Coal Mining Acts Amendment Act of 1964 (Qld)

81 (0uecnslxnh ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 8 of 1964 An Act to Amend "The Coal Mining Acts, 1925 to 1952," in certain particulars [ASSENTED TO 3RD APRIL, 1964] 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. (1) Short title . This Act may be cited as "The Coal Mining Acts Amendment Act of 1964." (2) Commencement of Act. This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. (3) Principal Act. " The Coal Mining Acts, 1925 to 1952," are in this Act referred to as the Principal Act. (4) Collective title. The Principal Act and this Act may be collectively cited as " The Coal Mining Acts, 1925 to 1964." 2. Amendment to s. 1 . Section one of the Principal Act is amended by adding the following subsection:- " (3) This Act shall be read as one with " The Mining Acts, 1898 to 1955 "."

82 Coal Mining Acts Amendment Act of 1964, No. 8 3. Amendments to s, 3 . Section three of the Principal Act is amended by- (a) numbering the existing paragraphs as subsection (1); (b) adding the following subsections:- " (2) Every coal mine shall be classified as either an underground coal mine or as an open-cut coal mine. (3) The Governor in Council may, by Order in Council, declare any coal mine to be an underground coal mine or to be an open-cut coal mine irrespective of the method of working that coal mine and, thereupon, for so long as the Order in Council remains in force the coal mine in question shall be deemed to be the class of coal mine as so declared." 4. Amendments to s. 4 . Section four of the Principal Act is amended by- (a) omitting the definition " Board of Examiners " and inserting in its stead the following definition :- "Board of Examiners "-The Board of Examiners constiturd under " The Mines Regulation Act of 1964 ";"; (b) omitting from the definition "Coal" the words " stratified ironstone, shale, and "; (c) inserting in the definition " Inspector " after the words " electrical inspector " the words " and a mechanical inspector "; (d) omitting the definition " Machinery " and inserting in its stead the following definition :- Machinery "-Every kind of mechanical appliance and every part thereof; "; (e) inserting the following definitions:- (i) after the definition " Board of Examiners "- " " Below ground "-The same meaning as is assigned by this Act to the term " underground "; " Chief Inspector "-Chief Inspector of Coal Mines rppointed under this Act, and includes the person for the time being performing the duties of that position; (ii) after the definition " Minister "- Open-cut "-Any excavation in the ground other than an underground excavation and includes any excavation declared by the Governor in Council, by Order in Council, to be an open-cut; " Open-cut coal mine "-Any coal mine worked by means of an excavation in the ground other than an underground excavation and includes any coal mine declared by the Governor in Council to be an open - cut coal mine; " Open-cut excavation "-Includes any area beyond the main working face in which shot holes, or any such, are being charged or which, by an operation subsequent to such charging, is being prepared for or worked in the getting of coal;";

Coal Mining Acts Amendment Act of 1964, No. 8 83 (iii) after the definition " This Act "- " "Trainee winding driver " -A person operating or driving a winding engine under the personal supervision of the holder of a winding license; " Underground "- Having an overlying cover of earth, and includes any vertical shaft being sunk from the surface for the purpose of prospecting for coal or in connection with any underground excavation used or intended to be used for the purpose of mining for coal; " Underground coal mine "-Any coal mine worked by means of any excavation in the ground other than an open-cut excavation and includes any shaft in such a mine; "; (iv) after the definition " Warden ' s court "- " " Winding engine "-Any mechanical appliance powered by steam, air, electricity , internal combustion , or water power or operated by the force of gravity by which persons or materials are raised or lowered by means of a cable attached to a skip , cage , bucket , or other type of conveyance to or from any place in a mine: The term does not include any dragline, loader , scraper, or shovel or any mechanical appliance declared by the Governor in Council to be excluded therefrom. " Winding machinery "-The same meaning as is assigned by this Act to the term " winding engine ".". 5. Repeal of and new s. 6. The Principal Act is amended by repealing section six and inserting in its stead the following section:- " [6.] Appointment of officers . (1) The Governor in Council may from time to time appoint a Chief Inspector of Coal Mines and such inspectors and officers as he deems necessary for the effectual administration of this Act. (2) After the commencement of this Act- (a) no person shall be appointed Chief Inspector of Coal Mines or an inspector (other than an electrical inspector or mechanical inspector) unless he is the holder of a First-class mine manager's certificate of competency; (b) no person shall be appointed an electrical inspector or a mechanical inspector unless he is the holder of- (i) a degree in electrical engineering or mechanical engineering, as the case may be, conferred by the University of Queensland ; or (ii) a degree, diploma or other qualification in electrical engineering or mechanical engineering, as the case may be, conferred by an educational body or institution which the Minister deems adequate." 6. Amendments to s. 10 . Section ten of the Principal Act is amended by- (a) numbering the existing paragraph as subsection (1);

