sec.37Obligations of holders

### sec.37 Obligations of holders This section applies if the holder proposes to appoint under section 48 another person as the operator for a mine. The holder must— for a mine that is required, under this division, to have a safety and health management system— inform the proposed operator, by notice, of all relevant information available to the holder that may help the proposed operator to ensure the site senior executive for the mine develops and implements a safety and health management system for the mine; and include in the contract with the operator an obligation on the operator to establish a safety and health management system for the mine; or for a mine that is not required, under this division, to have a safety and health management system—inform the proposed operator, by notice, of all relevant information available to the holder about known, or potential, hazards at the mine. Maximum penalty—100 penalty units. A contract under subsection (2) (a) (ii) must be in writing. s 37 amd 2002 No. 25 s 26 ; 2018 No. 28 s 54 (sec.37-ssec.1) This section applies if the holder proposes to appoint under section 48 another person as the operator for a mine. (sec.37-ssec.2) The holder must— for a mine that is required, under this division, to have a safety and health management system— inform the proposed operator, by notice, of all relevant information available to the holder that may help the proposed operator to ensure the site senior executive for the mine develops and implements a safety and health management system for the mine; and include in the contract with the operator an obligation on the operator to establish a safety and health management system for the mine; or for a mine that is not required, under this division, to have a safety and health management system—inform the proposed operator, by notice, of all relevant information available to the holder about known, or potential, hazards at the mine. Maximum penalty—100 penalty units. (sec.37-ssec.3) A contract under subsection (2) (a) (ii) must be in writing. - (a) for a mine that is required, under this division, to have a safety and health management system— (i) inform the proposed operator, by notice, of all relevant information available to the holder that may help the proposed operator to ensure the site senior executive for the mine develops and implements a safety and health management system for the mine; and (ii) include in the contract with the operator an obligation on the operator to establish a safety and health management system for the mine; or - (i) inform the proposed operator, by notice, of all relevant information available to the holder that may help the proposed operator to ensure the site senior executive for the mine develops and implements a safety and health management system for the mine; and - (ii) include in the contract with the operator an obligation on the operator to establish a safety and health management system for the mine; or - (b) for a mine that is not required, under this division, to have a safety and health management system—inform the proposed operator, by notice, of all relevant information available to the holder about known, or potential, hazards at the mine. - (i) inform the proposed operator, by notice, of all relevant information available to the holder that may help the proposed operator to ensure the site senior executive for the mine develops and implements a safety and health management system for the mine; and - (ii) include in the contract with the operator an obligation on the operator to establish a safety and health management system for the mine; or