Coal Mine Health and Safety Act 2002 (NSW)
An Act to secure the health, safety and welfare of persons in connection with coal operations; to repeal the Coal Mines Regulation Act 1982; to amend certain Acts; and for other purposes.
This Act is the Coal Mine Health and Safety Act 2002.
This Act commences on a day or days to be appointed by proclamation.
In this Act:
(a) a place where drilling from the surface is undertaken for the purpose of discovering or proving the existence of coal, or
(b) a place where drilling from the surface is undertaken for a mining purpose in connection with the mining of coal, or
(c) a place where bulk sampling is done under an exploration licence or assessment lease granted under the Mining Act 1992, or
(d) a place being prepared for a use referred to in paragraph (a)–(c), or
(e) a place formerly used for a purpose referred to in paragraph (a)–(c) and that is presently being restored.
This Act applies to all places of work that are within a colliery holding, a coal exploration site or the subject of a licence to mine coal under the Offshore Minerals Act 1999.
(a) the treatment of coal to improve it as a marketable product, and
(b) the dispatch of the coal after it has been so treated.
(a) an authority granted under the Mining Act 1992, or
(b) a licence granted under the Offshore Minerals Act 1999.
(a) when used as a noun, means any coal operation within which coal is disturbed in its natural place of formation, and
(b) when used as a verb, means disturb, remove, cart, carry, crush or otherwise deal with coal or stone for the purpose of obtaining coal for profit or improving coal or carry out such other activities as may be prescribed by the regulations, but does not include:
(i) to explore for coal by drilling from the surface, or
(ii) to blend coal where this is done elsewhere than within a colliery holding.
(a) in relation to a coal operation that is a place within a colliery holding, means:
(i) the colliery holder, if the colliery holder nominated himself, herself or itself as the operator of the coal operation under section 17 and that nomination was not rejected, or
(ii) the person nominated by the colliery holder as the operator of the coal operation, and not rejected by the Chief Inspector, under section 17, or
(iii) (Repealed)
(b) in relation to any other coal operation, means the person with the day to day management of the coal operation.
(a) any land, building or part of any building, and
(b) any vehicle, vessel or aircraft, and
(c) any installation on land, on the bed of any waters or floating on any waters, and
(d) any tent or moveable structure.
(a) this Act, or
(b) the Coal Mines Regulation Act 1982, or
(b1) the Work Health and Safety Act 2011, or
(c) the Occupational Health and Safety Act 2000, or
(d) the Occupational Health and Safety Act 1983, or
(e) the Mines Inspection Act 1901, or
(f) the Mine Health and Safety Act 2004.
For the purposes of this Act, any building, structure, pit, shaft, drive, level, drift, excavation or work within a colliery holding:
(a) that is in the course of construction and that is intended to be part of a coal operation, or
(b) that is a part of a coal operation and that is in the course of being abandoned, or
(c) that is a part of a coal operation the operations at or in which are in the course of being discontinued,
is taken to be part of a coal operation.
For the purposes of this Act, a person is at work at a coal operation throughout the time when the person is at the coal operation, but not otherwise.
For the purposes of this Act,
(a) the manner of conducting an undertaking, or
(b) the plant or substances used for the purposes of an undertaking, or
(c) the condition of premises (or any part of premises) used for the purposes of an undertaking.
Notes included in this Act do not form part of this Act.
This Act applies to all places of work that are:
(a) within a colliery holding, or
(b) a coal exploration site, or
(c) the subject of a licence to mine coal under the Offshore Minerals Act 1999.
This Act also applies to abandoned coal operations and emplacement areas.
This Act does not apply to:
(a) any place that is of a class prescribed by the regulations or in circumstances or during time periods prescribed by the regulations, or
(b) any place specified by the Minister in a notice published in the Gazette.
The Minister is to notify any other Minister administering the Work Health and Safety Act 2011 if any notice under subsection (3) (b) is published in the Gazette. However, failure to notify that other Minister does not affect the validity of the notice published in the Gazette.
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
The objects of this Act are:
(a) to assist in securing the objects of the Work Health and Safety Act 2011 in relation to coal operations (including the object of securing and promoting the health, safety and welfare of people at work at coal operations or related places), and
(b) to put in place special provisions necessary for the control of particular risks arising from the mining of or exploration for coal, and
(c) to ensure that effective provisions for emergencies are developed and maintained at coal operations and related places.
The Work Health and Safety Act 2011 is the main Act that deals with the health, safety and welfare of persons at work. This Part explains how this Act fits in with the Work Health and Safety Act 2011. Basically, this Act creates additional protections, rights and obligations necessary because of the special risks associated with coal operations. This Part makes it clear that this Act provides for an increase in the standard of protection of persons at work at coal operations and does not result in less protection than the Work Health and Safety Act 2011 would otherwise provide.
This Act is to be read in conjunction with the Work Health and Safety Act 2011.
If a provision of the Work Health and Safety Act 2011 or the regulations made under that Act applies to coal operations, that provision continues to apply, and must be observed, in addition to this Act or the regulations made under this Act.
For example, Part 2 of the Work Health and Safety Act 2011 imposes duties relating to health, safety and welfare at coal operations. So does Part 5 of this Act. The provisions of this Act apply in addition to those of the WHS Act and do not remove any WHS protections, rights or obligations.
Without limiting subsection (1) or any other provision of this Act, the failure by an operator to comply with a provision of this Act or the regulations does not affect any liability of any other person under this Act or the regulations or under the Work Health and Safety Act 2011 or the regulations under that Act.
The provisions of the Work Health and Safety Act 2011 and the regulations under that Act prevail, to the extent of any inconsistency, over the provisions of this Act and the regulations under this Act.
For example, if a provision of this Act deals with a certain matter and a provision of the Work Health and Safety Act 2011 deals with the same matter and it is not possible to comply with both provisions, then a person must comply with the Work Health and Safety Act 2011 and not with this Act. If provisions of both Acts deal with the same matter but it is possible to comply with both provisions, then a person must comply with both Acts.
This section is subject to section 122.
Compliance with this Act or the regulations, or with any requirement imposed under this Act or the regulations, is not in itself a defence in any proceedings for an offence against the Work Health and Safety Act 2011 or the regulations under that Act.
Evidence of a relevant contravention of this Act or the regulations is admissible in any proceedings for an offence against the Work Health and Safety Act 2011 or the regulations under that Act.
Where an act or omission constitutes an offence:
(a) under this Act or the regulations, and
(b) under the Work Health and Safety Act 2011 or the regulations under that Act,
the offender is not liable to be punished twice in relation to the offence.
(Repealed)
Part 2 of the Work Health and Safety Act 2011 imposes duties relating to health, safety and welfare at work. Those duties apply to work at coal operations.
This Part imposes extra duties.
A colliery holder must not undertake any mining, or allow any other person to undertake any mining, at a coal operation within the colliery holding unless the colliery holder has nominated one person who is the employer with the day to day control of the coal operation as the operator of the coal operation.
Because of the definition of
A nomination must be made in writing to the Chief Inspector.
A colliery holder may nominate himself, herself or itself as the operator of a coal operation in the colliery holding.
If there is more than one separate and distinct coal operation within a colliery holding, the colliery holder may nominate the person who is the employer with the day to day control of each coal operation within the colliery holding.
A nomination under this section must be in the form prescribed by the regulations.
The Chief Inspector may require a colliery holder to provide further information concerning a nomination.
The Chief Inspector must tell the colliery holder who made the nomination if the nomination has been rejected. This must be done within 28 days of receiving the nomination or within any further time specified by the Chief Inspector when the Chief Inspector requests further information under subsection (5A).
