In the legal case of BM Alliance Coal Operations Pty Ltd v le Roux (No 2) [2024] ICQ 20, BM Alliance Coal Operations appealed against directives issued by Jacques le Roux, Chief Inspector of Coal Mines. The directives, given under the Coal Mining Safety and Health Act 1999, required BM to cease operation of heavy mobile equipment (HME) during Level 2 lightning alerts. BM's safety protocols allowed HME with nitrogen-filled tires to operate until Level 3 alerts. The Industrial Court, considering expert evidence on the effects of lightning on HMEs, maintained the stays on the directives until further orders. The Court noted the inadequacy of current evidence, acknowledging that HMEs act imperfectly as Faraday cages, potentially posing unacceptable risks, and opened paths for procedural adjustments and further submissions from the parties regarding appropriate final orders.
Full text: https://www.sclqld.org.au/caselaw/150532