Coal Mines Regulation Act 1982 (NSW)
An Act for regulating coal mines (and oil shale and kerosene shale mines) and certain related places.
This Act may be cited as the Coal Mines Regulation Act 1982.
This section and section 1 shall commence on the date of assent to this Act.
Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
(Repealed)
Except in so far as is in this Act expressly enacted, this Act applies only to coal mines.
In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
(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) the deputy chief inspector (engineering), or
(b) the senior inspector of electrical engineering, or
(c) an inspector of electrical engineering, or
(d) the senior inspector of mechanical engineering, or
(e) an inspector of mechanical engineering.
(a) the act of exploring for coal by drilling from the surface, or
(b) the act of loading coal for dispatch from a mine, or
(c) any act involved in the operation of a coal preparation plant that is a declared plant under Part 5A.
(a) in relation to an underground mine—a person holding at the mine any position specified in Part A of Schedule 1, and
(b) in relation to an open cut mine—a person holding at the mine any position specified in Part B of Schedule 1.
(a) in relation to an underground mine—a person holding at the mine any position specified in Part A of Schedule 1 or any other position prescribed for the purposes of this paragraph, and
(b) in relation to an open cut mine—a person holding at the mine any position specified in Part B of Schedule 1 or any other position prescribed for the purposes of this paragraph.
(a) where the mine or the part of the mine is being worked by a person who is an official liquidator, receiver, manager or other person authorised by law (other than a provision of this Act) to carry on the business of working the mine—that person,
(b) where the mine or the part of the mine belongs to, or is held in trust for, the Crown, a department of the Government or a statutory authority—the Crown, the department or the statutory authority, as the case may be, and
(c) where the mine or the part of the mine is being worked by a contractor—the contractor, and
(d) where the mine or the part of the mine is being worked by a subcontractor—the subcontractor,
but does not include a person who merely receives a royalty, rent or fine from the mine or the part of the mine or is merely holding the property on or in which the mine or the part of the mine is situated subject to any lease, grant or licence to, or contract with, another person for the working of the mine or the part of the mine.
A reference in this Act to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
In subsections (4) and (7),
The Minister may, by notice published in the Gazette, declare that:
(a) any place, any part of any place or any place belonging to a class of place specified in the notice shall, for the purposes of this Act:
(i) be deemed to be part of a mine, or
(ii) be deemed not to be part of a mine, or
(b) any pipe, conveyor or ropeway, any part of a pipe, conveyor or ropeway or any pipe, conveyor or ropeway belonging to a class of pipe, conveyor or ropeway specified in the notice shall, for the purposes of this Act:
(i) be deemed to be part of a mine, or
(ii) be deemed not to be part of a mine.
A notice under subsection (4) may apply to all mines, to a particular mine or particular mines or to all mines other than a particular mine or particular mines.
A notice under subsection (4) has effect according to its tenor.
Without limiting the generality of subsections (4)–(6), the Minister may, under subsection (4), declare that a place, pipe, conveyor or ropeway, or any part thereof, used by or in connection with 2 or more mines shall be deemed to be a part of one of those mines.
For the purposes of this Act, any building, structure, pit, shaft, drive, level, drift, excavation or work:
(a) which is in the course of construction and which is intended to be part of a mine,
(b) which is a part of a mine and which is in the course of being abandoned, or
(c) which is a part of a mine the operations at or in which are in the course of being discontinued,
shall be deemed to be part of a mine.
For the purposes of this Act, a mine shall be deemed to be worked notwithstanding that the only work being carried out at the mine is in connection with:
(a) sinking or raising a shaft or driving an outlet,
(b) abandoning or discontinuing operations at the mine,
(c) removing or replacing overburden, or
(d) rehabilitating land used as an open cut mine.
For the purposes of this Act, a mine shall be deemed to be worked until such time as a notice that the mine has been abandoned or operations at the mine have been discontinued has been given under section 134.
Where 2 or more parts of a mine can be worked separately, the Chief Inspector may, on application by the owner of the mine, declare by instrument in writing that the several parts of the mine shall be deemed to be separate mines for the purposes of this Act.
Where 2 or more mines can be worked as one mine, the Chief Inspector may, on application by the owner or owners of the mines, declare by instrument in writing that the mines shall be deemed to be one mine for the purposes of this Act.
In making a declaration under subsection (11) or (12) the Chief Inspector shall have regard to the effect that the declaration may have on the safety of persons employed in the mines.
A declaration made under subsection (11) or (12) may be made subject to conditions.
The Chief Inspector may at any time revoke a declaration made under subsection (11) or (12).
A declaration under subsection (11) or (12) has effect according to its tenor.
Any power conferred by this Act or the regulations on the Minister or an inspector to:
(a) grant or give an exemption, consent, approval, authority or direction,
(b) impose any requirement, prohibition or restriction, or
(c) make a determination,
includes a power, exercisable in the like manner and subject to the like conditions, if any, as the power so conferred, to vary or revoke the exemption, consent, approval, authority, direction, requirement, prohibition, restriction or determination.
An exemption, consent, approval or authority granted or given under this Act or the regulations by the Minister or an inspector may, subject to any express provision of this Act or the regulations:
(a) be without limit as to its period of operation, or
(b) be limited so as to expire on a specified date unless renewed,
and may be absolute or conditional.
Schedule 1 may be amended, added to or substituted (wholly or in part) by regulation.
This Act binds the Crown not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.
The Governor may, under and subject to the provisions of the Public Service Act 1979, appoint for the purposes of this Act:
(a) a chief inspector of coal mines,
(b) a deputy chief inspector of coal mines and a deputy chief inspector (engineering),
(c) senior inspectors of coal mines,
(d) inspectors of coal mines,
(e) a senior inspector of electrical engineering,
(f) inspectors of electrical engineering,
(g) a senior inspector of mechanical engineering, and
(h) inspectors of mechanical engineering.
The Chief Inspector, or a person authorised by the Chief Inspector, may:
(a) appoint an inspector of coal mines as the district inspector for a mine, or
(b) appoint an inspector of electrical engineering as the inspector of electrical engineering for a mine, or
(c) appoint an inspector of mechanical engineering as the inspector of mechanical engineering for a mine.
A person shall not be appointed to a position under section 7 unless the person holds such qualifications and has had such experience as may be prescribed in relation to that position.
A person appointed under section 7 shall advise the Director-General of any financial interest the person may hold, either directly or indirectly, in a mine.
An advice referred to in subsection (1) shall be given:
(a) where the interest is held at the time of the appointment—within 28 days of the appointment or within such further time as the Director-General may determine, or
(b) where the interest is acquired after the appointment—within 28 days of the acquisition of the interest or within such further time as the Director-General may determine.
The Director-General may direct a person appointed under section 7 to dispose of any financial interest held, either directly or indirectly, in a mine within such period as is specified by the Director-General.
A person who is given a direction under subsection (3) shall comply with that direction.
The Chief Inspector has the functions:
(a) imposed on the Chief Inspector by or under this Act, or
(b) assigned to the Chief Inspector by the Minister in connection with the administration of this Act.
The Deputy Chief Inspector of Coal Mines has the functions of the Chief Inspector if the Chief Inspector is absent from duty, or on duty but outside the State, and also has:
(a) such of the functions of the Chief Inspector as are delegated to the Deputy Chief Inspector of Coal Mines under this Act to the extent that those functions are delegated, and
(b) the functions assigned to the Deputy Chief Inspector of Coal Mines by the Minister in connection with the administration of this Act.
The Deputy Chief Inspector (Engineering) has:
(a) such of the functions of the Chief Inspector (being functions relating to electrical and mechanical engineering) as are delegated to the Deputy Chief Inspector (Engineering) under this Act to the extent that those functions are delegated, and
(b) the functions relating to electrical and mechanical engineering that are assigned to the Deputy Chief Inspector (Engineering) by the Minister in connection with the administration of this Act.
The senior inspectors appointed under section 7 (1) (c) and the inspectors appointed under section 7 (1) (d) have the functions imposed on them by or under this Act.
The Senior Inspector of Electrical Engineering and each inspector of electrical engineering appointed under section 7 (1) (f) have:
(a) the functions imposed on them by or under this Act, and
(b) the functions imposed on inspectors under sections 59 and 60 to the extent that those functions relate to the use, construction, installation, examination, repair, maintenance, alteration, adjustment or testing of electrical apparatus or electrical cables, and
(c) in relation to the functions imposed by paragraph (b), the same duty as is imposed by section 61 on an inspector of coal mines in relation to the powers conferred by section 59 or 60.
The Senior Inspector of Mechanical Engineering and each inspector of mechanical engineering appointed under section 7 (1) (h) have:
(a) the functions imposed on them by or under this Act, and
(b) the functions imposed on inspectors of coal mines under sections 59 and 60 to the extent that those functions relate to the use, construction, installation, examination, repair, maintenance, alteration, adjustment or testing of mechanical equipment or the construction, erection or maintenance of buildings or structures, and
(c) in relation to the functions imposed by paragraph (b), the same duty as is imposed by section 61 on an inspector of coal mines in relation to the powers conferred by sections 59 and 60.
