MHS ACT Section 54
(1) If an inspector has reason to believe that any occurrence, practice or condition at a mine endangers or may endanger the health or safety of any person at the mine, the inspector may give any instruction necessary to protect the health or safety of persons at the mine, including but not limited to an instruction that -
(a) operations at the mine or a part of the mine be halted;
(b) the performance of any act or practice at the mine or a part of the mine be suspended or halted, and may place conditions on the performance of that act or practice;
(c) the employer must take the steps set out in the instruction, within the specified period, to rectify the occurrence, practice or condition; or
(d) all affected persons, other than those who are required to assist in taking steps referred to in paragraph (c), be moved to safety.
(2) An instruction under subsection (1) must be given to the employer or a person designated by the employer or, in their absence, the most senior employee available at the mine to whom the instruction can be issued.
(3) An inspector may issue an instruction under subsection (1) either orally or in writing. If it is issued orally, the inspector must confirm it in writing and give it to the person concerned at the earliest opportunity.
(4) If an instruction issued under subsection (1) is not issued to the employer, the inspector must give a copy of the instruction to the employer at the earliest opportunity.
(5) Any instruction issued under subsection (1)(a) must either be confirmed, varied or set aside by the Chief Inspector of Mines as soon as practicable.
(6) Any instruction issued under subsection (1)(a) is effective from the time fixed by the inspector and remains in force until set aside by the Chief Inspector of Mines or until the inspector's instructions have been complied with.
(7) Before giving any instruction under subsection (1)(a) the inspector must allow the employer or the employer's representative and the representatives of employees a reasonable opportunity to make representations.
(8) For the purposes of subsection (7), the representatives of the employees are -
(a) representatives designated in accordance with a collective agreement concluded in terms of section 26;
(b) if paragraph (a) does not apply, full-time health and safety representatives responsible for the mine or part of the mine which will be affected by the instruction;
(c) if paragraphs (a) and (b) do not apply, the health and safety representatives responsible for the working places which will be affected by the instruction; or
(d) if paragraphs (a), (b) and (c) do not apply, the employees who will be affected by the instruction or an employee or employees nominated or elected by them.
(9) If an inspector has reason to believe that the delay caused by allowing representations could endanger the health or safety of any person, the inspector is not required to allow representations before issuing an instruction under subsection (1)(a).
(10) Before giving any instruction under subsection (1)(b) to (d), the inspector must allow such opportunity to make representations as may be prescribed.