84 Coal Mining Acts Amendment Act of 1964, No. 8 (b) renumbering sub-paragraphs (1), (2), (3), (4) and (5) of subsection (1) as so numbered by this Act to be respectively sub-paragraphs (a), (b), (c), (d) and (e); (c) inserting in sub-paragraph (b) of subsection (1) as re-numbered by this Act after the word " tramways " the words " power lines (d) adding the following subsection:- " (2) Where the Minister is satisfied that special circumstances exist by reason of- (a) the extent of the coal deposit concerned; or (b) the costliness of the machinery to be installed to work the coal deposit concerned; or (c) the extent of the planning required to work the coal deposit concerned; or (d) any other cause; the Minister may recommend to the Governor in Council that he grant, and the Governor in Council may grant a coal-mining lease under this Act. Such a lease shall be called a special coal-mining lease and, except as otherwise provided, shall be deemed a coal-mining lease within the meaning of this Act and shall be subject to the provisions of this Act applicable to a coal-mining lease. Every applicant for a special coal-mining lease shall, if required by the Minister, deposit with the Minister, or as he shall in writing direct, a sum fixed by the Minister to be held as a guarantee that the applicant, or each of them where there is more than one, if granted such lease shall observe and perform in all respects the provisions of this Act applicable thereto and the covenants thereof." 7. Amendments to s. 11 . Section eleven of the Principal Act is amended by- (a) omitting subsection (2) and inserting in its stead the following subsection:- (2) The area comprised in a coal -mining lease- (a) in the case of a special coal-mining lease shall be such as the Governor in Council in that case directs; (b) in any other case shall not exceed six hundred and forty acres."; (b) in subsection (3)- (i) numbering the existing paragraphs as paragraph (a); (ii) inserting before the words " shall be renewable " in the first sub-paragraph of paragraph (a) as so numbered by this Act the words " subject to the provisions of paragraph (b) of this subsection,"; (iii) inserting before the words " grant a renewal " in the first proviso to paragraph (a) as so numbered by this Act the words " subject to the provisions of paragraph (b) of this subsection,"; (iv) inserting before the words " in like manner " in the second proviso to paragraph (a) as so numbered by this Act the words " subject to the provisions of paragraphs (b) and (c) of this subsection "; (v) adding the following paragraphs:- " (b) Upon the grant of any coal-mining lease the Governor in Council may direct that, in respect of that lease, there shall not be any right to a renewal thereof and, in that event, that lease shall not be renewable under the provisions of this subsection.

