Section Sch3-31 — Health and Safety at Work Act 2015: Board levy

31 Board levy (1) The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister, make regulations imposing a levy on mine operators to fund the direct and indirect costs incurred by the Board in performing the Board’s functions to the extent that they relate to mining operations. (2) The regulations must— (a) specify how the levy rate or rates are calculated: (b) specify the mine operators or classes of mine operators responsible for paying the levy: (c) specify, if the levy is to be paid at different rates, the mine operators, mining operations, thing being extracted, or other things or the classes of mine operators, mining operations, thing being extracted, or other things to which the different rates apply: (d) specify when and how the levy is to be paid: (e) specify the persons or classes of persons (if any) exempt from paying the levy. (3) Without limiting subclauses (1) and (2), regulations may— (a) specify the returns to be made to WorkSafe or some other person or body for the purpose of enabling or assisting the determination of amounts of levy payable: (b) specify the circumstances in which, and conditions subject to which, persons may be allowed extensions of time for paying the levy: (c) for the purpose of ascertaining whether regulations are being complied with,— (i) require the keeping of accounts, statements, and records of a specified class or description by either or both of WorkSafe and the persons responsible for paying the levy; and (ii) require the retention of the accounts, statements, and records for a specified period: (d) provide for the establishment of a dispute resolution process for disputes relating to levies, including— (i) the appointment of persons to resolve the disputes; and (ii) the procedures to be followed by the persons; and (iii) the remuneration of the persons. (4) Before making a recommendation under this clause, the Minister must— (a) receive advice from WorkSafe on the proposed levy; and (b) consult the people responsible for paying the proposed levy. Compare: 1992 No 96 s 20H