(1)  A person conducting a business or undertaking must, so far as is reasonably practicable, eliminate any risk associated with work in a confined space in either of the following circumstances:

(a) the introduction of any substance or condition into the space from or by any plant or services connected to the space;

(b) the activation or energising in any way of any plant or services connected to the space.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $3 600; or

(b) a body corporate, a fine not exceeding $18 000.

(2)  If it is not reasonably practicable for the person to eliminate risk under subregulation (1) , the person must minimise that risk so far as is reasonably practicable.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $3 600; or

(b) a body corporate, a fine not exceeding $18 000.