Western Australian Consolidated Acts

MINES SAFETY AND INSPECTION ACT 1994 - SECT 102AA

102AA .         Review of State mining engineer’s decisions made under regulations

        (1)         In this section —

        reviewable decision means a decision of the State mining engineer under a provision of the regulations that is specified in the regulations for the purposes of this definition.

        (2)         If a person is not satisfied with a reviewable decision the person may refer the decision to the Tribunal for review.

        (3)         A reference under subsection (2) must be made in writing and within 14 days after that day on which the person received notice of the decision.

        (4)         On a reference under subsection (2), the Tribunal is to inquire into the circumstances relating to the decision and may —

            (a)         affirm the decision; or

            (b)         affirm the decision with such modifications as the Tribunal thinks fit; or

            (c)         revoke the decision and substitute for the decision any decision that the Tribunal thinks fit.

        (5)         A review of a reviewable decision is to be in the nature of a rehearing.

        (6)         Pending the decision on a reference under subsection (2), the operation of the reviewable decision continues, unless the Tribunal orders otherwise.

        [Section 102AA inserted by No. 16 of 2008 s. 32.]