Commonwealth Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2011 - SECT 199

Contents of non - disturbance notice

  (1)   A non - disturbance notice may require the person to:

  (a)   preserve the site at which a notifiable incident has occurred for a specified period; or

  (b)   prevent the disturbance of a particular site (including the operation of plant) in other circumstances for a specified period that is reasonable in the circumstances.

  (2)   A non - disturbance notice must specify the period (of no more than 7 days) for which it applies and set out:

  (a)   the obligations of the person to whom the notice is issued; and

  (b)   the measures to be taken to preserve a site or prevent disturbance of a site; and

  (c)   the penalty for contravening the notice.

  (3)   In subsection   (1) a reference to a site includes any plant, substance, structure or thing associated with the site.

  (4)   A non - disturbance notice 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 site safe or to prevent a further incident; or

  (d)   that is associated with a police investigation; or

  (e)   for which an inspector has given permission.



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