The Chief Inspector may reject a nomination under this section:
(a) if the Chief Inspector believes that the nominated operator is not the employer with the day to day control of the coal operation, or
(b) if more than one nominated operator is nominated and the Chief Inspector believes:
(i) that allowing the number of persons nominated to be operators would be detrimental to the safety of one or more coal operations, or
(ii) that the different parts of the colliery holding nominated under subsection (4) are not sufficiently distinct to warrant the appointment of separate operators, or
(c) in circumstances prescribed by the regulations.
If a nomination is rejected it is taken, on and from the time the rejection is notified to the operator, not to have been made.
If an operator whose nomination has not been rejected under this section ceases to be the employer with the day to day control of the coal operation, the colliery holder must not undertake any mining, or allow any other person to undertake any mining, at the coal operation unless the colliery holder has nominated another operator of the coal operation. This section applies to a further nomination in the same way as it applies to an initial nomination.
This section does not require a colliery holder to nominate an operator if a previous colliery holder of the colliery holding nominated an operator other than himself, herself or itself and that nomination was accepted.
The regulations may provide for when a person is taken to cease to be the employer with the day to day control of a mine for the purposes of this section.
Subject to the regulations, the fact that an operator was not, when nominated as the operator under this section, the employer with the day to day control of the mine concerned does not affect the operator’s obligations under this Act.
Subject to the regulations, the fact that an operator has ceased to be the employer with the day to day control of the mine does not affect the operator’s obligations under this Act.
If a colliery holder nominates a person other than himself, herself or itself as the operator of a coal operation, the colliery holder must provide the person nominated with all information available to the colliery holder that may reasonably be relevant to the development and implementation of a health and safety management system for the coal operation (including any major hazard management plans that form part of that system).
The regulations may prescribe the information that must be provided under this section.
A colliery holder who contravenes, whether by act or omission, a provision of this Division is guilty of an offence against that provision.
Maximum penalty: 250 penalty units.
The operator of a coal operation at which mining is carried out must prepare a statement in accordance with this Act and the regulations, stating how the health and safety of the people who work at the coal operation, or who are directly affected by the coal operation, will be protected. This is a
For the purposes of this section, a person may be directly affected by a coal operation even if the person is not inside the coal operation.
The regulations may specify which people are directly affected by a coal operation for the purposes of this Subdivision.
This section does not require an operator to prepare a mine safety management plan for a mine if:
(a) a previous operator of the mine prepared a plan that complies with this Act and the regulations, and
(b) the plan is adopted by the subsequent operator.
The operator of a coal operation must ensure that mining is not carried out by any person at the coal operation unless a health and safety management system that complies with this Act and the regulations is implemented for the coal operation.
Because of the definition of
The operator of a coal operation must ensure that mining at the coal operation is carried out in compliance with the health and safety management system for the coal operation. This includes activities undertaken by contractors who undertake work at the coal operation.
The purpose of a health and safety management system must be to provide the primary means by which an operator ensures the health, safety and welfare of employees and others at a coal operation and of people directly affected by a coal operation, including people who are not at the coal operation.
A health and safety management system for a coal operation must provide:
(a) the basis for the identification of hazards, and of the assessment of risks arising from those hazards, by the operator of the coal operation, and
(b) for the development of controls for those risks, and
(c) for the reliable implementation of those controls.
A health and safety management system must include:
(a) system elements (which must include, but are not limited to, health and safety policy, risk management, training and competence, information control and system evaluation), and
(b) any major hazard management plans required for the coal operation under Subdivision 2, and
(c) the management structure of the coal operation required under Subdivision 3, and
(d) any contractor management plan required for the coal operation under Subdivision 4, and
(e) any other matter prescribed by the regulations.
The regulations may require a health and safety management system to be consistent with any management system standard specified in the regulations.
The regulations may specify matters that do not need to be included in a health and safety management system.
The people who work at the coal operation must be consulted, in the manner required by the regulations, during the preparation of the health and safety management system and before its amendment.
Information relating to the health and safety management system for a coal operation must be supplied by the operator of the coal operation to the Chief Inspector and an industry check inspector.
The regulations may specify:
(a) the form and content of information to be supplied, which may include, but is not limited to, the elements of the health and safety management system to be supplied, and
(b) whether any summary of the health and safety management system is to be supplied and, if so, what summary.
The Chief Inspector may object to a health and safety management system if he or she forms the view:
(a) that the health and safety management system does not comply with the requirements of this Act or the regulations, or
(b) that there was insufficient or inadequate consultation in the preparation of the health and safety management system, or
(c) that the health and safety management system is insufficient to protect the health and safety of those who work at the coal operation or those affected by the coal operation.
If the Chief Inspector has an objection to a health and safety management system for a coal operation, the Chief Inspector must notify the operator of the coal operation in writing of the objection. The health and safety management system must not be implemented until the objection has been resolved.
If the Chief Inspector notifies an operator of an objection, the operator must revise the health and safety management system, taking into account any matters raised in the objection, and submit it to the Chief Inspector within the time prescribed by the regulations.
If the Chief Inspector has not notified the operator of an objection within 21 days after receiving information concerning the system, or within any other period prescribed by the regulations, the operator may implement a health and safety management system. The system may not be implemented before that period ends.
An industry check inspector may raise objections with the Chief Inspector regarding the content of a health and safety management system.
The Chief Inspector must have regard to any objection raised under this section.
Nothing in this section prevents an industry check inspector from raising matters concerning the content of a health and safety management system for a coal operation directly with the operator of the coal operation.
The operator of a coal operation at which mining is carried out must regularly review the health and safety management system for the coal operation, including any major hazard management plans, the management structure and any contractor management plan. That review must occur at least once every 3 years.
In addition to that regular review, an operator must immediately review the health and safety management system:
(a) as at 12 months after the commencement of mining at the coal operation, or
(b) if there is a fatality at or arising directly from the coal operation, or
(c) if there is a dangerous incident at the coal operation that could reasonably have been expected to result in a fatality, or
(d) if there is a significant change in operations that may affect health and safety, or
(e) if required to do so by the Chief Inspector in writing, or
(f) if required to do so by the regulations.
A review under subsection (2) is required to consider only the relevant parts of the health and safety management system.
The people who work at the coal operation must be consulted, in the manner prescribed by the regulations, as part of the review.
A review must be completed within 6 months after it is required by this section.
If a health and safety management system for a coal operation is amended after it is in operation, information concerning the amended system must, if the regulations require it, be sent by the operator of the coal operation to the Chief Inspector and an industry check inspector before the proposed commencement of the amendment.
Sections 23, 24 and 25 apply to an amendment to a health and safety management system in the same way as they apply to a health and safety management system.
If the Chief Inspector is of the view:
(a) that the amended health and safety management system does not comply with the requirements of this Act or the regulations, or
(b) that there was insufficient or inadequate consultation concerning the amendment of the health and safety management system, or
(c) that the amended health and safety management system is insufficient to protect the health and safety of those at the coal operation or those affected by the coal operation,
the Chief Inspector may object to the amended health and safety management system.
If the Chief Inspector notifies an operator of an objection, the operator must either withdraw or revise the amendment to the health and safety management system, taking into account any matters raised in the objection, and submit it to the Chief Inspector within the time prescribed by the regulations.
The operator may implement the amended health and safety management system immediately after informing the Chief Inspector of the amendment, unless the amendment is of a kind that the regulations provide cannot be implemented during a prescribed period after informing the Chief Inspector.
An up-to-date copy of the health and safety management system for a coal operation must be kept at the on-site office of the coal operation by the operator of the coal operation and must be made available for inspection by:
(a) a government official, or
(b) a check inspector who is entitled to exercise functions in relation to the coal operation, or
(c) any person who works at the coal operation.
The operator of a coal operation must immediately supply the Chief Inspector with an up-to-date copy of the health and safety management system for the coal operation if the Chief Inspector requests a copy.
