30Suspending operations

#### 30 Suspending operations 30 Suspending operations > > (1) An industry safety and health representative may give a direction to the mine operator of a coal mine to suspend mining operations at the coal mine if the industry safety and health representative is of the opinion that— > > > > > (a) there has been a failure at the coal mine to comply with the WHS laws or with any safety management system required by the regulations in respect of the coal mine, and > > > > > (b) because of that failure there is a danger to the health or safety of workers at the coal mine. > > > (2) A direction under this section must— > > > > > (a) be in the form (if any) approved by the regulator, and > > > > > (b) state that the industry safety and health representative is of the opinion referred to in subsection (1), and > > > > > (c) give particulars of the industry safety and health representative’s reasons for being of that opinion, and > > > > > (d) identify the mining operations that are to be suspended, and > > > > > (e) give particulars of any action that, in the industry safety and health representative’s opinion, could be taken to remove the danger. > > > (3) A mine operator who is given a direction must immediately— > > > > > (a) comply with the direction, and > > > > > (b) notify the regulator of the giving of the direction. > > > > Maximum penalty— > > > > > (a) in the case of an individual—100 penalty units, or > > > > > (b) in the case of a body corporate—500 penalty units. > > > (4) An industry safety and health representative must take all reasonable steps to notify the regulator that the industry safety and health representative proposes to give a direction to a mine operator before the direction is given. > > > (5) An industry safety and health representative may instead notify the regulator as soon as practicable after giving a direction if the direction is given in relation to any situation involving a serious risk to the health or safety of a person emanating from an immediate or imminent exposure to a hazard. > > > (6) Failure to notify the regulator does not affect the validity of a direction. > > > (7) An industry safety and health representative must, as soon as practicable after giving a direction to a mine operator, give a copy of the direction to the regulator. > > > (8) A direction ceases to have effect at such time as an inspector attends and assesses the matters to which the direction relates. > > > (9) A direction also ceases to have effect if it is withdrawn by the industry safety and health representative by giving notice in writing to the mine operator. > > > (10) A direction under this section does not prevent the carrying out of work for the purpose of preventing or mitigating any danger to which the direction relates. > > **s 30:** Am 2022 No 24, Sch 1\[4\] \[5\].