s.50Power to remedy dangerous practice, etc.
50
Section 50Part 5 — Inspections and Accidents

Power to remedy dangerous practice, etc.

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If any officer specified in section 49 finds in any respect any mine or any matter, thing or practice in or connected with prospecting or mining operations or any water right or passageway to be dangerous or defective so as in his opinion to threaten or tend to the bodily injury, or to be detrimental to the welfare or health, of any person, or to the injury of stock, he shall give notice in writing thereof to the holder of the prospecting or mining right, water right or right of passageway, or his agent in charge of the operations or mine, and shall state in such notice the particulars in which he considers such mine, matter, thing or practice to be dangerous or defective, and shall require it to be remedied, either forthwith or within such time as he may specify, and he may order work to be suspended until the danger is removed to his satisfaction.
On receipt of such notice the holder of the prospecting or mining right, water right or right of passageway, or his agent, shall comply therewith, or, if such notice was given by any officer other than the Governor and he objects thereto, he shall immediately state his objection in writing to the Governor.
Where the holder of the prospecting or mining right, water right or right of passageway, or his agent, states his objection to the Governor under subsection (2) he shall cease to use the mine, or part thereof, machine, plant, matter, thing or practice as to which such notice has been given, and shall withdraw all men from the danger indicated by such officer until such time as the matter is determined by the Governor: Provided that, if in the opinion of the officer giving such notice, there is no immediate danger, such officer may allow work to proceed during the time the matter is being determined, under such restrictions and upon such conditions to ensure safety as he may consider necessary and may specify in writing.

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