b)  by the quickest available means.

This subsection does not apply if the operator is aware that another person has given the required notice of the incident.

(4)  The regulations may vary the obligations under this section with respect to the person required to give notice and the time and manner in which the notice is to be given.

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.

90   Records of notifications

(1)  The operator of a mine must keep records at the mine of every notification given under this Division.

(2)  Those records must be kept for at least 5 years.

91   Penalty for offence against this Division

A person who contravenes, whether by act or omission, a provision of this Division is guilty of an offence against that provision.

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.