If a person ceases to be the operator of a coal operation, that person must return to the colliery holder any information provided to the person under section 18 or otherwise obtained by the person in the course of exercising the functions of an operator prescribed by the regulations, whether or not updated by the operator. That information must be returned as soon as practicable after the person ceases to be the operator.
The regulations may prescribe a hazard to people (whether or not they are at work) as a
The Minister may declare by notice published in the Gazette that the operator of a coal operation, or the operators of a class of coal operations, must undertake a specified process or processes to identify any major hazard that affects the coal operation.
A major hazard so identified is a major hazard to which this Subdivision applies.
An operator of a coal operation must not fail to comply with a requirement imposed by a declaration under this section.
The Minister may declare by notice in the Gazette that a coal operation, or a class of coal operations, is subject to a risk from mining from a major hazard to which this Subdivision applies.
If a risk from mining at a coal operation arises from a major hazard to which this Subdivision applies, the operator must establish and maintain a major hazard management plan for each such major hazard as a part of the health and safety management system for the coal operation.
In addition, an operator must establish a major hazard management plan for each major hazard identified by the operator in the operator’s assessment of risks arising from the coal operation carried out in the preparation or implementation of the health and safety management system for the coal operation.
A separate major hazard management plan must be prepared for each major hazard.
A major hazard management plan must state how the health and safety of the people who work at or are affected by the coal operation will be protected from the major hazard.
A major hazard management plan must also make provision for the matters prescribed by the regulations.
A major hazard management plan may refer to or incorporate, with or without modification, a document prepared or published by a body specified in the plan, as in force at a particular time or from time to time.
As part of the health and safety management system for a coal operation, the operator of the coal operation must prepare a document that sets out the management structure of the coal operation.
The management structure must nominate people within the structure by position and must outline their areas of responsibility and accountability.
The management structure for a coal operation that is a mine must include a competent person to perform the functions of the manager of mining engineering.
The management structure must include competent people with appropriate mining, electrical and mechanical engineering competence.
The management structure for an underground mine must include competent people to perform the functions of the manager of electrical engineering and the manager of mechanical engineering.
The management structure for a coal operation must include competent people to perform the functions of supervisors of the operation.
An operator must take all reasonable steps to maintain the management structure. This includes having others acting in, and the timely filling of, vacant positions in the structure.
During an emergency, the management structure of a coal operation may be suspended and a different management structure may be put into place for the duration of the emergency.
The operator of a coal operation must keep a register at the on-site office of the coal operation containing the names of people occupying positions in the management structure for the operation.
The register must cover both current occupants of positions and occupants for the previous 5 years (including any period before the commencement of this section).
The register is to be made available for inspection on request by a government official, an industry check inspector, a site check inspector or by any person who works at the coal operation.
As part of the health and safety management system for a coal operation, the operator of a coal operation at which contractors are proposed to be used must prepare a contractor management plan, stating how the risks arising from the use of contractors at the coal operation will be managed.
A contractor management plan for a coal operation must make provision for the matters prescribed by the regulations.
The operator of a coal operation at which any contractor proposes to work must ensure, before that work commences, that consultation occurs with the contractor so that:
(a) the contractor is familiar with the relevant parts of the health and safety management system and the contractor management plan for the coal operation, and
(b) the contractor’s arrangements for health and safety management are consistent with the health and safety management system for the coal operation.
The operator of a coal operation must ensure that each contractor who proposes to work at the coal operation provides the operator, or a person designated by the operator, with:
(a) a written safe work method statement for the work to be carried out by the contractor, and
(b) if section 75 applies to the contractor, a site-specific work health and safety management plan.
These must be provided before the contractor commences work at the coal operation.
A safe work method statement must:
(a) describe how work is to be carried out, and
(b) identify the work activities assessed as having safety and health risks, and
(c) identify the safety and health risks, and
(d) describe the control measures that will be applied to the work activities, and
(e) make provision for the matters required by the regulations.
An operator must ensure:
(a) that a contractor is directed to comply with:
(i) the safe work method statement that the contractor has provided, and
(ii) the requirements of this Act and the regulations, of the Work Health and Safety Act 2011 and of the regulations made under that Act, and
(b) that the activities of a contractor are monitored to the extent necessary to determine whether or not the contractor is complying with:
(i) the safe work method statement that the contractor has provided, and
(ii) the requirements of this Act and the regulations, of the Work Health and Safety Act 2011 and of the regulations made under that Act, and
(c) if the contractor is not so complying, that the contractor is directed to take action immediately to comply with the safe work method statement or the requirements of this Act and the regulations, of the Work Health and Safety Act 2011 and of the regulations made under that Act, and
(d) that if a risk to the health or safety of a person arises because of the non-compliance, the contractor is directed to stop work immediately and not to resume work until the safe work method statement or those requirements, or both, are complied with, unless an immediate cessation of work is likely to increase the risk to health or safety, in which event the contractor must be directed to stop work as soon as it is safe to do so.
A failure by an operator to give a direction, or to ensure that a direction is given, under this section does not affect any liability of the contractor under this Act or the regulations or under the Work Health and Safety Act 2011 or the regulations made under that Act.
The operator of a coal operation must ensure that a contractor does not commence work at the coal operation unless the contractor has been provided with a copy of the parts of the operator’s health and safety management system for the place of work that are relevant to the contractor.
For the purposes of this Subdivision, an
The operator of a coal operation must ensure that an emergency management system that complies with this Subdivision is prepared for the coal operation.
The operator of a coal operation must ensure that mining is not carried out at the coal operation unless an emergency management system that complies with this Subdivision is implemented for the coal operation.
Because of the definition of
An emergency management system must contain an up-to-date plan of the coal operation and any other plan required by the regulations.
An emergency management system must adequately address, but is not limited to addressing, the following matters:
(a) the identification of the nature of risks at a coal operation that could result in an emergency if control measures fail,
(b) the description of the measures to be taken to prevent or limit the harmful consequences of incidents associated with each of the identified risks, including measures to identify the location of people who may be at risk,
(c) the identification of the equipment, facilities and communication systems necessary to control or limit the consequences of those incidents and the arrangements for ensuring that they are readily available,
(d) the description of the procedures necessary to control or limit these incidents and the competence required by people to undertake the procedures in an emergency setting,
(e) the identification of the control structure that is to apply in the event of an emergency and the means by which that structure is to be communicated throughout the operation,
(f) the identification of key personnel and resources (both internal and external) available to be called on in the case of an emergency,
(g) the identification of the procedures for testing the effectiveness of the system and ensuring that all necessary equipment, facilities, systems, procedures and training are maintained,
(h) any other matter prescribed by the regulations.
The people who work at the coal operation must be consulted, in the manner prescribed by the regulations, during the preparation of the emergency management system and before its amendment.
Information relating to the emergency management system for a coal operation must be supplied by the operator of the coal operation to the Chief Inspector and an industry check inspector before the emergency management system is implemented.
The regulations may specify:
(a) the form and content of information to be supplied, which may include, but is not limited to, the elements of the emergency management system to be supplied, and
(b) whether any summary of the emergency management system is to be supplied and, if so, what summary.
If an emergency management system for a coal operation is amended after it is in operation, information concerning the amended system must, if the regulations require it, be sent by the operator of the coal operation to the Chief Inspector and an industry check inspector. That information must be sent before the amendment to the emergency management system is implemented.
An up-to-date copy of the emergency management system for a coal operation must be kept at the on-site office of the coal operation by the operator of the coal operation and must be made available for inspection by:
(a) a government official, or
(b) a check inspector who is entitled to exercise functions in relation to the coal operation, or
(c) any person who works at the coal operation.
The operator of a coal operation must immediately supply the Chief Inspector with an up-to-date copy of the emergency management system for the coal operation if the Chief Inspector requests a copy.