Coal Mining Acts Amendment Act of 1964, No. 8 85 (c) Upon the grant of any renewal of a coal-mining lease the Minister may direct that, in respect of that lease, there shall not be any right to a further renewal thereof and, in that event, that lease shall not be further renewable under the provisions of this subsection."; (c) omitting from subsection (4) the words " one shilling " and inserting in their stead the words " ten shillings ". 8. Amendments to s. 12 . Section twelve of the Principal Act is amended by- (a) in subparagraph (vii) of subsection (1)- (i) inserting after the word " convenants " the words "including covenants with respect to the conditions on which mining in the mining tenement the subject of the lease will be allowed or with respect to the stowing or packing of the underground areas included in the mining tenement or the rehabilitation of the surface of the land included in or adjacent to the mining tenement,"; (ii) omitting the word " prescribed " and inserting in its stead the words " specified in the lease "; (b) in subsection (2)- (i) inserting after the words " the following provisions " the words of this subsection "; (ii) omitting the word " The " in subparagraph (ii) and inserting in its stead the words " Unless he has first obtained the written permission of the Minister in that behalf, the "; _ (c) adding the following subsection:- (6) In the case of a special coal-mining lease- (a) the owner, agent and manager of a mine in or on the land the subject of the lease shall carry out the work specified in that lease, within the time specified therefor in that lease: Provided that if the owner, agent or manager has not carried out the whole of such work within the said time, the Minister may, if he is satisfied that the failure so to do is due to circumstances for which none of those persons can justly be held responsible, extend the time so specified for a period not exceeding one year; (b) when there has occurred a failure to carry out work specified in the lease within the time specified therefor in the lease, or, in the case of an extension of such time, within such time as so extended, the owner, agent and manager of a mine in or on the mining tenement commits an offence against this Act; (c) within thirty days after the expiration of the period in respect of which a return is required by this subsection to be lodged the owner, agent and manager of a mine in or on the land the subject of the lease shall lodge with the warden, in respect of the six-monthly period ending on the thirtieth day of June and the six-monthly period ending on the thirty-first day of December in each year, a return of the particulars of all work carried out in, on and about every mine in or on the mining tenement and of such other matters as the warden may, from time to time, require; (d) when the owner of a mine in or on the land the subject of the lease- (a) has committed an offence against the provisions of subparagraph (a) of this subsection; or

86 Coal Mining Acts Amendment Act of 1964, No. 8 (b) has committed an offence against the provisions of subparagraph (c) of this subsection and has failed to pay the penalty and costs imposed in respect thereof within the time, if any, allowed in that behalf; then the Minister may impose upon the owner a fine not exceeding fifty pounds, and the lease shall be liable to be forfeited, and, in the case referred to in sub-paragraph (a) of this paragraph whether or not the owner has been convicted of that offence." 9. Amendments to s. 14 . Section fourteen of the Principal Act is amended by- (a) inserting after the words " Every coal-mining lease " in subsection (1) the words ", other than a special coal-mining lease,"; (b) adding the following subsection:- " (3) Every special coal-mining lease shall contain a covenant on the part of the lessee, his executors, administrators and assigns- (a) to work the land demised by not less than the number of men specified in the lease subject to such exemption as may, from time to time, be granted under this Act; (h) that for any breach of the aforesaid covenant, or of any other of the covenants on the part of the lessee contained in the lease, the Minister may either- (i) forfeit the lease; or (ii) impose upon the lessee a fine not exceeding one hundred pounds, and upon non-payment of such fine may forfeit the lease. Work done under a tribute agreement shall be deemed to be work done by or on behalf of the lessee and, to that extent, to be a compliance with the labour covenant referred to in subparagraph (a) of this subsection." 10. Amendment to s. 18 . Section eighteen of the Principal Act is amended by omitting the words " The shape " in the fourth paragraph of subsection (1) and inserting in their stead the words " Unless otherwise approved by the Minister (which the Minister is hereby thereunto empowered to do) the shape ". 11. Amendments to s. 21 . Section twenty-one of the Principal Act is amended by- (a) omitting the words " The surface " from condition numbered (I) and inserting in their stead the words " Unless otherwise approved by the Minister (which the Minister is hereby thereunto empowered to do) the surface "; (h) inserting before the word " enclosed " in the proviso to the first paragraph of condition numbered (1) the words " surveyed and ". 12. Enactment of s. 21A. The Principal Act is amended by inserting the following section:- " [21A.] Right to apply for surface area . The owner of a mining tenement who either- (a) has no right to occupy or use any portion of surface area in -connection with the working of such mining tenement; or

