sec.42AObligations of designers, constructors and erectors of earthworks

### sec.42A Obligations of designers, constructors and erectors of earthworks A designer of earthworks at a mine has an obligation to ensure the earthworks are designed so that, when used properly, the risk to persons from the use of the earthworks is at an acceptable level. tailings dam, berm A constructor or erector of earthworks at a mine has an obligation— to construct or erect the earthworks in a way that is safe and does not expose persons to an unacceptable level of risk; and to ensure nothing about the way the earthworks are constructed or erected makes the earthworks unsafe or likely to expose persons to an unacceptable level of risk when used properly. s 42A ins 2011 No. 2 s 80 (sec.42A-ssec.1) A designer of earthworks at a mine has an obligation to ensure the earthworks are designed so that, when used properly, the risk to persons from the use of the earthworks is at an acceptable level. tailings dam, berm (sec.42A-ssec.2) A constructor or erector of earthworks at a mine has an obligation— to construct or erect the earthworks in a way that is safe and does not expose persons to an unacceptable level of risk; and to ensure nothing about the way the earthworks are constructed or erected makes the earthworks unsafe or likely to expose persons to an unacceptable level of risk when used properly. - (a) to construct or erect the earthworks in a way that is safe and does not expose persons to an unacceptable level of risk; and - (b) to ensure nothing about the way the earthworks are constructed or erected makes the earthworks unsafe or likely to expose persons to an unacceptable level of risk when used properly.