The operator of a coal operation must ensure that the people required to perform duties as part of the emergency management system for the coal operation are competent to carry out those duties and are given appropriate training.
The operator of a coal operation must ensure that the emergency management system for the coal operation is reviewed:
(a) as soon as practicable after any emergency has occurred at the coal operation, and
(b) whenever the health and safety management system for the coal operation is reviewed.
The people who work at the coal operation must be consulted, in the manner prescribed by the regulations, during the review.
A review under this section is required only to consider the relevant parts of the emergency management system.
The regulations may prescribe an activity as a
The regulations may provide that an activity being carried out at the time that it is prescribed as a high risk activity can continue without being subject to this Subdivision.
The operator of a coal operation must ensure that a high risk activity to which this Subdivision applies is not carried out at or in relation to the coal operation unless, before the activity is commenced:
(a) the operator has given notice of the activity to the Chief Inspector, an industry check inspector and the site check inspector for the coal operation, and
(b) such waiting period as may be prescribed by the regulations in relation to the activity has elapsed.
The waiting period in relation to a particular high risk activity may be varied by the Chief Inspector so long as the industry check inspector who has been notified of the activity is consulted by the Chief Inspector in relation to the variation.
Notice under this section must be given in the form prescribed by the regulations and must be accompanied by any information required by the regulations.
Notice is taken to have been given when it is received by both the Chief Inspector and an industry check inspector.
The operator of a coal operation must keep the records concerning health and safety that are required by the regulations, in the manner required by the regulations and for at least the time required by the regulations.
The operator of a coal operation must make the reports concerning health and safety that are required by the regulations, in the manner required by the regulations.
An operator or former operator of a coal operation who contravenes, whether by act or omission, a provision of this Division is guilty of an offence against that provision.
Maximum penalty:
(a) in the case of a corporation (being a previous offender)—7,500 penalty units, or
(b) in the case of a corporation (not being a previous offender)—5,000 penalty units, or
(c) in the case of an individual (being a previous offender)—750 penalty units or imprisonment for 2 years, or both, or
(d) in the case of an individual (not being a previous offender)—500 penalty units.
If a notice or direction is given under this Act to a person as the operator of a coal operation and that person is replaced as operator by another person, any notice or direction is taken to have been given to the new operator.
Nothing in this section affects any liability for an offence committed by a person when the person was an operator of a coal operation.
An employee who works at any coal operation must:
(a) comply with the health and safety management system for the coal operation, and
(b) follow the operator’s procedures for emergencies as set out in the emergency management system for the coal operation.
An employee who works at a coal operation must inform the operator of any circumstances that the employee considers may lead to a loss of control of a major hazard.
An employee who works at a coal operation must immediately report to his or her immediate supervisor any situation that the employee believes could present a risk to health and safety and that is not within the employee’s competence to control. If the employee’s supervisor is not immediately available, the employee must instead immediately report to another senior person at the coal operation.
Maximum penalty:
(a) in the case of a previous offender—45 penalty units, or
(b) in any other case—30 penalty units.
An employee who works at a coal operation has the right to remove himself or herself from any location at the coal operation when circumstances arise that appear to the employee, with reasonable justification, to pose a serious danger to his or her own health, safety or welfare.
An employer of any person who works at a coal operation must not dismiss an employee, injure an employee in his or her employment or alter an employee’s position to his or her detriment because:
(a) the employee participates in a consultation process required by this Act or the regulations,
(b) the employee exercises rights under this Act or the regulations,
(c) the employee performs functions or complies with duties under this Act or the regulations or assists a government official,
(d) the employee is a check inspector.
In proceedings for an offence against this section, if all the facts constituting the offence other than the reason for the defendant’s action are proved, the onus of proving that the dismissal, injury or alteration was not actuated by the reason alleged in the charge lies on the defendant.
If a person is found guilty by a court of contravening this section, the court may order the person:
(a) to pay the employee a specified sum by way of reimbursement for the salary or wages lost by the employee, and
(b) to reinstate the employee to his or her usual position or a similar position.
Such a person must give effect to an order of the court under subsection (3).
Maximum penalty (subsections (1) and (4)):
(a) in the case of a corporation (being a previous offender)—375 penalty units, or
(b) in the case of a corporation (not being a previous offender)—250 penalty units, or
(c) in the case of an individual (being a previous offender)—225 penalty units, or both, or
(d) in the case of an individual (not being a previous offender)—150 penalty units.
This Division applies to an employee of a contractor who works at a coal operation, to the extent that it applies to work done by the employee, in the same way as it applies to an employee of an operator.
The manager of mining engineering for a coal operation must advise the operator of health and safety standards and practices in the manager’s discipline.
The manager of mining engineering for a coal operation must bring any significant deviation from those standards and practices, and any risks to health and safety that he or she becomes aware of, to the attention of the operator.
A failure by the manager of mining engineering to bring such a deviation to the operator’s attention does not affect any liability of the operator under this Act or the regulations or under the Work Health and Safety Act 2011 or the regulations made under that Act.
The manager of electrical engineering for a coal operation must advise the operator of health and safety standards and practices in the manager’s discipline.
The manager of electrical engineering for a coal operation must bring any significant deviation from those standards and practices, and any risks to health and safety that he or she becomes aware of, to the attention of the operator.
A failure by the manager of electrical engineering to bring such a deviation to the operator’s attention does not affect any liability of the operator under this Act or the regulations or under the Work Health and Safety Act 2011 or the regulations made under that Act.
The manager of mechanical engineering for a coal operation must advise the operator of health and safety standards and practices in the manager’s discipline.
The manager of mechanical engineering for a coal operation must bring any significant deviation from those standards and practices, and any risks to health and safety that he or she becomes aware of, to the attention of the operator.
A failure by the manager of mechanical engineering to bring such a deviation to the operator’s attention does not affect any liability of the operator under this Act or the regulations or under the Work Health and Safety Act 2011 or the regulations made under that Act.
A person who holds a management position at a coal operation must comply with the health and safety management system for the coal operation.
A person who holds a management position at a coal operation must inform the operator of the coal operation if he or she is aware that the conduct of the coal operation does not conform with the Work Health and Safety Act 2011 or the regulations made under that Act or with this Act or the regulations made under this Act.
A failure by a person to inform the operator under this section does not affect any liability of the operator under the Work Health and Safety Act 2011 or the regulations made under that Act or under this Act or the regulations made under this Act.
A person who contravenes, whether by act or omission, a provision of this Division is guilty of an offence against that provision.
Maximum penalty:
(a) in the case of a previous offender—75 penalty units, or
(b) in any other case—50 penalty units.
A supervisor at a coal operation must comply with the health and safety management system for the coal operation.
A supervisor at a coal operation must inform the operator of the coal operation if he or she is aware that the conduct of the coal operation does not conform with the Work Health and Safety Act 2011 or this Act or the regulations under either Act.
A failure by a supervisor to inform the operator under this section does not affect any liability of the operator under the Work Health and Safety Act 2011 or this Act or the regulations under either Act.
A person who contravenes, whether by act or omission, a provision of this Division is guilty of an offence against that provision.
Maximum penalty:
(a) in the case of a previous offender—75 penalty units, or
(b) in any other case—50 penalty units.
A contractor who works at a coal operation must comply with the health and safety management system of the operator for the coal operation to the extent that it applies to work done by the contractor.
A contractor must not commence work at a coal operation unless the contractor:
(a) has undertaken an assessment of the risks associated with the work to be carried out by the contractor, and
(b) has prepared a written safe work method statement that includes a copy of the assessment of risks, and
(c) has provided a copy of that statement to a person designated by the operator of the coal operation.