Where both the Chief Inspector and the Deputy Chief Inspector of Coal Mines are absent from duty, or on duty but outside the State, the Minister may appoint an inspector to exercise the functions of the Chief Inspector.
Each inspector appointed under section 7 (1) (c)–(h) shall, at such time or within such period as the Chief Inspector may direct, make an annual report of the inspector’s official activities during the preceding year to the Chief Inspector.
The reports referred to in subsection (1), as summarised by the Chief Inspector, shall be furnished by the Chief Inspector to the Minister.
A mine safety officer has the functions imposed on the mine safety officer by or under this Act.
There is hereby constituted a board to be known as the Coal Mining Qualifications Board.
The Board shall consist of 10 members, of whom:
(a) one shall be the Chief Inspector,
(b) one shall be the Deputy Chief Inspector of Coal Mines,
(c) one shall be a person who holds a certificate of competency as a manager and is either an owner, a superintendent or an assistant superintendent of a mine,
(d) one shall be a manager of a mine,
(e) one shall be a manager of an open cut mine,
(f) one shall be a mine electrical engineer, mine mechanical engineer or mining surveyor for a mine,
(g) one shall be a person employed as a deputy in a mine,
(h) one shall be a person employed in a mine, other than a person referred to in paragraphs (c)–(g),
(i) one shall be a person who, in the opinion of the Minister, represents a school of mining engineering in a university, and
(j) one shall be a person who belongs to a technical education authority and who, in the opinion of the Minister, specialises in and is skilled in techniques of assessment and determination of qualifications.
The members referred to in subsection (2), other than the ex-officio members, shall be appointed by the Minister by instrument in writing.
(Repealed)
The Chief Inspector or, if the Minister so directs, the Deputy Chief Inspector of Coal Mines shall be the chairperson of the Board.
The Board shall:
(a) determine the qualifications necessary for the grant of certificates of competency,
(b) determine whether applicants for certificates of competency are eligible to be granted those certificates,
(c) appoint examiners and conduct examinations for certificates of competency, and
(d) carry out such research or investigations, either generally or in any particular case, in relation to certificates of competency and qualifications for the grant thereof as the Minister may require and make to the Minister reports or recommendations, as the case may require, in relation thereto.
Examiners appointed by the Board shall be paid such remuneration (including travelling and subsistence allowances) as the Board may, with the approval of the Minister, determine.
An officer or temporary employee of the Public Service appointed as an examiner under this Act may retain for the officer’s or temporary employee’s own use remuneration paid to him or her under subsection (1).
The expenses of the Board (including any remuneration payable to examiners appointed by them) shall be defrayed out of money provided by Parliament.
The Board shall, at such time or within such period as the Minister may direct, make an annual report of its proceedings during the preceding year to the Minister.
Schedule 2 has effect.
Schedule 2 may be amended, added to or substituted (wholly or in part) by regulation.
The Minister may, on the recommendation of the Board, grant certificates of competency to be:
(a) a manager of a mine,
(b) an under-manager of a mine,
(c) a deputy,
(d) a mine electrical engineer,
(e) a mine mechanical engineer,
(f) (Repealed)
(g) a manager of an open cut mine,
(h) an examiner of an open cut mine,
(i) a mine electrical engineer of an open cut mine, or
(j) a mine mechanical engineer of an open cut mine.
If the Board so recommends, the Minister may grant a certificate of competency subject to terms or conditions.
The Board shall hold examinations for certificates of competency at such times and places as the Board may determine.
The Board may give general instructions to examiners appointed by them with respect to the conduct and content of examinations.
In determining whether or not to recommend the granting of a certificate of competency the Board shall have regard to such knowledge as is necessary for the practical working of mines.
Examinations conducted by the Board for certificates of competency to be a deputy or an examiner of an open cut mine shall be suitable for practical working miners.
The Board may accept, subject to any conditions it may impose, a certificate of competency granted by an authority outside New South Wales as being sufficient qualification for the grant of a certificate of competency under this Act.
The Board may refuse to recommend the granting of a certificate of competency to a person on the grounds that a certificate of competency held by that person has been cancelled or suspended.
A person who holds a certificate of competency to be a manager of a mine may be appointed to a position under a provision of this Act notwithstanding that the provision requires the appointee to hold:
(a) a certificate of competency to be an under-manager of a mine,
(b) a certificate of competency to be a mine deputy,
(c) a certificate of competency to be a manager of an open cut mine, or
(d) a certificate of competency to be an examiner of an open cut mine.
A person who holds a certificate of competency to be an under-manager of a mine may be appointed to a position under a provision of this Act notwithstanding that the provision requires the appointee to hold a certificate of competency to be a mine deputy.
A person who holds a certificate of competency to be a manager of an open cut mine may be appointed to a position under a provision of this Act notwithstanding that the provision requires the appointee to hold a certificate of competency to be an examiner of an open cut mine.
A person who holds a certificate of competency to be a mine electrical engineer may be appointed to a position under a provision of the regulations notwithstanding that the provision requires the appointee to hold a certificate of competency to be a mine electrical engineer of an open cut mine.
The Chief Inspector shall keep a register of the holders of certificates of competency.
The register referred to in subsection (1) shall be received in every court as evidence that a certificate of competency has or has not been granted to a person and of the class of a certificate of competency granted to a person.
The Board, with the consent of the Minister, may make rules, not inconsistent with this Act, with respect to:
(a) the qualifications to be held by a person in order for the grant to the person of a certificate of competency to be recommended,
(b) the experience that a person applying for a certificate of competency must have in order for the grant to the person of a certificate of competency to be recommended,
(c) the age which a person is to have attained before the person may be granted a certificate of competency,
(d) the course of instruction to be undertaken by an applicant for a certificate of competency,
(e) subject to section 20, the nature and type of examinations to be undertaken by applicants for certificates of competency and the manner of their conduct,
(f) the fees payable by applicants for certificates of competency and candidates for examinations conducted by the Board,
(g) the circumstances in which the Board may grant to an applicant for a certificate of competency exemption from complying with the rules in respect of the undertaking of examinations, the holding of qualifications, the possession of experience and the attendance of courses of instruction,
(h) the matters to be included in an application for a certificate of competency, and
(i) such other matters as may be prescribed.
Part 6 of the Interpretation Act 1987 applies to a rule made under this section in the same way as it applies to a statutory rule within the meaning of that Act.
(Repealed)
The regulations may include provisions, not inconsistent with this Act, with respect to:
(a) the issue and replacement of certificates of competency, and
(b) the keeping of the register of holders of certificates of competency.
Where a person holding a certificate of competency has been convicted of an offence against this Act or, in the opinion of the Chief Inspector:
(a) has, by reason of the person’s incompetence or negligence, caused injury to any person or property, or
(b) is, by reason of the person’s incompetence or negligence, reasonably likely to cause injury to any person or property,
and, in the opinion of the Chief Inspector, is unfit to hold the certificate, the Chief Inspector may serve on that person a notice:
(c) stating that the Chief Inspector is of that opinion,
(d) giving the reasons why the Chief Inspector is of that opinion, and
(e) calling upon that person to show cause why that person’s certificate should not be suspended or cancelled.
A person served with a notice under section 25 may, within such period as may be prescribed commencing from the date of service of the notice, advise the Chief Inspector in writing whether or not it is the person’s intention to show cause why his or her certificate of competency should not be suspended or cancelled.
Where a person advises the Chief Inspector, in accordance with subsection (1), that it is not the person’s intention to show cause why his or her certificate of competency should not be suspended or cancelled, the Minister shall:
(a) suspend the certificate for such period as is specified by the Minister,
(b) cancel the certificate, or
(c) direct that, for the purposes of subsection (3), the person be regarded as having failed to give an advice in accordance with subsection (1).
Where a person:
(a) advises the Chief Inspector, in accordance with subsection (1), that it is the person’s intention to show cause why his or her certificate of competency should not be suspended or cancelled,
(b) fails to advise the Chief Inspector, in accordance with subsection (1), whether or not it is the person’s intention to show cause why his or her certificate of competency should not be suspended or cancelled, or
(c) advises the Chief Inspector, in accordance with subsection (1), that it is not the person’s intention to show cause why his or her certificate of competency should not be suspended or cancelled and the Minister has given a direction in respect of the person under subsection (2) (c),
the Chief Inspector shall, if the Minister so approves, file with a court within such period as may be prescribed commencing from:
(d) where an advice has been given by the person as referred to in paragraph (a)—the date of receipt of that advice by the Chief Inspector, or
(e) where the person has failed to give an advice as referred to in paragraph (b) or the Minister has given a direction in respect of the person under subsection (2) (c)—the day after the date of expiration of the period during which the advice could have been given,
a statement in relation to the certificate of competency in such form and containing such particulars as may be specified in the rules of court.
Following the filing with it of a statement under section 26 (3) in relation to a certificate of competency, a court shall:
(a) hear and determine the matter, and
(b) make a recommendation to the Minister as to whether or not the certificate of competency should be suspended or cancelled.
Where a court makes a recommendation that a certificate of competency be suspended, the court shall specify the period of suspension recommended by it.
