Mine Inspectors Recommendations. What can an Inspector Recommend and what Legal Weight and Standing does an Inspectors Recommendation Have?

There is absolutely no ability for an Inspector to right the words “I Recommend” or Listing something as a “Recommendation” without invoking a Directive Power in particular 166 and 168.

The only thing Inspectors can formally Recommend are prosecutions to the Commissioner.

There is no ability to put any due date on a “Recommendation” as Inspector Marlborough does on the 24th of October 2018.

All he can do is politely ask them to listen to what he has said and to

The SSE to respond to this Recommendation to Inspector Marlborough by e-mail by Fri 9 Nov 2018

Please provide a written status report on each SCP together with the actions taken to address each item by their due dates

The Word Recommendation is contained 13 times in the Coal Mining Safety and Health Act 1999 including two (2) in the Contents Pages and two (2) in the Endnotes.

Of the other nine (9), three directly mention Inspectors or Inspectors.

The two (2) that directly link Inspectors and Recommendation

129 Further functions of inspectors

2. to make recommendations to the commissioner about prosecutions under this Act.

256  Recommendation to prosecute

(1)         The following persons may recommend to the commissioner that there be a prosecution for an offence against this Act—

In Section 68  Mine record it states that the Mine Operator must keep a Mine Record that Includes the findings and “recommendations” resulting from inspections, investigations and audits carried out at the mine under this Act and

The only section that deals with keeping a record and remedial action taken is for Directives.

(b)         all directives issued under this Act to the coal mine operator and the operator’s agents or representatives; and

(c)          a record of all remedial actions taken as a result of directives issued under this Act; and

There is only one Directive Issued between the 3rd of September and 24th of October.

28 SEPTEMBER

Directive issued verbally by Inspector Geoff Nugent on 28/09/2018

Due to the unstable and volatile conditions of fire and explosion risk in the underground environment of North Goonyella Coal Mine and its unpredictable potential to impact any people in all surface areas of the operation both from the risk of an explosion and toxic or irrespirable atmospheres, I Geoff Nugent Inspector of Mines am issuing the SSE of North Goonyella Coal Mine a directive under s 167 of the Queensland coal mines safety and health act 1999 to suspend all operations within the exclusion zones established today to remove persons from these until an acceptable level of risk is achieved’