A contractor:
(a) must maintain and keep up-to-date the contractor’s safe work method statement for a place of work, and
(b) must provide a person designated by the operator with any changes made to the safe work method statement.
The requirements for a safe work method statement are set out in section 42.
A contractor must ensure that all work carried out by the contractor, or by an employee of the contractor, at a coal operation is carried out in accordance with the safe work method statement prepared by the contractor in relation to that coal operation.
If a risk to the health or safety of a person arises because of non-compliance with the statement, a contractor must ensure that work is stopped immediately and does not resume until the statement is complied with.
However, if the immediate cessation of work is likely to increase the risk to health or safety, the contractor is not required to stop the work immediately but must stop the work as soon as it is safe to do so.
If there is a conflict between the health and safety management system for a coal operation and the safe work method statement of a contractor, the health and safety management system prevails.
This section applies to contractors of a class prescribed by the regulations.
A contractor must ensure that, before commencing work at a coal operation, a site-specific work health and safety management plan is prepared for that coal operation.
A contractor must ensure that the work health and safety management plan includes:
(a) a statement of responsibilities, listing the names, positions and responsibilities of all people who will have specified responsibilities at the coal operation for work health and safety in relation to the contractor’s work, and
(b) details of the arrangements for managing work health and safety incidents, including the means of informing the coal operator in a timely fashion, and
(c) any work specific safety rules and details of the arrangements for ensuring that all persons involved in the work are informed of the rules, and
(d) safe work method statements for all work activities assessed as having safety or health risks, and
(e) any other matters required by the regulations.
A contractor must supply a copy of the work health and safety management plan to the operator of the coal operation prior to work commencing at the coal operation.
If requested, a contractor must supply a copy of the work health and safety management plan to a government official or a check inspector as soon as practicable after the request. Such a request may be made before or after work commences.
A contractor must ensure that a copy of the work health and safety management plan is available for inspection during the course of work:
(a) by any person working at the place of work concerned and by any person about to commence work at that place, and
(b) by a representative of the coal operator, a government official or a check inspector.
A contractor must ensure that work carried out by the contractor at the coal operation is carried out in compliance with the work health and safety management plan for the coal operation.
If there is a conflict between the health and safety management system for a coal operation and the work health and safety management plan of a contractor, the health and safety management system prevails.
A contractor who works at a coal operation must ensure that any subcontractor of the contractor provides the operator of the coal operation, or a person nominated by the operator, with:
(a) a written safe work method statement for the work to be carried out by the subcontractor, and
(b) if section 75 applies to the subcontractor, a site-specific work health and safety management plan.
These must be provided before the subcontractor commences work at the coal operation.
A contractor who works at a coal operation must ensure that any subcontractor of the contractor complies with the health and safety management system of the operator of the coal operation.
A contractor to whom section 75 applies must ensure that a copy of any parts of the contractor’s work health and safety management plan that are relevant to a subcontractor contracted by the contractor or employee employed by the contractor are provided to the subcontractor or employee before the subcontractor or employee commences work at the place of work concerned.
A contractor to whom section 75 applies must ensure that, if any change is made to the work health and safety management plan during the course of work, a copy of any part of the plan that has been changed and that is relevant to a subcontractor or employee of the contractor is provided to the subcontractor or employee as soon as practicable after the change is made.
A contractor must ensure that, if any change is made to the safe work method statement during the course of work, a copy of any part of the statement that has been changed and that is relevant to a subcontractor or employee of the contractor is provided to the subcontractor or employee as soon as practicable after the change is made.
A person who contravenes, whether by act or omission, a provision of this Division is guilty of an offence against that provision.
Maximum penalty:
(a) in the case of a corporation (being a previous offender)—7,500 penalty units, or
(b) in the case of a corporation (not being a previous offender)—5,000 penalty units, or
(c) in the case of an individual (being a previous offender)—750 penalty units or imprisonment for 2 years, or both, or
(d) in the case of an individual (not being a previous offender)—500 penalty units.
An exploration holder must not commence drilling operations unless the exploration holder has given the Chief Inspector at least 7 days’ written notice of the operations.
If notice has been given of drilling operations on particular land, no further notice is required if other related drilling operations are later commenced on that land.
That notice must contain the details required by the regulations.
In this section:
(a) drilling carried out under the authority of section 81 of the Mining Act 1992, and
(b) drilling done for mining purposes in connection with the mining of coal, and
(c) the preparation of a drill site, and
(d) the restoration of a drill site.
The regulations may require a person, or a person of a specified class, to give notice to the Chief Inspector of the commencement or discontinuation of operations or activities at a coal operation that are prescribed by the regulations.
The regulations may prescribe the amount of notice to be given and the details that are required to be contained in the notice.
A person who is required to give notice must comply with the regulations made under this section.
A person who contravenes, whether by act or omission, a provision of this Division is guilty of an offence against that provision.
Maximum penalty:
(a) in the case of a corporation (being a previous offender)—750 penalty units, or
(b) in the case of a corporation (not being a previous offender)—500 penalty units, or
(c) in the case of an individual (being a previous offender)—375 penalty units or imprisonment for 2 years, or both, or
(d) in the case of an individual (not being a previous offender)—250 penalty units.
A person on whom a duty is imposed under this Part may be subject to more than one duty under this Part.
Compliance with the regulations is not in itself a defence in any proceedings for an offence against this Part.
However, a relevant contravention of the regulations is admissible in evidence in any proceedings for an offence against this Part.
This section is subject to any regulations under section 197 or 198.
See Part 11 for provisions relating to the use of approved coal mining industry codes of practice in proceedings for offences against this Part.
(Repealed)
More than one contravention of a provision of this Part by a person that arise out of the same factual circumstances may be charged as a single offence or as separate offences.
This section does not authorise contraventions of 2 or more of those provisions to be charged as a single offence.
A single penalty only may be imposed in respect of more than one contravention of any such provision that is charged as a single offence.
Nothing in this Part is to be construed:
(a) as conferring a right of action in any civil proceedings in respect of any contravention, whether by act or omission, of any provision of this Part, or
(b) as conferring a defence to an action in any civil proceedings or as otherwise affecting a right of action in any civil proceedings.
Subsection (1) does not affect the extent (if any) to which a breach of duty imposed by the regulations is actionable (including any regulation that adapts a provision of this Part).
The operator of a coal operation that is a mine must not mine or cause to be mined any seam of coal in the mine without leaving a barrier of the specified width:
(a) against the external boundaries of the colliery holding in which the mine is situated, and
(b) against any outcrop of the seam, and
(c) between any underground workings and any open cut working situated within the colliery holding in which the mine is situated.
For the purposes of subsection (1), the specified width is 20 metres or any other distance that the Minister may specify in a direction given to the operator of the coal operation.
In giving a direction under subsection (2), the Minister:
(a) may fix the width of a barrier in respect of any seam or portion of a seam within a mine and specified in the direction or in respect of all the seams within a mine or all seams within a mine other than those so specified, and
(b) must so fix the width of a barrier in respect of any seam so that a barrier of not less than 40 metres must be maintained between workings of adjacent mines.
A person must not fail to comply with a direction under this section.
The Minister may direct the operator of a coal operation:
(a) to leave in any mine that forms part of the coal operation a barrier of the width that is specified in the direction against the mean high water mark of tidal waters, and
(b) to leave in the mine that forms part of the coal operation a protective pillar of the dimensions that are specified in the direction against surface improvements or features, whether natural or artificial, including mine workings, whether discontinued or otherwise.
In giving a direction under subsection (1), the Minister:
(a) may fix the width of a barrier in respect of any seam or portion of a seam within a mine and specified in the direction or in respect of all the seams within a mine or all seams within a mine other than those so specified, and
(b) must so fix the width of a barrier in respect of any seam so that a barrier of not less than 40 metres must be maintained between workings of any mine adjoining the mine.
