33Prohibition of materials or objects at mine

33 Prohibition of materials or objects at mine

(1)  A mine operator may, as part of managing risks to health and safety under the Work Health and Safety Act 2012 or as part of a risk assessment, classify any materials or objects (which may include items of plant) as prohibited articles at the mine.

(2)  The mine operator must ensure that a list of prohibited articles –

(a) is made available to persons at the mine; and

(b) is included in the health and safety management system.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding $13 000; and

(b) an individual, a fine not exceeding $6 500.

(3)  The mine operator must ensure, so far as is reasonably practicable, that an article specified on a list of prohibited articles prepared for the mine under subregulation (1) is not present at the mine.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding $13 000; and

(b) an individual, a fine not exceeding $6 500.

(4)  A person must not have possession at a mine of an article that is an article specified on a list of prohibited articles prepared for the mine under subregulation (1) .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding $13 000; and

(b) an individual, a fine not exceeding $6 500.