Coal Mining Acts Amendment Act of 1964, No. 8 87 (b) has a right to occupy or use a portion of surface area in connection with the working of such mining tenement, may at any time apply to the Minister who may, subject to this Act, grant to such owner the right to occupy or use a portion of surface or an additional portion of surface area, as the case may be, in connection with the working of such mining tenement." 13. Repeal of and new s. 31. The Principal Act is amended by repealing section thirty-one and inserting in its stead the following section:- [31.] Returns to be furnished when required . (1) The owner, agent and manager of a coal mine shall as and when required by the Minister forward to the Minister a return in the prescribed form showing the quantity of coal obtained from the mine during the period covered by such return and the value thereof and such other particulars as may be prescribed. An owner, agent or manager who fails to furnish a return required pursuant to this section, or who makes such a return which, to his knowledge, is false in a material particular commits an offence against this Act and is liable to a penalty not exceeding fifty pounds, and, in the case of a failure to furnish such a return, to a further penalty not exceeding five pounds for each day during which such failure continues. (2) The amount of royalty due to the Crown in respect of coal obtained from a coal mine shall in respect of the period covered by such a return be assessed and paid on the basis of the return forwarded to the Minister under subsection (1) of this section. If such royalty is not paid within twenty-eight days of the date the return is received by the Minister any officer appointed for that purpose by the Minister may seize and take possession, on behalf of the Crown, of any coal obtained from the mine in respect of the product of which the royalty should have been paid and the lease relating to that mine shall be liable to be forfeited." 14. Enactment of Part IIB . The Principal Act is amended by inserting the following Part:- " PART IIB-AUTHORITY TO PROSPECT FOR COAL 33F. Application for and grant of Authority to Prospect . (1) Any person may apply to the Minister for an authority to prospect for coal on any land. (2) The Minister may stipulate in relation to such an authority all or any of the following:- (a) the area to be within the terms of the authority; (b) the rental, terms and conditions of the authority; (c) the period during which the authority shall be in force. (3) The Minister may grant an authority to prospect for coal to any person so applying in respect of any land included in such application, notwithstanding any provision of this Act or of any Proclamation made thereunder. (4) If the holder of an authority to prospect for coal fails to comply with any term or condition of the authority the authority shall be liable to immediate cancellation by the Minister.

88 Coal Mining Acts Amendment Act of 1964, No. 8 (5) Subject to this Act and " The Mining on Private Land Acts, 1909 to 1956," and to the payment in advance of the rental stipulated therein and the survey fee, if any, the holder of such an authority may prospect for coal within the area shown therein during the period the authority is in force. (6) Within fourteen days from the discovery of an economic deposit ofcoal by him the holder of such an authority shall report such discovery to the nearest warden who shall forthwith report the same to the Minister. Upon receipt of such report the Minister may call upon the holder of the authority by notice in writing- (a) to apply for a lease of a mining tenement in respect of the land wherein or whereon the discovery was made, or of such part thereof as the Minister may deem proper; or (b) to continue his prospecting operations. If the holder of the authority fails to comply with the Minister's notice within fourteen days of the date thereof his authority shall be liable to immediate cancellation by the Minister. (7) When an authority to prospect for coal has been granted over any land in respect of which a Proclamation made pursuant to sections 7 (2), 33A (3) or 33E (2) of this Act subsists then, notwithstanding such Proclamation- (a) Upon application made by the holder of such authority in that behalf, the Minister may grant to such holder a coal-mining license in respect of such land or any part thereof; or (b) Upon the holder of such an authority establishing to the satisfaction of the Governor in Council that he has discovered an economic deposit of coal within the limits of such land and upon his making application in that behalf, whether pursuant to subsection (6) of this section or otherwise, the Governor in Council may grant to such holder a coal- mining lease in respect of such land or any part thereof." 15. Repeal of and new s. 49. The Principal Act is amended by repealing section forty-nine and inserting in its stead the following section :- " [49.] Application of this Part . This Part extends and applies to every coal mine situated within Queensland: Provided that where fire-clay is mined in a mine, whether in association with coal or not, the Governor in Council may, by Order in Council, direct that such mine shall be subject to " The Mines Regulation Act of 1964 " instead of this Act and thereupon such mine shall be subject to that Act or such part or parts thereof as may, from time to time, be made to apply thereto, and shall be exempt from this Act for so long as the Order in Council remains in force." 16. Amendments to s. 49A. Section 49A of the Principal Act is amended by in subsections (2), (3) and (4) omitting the words " as delineated by actual survey