An operator must not fail to comply with a direction given to the operator under this section.
If any workings in a mine encroach on any barrier or protective pillar required to be provided pursuant to:
(a) this Division, or
(b) any conditions contained in any lease granted under the Mining Act 1992 or any licence granted under the Offshore Minerals Act 1999,
the Minister may, if of the opinion that it is necessary to do so in order to ensure the safety of people working in the mine or in any mine adjoining the mine, direct the operator to carry out any works that the Minister thinks fit within the time specified in the direction.
An operator must not fail to comply with a direction given to the operator under this section.
This section applies whether the lease or licence is granted before or after the commencement of this section.
The Minister may grant approval, subject to any conditions that the Minister considers necessary, to the operator of a coal operation to mine any barrier or protective pillar provided pursuant to this Division.
An operator must not fail to comply with a condition of an approval given to the operator under this section.
An operator of a coal operation who contravenes, whether by act or omission, a provision of this Division is guilty of an offence against that provision.
Maximum penalty:
(a) in the case of a corporation (being a previous offender)—3,750 penalty units, or
(b) in the case of a corporation (not being a previous offender)—2,500 penalty units, or
(c) in the case of an individual (being a previous offender)—375 penalty units, or
(d) in the case of an individual (not being a previous offender)—250 penalty units.
If there is no operator for a coal operation within a colliery holding, the obligations imposed on an operator by this Division are imposed on the colliery holder or the person on whose application the relevant land was last registered as, or recorded as part of, a colliery holding.
The operator of a mine must:
(a) cause every shaft or outlet at a mine, when it ceases to be used, to be securely fenced off as soon as practicable and to be fully sealed or filled in a manner approved by the Chief Inspector, or provided with an enclosure, barrier, plug or seal approved by the Chief Inspector, within 30 days after the mine ceases to be used, and
(b) cause the seal, fill, enclosure, barrier or plug to be properly maintained, and
(c) before abandoning the mine, cause every shaft or outlet at the mine to be fully sealed or filled in a manner approved by the Chief Inspector, or provided with an enclosure, barrier, plug or seal approved by the Chief Inspector.
If the operator of a mine is not the occupier of the land on which work is required to be carried out under subsection (1), the operator of the mine must give reasonable notice to the occupier of the land before causing the work to be carried out.
The Chief Inspector may, by notice in writing, require an operator or former operator of a mine that has ceased to be used before or after it is abandoned, to carry out work to ensure that:
(a) a shaft or outlet at that mine is fully sealed or filled, or
(b) a shaft or outlet at that mine is provided with an enclosure, barrier, plug or seal approved by the Chief Inspector, or
(c) any existing seal, fill, enclosure, barrier or plug at that mine remains effective.
A person to whom a notice has been given under this section must comply with the notice within the time specified by the notice.
If the former operator of a mine is not the occupier of the land on which work is required to be carried out under subsection (1), the former operator of the mine must give reasonable notice to the occupier of the land before causing the work to be carried out.
An occupier of land or other person must not wilfully obstruct the operator of a mine or any other person in doing any act required to be done by or under section 92 (1) or 93 (1).
Any shaft or outlet of a mine that is not fully sealed or filled in a manner approved by the Chief Inspector, or provided with an approved enclosure, barrier, plug or seal, as required by section 92 (1) or 93 (1) and that:
(a) is within 50 metres of any highway, road, footpath or place of public resort, or
(b) is in open or unenclosed land,
is taken to be a public nuisance for the purposes of section 125 of the Local Government Act 1993.
The Minister may cause to be served on the owner of land on which is situated any shaft or outlet of an abandoned mine that is not fully sealed or filled in a manner approved by the Chief Inspector, or provided with an approved enclosure, barrier, plug or seal, a direction requiring the owner:
(a) to fully seal or fill the shaft or outlet in a manner approved by the Chief Inspector, or
(b) to provide the shaft or outlet with an enclosure, barrier, plug or seal approved by the Chief Inspector,
within the period specified in the direction.
A person to whom a direction is given under subsection (1) must comply with the direction.
If a person to whom a direction is given under subsection (1) does not comply with the direction within the period specified in the direction, the Minister may cause the work specified in the direction to be carried out.
Any costs or expenses incurred by or on behalf of the Minister under subsection (3) in carrying out any work specified in a direction given under subsection (1) is a debt due to the Crown by the person to whom the direction was given.
In any proceedings instituted for the recovery from a person of a debt due by that person to the Crown under subsection (4), a certificate of the Minister that a specified amount is the amount of the debt so due is evidence of that fact.
A debt due by any person to the Crown under subsection (4) is recoverable despite the fact that that person is convicted of an offence under subsection (2).
A person to whom a direction is given under subsection (1), or any person authorised by the Minister for the purposes of subsection (3), may, upon giving reasonable notice to the occupier of the land, enter on or remain on any land for the purpose of complying with the direction or with subsection (3), as the case may require.
This section does not apply to the owner of land on which is situated:
(a) a mine abandoned before 26 March 1984, or
(b) a mine the subject of a mining lease granted under the Mining Act 1992 in respect of coal.
A person who contravenes, whether by act or omission, a provision of this Division is guilty of an offence against that provision.
Maximum penalty:
(a) in the case of a corporation (being a previous offender)—3,750 penalty units, or
(b) in the case of a corporation (not being a previous offender)—2,500 penalty units, or
(c) in the case of an individual (being a previous offender)—375 penalty units, or
(d) in the case of an individual (not being a previous offender)—250 penalty units.
In this Division:
(a) any pile, heap, hole, excavation or place in which or on which reject (whether in a solid state or in a solution or suspension) is piled, heaped, dumped, accumulated, deposited or placed, and
(b) any wall or other structure that retains or confines reject, whether or not that wall or structure is itself composed of reject,
but does not include an accumulation or deposit of reject situated underground.
For the purposes of this Division, an emplacement area:
(a) is taken to be in use if its use has not been discontinued, and
(b) is taken to be kept secure if:
(i) it is not unstable, and
(ii) it is not on fire, and
(iii) no noxious water is escaping from it.
The Minister may direct an occupier of land on which there is an emplacement area or, where there is no occupier, the land owner, to make the emplacement area safe.
An occupier or land owner must comply with a direction under this section.
A person must not establish any emplacement area except with the approval of the Minister and in the manner and subject to any conditions that the Minister may determine.
The Minister’s approval under subsection (1) may be granted without limit as to time or may be for a specified period.
A person applying for the Minister’s approval under this section must furnish any information, documents and plans relevant to the approval that the Minister may require.
A person who has established an emplacement area pursuant to an approval granted under section 100 must not discontinue use of that emplacement area without the Minister’s approval.
Despite subsection (1), the Chief Inspector may grant approval to discontinue use of an emplacement area established pursuant to an approval granted under section 100 for a period not exceeding 6 months subject to any conditions that the Chief Inspector may determine.
A person must not recommence using an emplacement area that the person has ceased using by virtue of an approval granted under subsection (2) without the consent of the Chief Inspector.
This section applies to emplacement areas whether established before or after 26 March 1984.
An occupier must ensure that an emplacement area:
(a) is constructed, or the construction of the emplacement area is continued, as the case may be, in accordance with sound engineering practice, and
(b) is compatible with the environment, and
(c) is kept secure.
The occupier of an emplacement area must take any steps that may be necessary to ensure that the occupier is at all times in possession of all information relevant to the performance of the occupier’s duties under this section.
The Chief Inspector may, by notice served on the occupier of an emplacement area, require the occupier, whether the emplacement area is in use or not, to carry out any tests relating to the safety and security of the emplacement area that the Chief Inspector may specify in the notice.
The occupier of an emplacement area must furnish to the Chief Inspector the results of any tests carried out in compliance with subsection (4).
