Coal Mining Act Amendment Act 1981 (Qld)

1029 (jueerts lixti ANNO TRICESIMO ELIZABETHAE SECUNDAE REGINAE No. 100 of 1981 An Act to amend the Coal MiningAct 1925-1979 in certain particulars [ASSENTED TO 1 1 TH DECT MBER. 1981

1030 Coal Mining Act Amendment Act 1981, No. 100 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Coal Mining Act Amendment Act 1981. (2) In this Act the Coal Mining Act1925-1979 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Coal Mining Act1925-1981. 2. Commencement . (1) This Act other than sections 7, 8, 10, 11 and 12 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Sections 7, 8, 10, 11 and 12 shall commence on a day appointed by Proclamation. 3. Amendment of s. 4 . Interpretation . Section 4 of the Principal Act is amended by omitting the definition " Inspector " and substituting the following definition:- Inspector "-An inspector of coal mines, an electrical inspector of coal mines or a mechanical inspector of coal mines appointed for the purposes of this Act or an inspector of mines appointed for the purposes of the Mines Regulation Act: the term includes the Chief Inspector of Coal Mines, the Assistant Chief Inspector of Coal Mines and any Senior or Principal Inspector of any description appointed for the purposes of this Act; ". 4. Amendment of s. 6. Appointment of officers. Section 6 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- " (1) The Governor in Council may from time to time appoint for the purposes of this Act a Chief Inspector of Coal Mines and such inspectors, electrical inspectors, mechanical inspectors and other officers as he deems necessary for the effectual administration of this Act. Every such appointment shall be made and the appointee shall hold his office under, subject to and in accordance with the Public ServiceAct1922-1978. Upon notification in the Gazette of any such appointment judicial notice shall be taken of the notification and of the appointment thereby notified.". 5. Amendment of s. 80. Winding engine to be in the charge of a licensed person. Section 80 of the Principal Act is amended by omitting the note appearing in and at the beginning of subsection (3). 6. Repeal of ss. 93- 95. Payment by weight. The Principal Act is amended by repealing sections 93, 94 and 95 and the heading " Payment by Weight " immediately above section 93.

Coal Mining Act Amendment Act 1981, No. 100 1031 7. Repeal of and new ss . 96 and 97. General rules for all mines; Special rules . The Principal Act is amended by repealing sections 96 and 97 and substituting the followin0g sections:- 96. Power to make general rules. (1) The Governor in Council may in accordance with this Act make general rules with respect to all or any of the matters specified in Part I of the First Schedule and prescribing codes of signals and codes of symbols to be used in and about coal mines and the purposes of their use. (2) If the Minister is satisfied that the observance of a general rule is not practicable in a particular coal mine he may recommend to the Governor in Council that action be taken under this subsection and upon such recommendation the Governor in Council may, in relation to that mine vary that rule in such manner as he deems necessary or. by notification published in the Gazette, suspend the operation of that rule and, by a like notification, may terminate the suspension. (3) A general rule as varied pursuant to subsection (2) shall be taken to be a general rule applicable to the coal mine in relation to which the rule has been varied in place of the general rule previously applicable and so varied. 97. Power to make special rules. (1) The Governor in Council may in accordance with this Act make special rules with respect to the mode of conduct of operations in and about coal mines, the categories of persons to be employed at coal mines and the duties and responsibilities of such persons and the duties and responsibilities of the owners, agents or managers of coal mines. (2) The owner, agent or manager of a coal mine or the representative of the workmen employed at a coal mine, being the representative appointed in that behalf by the majority of those workmen, may at any time apply to the Minister to have the special rules applicable to that coal mine, or any of them, rescinded, amended, added to or otherwise modified on the ground that the observance of the rules to which the application relates is not reasonably practicable at that coal mine. If, upon such an application, the Minister is satisfied of the truth of the ground alleged in the application he may recommend to the Governor in Council that effect be given to the application, wholly or partly, but if he is not so satisfied the Minister shall refuse the application and thereby dispose of it.". 8. Repeal of and new s. 100. Obstruction to compliance with this Part and rules null and void . The Principal Act is amended by repealing section 100 and substituting the following section:- 100. Agreement to obstruct this Part or rules null and void. A term of an agreement that- (a) purports to obstruct any person in complying with this Part or with any rule made under this Act or that has that effect; or

1032 Coal Mining Act Amendment Act 1981, No. 100 (b) purports to penalise any person on account of his complying or intending to comply with this Part or any rule made under this Act or that has that effect; or (c) purports to require any person to commit a breach of any provision of this Part or of any rule made under this Act, is null and void.". 9. Amendment of s. 105. General penalty. Section 105 of the Principal Act is amended by- (a) omitting the words " one hundred pounds " and substituting the expression " $200 "; (b) omitting the words " fifty pounds " and substituting the expression " $100 ". 10. Repeal of and new s. 111. Power of the Governor in Council to make rules . The Principal Act is amended by repealing section III and substituting the following section:- 111. Ambit and nature of rules. Rules, whether general or special, made under this Act- (a) shall not be inconsistent with any provision of this Act; (b) may be made- (i) to apply generally throughout the State or within any part or parts of the State; (ii) to apply to all coal mines or to any class, number or description of coal mines; or (iii) so that different rules apply to coal mines of different classes or descriptions; (c) may adopt, wholly or partly, either by way of reference or express specification therein any of the standard rules, codes or specifications of the bodies known as the Standards Association of Australia, the British Standard Institution or a like body identified in the rules; and (d) may provide- (i) that the Chief Inspector's approval is to be the standard applicable in respect of a particular matter; (ii) that an inspector may direct or allow a rule or part thereof to be varied or modified in respect of the working of a particular coal mine; (e) may impose for any breach thereof a penalty not exceeding $200.". 11. Amendment of s. 113. Publication of rules. Section 113 of the Principal Act is amended by- (a) omitting the words " (I) To be published in Gazette. " and substituting the words " Effect of publication of rules."; (b) omitting all words from and including the words ", including any rules " to and including the words " Fourth Schedule to this Act,"; (c) omitting subsection (2).

Coal Mining Act Amendment Act 1981, No. 100 1033 12. Repeal of Schedules . The Principal Act is amended by omitting the Second Schedule, the Third Schedule and the Fourth Schedule. 13. Making of rules before proclaimed day. cf. ActsInterpretationAct 1954-1977 s. 17. Rules authorized by sections 96 and 97 of the Principal Act as amended by this Act to be made and authorized by law to be made after the passing of this Act but before the day appointed by Proclamation pursuant to section 2 (2)- (a) shall be made in accordance with the provisions of the Principal Act as amended by this Act; and (b) shall not be affected by any inconsistency between their provisions and the provisions of the Second Schedule, the Third Schedule or the Fourth Schedule of the Principal Act.