38Management of risk following inspection

38 Management of risk following inspection

(1)  After conducting an inspection under an authorisation made under section 36 , an authorised officer is to –

(a) report the findings of the inspection to the owner of, person in charge of or person responsible for the place, structure, source or situation that is or may be a hazard, or the person carrying on the activity that may pose a risk, and in respect of which the authorisation was made; and

(b) if the authorised officer considers that action is needed to mitigate or prevent a risk of the place, structure, source, situation or activity causing, contributing to or aggravating an emergency –

(i) discuss the taking of appropriate action with the owner of, person in charge of or person responsible for the place, structure, source or situation or the person carrying on the activity; or

(ii) report to that owner or person in relation to the taking of appropriate action.

(2)  Without limiting the action that an authorised officer may consider appropriate for the purposes of subsection (1)(b) , such action may include the preparation of a plan for emergency management, or a plan for the management of risks, and the implementation of measures to mitigate or prevent the risk of the place, structure, source, situation or activity causing, contributing to or aggravating an emergency.

(3)  If an authorised officer has discussed with the owner of, person in charge of or person responsible for a place, structure, source or situation, or with the person carrying on an activity, the taking of appropriate action to mitigate or prevent a risk of the place, structure, source, situation or activity causing, contributing to or aggravating an emergency and that owner or person fails to take such action within a time that the authorised officer considers reasonable, the authorised officer –

(a) is to notify the State Controller of that failure; and

(b) may require the owner or person, in writing, to take the action that the authorised officer considers appropriate; and

(c) if the authorised officer so requires a person to take an action under paragraph (b) , is to provide the Minister with a copy of that requirement.