25Chief Inspector of Mines may require independent audit

25 Chief Inspector of Mines may require independent audit

(1)  In this section –

bipartite team means a team of persons with appropriate expertise of whom –

(a) at least one is employed by, or is a member of, a union representing mine workers; and

(b) at least one is a mine operator from another mine or is employed –

(i) in undertaking, or providing services to, mining; or

(ii) by a mining industry organisation.

(2)  If –

(a) the risks arising from the operation of a mine have the potential to give rise to the serious injury or death of a person, an emergency, or a dangerous situation; and

(b) the Chief Inspector of Mines is not satisfied that the health and safety management system for the mine adequately manages the risk –

the Chief Inspector of Mines may direct the mine operator to obtain an independent audit of the health and safety management system, either in general or in relation to one or more specific aspects.

(3)  A mine operator who is directed under subsection (2) to obtain an audit must obtain the audit and provide the outcome of it to the Chief Inspector of Mines.

Penalty:  [Section 25 Subsection (3) amended by No. 39 of 2020, s. 26, Applied:27 Dec 2020] In the case of –

(a) a body corporate, a fine not exceeding $250 000; or

(b) an individual, a fine not exceeding $50 000.

(4)  A direction under subsection (2) is to state –

(a) the reasons for requiring the audit to be carried out and its objectives; and

(b) that the person who carries out the audit must be a person approved by the Chief Inspector of Mines; and

(c) the date by which the outcome of the audit is to be provided to the Chief Inspector of Mines.