Coal Mining Acts Amendment Act of 1964, No. 8 89 17. Amendments to s. 50 . Section fifty of the Principal Act is amended by- (a) inserting before the word " appoint " in the second paragraph of subsection (1) the words ", subject to this Act,"; (b) inserting after the word " warden " in the said paragraph the words "and to the inspector "; (c) omitting subsection (3) and inserting in its stead the following subsection:- (3) The owner or agent of a coal mine may, at any time, appoint a separate manager or any number of separate managers to be manager, or managers, of machinery, plant or works used for the treatment of earth or coal, generation of power or other purpose connected with the mine or any part thereof and, if notified by the Minister that in his opinion a separate manager, or a number of separate managers, should be so appointed such owner or agent shall appoint such separate manager or separate managers. The provisions of this section applicable to the appointment of a manager and any change in that appointment apply to every appointment referred to in this subsection and to every change in any such appointment." 18. Amendments to s. 51 . Section fifty-one of the Principal Act is amended by- (a) in subsection (2), omitting the word " ten " where that word firstly appears and inserting in its stead the word " fifty "; (b) in subsection (3),- (i) omitting the word " deputy " wherever that word appears and inserting in its stead the word " acting "; (ii) omitting from the first paragraph the words " and the owner, agent, or manager shall forthwith notify such appointment, and the reason therefor, to the warden and inspector "; (iii) inserting before the paragraph commencing with the words " The person so appointed " the following paragraph:- " The owner, agent or manager shall forthwith notify the warden and the inspector of the following particulars:- (a) the appointment so made; (b) the name and address of the person appointed; (c) the period of appointment; (d) the reason for the appointment; (e) the number of men ordinarily employed underground in the mine concerned or in the open-cut excavation, as the case may be; (f) the qualifications and mining experience of the appointee."; (iv) adding the following paragraphs:- " When the period of appointment as acting manager exceeds one week the inspector shall forward a copy of the aforesaid notification to the Chief Inspector who, if he is of opinion that in view of the particulars shown in such notification or for any other reason the appointment that has been made should not have been made, may recommend to the Minister that such appointment be cancelled.

90 Coal Mining Acts Amendment Act of 1964, No. 8 The Minister may- (a) by notice addressed to the owner, agent or manager of the mine concerned, cancel the appointment so made, whereupon the person appointed as acting manager shall cease to act in that capacity; and (b) require that another appointment be made in lieu thereof; and (c) stipulate the minimum qualification that the person to be appointed shall possess. If the Minister so stipulates the person appointed to be acting manager shall possess at the least the qualification so stipulated."; (c) in subsection (4),-- (i) inserting after the word " every " where that word appears in paragraphs (a), (h) and ( c) the word " underground "; (ii) omitting paragraph (d): (d) inserting after subsection ( 4) the following subsections:- " (4A) (a) At every open-cut coal mine at which more than twenty-five men are ordinarily employed in the open-cut excavation on. any shift there shall be appointed a manager who shall be the holder of a first- class mine manager ' s certificate of competency or a limited mine manager's certificate of competency granted by the Board of Examiners. (b) At every open - cut coal mine at which the number of men ordinarily employed in the open - cut excavation on any shift exceeds ten but does not exceed twenty - five there shall be appointed a manager who shall be at the least the holder of a second-class mine manager ' s certificate of competency or a limited mine manager ' s certificate of competency granted by the Board of Examiners. (c) At every open - cut coal mine at which the number of men ordinarily employed in the open-cut excavation on any shift does not exceed ten there shall be appointed a manager who shall be at the least the holder of an open - cut examiner's certificate granted by the Board of Examiners. (4s) Notwithstanding the provisions of subsections (4) and (4A) of this section the Minister may, if he considers the circumstances require it, direct in writing that' the manager of a particular coal mine or class of coal mine shall be at the least the holder of a certificate specified in such direction and in that event the person appointed as manager of that mine or of any mine in that class of mine shall be at the least the holder of the certificate so specified." 19. Amendments to s. 55. Section fifty- five of the Principal Act is amended- (a) by adding to subsection ( 1) the following paragraph:- "A deputy so appointed shall not be a contractor or other person engaged in getting minerals in the mine concerned , unless the approval in writing of the Chief Inspector has first been obtained to such an appointment.": (b) inserting after the word " district " in subsection ( 2) the words "and such other duties as may, from time to time, be approved in writing by the Chief Inspector ".