Where a court makes a recommendation that a certificate of competency held by a person be suspended or cancelled, it may recommend that a certificate of competency of a class different from the class of the certificate of competency, the suspension or cancellation of which is recommended, be granted to the person subject to such conditions as it may specify.
Where:
(a) the Chief Inspector has served a notice to show cause on a person under section 25, and
(b) the Chief Inspector is of the opinion that, for reasons of safety:
(i) the person’s certificate of competency should be suspended, or
(ii) the exercise of the rights conferred on the person by his or her certificate of competency should be restricted,
pending a hearing of the matter by a court,
the Chief Inspector may apply to a court for an order to suspend the certificate or restrict the exercise of the rights conferred by it, as the case may require, pending a hearing of the matter by a court.
An application under subsection (1) shall be in such form and contain such particulars as may be specified in the rules of court.
If a court so determines, having regard to the circumstances, it may hear and determine an application under subsection (1) without requiring the holder of the certificate of competency to be present and without any evidence being tendered on the holder’s behalf.
If a court is satisfied that, for reasons of safety, a certificate of competency in respect of which an application has been made under subsection (1) should be suspended or the exercise of the rights conferred by it should be restricted, it may make an order to that effect subject to such conditions as it may specify.
An order made under subsection (4) shall have effect according to its tenor.
A person whose certificate of competency is suspended or cancelled shall surrender the person’s certificate to the Minister on being advised by the Minister of the suspension or cancellation.
A court may, on the application of a person whose certificate of competency has been suspended or cancelled, recommend to the Minister that:
(a) the certificate of competency which has been suspended or cancelled be restored, or
(b) a certificate of competency of a class different from the class of the certificate which has been suspended or cancelled be granted to that person.
An application under subsection (1) shall be in such form and contain such particulars as may be specified in the rules of court.
The Minister shall give effect to any recommendations made by a court under this Division.
The owner of a mine shall make such provision as is, and take such steps as are, necessary to ensure that:
(a) the mine is so planned, laid out and equipped as to enable it to be managed and worked in accordance with this Act, the regulations, the rules and any schemes and any directions, or conditions of exemptions or approvals, given thereunder, and
(b) the mine is so managed and worked.
A person shall not be appointed to a position at or in respect of a mine if that person’s functions will involve the issuing of instructions with respect to the management or working of the mine, which instructions relate, either directly or indirectly, to the safety or health of persons employed at the mine, unless that person:
(a) is appointed as a mining official in accordance with this Part, or
(b) is appointed by the manager as a person believed by the manager on reasonable grounds to be technically qualified to issue the instructions.
The manager may appoint a person under subsection (1) (b) only if satisfied that the person has the knowledge and experience to recognise any present or potential danger associated with the operations to be carried out at the mine.
Subsection (1) does not apply to the nomination by the owner of a mine of himself or herself as manager of the mine.
Each person holding a position as a mining official at a mine shall, in relation to all other mining officials at the mine, have seniority equivalent to:
(a) in the case of an underground mine—the seniority indicated for that position in the order of seniority specified in Part A of Schedule 1, or
(b) in the case of an open cut mine—the seniority indicated for that position in the order of seniority specified in Part B of Schedule 1.
Notwithstanding that a mine or any part thereof is worked, or any part of the operations in a mine is carried on, by a contractor, the owner of the mine shall employ and pay the wages of all officials and shot firers at the mine unless the Chief Inspector otherwise approves.
Except with the approval of the Chief Inspector, a contractor working, or carrying out operations in, a mine or any part thereof or any person employed by the contractor, shall not be appointed to be an official of the mine.
The owner of a mine may appoint a person as a superintendent of the mine.
The owner of a mine shall not appoint a person as a superintendent of the mine unless that person is the holder of:
(a) in the case of an underground mine—a certificate of competency to be a manager of a mine, or
(b) in the case of an open cut mine—a certificate of competency to be a manager of an open cut mine.
Where the owner of a mine appoints a person as a superintendent of the mine and that person is to exercise all or some of the functions of the owner under this Act, the owner shall, as soon as practicable (or, if a period is prescribed for the purposes of this subsection, within that period), give to that person written instructions specifying the functions of the owner under this Act which are to be exercised by that person.
Where the owner of a mine appoints a person as a superintendent of the mine, the owner shall, as soon as practicable (or, if the period is prescribed for the purposes of this subsection, within that period), advise the district inspector and the manager of the mine in writing of:
(a) the full name, address and title of the person so appointed,
(b) the date of the person’s appointment, and
(c) the functions to be performed by the person.
The owner of a mine shall, within 14 days after a change in the functions of a superintendent, give to the district inspector a notice stating particulars of the change.
No person, other than an owner of a mine, shall appoint a person as a superintendent of a mine.
The owner or the superintendent of a mine may appoint as assistant superintendents of the mine such number of persons as is necessary to assist the superintendent of the mine to exercise the superintendent’s functions under this Act.
The owner or the superintendent of a mine shall not appoint a person as an assistant superintendent of the mine unless that person is the holder of:
(a) in the case of an underground mine—a certificate of competency to be a manager of a mine, or
(b) in the case of an open cut mine—a certificate of competency to be a manager of an open cut mine.
Where the owner or the superintendent of a mine appoints a person as an assistant superintendent of the mine, the owner or the superintendent, as the case may be, shall, as soon as practicable (or, if a period is prescribed for the purposes of this subsection, within that period), advise the district inspector and the manager of the mine in writing of:
(a) the full name, address and title of the person so appointed,
(b) the date of the person’s appointment, and
(c) the functions to be performed by the person.
The owner or the superintendent of a mine who has appointed an assistant superintendent of the mine shall, within 14 days after a change in the functions of the assistant superintendent, give to the district inspector a notice stating particulars of the change.
No person, other than an owner or a superintendent of a mine, shall appoint a person as an assistant superintendent of a mine.
The owner of a mine shall not work the mine at any time when:
(a) there is no person appointed or nominated as the manager of the mine under this section, or
(b) except as provided by section 48, there is more than one person appointed or nominated as the manager of the mine.
The owner or superintendent of a mine may appoint a person as the manager of the mine or the owner of a mine, being an individual, may nominate himself or herself as the manager of the mine.
No person, other than an owner or a superintendent of a mine, shall appoint a person as the manager of a mine.
The owner or the superintendent of a mine shall not appoint a person as the manager of the mine unless that person, or the owner of a mine (being an individual) shall not nominate himself or herself as the manager of the mine unless the owner is the holder of:
(a) in the case of an underground mine at which the total number of persons usually employed below ground during a period of 24 hours when the mine is being worked is more than 15—a certificate of competency to be a manager of a mine,
(b) in the case of an underground mine at which the total number of persons usually employed below ground during a period of 24 hours when the mine is being worked is not more than 15:
(i) a certificate of competency to be a manager of a mine, or
(ii) a certificate of competency to be an under-manager of a mine and a permit, issued to him or her by the Chief Inspector under subsection (5) and currently in force, to be the manager of the mine, or
(c) in the case of an open cut mine—a certificate of competency to be a manager of an open cut mine.
The Chief Inspector may issue to the holder of a certificate of competency to be an under-manager of a mine a permit to be the manager of a mine, specified in that permit, at which not more than 15 persons are usually employed below ground level during a period of 24 hours when the mine is being worked.
A permit issued under subsection (5) shall be in force for a period of 12 months, commencing from the date of issue (or, where a later date is specified in the permit, from that date), but may be renewed by the Chief Inspector on the recommendation of the district inspector for further periods, each of 12 months, commencing from the day after a date of expiration of the permit.
The Chief Inspector may, by notice in writing given to the holder of a permit issued under subsection (5), cancel that permit.
Copies of a notice given under subsection (7) to the holder of a permit to be the manager of a mine shall be sent by the Chief Inspector to the owner or the superintendent of the mine.
A person shall not be the manager of more than one mine at the one time except with the approval of the Chief Inspector.
The Chief Inspector shall not, under subsection (9), approve of a person being the manager of more than 2 mines at the one time.
Subject to any instructions given to the manager of a mine or to another person employed at the mine by:
(a) the owner of the mine,
(b) a superintendent of the mine, or
(c) an assistant superintendent of the mine,
(excluding instructions which are required under section 52 or 54 to be confirmed in writing and which have not been so confirmed), the manager of a mine:
(d) shall have full charge and control of:
(i) all persons employed at the mine, and
(ii) all operations at the mine,
(e) shall enforce the observance, by all persons employed at the mine, of this Act, the regulations, the rules and any schemes and any directions, or conditions of exemptions or approvals, given thereunder, and
(f) shall have such other functions as may be conferred or imposed on the manager by this Act, the regulations, the rules and any schemes and any directions, or conditions of exemptions or approvals, given thereunder.
