New South Wales Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2011 - SECT 199

Contents of non-disturbance notice

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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