The Chief Inspector may, by notice served on the occupier of an emplacement area that is in use, require the occupier to furnish plans of the emplacement area and plans of future dumping operations.
If there is a right of appeal or objection against a decision or notice under this Division, the decision or notice takes effect:
(a) where no appeal or objection is lodged within the period prescribed by the regulations—from the expiration of that period, or
(b) where an appeal or objection is lodged and the decision or notice is not revoked—from the date of the final decision made on that appeal or objection,
and, if varied or amended on appeal or objection, takes effect as varied or amended.
A person who contravenes, whether by act or omission, a provision of this Division is guilty of an offence against that provision.
Maximum penalty:
(a) in the case of a corporation (being a previous offender)—3,750 penalty units, or
(b) in the case of a corporation (not being a previous offender)—2,500 penalty units, or
(c) in the case of an individual (being a previous offender)—375 penalty units, or
(d) in the case of an individual (not being a previous offender)—250 penalty units.
In this Division:
A person must not conduct tourist activities in or about a mine or use a mine principally for educational purposes unless:
(a) the tourist activities are, or the use of the mine principally for educational purposes is, authorised by a permit issued to that person, and
(b) the person complies with the conditions (if any) to which the permit is subject.
Maximum penalty:
(a) in the case of a corporation (being a previous offender)—750 penalty units, or
(b) in the case of a corporation (not being a previous offender)—500 penalty units, or
(c) in the case of an individual (being a previous offender)—375 penalty units, or
(d) in the case of an individual (not being a previous offender)—250 penalty units.
Any of the following persons may apply for a permit in relation to a mine:
(a) if, in the case of a mine that is located on land subject to a mining lease in respect of coal under the Mining Act 1992, the mining lease holder owns the land—the mining lease holder or another person with that holder’s consent,
(b) if, in relation to a mine that is located on land subject to a mining lease in respect of coal under the Mining Act 1992, the mining lease holder does not own the land—the mining lease holder with the land owner’s consent or another person with the consent of both the mining lease holder and the land owner,
Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation under this Act or the regulations.
In the case of a corporation that is a local council, a member of the council (in his or her capacity as such a director) is not to be regarded as a director or person concerned in the management of the council for the purposes of this section.
A person:
(a) who aids, abets, counsels or procures, or
(b) who, by act or omission, is in any way directly or indirectly knowingly concerned in or a party to,
the commission of an offence against this Act or the regulations is taken to have committed that offence and is punishable accordingly.
Subsection (1) does not apply to a person who is acting in the ordinary course of his or her duties as an officer of a Federal or State industrial organisation of employees or employers.
It is a defence to any proceedings against a person for an offence against a provision of this Act or the regulations if the person proves that:
(a) it was not reasonably practicable for the person to comply with the provision, or
(b) the commission of the offence was due to causes over which the person had no control and against the happening of which it was impracticable for the person to make provision.
It is not a defence to an action in any criminal proceedings that a given course of action was not objected to by the Chief Inspector or the Department, even if this Act gives the Chief Inspector or the Department an opportunity to object to that course of action.
A person must not disclose any information obtained in connection with the administration or execution of this Act unless that disclosure is made:
(a) with the consent of the person from whom the information was obtained, or
(b) in connection with the administration or execution of this Act (or any other Act), or
(c) for the purposes of any legal proceedings arising out of this Act (or any other Act) or of any report of any such proceedings, or
(d) in accordance with a requirement imposed under the Government Information (Public Access) Act 2009, or
(e) in accordance with a requirement imposed under the Ombudsman Act 1974, or
(f) with the consent of the Minister, or
(g) with other lawful excuse.
Maximum penalty: 20 penalty units.
A person must not, in giving any answer required of the person by a person under this Act, or in complying with a requirement to make a report under this Act, to furnish any returns, statistics or other information or to inform a person of the substance of any instructions, make a statement that the person knows to be false or misleading in a material particular or recklessly make a statement that is false or misleading in a material particular.
Maximum penalty:
(a) in the case of a previous offender—150 penalty units, or
(b) in any other case—100 penalty units.
A person does not commit an offence against this Division by giving any answer, information or a document if the person, when giving the answer, the information or the document:
(a) tells the other person, to the best of his or her ability, how it is false or misleading, and
(b) gives the correct information, in circumstances where the person has, or can reasonably obtain, the correct information.
The Chief Inspector is, in the exercise of his or her functions, subject to Ministerial control and direction.
(Repealed)
The Minister may, by instrument in writing, delegate to the Director-General any of the functions conferred or imposed on the Minister by or under this Act (other than this power of delegation).
The Minister may, by instrument in writing, delegate to the Board any of the functions conferred or imposed on the Minister under Part 9.
The Chief Inspector may, by instrument in writing, delegate to any inspector any of the functions conferred or imposed on the Chief Inspector by or under this Act (other than this power of delegation).
The Director-General may, by instrument in writing, delegate to an authorised person any function conferred or imposed on the Director-General by or under this Act, including this power of delegation.
The Director-General may subdelegate to any authorised person any function delegated to the Director-General by the Minister if the Director-General is authorised to do so by the Minister.
In this section:
(a) an officer of the Department, or
(b) any other person prescribed by the regulations.
A document that is authorised or required by this Act or the regulations to be served on any person may be served by:
(a) in the case of a natural person:
(i) delivering it to the person personally, or
(ii) sending it by post to the address specified by the person for the giving or service of documents or, if no such address is specified, the residential or business address of the person last known to the person giving or serving the document, or
(iii) sending it by facsimile transmission to the facsimile number of the person, or
(b) in the case of a body corporate:
(i) leaving it with a person apparently of or above the age of 16 years at, or by sending it by post to, the head office, a registered office or a principal office of the body corporate or to an address specified by the body corporate for the giving or service of documents, or
(ii) sending it by facsimile transmission to the facsimile number of the body corporate.
Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on a person in any other manner.
If this Act or the regulations requires something to be sent or given to the operator of a coal operation it is enough that it is sent or given to the most senior person identified in the operator’s management structure who is at work or given to a person at the on-site office of the coal operation or at the premises at which the relevant part of the work of the coal operation is carried out.
If this Act or the regulations requires something to be sent or given to the Chief Inspector, it is enough that it is sent or given to a person, or left at a place, specified by the Chief Inspector by order published in the Gazette.
If this Act or the regulations requires something to be sent or given to an industry check inspector, it is enough that it is sent or given to a district office, or the national office, of the Construction, Forestry, Mining and Energy Union (Mining and Energy Division).
The Minister may determine the fees and charges payable:
(a) by an applicant for a certificate of competence, and
(b) by a candidate for an examination conducted by the Board, and
(c) for any service provided by the Board, and
(d) for the testing of plant or material for registration for the purpose of this Act or the regulations, and
(e) for the issue of any tourist or educational permit, and
(f) for any other purpose in connection with this Act authorised by the regulations.
Any determination made under this section is subject to the regulations.
A matter or thing done or omitted to be done by a protected person does not, if the matter or thing was done or omitted in good faith for the purpose of executing any provision of this Act or the Work Health and Safety Act 2011, subject such person personally to any action, liability, claim or demand.
In this section,
(a) the Minister,
(b) the Director-General,
(c) the Chief Inspector,
(d) a member of the Board,
(e) a site check inspector,
(f) an electrical check inspector,
(g) an industry check inspector,
(h) an inspector,
(i) a mine safety officer,
(j) an investigator,
(k) a person who constitutes a Board of Inquiry,
(l) an assessor sitting with a Board of Inquiry,
(m) a member of staff of the Department.
Nothing in this Act, other than a provision creating an offence, imposes an obligation on a person to exercise any power because the person is a site check inspector, electrical check inspector or industry check inspector.
