17Duty to preserve incident sites

#### 17 Duty to preserve incident sites 17 Duty to preserve incident sites > > (1) When a notifiable incident has occurred at a mine or petroleum site each of the following persons must ensure, so far as is reasonably practicable, that the incident site is not disturbed until an inspector arrives at the incident site or any earlier time that a government official directs— > > > > > (a) any person who is required to ensure that the regulator is notified of the notifiable incident, > > > > > (b) each person with management or control of the incident site. > > > > Maximum penalty— > > > > > (a) in the case of an individual—100 penalty units, or > > > > > (b) in the case of a body corporate—500 penalty units. > > > (2) (Repealed) > > > (3) Subsection (1) does not prevent any action— > > > > > (a) to assist an injured person, or > > > > > (b) to remove a deceased person, or > > > > > (c) that is essential to make the incident site safe or to minimise the risk of a further notifiable incident, or > > > > > (d) that is associated with a police investigation, or > > > > > (e) for which an inspector or the regulator has given permission. > > > (4) A government official must not direct an earlier time under subsection (1) in the case of a notifiable incident at a coal mine to which Part 5 applies unless the government official has consulted with an industry safety and health representative. > > > (5) In this section— > > > > incident site means the workplace (or part of the workplace) at which the notifiable incident occurred and includes any plant, substance, structure or thing associated with the notifiable incident. > > **s 17:** Am 2015 No 43, Sch 1 \[26\]–\[34\]; 2016 No 27, Sch 2.60; 2022 No 24, Sch 1\[4\] \[5\].