Without limiting the generality of subsection (1), the manager of a mine shall:
(a) appoint the requisite number of officials of the mine required by this Act or the regulations (other than officials who are senior to the manager) to exercise the functions conferred or imposed on those officials by this Act, the regulations, the rules and any schemes and any directions, or conditions of exemptions or approvals, given thereunder,
(b) ensure that the machinery, apparatus and equipment in use at the mine is maintained in a safe working condition,
(c) if the mine is an underground mine:
(i) ensure that the height and width of roadways in the mine are at all times not less than those specified in the transport rules made in respect of that mine, and
(ii) ensure that the roof and sides of working places and roadways in the mine (other than roadways located in a part of the mine which is fenced off in pursuance of the regulations) are adequately supported where necessary for safety,
(d) ensure that officials at the mine are in possession of such information and plans as are necessary to enable those officials to ensure that all operations at the mine for which they are responsible are carried out in a safe manner,
(e) ensure that the officials appointed by the manager are trained in the exercise of any functions which they are required to exercise under this Act, the regulations, the rules and any schemes and any directions, or conditions of exemptions or approvals, given thereunder,
(f) display in such manner and for such periods as may be prescribed copies of all exemptions from complying with any provisions of, or made under, this Act which have been granted in respect of the mine,
(g) take steps to ensure that any matter which is of an abnormal or unusual nature and which could affect the safety of persons in the mine is promptly brought to the manager’s attention,
(h) take such steps as may be necessary to ensure that at all times the manager is in possession of all available information relevant to the behaviour of strata surrounding the mine and its relationship to the safe working of the mine and all available information regarding disused excavations or workings in the vicinity of the mine, and
(i) subject to subsection (3) (b), read each report, record or other item of information which is required to be made or recorded under this Act, the regulations, the rules and any schemes and any directions, or conditions of exemptions or approvals, given thereunder immediately upon the manager becoming aware of the existence of the report, record or other item.
The manager of a mine shall be deemed to have complied with:
(a) (Repealed)
(b) subsection (2) (i) in respect of a report, record or other item of information referred to in that paragraph if:
(i) the manager ensures that it is read by a person appointed by the manager in writing (being a person having such qualifications as may be prescribed for the purposes of this subparagraph) immediately upon that person’s becoming aware of the existence of the report, record or other item, and
(ii) the manager has taken steps to ensure that any matter disclosed in the report, record or other item which is of an abnormal or unusual nature and which could affect the safety of persons in the mine is promptly brought to the manager’s attention.
The owner, the superintendent or the manager of a mine may appoint a person as a deputy manager of the mine or appoint a number of persons as deputy managers of the mine.
The owner, the superintendent or the manager of a mine shall not appoint a person as a deputy manager of the mine unless that person is the holder of:
(a) in the case of an underground mine—a certificate of competency to be a manager of a mine, or
(b) in the case of an open cut mine—a certificate of competency to be a manager of an open cut mine.
No person, other than an owner, a superintendent or a manager of a mine, shall appoint a person as a deputy manager of a mine.
If a deputy manager of a mine is present at the mine while the manager of the mine is absent, the deputy manager:
(a) has full charge and control of all persons employed at the mine and of all operations at the mine, and
(b) must enforce the observance, by all persons employed at the mine, of this Act, the regulations, the rules and any schemes and any directions, or conditions of exemptions or approvals, given thereunder, and
(c) has such other functions as may be conferred or imposed by this Act on a deputy manager of a mine.
The owner of an underground mine shall not work the mine:
(a) at any time when the manager of the mine is also the manager of another mine in pursuance of an approval given under section 36 (9)—unless there is a person appointed under this section as an under-manager in charge of the whole of the mine or there is a number of persons appointed under this section as under-managers in charge in respect of the several underground parts of the mine, or
(b) where the Chief Inspector has, by reason of the size or condition of the mine, directed the owner not to work the mine unless a person is appointed under this section as an under-manager in charge of the whole of the mine or such number of persons as is specified in the direction is appointed under this section as under-managers in charge of the several underground parts of the mine—unless there is a person, or there are persons, appointed in compliance with the direction.
The owner, the superintendent or the manager of an underground mine may appoint a person as an under-manager in charge of the whole of the mine or appoint a number of persons as under-managers in charge of the several underground parts of the mine.
The owner, the superintendent or the manager of an underground mine shall not appoint a person as an under-manager in charge of the whole of the mine or of an underground part of the mine unless that person is the holder of a certificate of competency to be an under-manager of a mine.
No person, other than an owner, a superintendent or a manager of an underground mine, shall appoint a person as an under-manager in charge of the whole or of an underground part of an underground mine.
If an under-manager in charge of an underground mine is present at the mine while the manager of the mine is absent and while there is no deputy manager of the mine present, the under-manager in charge:
(a) has full charge and control of all persons employed at the mine and of all operations at the mine, and
(b) must enforce the observance, by all persons employed at the mine, of this Act, the regulations, the rules and any schemes and any directions, or conditions of exemptions or approvals, given thereunder, and
(c) has such other functions as may be conferred or imposed by this Act on an under-manager in charge of an underground mine.
The owner, the superintendent or the manager of an underground mine may appoint a person as an under-manager of the whole or of an underground part of the mine or appoint a number of persons as under-managers of the several underground parts of the mine.
A person may be appointed as an under-manager of the whole or of an underground part of an underground mine notwithstanding that no under-manager in charge of the whole or of the underground part of the mine has been appointed under section 39.
The owner, the superintendent or the manager of an underground mine shall not appoint a person as an under-manager of the whole or of an underground part of the mine unless the person is the holder of a certificate of competency to be an under-manager of a mine.
No person, other than an owner, a superintendent or a manager of an underground mine, shall appoint a person as an under-manager of the whole or of an underground part of an underground mine.
If an under-manager of an underground mine is present at the mine while the manager of the mine is absent and while there is no deputy manager, or under-manager in charge, of the mine present, an under-manager previously nominated by the manager:
(a) has full charge and control of all persons employed at the mine and of all operations at the mine, and
(b) must enforce the observance, by all persons employed at the mine, of this Act, the regulations, the rules and any schemes and any directions, or conditions of exemptions or approvals, given thereunder, and
(c) has such other functions as may be conferred or imposed by this Act on an under-manager of an underground mine.
An under-manager in charge, or an under-manager, of an underground mine may have jurisdiction in respect of the whole of the mine or the under-manager’s jurisdiction may be limited to an underground part of the mine.
Each under-manager in charge, and each under-manager, of an underground mine shall enforce the observance, by all persons employed in:
(a) where the whole of the mine is under the under-manager’s jurisdiction—the mine, or
(b) where the whole of the mine is not under the under-manager’s jurisdiction—the part of the mine which is under the under-manager’s jurisdiction,
of this Act, the regulations, the rules and any schemes and any directions, or conditions of exemptions or approvals, given thereunder in working the mine or that part of the mine, as the case may be.
Subsection (2) does not apply to an under-manager of an underground mine during a period when the under-manager is not on duty at the mine.
For the purposes of this section, where a part of an underground mine is to be under the separate jurisdiction of any under-manager in charge or under-manager, the manager of the mine shall cause:
(a) that part of the mine to be identified by a distinguishing name or number, and
(b) the boundaries of that part of the mine to be:
(i) clearly marked underground in a manner approved by the district inspector, and
(ii) shown on a plan prepared, and displayed at the mine, as prescribed.
The manager of an underground mine shall retain at the office of the mine a record of the starting and finishing times of the shifts of each under-manager of the mine.
The manager of an underground mine shall appoint such number of deputies as is sufficient in the manager’s opinion to carry out efficiently the functions at the mine conferred or imposed on deputies by this Act, the regulations, the rules and any schemes and any directions, or conditions of exemptions or approvals, given thereunder.
The manager of an underground mine shall not appoint a person as a deputy unless that person is the holder of a certificate of competency to be a deputy and such other qualifications as may be prescribed.
No person, other than a manager of an underground mine, shall appoint a person as a deputy in relation to an underground mine.
The manager of an open cut mine may appoint as a senior examiner of the open cut mine a person who:
(a) is the holder of a certificate of competency to be an examiner of an open cut mine, and
(b) has at least 2 years’ experience as an examiner of an open cut mine.
A senior examiner of an open cut mine may have jurisdiction in respect of the whole of the mine or jurisdiction limited to a part of the mine.
A senior examiner of an open cut mine must enforce the observance by all persons employed:
(a) if the whole of the mine is under the jurisdiction of that senior examiner—in the mine, or
(b) if the whole of the mine is not under the jurisdiction of that senior examiner—in the part of the mine which is under the jurisdiction of that senior examiner,
of this Act, the regulations, the rules and any schemes and any directions, or conditions of exemptions or approvals, given thereunder in working the mine or that part of the mine, as the case may be.
Subsection (3) does not apply to a senior examiner of an open cut mine during a period when the senior examiner is not on duty at the mine.
For the purposes of this section, if a part of an open cut mine is to be under the separate jurisdiction of a senior examiner, the manager of the mine must cause:
(a) that part of the mine to be identified by a distinguishing name or number, and
(b) the boundaries of that part of the mine to be:
(i) clearly marked in a manner approved by the district inspector, and
(ii) shown on a plan prepared, and displayed at the mine, as prescribed.
No person, other than a manager of an open cut mine, may appoint a person as a senior examiner of an open cut mine.
