QLDIn ForceAct
Coal Mining Safety and Health Act 1999
sec.163When directive may be given
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### sec.163 When directive may be given
A directive may be given under this section if an authorised official believes a risk from coal mining operations at a coal mine—
is at an unacceptable level; or
may reach an unacceptable level.
The directive may require a person who has a safety and health obligation in relation to the coal mine to do 1 or more of the following—
suspend coal mining operations in all or part of the coal mine;
take action stated in the directive, including, for example—
to review the safety and health management system or a principal hazard management plan to ensure the system or plan is effective; or
to carry out a test to decide whether a risk is at an unacceptable level.
A directive to suspend coal mining operations under subsection (2) (a) because of a risk mentioned in subsection (1) (a) may be given by—
an inspector; or
an inspection officer; or
an industry safety and health representative.
A directive to suspend coal mining operations under subsection (2) (a) because of a risk mentioned in subsection (1) (b) may be given by—
an inspector; or
an industry safety and health representative.
A directive to take action stated in the directive under subsection (2) (b) may be given by—
an inspector; or
an inspection officer.
Despite subsection (5) , only an inspector may give a directive under subsection (2) (b) that relates to—
a review of the safety and health management system or a principal hazard management plan; or
the carrying out of a test to decide whether a risk is at an unacceptable level.
s 163 sub 2024 No. 34 s 54
(sec.163-ssec.1) A directive may be given under this section if an authorised official believes a risk from coal mining operations at a coal mine— is at an unacceptable level; or may reach an unacceptable level.
(sec.163-ssec.2) The directive may require a person who has a safety and health obligation in relation to the coal mine to do 1 or more of the following— suspend coal mining operations in all or part of the coal mine; take action stated in the directive, including, for example— to review the safety and health management system or a principal hazard management plan to ensure the system or plan is effective; or to carry out a test to decide whether a risk is at an unacceptable level.
(sec.163-ssec.3) A directive to suspend coal mining operations under subsection (2) (a) because of a risk mentioned in subsection (1) (a) may be given by— an inspector; or an inspection officer; or an industry safety and health representative.
(sec.163-ssec.4) A directive to suspend coal mining operations under subsection (2) (a) because of a risk mentioned in subsection (1) (b) may be given by— an inspector; or an industry safety and health representative.
(sec.163-ssec.5) A directive to take action stated in the directive under subsection (2) (b) may be given by— an inspector; or an inspection officer.
(sec.163-ssec.6) Despite subsection (5) , only an inspector may give a directive under subsection (2) (b) that relates to— a review of the safety and health management system or a principal hazard management plan; or the carrying out of a test to decide whether a risk is at an unacceptable level.
- (a) is at an unacceptable level; or
- (b) may reach an unacceptable level.
- (a) suspend coal mining operations in all or part of the coal mine;
- (b) take action stated in the directive, including, for example— (i) to review the safety and health management system or a principal hazard management plan to ensure the system or plan is effective; or (ii) to carry out a test to decide whether a risk is at an unacceptable level.
- (i) to review the safety and health management system or a principal hazard management plan to ensure the system or plan is effective; or
- (ii) to carry out a test to decide whether a risk is at an unacceptable level.
- (i) to review the safety and health management system or a principal hazard management plan to ensure the system or plan is effective; or
- (ii) to carry out a test to decide whether a risk is at an unacceptable level.
- (a) an inspector; or
- (b) an inspection officer; or
- (c) an industry safety and health representative.
- (a) an inspector; or
- (b) an industry safety and health representative.
- (a) an inspector; or
- (b) an inspection officer.
- (a) a review of the safety and health management system or a principal hazard management plan; or
- (b) the carrying out of a test to decide whether a risk is at an unacceptable level.