(1) If an inspector or
a senior inspector is of the opinion that —
(a) a
mining tenement holder is not complying with a provision of the Act or these
regulations; or
(b) a
mining tenement holder is not complying with the mining tenement conditions;
or
(c) an
accident or unexpected event has taken place or may take place at a mine under
the control of a mining tenement holder,
and as a result of
that non‑compliance, or accident or event, there is, or may be, a
significant adverse effect on the environment, that inspector or senior
inspector may issue a Stop Work Order to the mining tenement holder.
(2) A Stop Work Order
shall be issued —
(a) by
delivering a copy of that Order to the person ostensibly in charge at the site
of the relevant mine; or
(b) in
the absence of the person referred to in paragraph (a), by posting a copy
to the mining tenement holder at that mining tenement holder’s last
known address.
(3) If an inspector
intends to issue a Stop Work Order, that inspector must first obtain the
approval of a senior inspector after explaining the nature of the effect or
potential effect on the environment to that senior inspector.
[Regulation 120L inserted: Gazette
24 Jun 1994 p. 2936‑7.]