The manager of an open cut mine must retain at the office of the mine a record of the starting and finishing times of the shifts of each senior examiner of the mine or a part of the mine.
If a senior examiner of an open cut mine is present at the mine while the manager of the mine is absent and while there is no deputy manager of the mine present, the senior examiner:
(a) has full charge and control of all persons employed at the mine and of all operations at the mine, and
(b) must enforce the observance, by all persons employed at the mine, of this Act, the regulations, the rules and any schemes and any directions, or conditions of exemptions or approvals, given thereunder, and
(c) has such other functions as may be conferred or imposed by this Act on a senior examiner of an open cut mine.
The manager of an open cut mine shall appoint such number of examiners of open cut mines as is sufficient in the manager’s opinion to carry out efficiently the functions at the mine conferred or imposed on examiners of open cut mines by this Act, the regulations, the rules and any schemes and any directions, or conditions of exemptions or approvals, given thereunder.
The manager of an open cut mine shall not appoint a person as an examiner of an open cut mine unless that person is the holder of a certificate of competency to be an examiner of an open cut mine and such other qualifications as may be prescribed.
No person, other than a manager of an open cut mine, shall appoint a person as an examiner of an open cut mine.
If an examiner of an open cut mine is present at the mine while the manager of the mine is absent and while there is no deputy manager, or senior examiner, of the mine present, the examiner:
(a) has full charge and control of all persons employed at the mine and of all operations at the mine, and
(b) must enforce the observance, by all persons employed at the mine, of this Act, the regulations, the rules and any schemes and any directions, or conditions of exemptions or approvals, given thereunder, and
(c) has such other functions as may be conferred or imposed by this Act on an examiner of an open cut mine.
Subject to subsection (2), the owner of a mine shall not work the mine at any time when there is no person appointed as:
(a) mining surveyor for the mine, or
(b) mine electrical engineer for the mine, or
(c) mine mechanical engineer for the mine.
Where a vacancy occurs in an office referred to in subsection (1), the mine may be worked for a period not exceeding 1 month, or such longer period as the district inspector may allow, until the vacancy is filled.
The owner, the superintendent or the manager of a mine may appoint a person to an office referred to in subsection (1).
The owner, the superintendent or the manager of a mine shall not appoint a person to an office referred to in subsection (1) unless that person is the holder of such qualifications as may be prescribed.
No person, other than an owner, a superintendent or a manager of a mine, shall appoint a person to an office referred to in subsection (1).
A person is not qualified to be appointed as a mining surveyor for a mine unless the person is a registered mining surveyor within the meaning of the Surveying Act 2002.
Regulations may be made:
(a) requiring or authorising the appointment at all mines, at a particular class or description of mine or at a particular mine of such officials (not being officials the appointment of whom is required or authorised by a provision of this Act), engineers and technicians as may be specified in the regulations, and
(b) specifying the qualifications to be held by a person who is required or authorised to be appointed by a provision of a regulation made under paragraph (a).
Regulations may be made requiring the appointment at all mines, at a particular class or description of mine or at a particular mine of such officials (being officials the appointment of whom is authorised, but is not required, by a provision of this Act) as may be specified in the regulations.
Regulations may be made specifying the functions, or additional functions, as the case may require, of any official required or authorised to be appointed by a provision of this Act or of any official, engineer or technician required or authorised to be appointed by a provision of a regulation made under this section.
Regulations may be made specifying additional qualifications to be held by any official required or authorised to be appointed by a provision of this Act.
A person who appoints or nominates a person as the manager, deputy manager, under-manager in charge or under-manager of a mine, as a mining surveyor for a mine or as the holder of any position prescribed for the purposes of this subsection at a mine shall as soon as practicable (or, if a period is prescribed for the purposes of this subsection, within that period) send to the district inspector a notification in writing (or, if there is an approved form, in that form) containing:
(a) the full name, address and title of the person so appointed or nominated,
(b) the date of the person’s appointment or nomination,
(c) details of the certificate of competency held by the person, including the registered number thereof, and
(d) such other particulars as may be prescribed.
Where the jurisdiction of an under-manager in charge or an under-manager of an underground mine is limited to an underground part of the mine, that part of the mine shall be specified in the notification given under subsection (1) in respect of the under-manager in charge or under-manager and the notification shall be countersigned by the under-manager in charge or under-manager, as the case may be.
The owner of a mine shall, within 14 days after a change:
(a) in the name of the mine,
(b) in the name of the owner of the mine, or
(c) in the name of the secretary or the manager of the company which is the owner of the mine,
give to the district inspector a notice stating the particulars of the change.
In this Division, a reference to a mine being worked is to be taken to be:
(a) in the case of an underground mine, a reference to anyone other than a mining official being lawfully underground at the mine, or
(b) in the case of an open cut mine, a reference to anyone other than a mining official being lawfully in or about the excavation.
In this Division,
Except as provided by subsection (5) and section 49, the owner of an underground mine must ensure that the mine is not worked on any day unless:
(a) the manager of the mine attends the mine on that day and exercises the functions of manager of the mine, or
(b) if the manager of the mine is absent from the mine at any time on that day—a deputy manager of the mine attends the mine and exercises the functions of a deputy manager of the mine during the absence of the manager, or
(c) if the manager of the mine is absent at any time on that day and a deputy manager of the mine does not attend the mine during the absence of the manager—an under-manager in charge attends the mine and exercises the functions of an under-manager in charge of the mine during the absence of the manager, or
(d) if the manager of the mine is absent at any time on that day and a deputy manager of the mine or an under-manager in charge of the mine does not attend the mine during the absence of the manager—an under-manager attends the mine, or each part of the mine which is being worked and for which there is an under-manager, during the absence of the manager.
The owner of an open cut mine must ensure that the mine is not worked on any day unless:
(a) the manager of the mine attends the mine on that day and exercises the functions of manager of the mine, or
(b) if the manager of the mine is absent from the mine at any time on that day—a deputy manager of the mine attends the mine and exercises the functions of a deputy manager of the mine during the absence of the manager, or
(c) if the manager of the mine is absent at any time on that day and a deputy manager of the mine does not attend the mine during the absence of the manager—a senior examiner of the mine attends the mine and exercises the functions of a senior examiner of the mine during the absence of the manager, or
(d) if the manager of the mine is absent at any time on that day and a deputy manager of the mine or a senior examiner of the mine does not attend the mine during the absence of the manager—an examiner of the mine attends the mine and exercises the functions of an examiner of the mine during the absence of the manager.
Nothing in subsection (1) or (2) is to be construed as divesting a manager of a mine of any function conferred or imposed on the manager by this Act, the regulations, the rules and any schemes and any directions, or conditions of exemptions or approvals, given thereunder.
The owner of a mine who is informed that the manager of the mine will not be attending the mine and exercising the functions of the manager for a period of 7 or more consecutive days must, as soon as practicable after receiving the information:
(a) give the district inspector written notice of the anticipated absence of the manager, and
(b) include in the notice the name, residential address and title of the person who, during the absence of the manager, will be attending the mine and exercising the functions of the manager.
If a manager of a mine does not attend the mine and exercise the functions of the manager:
(a) for a period of 2 months and the Chief Inspector has not allowed a longer period under paragraph (b), or
(b) for a period longer than 2 months that is allowed by the Chief Inspector,
the owner of the mine must ensure that the mine is not worked on any day until another person is appointed or nominated under section 36 as the manager of the mine.
If the district inspector is of the opinion that attendance by the manager at a mine is so irregular as to be inadequate for the effective exercise of the functions of the manager, the district inspector may serve on the owner of the mine a written notice:
(a) expressing that opinion, and
(b) requiring the owner to take such remedial action as is specified in the notice.
The owner of a mine may:
(a) within 14 days after being served with a notice under subsection (1), appeal to the Chief Inspector against the requirement in the notice, and
(b) if dissatisfied with the decision of the Chief Inspector may, within 14 days after being notified of the decision, appeal to a court against the decision.
Unless a notice under subsection (1) is the subject of an appeal under subsection (2), the owner served with the notice must comply with the requirement of the notice within such time after the expiration of the time for lodging such an appeal as may be allowed by the Chief Inspector.
Notwithstanding the provisions of sections 48 and 50, the owner of an underground mine may work the mine on any day where:
(a) no mining is taking place at the mine and any operations underground at the mine do not involve:
(i) the employment of more than 15 persons underground at any one time, or
(ii) any alterations to the mine ventilation system or any alteration to the ventilation of a part of the mine (other than an alteration which it is usual to make during the working of a part of the mine), and
(b) the owner, the superintendent or the manager of the mine has appointed a person, being a person who holds a certificate of competency to be a manager of a mine, a certificate of competency to be an under-manager of a mine or a certificate of competency to be a deputy, to be responsible for the carrying out of the operations at the mine on that day and that person attends the mine on that day.
Notwithstanding the provisions of sections 48 and 50, the owner of an underground mine may work the mine on any day when no persons are employed underground at the mine if the owner, the superintendent or the manager of a mine has appointed a competent person to be responsible for the carrying out of the operations at the mine on that day and that person attends the mine on that day.
