28Obligation of occupiers to report, &c., explosives emergencies

28 Obligation of occupiers to report, &c., explosives emergencies

(1)  The occupier of an explosives location must, if an explosives emergency occurs at the location –

(a) immediately advise the Secretary that the explosives emergency has occurred and of any resulting serious harm or material harm; and

(b) if that advice is given to the Secretary orally, confirm it in writing within 7 days; and

(c) investigate the explosives emergency as soon as practicable; and

(d) give the Secretary a written report of the investigation and its findings within one month after the explosives emergency occurs or, if the Secretary considers this is not practicable, the longer time allowed by the Secretary; and

(e) consult with relevant employees about ways of avoiding explosives emergencies in the future.

Penalty:  Fine not exceeding 200 penalty units.

(2)  However, the occupier does not have to comply with subsection (1) if the explosives emergency is notified under any of the following:

(a) the Dangerous Goods (Road and Rail Transport) Act 2010 ;

(b) the Emergency Management Act 2006 ;

(c) the Security-sensitive Dangerous Substances Act 2005 ;

(d) a prescribed Act.