Coal Mining Acts Amendment Act of 1964, No. 8 91 20. Enactment of s. 55A. The Principal Act is amended by inserting after section fifty-five the following section:- " [55A.] Open- cut Examiners . (1) In every open-cut coal mine there shall be appointed by the manager in writing one or more competent persons (hereinafter called open-cut examiners) to make such inspections and carry out such other duties as to the state of the sides and the general safety of the open-cut excavation (including the supervision of the general duties of shot-firers and the checking and recording of the number of persons under the charge of such an examiner) as are required by this Act and the rules of the mine concerned. An open-cut examiner so appointed shall not be a contractor or other person engaged in getting minerals in the mine concerned, unless the written approval of the Chief Inspector has first been obtained to such an appointment. (2) Subject to the provisions of this subsection an open-cut examiner in a mine where the number of men under his charge exceeds ten shall devote his whole working time at the mine to such duties as are set out in subsection (1) of this section (in this Act referred to as his statutory duties). Nothing in this subsection shall prevent any open-cut examiner in any mine from being employed in the firing of shots and in such other duties as may, from time to time, be approved in writing by the inspector: Provided that any duties assigned to or undertaken by any open-cut examiner shall not be such as to prevent him from carrying out his statutory duties in a thorough manner. If in the opinion of an inspector the assignment to or undertaking of additional duties is preventing an open-cut examiner from carrying out his statutory duties in a thorough manner such inspector shall, by entry in the record book, order that the open-cut examiner shall be confined to his statutory duties or that the extent of the additional duties shall be limited as the inspector specifies in such order. Every open-cut examiner employed in a mine in relation to which an inspector has made such an order shall obey that order and the manager of that mine shall enforce the observance of that order. (3) No person shall be qualified to'be appointed to act as an open-cut examiner unless he- (a) holds an open-cut examiner's certificate at the least; and (b) has obtained from a legally qualified medical practitioner a certificate to the effect that his eyesight and hearing are such as to enable him to carry out his duties efficiently. Such certificate shall be kept at the office of the mine and shall on request in that behalf by an inspector be produced for his inspection. No open-cut examiner shall be employed as such unless his medical certificate has been renewed during each five years of his employment as open-cut examiner. (4) An open-cut examiner shall not be dismissed for reporting in the record book any dangerous condition in a mine. Any owner, agent or manager so doing shall be guilty of an offence against this Act."

92 Coal Mining Acts Amendment Act of 1964, No. 8 21. Amendments of s. 57 . Section fifty-seven of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection:-- " (1) (a) The Board of Examiners shall examine candidates for all or any of the following certificates and licenses and, consequent upon such examination, may grant all or any of the same- First-class mine manager's certificate of competency; Second-class mine manager's certificate of competency; Limited mine manager's certificate of competency; Deputy certificate; Open-cut examiner's certificate; Mine electrician certificate; Mine surveyor certificate; Winding license; Such other certificate, license or authorization as the Minister may, from time to time approve. (b) Subject to section one hundred and twelve of this Act, the Governor in Council may, from time to time, make rules relating to the granting, suspension and cancellation of and the imposition of conditions upon the aforesaid certificates, licenses and authorizations relating to coal mines and fees payable in respect thereof. (c) The rules set forth in the Second Schedule to this Act, as amended added to or modified from time to time under this Act, shall apply to the granting, suspension and cancellation of the aforesaid certificates, licenses and authorizations relating to coal mines: Provided that if the Governor in Council makes rules under this Act relating to the granting, suspension or cancellation of or the imposition of conditions upon the aforesaid certificates, licenses and authorizations relating to coal mines, other than in the exercise of his power conferred by section one hundred and eleven of this Act, which rules are expressed to apply in lieu of the rules set forth in the Second Schedule to this Act relating to those matters then on and from the date of the coming into force of those rules the rules set forth in the Second Schedule to this Act relating to those matters, as so amended added to or modified, shall cease to apply thereto."; (b) in subsection (2) inserting after the word " certificate " the words " of competency "; (c) omitting subsection (3) and inserting in its stead the following subsection:- " (3) A second-class mine manager's certificate of competency shall entitle the holder thereof to assist the manager in any coal mine; the holder thereof shall be designated therein in the case of an open-cut coal mine, as assistant manager or supervisor or, in the case of an underground coal mine, as underground foreman."; (d) inserting after subsection (3) the following subsection:- " (4) A limited mine manager's certificate of competency shall entitle the holder thereof to be manager of the type of coal mine specified therein.",