Notwithstanding the provisions of section 48, the owner of an open cut mine may work the mine on any day when:
(a) no mining is taking place at the mine, and
(b) any other operations being undertaken at the mine do not involve the employment of more than 15 persons,
if the owner, the superintendent or the manager of the mine has appointed a competent person to be responsible for the carrying out of the operations at the mine on that day and that person attends the mine on that day.
Where the owner of an underground mine is prohibited by section 39 (1) from working the mine unless there is a person appointed as an under-manager in charge of the whole of the mine, the owner of the mine shall ensure that the mine is not worked on any day unless:
(a) the person appointed as the under-manager in charge of the mine under section 39 attends the mine on that day and carries out the under-manager’s duties at the mine, or
(b) where that person is or will be absent from the mine during the whole of that day—a person appointed by the owner, the superintendent or the manager of the mine to act as under-manager in charge of the mine attends the mine on that day and carries out the duties of under-manager in charge of the mine.
Where the owner of an underground mine is prohibited by section 39 (1) from working an underground part of the mine unless there is a person appointed as an under-manager in charge of that part of the mine, the owner of the mine shall not work the mine on any day unless:
(a) the person appointed as the under-manager in charge of that part of the mine under section 39 attends the mine on that day and carries out the under-manager’s duties at the mine, or
(b) where that person is or will be absent from the mine on that day—a person appointed by the owner, the superintendent or the manager of the mine to act as under-manager in charge of that part of the mine attends the mine on that day and carries out the duties of under-manager in charge of that part of the mine.
The owner, the superintendent or the manager of an underground mine shall not appoint a person under subsection (1) (b) or (2) (b) unless that person is the holder of a certificate of competency to be a manager of a mine or a certificate of competency to be an under-manager of a mine.
A person appointed under this section to act as an under-manager in charge shall, for the purposes of this Act, the regulations, the rules and any schemes and any directions, or conditions of exemptions or approvals, given thereunder be deemed to be an under-manager in charge with the same functions as the person in whose place the person is appointed to act.
Nothing in subsection (4) shall be construed as divesting an under-manager in charge of a mine or of part of a mine of any function conferred or imposed on the under-manager by this Act, the regulations, the rules and any schemes and any directions, or conditions of exemptions or approvals, given thereunder.
The owner of an underground mine shall not work the mine or a part of the mine on any shift unless the mine or the part of the mine, as the case may be, is in the charge of a person who is qualified to be appointed as an under-manager.
Subsection (1) does not apply in respect of a mine where:
(a) the only operations being carried out at the mine are on the surface, or
(b) operations taking place at the mine do not involve:
(i) the employment of more than 15 persons underground at any one time, or
(ii) any alteration to the mine ventilation system or any alteration to the ventilation of a part of the mine (other than an alteration which it is usual to make during the working of a part of the mine), or
(c) no more than 15 persons are underground at any one time and, with the prior approval of the Chief Inspector, coal is being extracted by the longwall or shortwall method of mining or pillars are being removed.
Any instructions given to the manager of a mine or any other official or employee of the mine by or on behalf of the owner of the mine relating to the functions of the manager, other official or employee under this Act, the regulations, the rules and any schemes and any directions, or conditions of exemptions or approvals, given thereunder shall be confirmed in writing by the person who gave them immediately after a request to do so is made by the manager, official or employee, as the case may be.
Except in the case of an emergency, neither the owner of a mine nor a person acting on the owner’s behalf shall give to an official of the mine less senior than the manager of the mine or to an employee of the mine any instructions relating to the functions of the official or employee under this Act, the regulations, the rules and any schemes and any directions, or conditions of exemptions or approvals, given thereunder otherwise than through, or with the consent of, the manager of the mine.
If instructions relating to the functions of an official or employee of a mine under this Act, the regulations, the rules or any schemes or any directions, or conditions of exemptions or approvals, given thereunder are given to:
(a) an official of a mine less senior than the manager of the mine, or
(b) an employee of the mine,
otherwise than through, or with the consent of, the manager of the mine, the person who gave the instructions shall inform the manager of the mine immediately of the substance of the instructions.
Without limiting the generality of section 52:
(a) where instructions are given to:
(i) the manager of a mine,
(ii) an official of a mine less senior than the manager of a mine, or
(iii) an employee of a mine,
by the owner of a mine or by a person on behalf of the owner of the mine (being, in either case, an owner or a person who is not qualified for appointment or nomination as the manager of the mine), and
(b) where the manager of the mine is of the opinion that the execution of the instructions would, or might be likely to, prejudice the safety or health of any person employed at the mine or impede any person employed at the mine in the exercise of any function conferred or imposed on the person by or under this Act,
the manager of the mine shall:
(c) where the instructions are given to the manager, decline to execute them until they are confirmed in writing by a person:
(i) who is qualified for appointment or nomination as the manager of the mine, and
(ii) who, if the person is not the owner of the mine, is authorised by the owner of the mine to confirm the instructions, or
(d) where the instructions are given to another person, direct that person not to execute the instructions until they are confirmed in writing by a person referred to in paragraph (c).
A person given a direction under subsection (1) (d) shall comply with the direction.
Where instructions to any person at a mine are confirmed in writing in accordance with this Division:
(a) the original instructions shall forthwith be delivered by the person who confirmed them to the manager of the mine, and
(b) a copy of the instructions shall be kept by the owner of the mine or supplied by the person who confirmed them to the owner of the mine,
who shall preserve that original or copy, as the case may be, for at least 6 years after the instructions cease to be effective.
Subject to this Division, the manager of a mine may, by instrument in writing, delegate to an official at the mine the exercise of such of the functions conferred or imposed on the manager by or under this Act as are specified in the instrument of delegation and may, by a like instrument, revoke wholly or partly any such delegation.
Where a form of instrument of delegation is approved for the purposes of this section, a delegation under this section shall be in that form and shall contain such matters as are required to be inserted in that form.
Subject to section 57, a delegation under this section has no effect unless it is countersigned by the delegate.
The manager of a mine shall not delegate under subsection (1) the exercise of:
(a) the manager’s power of delegation, or
(b) such of the manager’s functions as are prescribed for the purposes of this subsection.
Regulations may be made prescribing, in respect of the functions of a manager of a mine that may be delegated under subsection (1):
(a) the official or class of official, or
(b) the qualifications to be held by an official,
to whom the exercise of a function may be delegated.
Where a regulation referred to in subsection (5) is made in respect of a function of a manager of a mine, the manager shall not delegate the exercise of that function other than to:
(a) an official,
(b) an official belonging to a class of official, or
(c) an official holding the qualifications,
prescribed under that subsection.
A delegation under this section may be made subject to such conditions or such limitations as to the exercise of any of the functions delegated, or as to time or circumstances, as are specified in the instrument of delegation.
A function the exercise of which has been delegated under this section may, while the delegation remains unrevoked, be exercised from time to time in accordance with the terms of the delegation.
Any act or thing done or suffered by a delegate while exercising a function delegated to the delegate under this section has the same force and effect as if the act or thing had been done or suffered by the manager.
A function, the exercise of which has been delegated by the manager of a mine under this section, shall, while the delegation remains unrevoked:
(a) be deemed not to be the function of the manager, and
(b) be deemed to be the function of the delegate,
for the purposes of this Act.
Nothing in this section affects the power of a manager of a mine to delegate a function to a person holding a position at the mine (other than the position of an official) under section 108A.
Subject to subsection (2), a delegate under an instrument of delegation executed under section 56 shall countersign the delegation.
A delegate may refuse to countersign an instrument of delegation under section 56 if the delegate is of the opinion that the delegation is unreasonable.
Where a delegate refuses to countersign an instrument of delegation executed by the manager of a mine under section 56, the delegate shall serve a notice in writing (or, if a form is approved for the purposes of this subsection, in that form) on the manager within 7 days of the making of the delegation setting out the reasons for the delegate’s refusal.
A manager of a mine may:
(a) on receipt of a notice served under subsection (3) in respect of a delegation, or
(b) if, within the period prescribed by subsection (3), no notice is served on the manager under that subsection in respect of a delegation which a delegate has refused to countersign,
either confirm or revoke the delegation.
If a manager of a mine confirms a delegation under subsection (4), the manager shall refer the delegation to a court which may hear and determine the matter and:
(a) if it is of the opinion that the delegation is reasonable—order that the delegation be deemed to have been countersigned by the delegate, or
(b) if it is of the opinion that the delegation is unreasonable—order that the delegation be deemed to have been revoked,
and make such other order in relation to the delegation as it thinks fit.
An order made under subsection (5) shall have effect according to its tenor.
A manager of a mine shall send a copy of any instrument of delegation executed by the manager under section 56 to the district inspector as soon as practicable (or, if a period is prescribed for the purposes of this subsection, within that period) after the execution of the instrument.
Where an instrument of delegation executed by the manager of a mine under section 56:
(a) is countersigned or deemed to have been countersigned by the delegate after a copy thereof has been sent to the district inspector in accordance with subsection (1), or
(b) is revoked or deemed to have been revoked,
the manager shall so advise the district inspector in writing as soon as practicable thereafter.