The following are repealed:
(a) the Coal Mines Regulation Act 1982,
(b) the Coal Mines (General) Regulation 1999,
(c) the Coal Mines (Investigation) Regulation 1999,
(d) the Coal Mines (Open Cut) Regulation 1999,
(e) the Coal Mines (Underground) Regulation 1999,
(f) the Courts of Coal Mines Regulation Rules 1991.
(Repealed)
Schedule 3 has effect.
The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
(Repealed)
(Section 225)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
• this Act
• Work Health and Safety Legislation Amendment Act 2011, but only to the extent that it amends this Act
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part:
Any Court of Coal Mines Regulation is dissolved.
Despite clause 3, if a Court of Coal Mines Regulation constituted under the former Act was, immediately before the repeal of the former Act, hearing a matter that had not been finally determined, the Court is to continue to be constituted and to hear the matter as if the former Act had not been repealed until that matter is finally determined.
The former Board is dissolved.
A person who, immediately before the repeal of the former Act, held office as a member of the former Board:
(a) ceases to hold office as such on that repeal, and
(b) is eligible (if otherwise qualified) to be appointed as a member of the Board constituted under this Act.
A person who ceases to hold office as a member of the former Board because of the operation of this Act is not entitled to be paid any remuneration or compensation because of ceasing to hold that office.
Without limiting clause 1, the regulations may make provision for plans, systems or other arrangements developed under the former Act and in force or effect immediately before the repeal of the former Act to be acceptable as fulfilling any requirement imposed by or under this Act for the duration of any phasing-in period prescribed by the regulations.
On and from the repeal of the former Act, a certificate of competency granted under section 19 of the former Act in relation to a position is taken to have been granted under section 136 of this Act in relation to the functions ordinarily required to be exercised by the holder of that position.
A prohibition, restriction, requirement or direction in force or in effect under section 63 or 63A of the former Act immediately before the repeal of the former Act, or a court order requiring a person to comply with such a prohibition, restriction, requirement or direction, continues to have effect as if section 63 or 63A had not been repealed but ceases to have effect if revoked by the Chief Inspector.
An approval under section 126 of the former Act that was in force immediately before the repeal of the former Act is taken to be an approval under section 100 of this Act.
Subject to the regulations, an approval under section 138 of the former Act that was in force immediately before the repeal of the former Act continues in force as if section 138 and the regulations made under that section had not been repealed. A failure to comply with the conditions of an approval is an offence against Division 2 of Part 6 of this Act.
Subject to the regulations, a direction made under section 139 (2) or (3) of the former Act that was in force immediately before the repeal of the former Act is taken to be a direction under section 86 or 87 of this Act, respectively.
Subject to the regulations, an approval under section 139 (6) of the former Act that was in force immediately before the repeal of the former Act is taken to be an approval under section 89 of this Act.
A notification given under section 143 of the former Act in relation to a drilling operation is taken to be notice given under section 78 of this Act.
A permit issued under section 148 of the former Act that was in force immediately before the repeal of the former Act is taken to be a permit issued under section 107 of this Act to the person who was the owner (within the meaning of the former Act) of the mine concerned immediately before the commencement of this clause.
Sections 108 (4) and 109 of this Act apply to and in respect of any such permit.
An instrument made under section 174 (5) of the former Act and in force immediately before the repeal of the former Act that disapplied any provision of the regulations made under the former Act is taken to be a regulation made under section 201 of this Act creating an exemption from the corresponding provisions of the regulations made under this Act but ceases to have effect if revoked by the Chief Inspector.
Without limiting clause 1, the regulations may make provision for a person who held a position in the management of a mine immediately before the repeal of the former Act to be taken to hold a prescribed position in the management structure of a coal operation under this Act.
On and from the commencement of this clause, a reference in any other Act, in any instrument made under another Act, or in any document of any kind, to the former Act is to be read as a reference to this Act.
On and from the commencement of this clause, a reference in any other Act, in any instrument made under another Act, or in any document of any kind, to the Chief Inspector of coal mines appointed under the former Act is to be read as a reference to the Chief Inspector within the meaning of this Act.
Section 90 of the former Act continues to apply for 3 days after the repeal of the former Act as if it had not been repealed.
Part 7 extends to an event that occurred in the 2 days before the commencement of the Part.
A Board of Inquiry constituted under the former Act and active immediately before the repeal of the former Act continues under this Act as if it were constituted under this Act and may continue any special inquiry under that Act as if the Act had not been repealed. In particular, section 94B of the former Act continues to apply to such a special inquiry as if it had not been repealed.
A person who held office under the former Act as a district check inspector immediately before the repeal of the former Act is taken to have been appointed as an industry check inspector under this Act.
A person who held office under the former Act as a check inspector for a mine immediately before the repeal of the former Act is taken to have been appointed as a site check inspector under this Act for the coal operation that includes that mine. His or her term of office is taken to have commenced when he or she was elected.
The appointment of a person as the Chief Inspector, an inspector, a mine safety officer or an investigator by the 2006 instrument is taken to be valid (and to have always been valid).
The appointment is taken to have had effect on and from the commencement of section 145.
The revocation of appointments of officers (other than officers appointed under the 2006 instrument) by the 2012 instrument has no effect and is taken never to have had effect.
The following things are taken to be valid (and to have always been valid) if they would have been valid had this clause been in force when they were done or omitted:
(a) anything purported to have been done or omitted to have been done by a validated officer in the capacity of an officer,
(b) anything done or omitted to be done by any other person or a court or other body in reliance on, or as a consequence of, any such act or omission by a validated officer.
To remove doubt, this clause extends to the commencement or institution of criminal proceedings (including the purported commencement or institution of criminal proceedings) and any act or omission in connection with criminal proceedings.
This clause does not affect any decision made by a court before the commencement of this clause, except as provided by subclause (7).
A decision of a court made before the commencement of this clause that would have been validly made had this clause been in force when the decision was made (and that would otherwise not have been valid) is validated.
Nothing in this clause operates to continue or otherwise restore the appointment of a person who ceased to be an officer other than in connection with the 2006 instrument or the 2012 instrument.
In this clause:
(a) a person whose appointment as an officer is validated under subclause (1), or
(b) a person whose appointment as an officer is saved under subclause (3).
A person who held office under the former Act as an electrical check inspector for a mine immediately before the repeal of the former Act is taken to have been appointed as an electrical check inspector under this Act for the coal operation that includes the mine. His or her term of office is taken to have commenced when he or she was elected.
The operation of this Part is subject to the regulations.
In this Part:
The former Board is dissolved on the repeal of section 130 by the amending Act.
On the dissolution of the former Board, a person who held office as a member of the former Board immediately before its dissolution ceases to hold office as such but is eligible (if otherwise qualified) to be appointed as a member of the new Board.
A person who ceases to hold office as a member of the former Board because of the operation of this clause is not entitled to be paid any remuneration or compensation because of ceasing to hold that office.
Anything done by the former Board before its dissolution that has any force or effect immediately before the former Board’s dissolution is taken to have been done by the new Board.
This clause extends to but is not limited to the following things done by the former Board:
(a) an assessment of competence,
(b) the conduct of an examination,
(c) the grant, suspension or cancellation of, or the imposition of conditions on, a certificate of competence or exemption,
(d) any approval given or appointment or recommendation made by the former Board.
Any delegation to the former Board by the Minister that is in force under section 212 immediately before the dissolution of the former Board is taken to be a delegation to the new Board.
The first annual report of the new Board under section 117 of the Mine Health and Safety Act 2004 after the dissolution of the former Board is to include a report of the activities of the former Board during the preceding year.
A reference in section 220 to a member of the Board includes a reference to a member of the former Board in relation to a matter or thing done or omitted to be done before the dissolution of the former Board.
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