Coal Mining Acts Amendment Act of 1964, No. 8 93 (e) renumbering the existing subsection (4) as subsection (5) and omitting therefrom the word " deputy's " and inserting in its stead the word " deputy "; (f) inserting after subsection (5) as so renumbered by this Act the following subsection:- " (6) An open-cut examiner's certificate shall entitle the holder thereof to act as an open-cut examiner in any open-cut coal mine."; (g) re-numbering the existing subsection (5) as subsection (7); (h) re-numbering the existing subsection (6) as subsection (8). 22. Repeal of and new s. 57A. Section 57A of the Principal Act is repealed and the following section is inserted in its stead:- " [57A.] Mine electrician certificate. A mine electrician certificate shall entitle the holder thereof to have charge of the electrical machinery, apparatus and conductors used in, on or about the class of coal mine specified in such certificate or, if no class of coal mine is so specified then in, on or about any coal mine.". 23. Repeal of and new s . 57D. Section 57D of the Principal Act is repealed and the following section is inserted in its stead:- " [57D.] Mine surveyor certificate . A mine surveyor certificate shall entitle the holder thereof to make surveys and plans thereof in, on or about the class of coal mine specified therein or, if no class of coal mine is so specified then in, on or about any coal mine." 24. Amendments to s. 57E. Section 57E of the Principal Act is amended by- (a) omitting the word " surveyor's " and inserting in its stead the word " surveyor "; (b) adding to that section the following words:- " or to an authorized surveyor who satisfies the Board's requirements and otherwise complies with the provisions of this Act. 25. Amendments to s. 59 . Section fifty-nine of the Principal Act is amended by- (a) in subsection (1),-- (i) inserting after the word " workings " in the second paragraph the words " or open-cut workings " and adding to that paragraph the words " or open-cut workings: "; (ii) adding the following proviso: " Provided that nothing in this subsection contained shall be construed to prevent the appointment of an assistant manager at any time by the owner, agent or manager of any coal mine."; (b) in subsection (2), inserting before the paragraph commencing with the words " Written notice " the following paragraph:- " The person appointed to assist the manager in the supervision and control of an open-cut coal mine who may be designated assistant manager or supervisor, shall, if more than twenty-five men are ordinarily employed in the open-cut excavation on any shift, be the holder of a first-class mine manager's certificate of competency, a second-class mine manager's certificate of competency or a limited mine manager's certificate of competency."

94 Coal Mining Acts Amendment Act of 1964, No. 8 26. Amendments to s. 61 . Section sixty-one of the Principal Act is amended by omitting the word "or" in the fourth paragraph of that section and adding to that paragraph the words " or open-cut examiner ". 27. Amendments to s. 70. Section seventy of the Principal Act is amended by omitting the words " miners' inspectors " and the words " miners' inspector " where those words appear throughout the section and inserting in their stead the words " miners' officers " and " miners' officer " respectively. 28. Amendments to s. 70A. Section 70A of the Principal Act is amended by- (a) omitting the words " miners' check inspectors " and the words -miners' check inspector", where those words appear throughout the section and inserting in their stead the words " district union inspectors and " district union inspector " respectively; (b) omitting the word " deputy's " in the first paragraph of that section and inserting in its stead the word " deputy ". 29. Amendment to s. 71. Section seventy-one of the Principal Act is amended by omitting the words " miners' inspectors " and inserting in their stead the words " miners' officers ". 30. Amendments to s. 74. Section seventy-four of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the word "In" where that word first appears and inserting in its stead the words " Unless otherwise determined by the Minister, in "; (ii) omitting the words " experienced coal miners " and inserting in their stead the words " persons having practical knowledge and skill in the mining industry "; (iii) omitting the words " or interest in "; (iv) omitting the words " experienced miners " and inserting in their stead the words " persons having practical knowledge and skill in the mining industry "; (b) in subsection (2), omitting the words " miners' inspectors " and inserting in their stead the words " miners' officers "; (c) in subsection• (3), omitting the words " experienced miners " and inserting in their stead the words " persons having practical knowledge and skill in the mining industry "; (d) in subsection (4), omitting the words " miners' inspectors " where those words appear and inserting in their stead the words " miners' officers ". 31. Amendment to s. 75. Section seventy-five of the Principal Act is amended by adding the following paragraph:- "This section does not apply in respect of any action or other proceedings for the recovery of damages in respect of death or injury caused to a person by an accident which occurred in, on or about a coal mine." 32. Repeal of and new s. 80. Section eighty of the Principal Act is repealed and the following section is inserted in its stead:- " [ 80.] Winding engine to be in the charge of a licensed person. (1) Subject to the provisions of this section every winding engine, while it is being operated shall be in the charge of and under the personal supervision of a licensed person.