An inspector or mine safety officer shall, for the purpose of the execution of this Act, have the power to do all or any of the following things:
(a) at any time (whether by day or by night) to:
(i) enter a mine and inspect the whole or any part of the mine and anything at the mine,
(ii) enter upon any land, place or premises (other than a mine) or vehicle in the performance of the inspector’s or mine safety officer’s functions under this section,
(b) to make such examination and inquiry as may be necessary to ascertain:
(i) whether, so far as regards a mine or persons employed at a mine, this Act, the regulations, the rules and any schemes and any directions, or conditions of exemptions or approvals, given thereunder have been complied with,
A reference in subsection (2) to the exercise of functions under the Occupational Health and Safety Act 2000 in relation to a mine includes a reference to the exercise of functions under Division 2 of Part 5 of that Act in relation to premises other than a mine for the purpose of investigating any matter under that Act in relation to a mine.
For the purposes of this section:
(a) an
emergency means any happening or occurrence at a mine which has, in the opinion of the manager of the mine, put the mine or the health or safety of persons employed at the mine in danger, and(b) a person shall be deemed to be on duty at a mine if the person is present at the mine and is required by the manager of the mine to exercise some function at the mine.
No person employed at a mine shall, except in an emergency, remain on duty at the mine for a continuous period in excess of 18 hours.
No person employed at a mine who has been on duty at the mine for a period in excess of 18 hours shall, except in an emergency, recommence duty at the mine until a period of 10 hours has elapsed since the person was last on duty at the mine.
The manager of a mine shall make an entry, in a book to be kept at the mine for that purpose, of every occasion on which a person:
(a) remains on duty at the mine in excess of the period specified in subsection (2), or
(b) commences duty at the mine before the period specified in subsection (3) has elapsed,
and shall specify in the book in relation to that entry the nature of the emergency.
An employer who dismisses any employee from his or her employment, or prejudices any employee in his or her employment, for or on account of the employee assisting an inspector, an investigator, a mine safety officer, a Board of Inquiry or a court for the purposes of this Act is guilty of an offence.
Maximum penalty:
(a) in the case of a corporation, 100 penalty units, or
(b) in the case of an individual, 40 penalty units.
In this section, a reference to a person assisting an inspector, an investigator, a mine safety officer, a Board of Inquiry or a court is a reference to a person who:
(a) has complied with or proposes to comply with a requirement of an inspector, an investigator, a mine safety officer, a Board of Inquiry or a court under this Act, or
(b) has appeared, is appearing or is to appear as a witness before a Board of Inquiry or a court, or
(c) assisted, is assisting or is to assist an inspector, an investigator, a mine safety officer, a Board of Inquiry or a court in any other manner.
In any proceedings for an offence against this section, it lies on the employer to prove that any employee shown to have been dismissed or prejudiced in his or her employment was so dismissed or prejudiced for some reason other than the reasons mentioned in subsection (1).
A notice required or authorised to be given to, or served on, a person by or under this Act shall be in writing and shall be given to, or served on, that person:
(a) personally or by post, or
(b) if a manner of giving or serving the notice is prescribed, in the manner prescribed.
A notice required or authorised to be given to, or served on, an owner of a mine by or under this Act shall be deemed to have been so given or served if it is given to, or served on, the superintendent or the manager of the mine.
Any appointment of a person for the purposes of this Act or the regulations shall be in writing unless a contrary intention appears in the provision authorising or requiring the appointment.
An instrument of appointment of a mining official at a mine or a copy thereof shall be kept by the owner of the mine at the office of the mine during the currency of the appointment and for 12 months thereafter.
Every book or form which, in pursuance of this Act or the regulations, is required to be kept or provided by the owner of a mine for the purpose of the entry therein of any report, record or other item of information shall, if there is an approved form, be in or to the effect of that form.
Every entry made in a book or form required to be kept or provided by the owner of a mine for the purpose referred to in subsection (1), or a copy of that entry, shall be preserved by the owner until the expiration of 1 year after the date on which the entry was made or, if some other period is prescribed, until the expiration of that period.
A book or form required to be kept or provided by the owner of a mine for the purpose referred to in subsection (1) shall be kept by the owner at the office at the mine or at such other place as may be approved by the district inspector.
Every entry required to be made in a book or form for the purpose referred to in subsection (1) which is required by or under this Act to be countersigned may be countersigned on the duplicate copy of the entry.
Any appointment, delegation, rule, scheme, direction or instruction made or given by a person who is the owner or an official of a mine shall continue in force after that person ceases to be the owner or official, as the case may be, and may be altered from time to time or revoked as if it had been made or given by that person’s successor.
Any expenses incurred under or by virtue of this Act by the Minister shall be defrayed out of money provided by Parliament.
Any sums received under or by virtue of this Act by the Minister shall be paid into the Consolidated Revenue Fund.
The Governor may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
In particular, but without limiting the generality of subsection (1), the regulations may include provision for or with respect to:
(a) the safety, health, convenience and conduct of persons at mines,
(b) the care and maintenance of animals used at mines,
(c) prohibiting the use of specified materials or classes or types of material underground in mines unless such materials, classes or types are approved,
(d) the duties and discipline of persons employed in or about mines,
(e) the design, construction, installation, maintenance, use, testing, repair, adjustment, alteration and examination of machinery or apparatus used at mines (in so far as those matters affect the safety or health of persons at mines),
(f) the design, use, construction and maintenance of:
(i) mechanical vehicles and locomotives at mines,
(ii) mechanical equipment at mines,
(iii) buildings and structures at mines,
(iv) equipment used in connection with shafts and roadways in mines,
(v) belt conveyors at mines, and
(vi) electrical equipment at mines,
in so far as those things affect the safety or health of persons at mines,
(g) prohibiting the installation at mines of machinery or apparatus not constructed so as to comply with the regulations,
(h) the construction, design, material and strength of foundations to which any machinery or apparatus at mines is or is to be anchored,
(i) the provision of security measures at mines to prevent access to shafts, drifts and surface buildings when unattended,
(j) the provision of blast doors or other devices capable of assisting in the sealing off of mines,
(k) inspections for the presence of noxious or flammable gas, spontaneous combustion or heating or for the absence of oxygen, including provisions for or with respect to the installation in mines or the supply to persons employed in mines of devices, systems or equipment for the detection, monitoring or testing of flammable or noxious gases or for detecting or monitoring the absence of oxygen,
(l) the support of the roof and sides of working places and roadways in mines and the withdrawal of that support,
(m) the maintenance and inspection of shafts and roadways in mines,
(n) working practices employed at mines in so far as those practices affect the safety or health of persons at mines,
(o) prohibiting the working of mines affected by dust or prescribing the conditions under which any such mines shall be worked,
(p) requiring the use in mines of prescribed apparatus in relation to dust,
(q) requiring steps to be taken and working practices to be adopted to minimise dust in mines,
(r) preventing the accumulation in mines of flammable dust,
(s) the prevention, detection and combating of fires at, and spontaneous heatings occurring in, mines including provisions for or with respect to:
(i) the establishment and maintenance at mines of such organisations of persons as may be necessary for the prevention, detection and combating of fires and spontaneous heatings and the training of the members of any such organisations, and
(ii) the provision and maintenance at mines of suitable and sufficient apparatus for the prevention, detection and combating of fires and spontaneous heatings,
(t) the design, installation, operation and maintenance of methane drainage systems in mines and the treatment, storage and disposal of methane,
(u) the requirements to be observed and the precautions to be taken in mining:
(i) under the ocean, a river, a lake, an estuary, a reservoir or an aquifer, and
(ii) near any place or strata which is likely to contain a dangerous accumulation of gas or water or material that flows when wet,
(v) the control of the supply, storage and use of blasting materials, blasting devices and inflammable materials at mines,
(w) requiring the surveying, and the preparation of plans, of barriers and protective pillars in mines and prescribing the time in which any such surveys or plans shall be made or prepared,
(x) the charging of fees for the testing of machinery, vehicles, equipment, apparatus, material or any other articles for approval for the purposes of this Act or the regulations,
(y) the waiver, remission or refund of fees charged under the regulations,
(z) the approval of any equipment, apparatus, material or thing before it may be used in, installed in or taken into a mine or connected to, or used with, any other equipment, apparatus, material or thing used or installed in a mine,
(aa) the issue of certificates of examination in respect of any equipment, apparatus, material or thing proposed to be used in, installed in or taken into a mine,
(bb) the preparation and the putting into effect of rules and schemes referred to in Divisions 7 and 8 of Part 4 and section 145N,
(cc) the generation, storage, transformation, transmission and use of electricity at mines,
(dd) the use, construction, installation, examination, repair, maintenance, alteration, adjustment and testing of electrical apparatus and electric cables at mines,
(ee) the circumstances in which the supply of electricity into the underground parts of a mine or part of a mine or any apparatus in a mine shall be cut off and the type, nature and design of apparatus to be used to cut off the supply of electricity,
(ff) requiring the installation in mines of such electrical apparatus as may be prescribed and the type, nature and design of any such apparatus,
