Coal Mining Act and Another Act Amendment Act 1989 (Qld)

342 C O A L MIN ING ACT AN D AN OT HER ACT AN ENT A CT No. 36 of 1989 ANALYSIS OF CONTENTS 1. Short title 2. Arrangement PART I-PRELIMINARY PART 11-AMENDMENT OF COAL MINING ACT 1925-1981 3. Principal Act and amended citation 4. New s. 3A Application of Act 5. Amendment of s. 55 . Deputies 6. Amendment of s. 61 . Withdrawal of workmen in case of danger 7. Amendment of s. 79. Who shall not be employed 8. Repeal of s. 110. Saving of other Acts 9. Repeal of and new s . 115. Copies of rules to be laid before Parliament Rules to be laid before Parliament PART III-AMENDMENT OF MINES REGULATION ACT 1964-1983 10. Principal Act and amended citation 11. Amendment of s. 9. Board of Examiners 12. Amendment of s. 46. Employment of young males and females

343 ANNO TRICESIMO OCTAVO EL,IZA ET AE SEC N AE R EGINAE No. 3 6 of 1989 An Act to amend the Coal Mining Act 1925-1981 and the Mines Regulation Act 1964-1983 each in certain particulars [ASSENTED TO 28TH APRIL, 1989]

344 Coal Mining Act and Another Act Amendment Act 1989, No. 36 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:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Coal Mining Act and Another Act Amendment Act 1989. 2. Arrangement . This Act is divided into Parts as follows:- PART I-PRELIMINARY (SS. 1 -2); PART II-AMENDMENT OF COAL MINING ACT 1925-1981 (ss. 3-9); PART Ill-AMENDMENT OF MINES REGULATION ACT 1964-1983 (Ss. 10-12). PART I1-AMENDMENT OF COAL MINING ACT 1925-1981 3. Principal Act and amended citation . (1) In this Part the CoalMining Act 1925-1981 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Coal Mining Act 1925-1989. 4. New s. 3A. The Principal Act is amended by inserting after section 3 the following section: "3A. Application of Act. (1) The Governor in Council may, by Order in Council, exempt any part of the surface of a mine in respect of which any plant is being constructed or demolished thereon from all or any of the provisions of this Act either absolutely or upon and subject to such conditions as are specified in that Order in Council. (2) Any part of a mine exempted under subsection (1) shall remain exempt from the provisions of this Act to the extent prescribed by the Order in Council exempting that mine or that part of a mine during- (a) the continuance in force of the Order in Council; and (b) the compliance in all respects by the owner, agent or manager of that mine and by all persons under the manager's control with the conditions, if any, specified in the Order in Council.".

Coal Mining Act and Another Act Amendment Act 1989, No. 36 345 5. Amendment of s. 55. Deputies . Section 55 of the Principal Act is amended by omitting the word "inflammable" where it occurs in subsections (4) and (5) and substituting the word "flammable" in each case. 6. Amendment of s. 61 . Withdrawal of workmen in case of danger. Section 61 of the Principal Act is amended- (a) in the first paragraph- (i) by omitting the word "inflammable"; (ii) by omitting the words "a locked safety lamp" and substituting the words "an approved gas detector"; (b) in the third paragraph- (i) by omitting the words "worked with safety lamps"; (ii) by omitting the word "inflammable" and substituting the word "flammable"; (iii) by omitting the words ", or, if situated in a part of a mine worked with naked lights, one and a-quarter or upwards"; (c) by omitting the fourth paragraph. 7. Amendment of s. 79 . Who shall not be employed . Section 79 of the Principal Act is amended- (a) in subsection (3)- (i) by omitting the word "boy" and substituting the word "person"; (ii) by omitting the words "and no female"; (b) in subsection (4)- (i) by omitting the word "boys" and substituting the word "persons"; (ii) by omitting the word "boy" and substituting the word "person"; (c) by adding at the end thereof the following subsection:- "(8) The manager shall, by way of such tests or examinations as he considers appropriate, assure himself that every person employed underground has the physical capacity to perform the work likely to be required of that person.".. 8. Repeal of s. 110 . Saving of other Acts . The Principal Act is amended by repealing section l 10. 12

346 Coal Mining Act and Another Act Amendment Act 1989, No. 36 9. Repeal of and new s. 115. Copies of rules to be laid before Parliament . The Principal Act is amended by repealing section 115 and substituting the following section:- "] 15. Rules to be laid before Parliament . Section 28A of the Acts Interpretation :1et 1954-1985 shall apply with respect to rules made for the purposes ofthis Act as ifthey were regulations.". PART 111-AMENDMENT OF ]MINES REGULATION ACT 1964-1983 10. Principal Act and amended citation . (1) In this Part the MinesRegulation Act 1964-1983 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the MinesRegulationAct 1964-1989. 11. Amendment of s. 9 . Board of Examiners . Section 9 of the Principal Act is amended- (a) by omitting subsection (2) and substituting the following subsection:- "(2) The Board of Examiners shall consist of- (a) an officer (being the holder of mining qualifications) of the Department of Mines, appointed on the recommendation of the Minister, who shall be Chairman; and (b) at least four other persons , being the holders of mining qualifications , who possess a practical knowledge and skill in the mining industry and of whose number , no more than two shall be inspectors for the purposes of this Act or the Coal Mining Act1925-1989."; (b) by omitting from subsection (4) the words " holding the office of State Mining Engineer " and substituting the words " recommended by the Minister under subsection (2) (a)". 12. Amendment of s. 46. Employment of young males and females. Section 46 of the Principal Act is amended- (a) by omitting the note appearing in and at the beginning of the section and substituting the note "Restrictions on employment of persons."; (b) by omitting from subsection (2) the word "male" and substituting the word "person";

Coal Mining Act and Another Act Amendment Act 1989, No. 36 347 (c) by omitting subsection (3); (d) by omitting from subsection (5) the word "males" where it twice occurs and substituting the word "persons" in each case; (e) by adding at the end thereof the following subsection:- "(6) The manager shall, by way of such tests or examinations as he considers appropriate, assure himself that every person employed underground has the physical capacity to perform the work likely to be required of that person.".