39Work must be approved

39 Work must be approved (1) A person, other than the Crown, must not do any work under a licence otherwise than— (a) in accordance with the licence; or S. 39(1)(ab) inserted by No. 63/2006 s. 24(1). (ab) in accordance with the approved work plan; or (b) as authorised by a minerals exemption. S. 39(1A) inserted by No. 2/2026 s. 5. (1A) Subsection (1) does not apply in relation to any action taken in accordance with a remedial direction. (2) A licensee and the manager of a worksite must comply with this Act and the regulations in doing any work under the licence. S. 39(3) amended by No. 64/2012 s. 30, repealed by No. 10/2014 s. 14. S. 39(4) amended by Nos 63/2006 s. 24(2), 59/2010 s. 36(1), repealed by No. 10/2014 s. 14. (5) A licensee must not do work under the licence unless the licensee is insured under a policy of public liability insurance in respect of the doing of that work for an amount determined by the Department Head. (6) A person who is convicted of an offence against this section is also liable to the following default penalty— (a) in the case of a corporation, 20 penalty units; (b) in any other case, 10 penalty units. S. 39A inserted by No. 63/2006 s. 25.