(gg) the circumstances in which the supply of electricity shall not be connected to the underground parts of a mine or part of a mine and the type, nature and design of any apparatus to be used to prevent the supply of electricity being connected,
(hh) requiring communication systems to be provided in mines,
(ii) the supply and maintenance of first aid equipment, facilities and locations in mines,
(jj) the employment in mines of persons trained to administer first aid to persons injured,
(kk) the conveyance of persons injured within a mine from the mine to their homes or hospital,
(ll) the provision, location, care and maintenance of sanitary conveniences in mines,
(mm) the control of rats, mice, other vermin and insects in or about mines,
(nn) the provision, design, location, care and maintenance of bath and change houses at mines,
(oo) the supply of drinking water at mines,
(pp) the provision of facilities for the taking of meals both on the surface and underground at mines,
(qq) the supply and maintenance of safety equipment for the use of persons employed at mines,
(rr) the transport of persons and materials in mines,
(ss) requiring persons employed in mines who carry out functions which may affect the safety or health of other persons to hold such qualifications as may be prescribed,
(tt) the ventilation of mines,
(uu) the environmental working conditions in mines,
(vv) the control of the temperature and humidity in mines,
(ww) the use of safety lamps and appliances for detecting the presence of flammable gas in mines,
(xx) lighting in or about mines,
(yy) prohibiting the taking into mines of items which may affect the safety of persons therein,
(zz) searching persons, before entry in to mines, for items referred to in paragraph (yy) and the confiscation and disposal of any such items found,
(aaa) the fencing, enclosing or sealing of abandoned or discontinued mines or parts of mines,
(bbb) the making of rules, and the preparation of schemes, by managers of mines and the enforcing of the observance of those rules and schemes,
(ccc) requiring the provision of notice boards at mines and prescribing:
(i) the number, design, construction, size and location of notice boards,
(ii) matters that shall be displayed on notice boards, and
(iii) the size and type of print to be used in matter to be displayed on notice boards,
(ddd) prescribing the type, size, contents and location of signs and notices to be displayed at mines,
(eee) the supply free of charge by the owners of mines to mine employees of abstracts of this Act and the regulations and any other approved books or information,
(fff) the preparation, maintenance, keeping and preservation of plans, sections and drawings of mines (including abandoned mines) and of workings in or about mines and of related documents, including provisions for or with respect to the preparation of those plans, sections and drawings by the Department and the recovery of the cost thereof,
(ggg) surveys of mines (including abandoned mines),
(hhh) the furnishing or production of copies of plans, sections and drawings of mines (including abandoned mines) and the furnishing of information relevant to the preparation of those plans, sections or drawings to the Department, to inspectors and to other persons,
(iii) the supply of, or the furnishing of information from, copies of plans, sections or drawings filed with the Department to persons,
(jjj) prescribing, in respect of emplacement areas, engineering, environmental and safety standards, practices to be adopted in constructing and using emplacement areas and steps to be taken to keep emplacement areas secure,
(kkk) regulating the number of persons who may be employed underground in a mine or part of a mine in prescribed circumstances,
(lll) regulating the employment of persons under the age of 16 years in or about mines,
(mmm) the provision, retention, maintenance and inspection of records at mines,
(nnn) the functions of inspectors, investigators or mine safety officers, including provisions for or with respect to the production of written authorities by inspectors, investigators or mine safety officers and the warnings to be administered to persons in the course of an inspection, and
(ooo) the regulation of coal preparation plants which service mines.
Without limiting the generality of subsection (1), regulations may be made as if a reference in subsection (2) to a mine were a reference to a coal preparation plant that, under Part 5A, is a declared plant.
A power under this Act to make regulations may be exercised:
(a) in relation to:
(i) all cases to which the power extends,
(ii) all cases to which the power extends subject to special exceptions, or
(iii) in relation to any specified cases or classes of cases to which the power extends, and
(b) so as to make, as respects the cases in relation to which it is exercised:
(i) the same provision for all cases, a different provision for different cases or classes of cases, or different provisions as respects the same cases or classes of cases for different purposes of this Act, or
(ii) any provision referred to in subparagraph (i) either unconditionally or subject to any specified conditions.
Without limiting the generality of subsection (3), the regulations may provide for the classification of underground mines by reference to the quantity of flammable gas found in the mines.
The Chief Inspector may, by instrument in writing served on the owner or manager of a mine, or on the owner or manager of a coal preparation plant that, under Part 5A, is a declared plant, order that any specified provision of the regulations, the rules or a scheme:
(a) shall not apply to or in respect of any person or class of person, or any act, matter or thing or class of act, matter or thing, specified in the order, or
(b) shall not so apply in such circumstances or subject to such conditions as may be so specified.
Subsection (5), to such extent as is prescribed, applies to an inspector in the same way as it applies to the Chief Inspector.
An order made under subsection (5) shall take effect according to its tenor on and from the time it is made or, where a later time is specified in the order, from the day so specified.
The regulations may, in relation to any matter in respect of which they may be made:
(a) authorise or require:
(i) inspectors,
(ii) owners or officials of mines, or
(iii) persons employed in or about mines,
to:
(iv) do, or cause to be done, such acts as are specified in the regulations, or
(v) ensure that such acts as are specified in the regulations are done, or
(b) require any such inspector, owner, official or person to:
(i) refrain from doing such acts as are specified in the regulations, or
(ii) ensure that such acts as are specified in the regulations are not done.
Subsection (8) applies to an owner or manager of, or an employee in or about, a coal preparation plant that, under Part 5A, is a declared plant in the same way as it applies in relation to an owner or official of a mine or a person employed in or about a mine.
A regulation may:
(a) apply differently according to such factors as are specified in the regulation,
(b) authorise any matter or thing to be from time to time determined, applied or regulated by a specified person,
(c) (Repealed)
(d) exempt persons, or persons of a prescribed class, or any act, matter or thing, or any prescribed class of act, matter or thing, either absolutely or subject to conditions, from any provision of the regulation,
(e) require an application under this Act to be verified by a statutory declaration, and
(f) impose a penalty not exceeding 5 penalty units for any contravention of a regulation and in addition, where the contravention continues, a penalty not exceeding 0.5 penalty unit for every day the contravention continues.
Schedule 3 has effect.
(Sections 5 (1) (19), 33 (3))
Superintendent
Assistant Superintendent
Manager
Deputy Manager
Under-manager in charge
Under-manager
Deputy
Superintendent
Assistant Superintendent
Manager
Deputy Manager
Senior Examiner of an open cut mine
Examiner of an open cut mine
(Section 18)
In this Schedule:
The chairperson shall preside at all meetings at which the chairperson is present.
The members shall elect a member as a deputy chairperson of the Board.
If the chairperson is not present at any meeting at the time appointed for holding the meeting, the deputy chairperson shall act as chairperson at that meeting.
If the chairperson and deputy chairperson are not present at any meeting at the time appointed for holding the meeting, the members present at the meeting shall appoint one of their number to act as chairperson at that meeting.
The Minister shall specify in the instrument of appointment of an appointed member a term of office, not exceeding 3 years, in relation to the member.
An appointed member shall cease to hold office:
(a) subject to subclause (3), on the expiration of the appointed member’s term of office,
(b) (Repealed)
(c) on the appointed member’s resignation, or
(d) on termination of the appointed member’s appointment under subclause (5),
whichever is the earliest.
An appointed member shall, if otherwise qualified, be eligible for re-appointment as a member.
An appointed member may, by notice in writing given to the Minister, resign his or her office.
The Minister may remove or suspend from office any or all of the members, whether or not the Minister appoints instead a person as a member, or persons as members.
Questions arising at a meeting shall be determined by a majority of votes of the members present and voting.
The chairperson or member presiding at a meeting shall have a deliberative vote and, in the event of an equality of votes, shall have a second or casting vote.
Each member is entitled to receive such remuneration (including travelling and subsistence allowances) for attending meetings and transacting business of the Board as the Minister may from time to time determine in respect of the member.
The frequency of meetings, the procedures for the conduct of business at meetings and the number of members required to constitute a quorum at a meeting shall, subject to this Act, the regulations and any directions given by the Minister, be as determined by the Board.
The regulations may make provisions, not inconsistent with this Act, with respect to:
(a) the frequency of meetings,
(b) the procedures for the conduct of business at meetings,
(c) the number of members required to constitute a quorum at a meeting, and
(d) the circumstances in which a member shall be deemed to have vacated the member’s office.
(Section 175)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
• Mines Legislation Amendment (Mines Safety) Act 1998
• Mining Legislation Amendment (Health and Safety) Act 2002
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:
Sections 91 and 93A–93E, as amended and inserted by the amending Act, do not apply to an accident or dangerous occurrence that occurs before the commencement of the amendment made to section 91 by the amending Act.
Sections 94A–94E, as inserted by the amending Act, do not apply to an accident or dangerous occurrence that occurred before the commencement of section 94A.
It is sufficient compliance with section 123 if a shaft or outlet of a mine provided with an enclosure, barrier, plug or seal, before the amendment of section 121 by the amending Act, complies with section 121 as in force before that amendment.
0
0
0