Coal Mining Acts Amendment Act of 1964, No. 8 95 (2) Any inspector may issue a winding permit subject to such conditions as he may deem fit, to a person who, in the opinion of the inspector, is a competent person and who holds a medical certificate referred to in section eighty-one of this Act and any inspector (whether the same or another inspector) may, from time to time, vary the conditions upon which the same has previously been issued or renewed. A winding permit shall be of force and effect only in relation to the mine specified therein. Any inspector may cancel a winding permit at any time by notification in writing to that effect given to the person to whom the permit was issued or renewed and may call upon such person to surrender the permit to the inspector. A person so called upon shall forthwith surrender such permit to the inspector. When an inspector has cancelled a winding permit the person to whom the same was issued or renewed shall forthwith cease to be the holder of such a permit whether or not he has surrendered the permit to the inspector. The holder of a winding permit may operate or be in charge of a winding engine of a size not exceeding thirty brake horsepower and of a type, and in accordance with the conditions, specified in the permit. (3) Winding engines operated underground not exceeding 1() brake horsepower . A competent person not being the holder of a winding license granted or a winding permit issued under this Act may operate or be in charge of a winding engine which is operated underground and which- (a) is powered by air or electricity or is operated by the force of gravity; (b) is of a size not exceeding ten brake horsepower; (c) has been installed in such manner as an inspector has approved; (d) is operated under such conditions as an inspector has approved; and (e) is not being used to raise or lower a man. (4) A trainee winding driver whose name, age and address have been previously notified in writing to the inspector, may operate, or be in charge of, a winding engine under the personal supervision of a licensed person. (5) A manager who permits any person to operate or to be in charge of a winding engine , and any person who operates or is in charge of a winding engine, commits an offence against this Act unless such person is either- (a) a licensed person; or (b) a competent person who is operating or is in charge of the winding engine in accordance in all respects with the provisions of subsection (3) of this section; or (c) a trainee winding driver operating of in charge of the winding engine in accordance in all respects with the provisions of subsection (4) of this section.

96 Coal Mining Acts Amendment Act of 1964, No. 8 (6) (i) The owner, authorized representative or manager of any mine may make application to the inspector for exemption from the provisions of this section in respect of the operation of any cage, skip or other conveyance in, on or about the mine which is, or is to be, operated by electrical power. (ii) Every such application shall be in writing and shall adequately describe the type of conveyance the subject of the application and shall set out the number and position of the control stations from which the operation of such conveyance is, or is to be, controlled and shall set out the arrangements that have been made for the proper supervision and efficient functioning of the electrical and other machinery and apparatus used in the operation and control of such conveyance. (iii) Upon receipt of such application the inspector shall, after inquiry and inspection, make his report and recommendation and forward the same for the Minister's consideration. (iv) If the Minister is satisfied that the cage, skip or other conveyance, the subject of the application, can be safely operated and controlled by a person other than a licensed person and that adequate arrangements have been made for the proper supervision and efficient functioning of the electrical and other machinery and apparatus used in the operations and control of such cage, skip or other conveyance, the Minister may exempt such cage, skip or other conveyance in respect whereof the application is made from being operated 'n compliance with this section. The Minister may, at any time, revoke an exemption granted by him under this paragraph. (7) In this section- (a) the term " mine " means a place where an operation for the purpose of obtaining coal has been or is being carried on, but does not include a place on the surface where such coal is being or has been treated or dealt with and, for the purposes of this section, the term " mine " in the definition " Winding engine " in section four of this Act shall be deemed to have the same meaning; (b) the term " licensed person " means a person who is the holder of a winding license granted by the Board of Examiners or a winding permit issued under this Act and, where such a license or permit is subject to any conditions or limitations, imposed by this Act or otherwise, means a person who, being such a holder, is operating or in charge of a winding engine in accordance in all respects with such conditions or limitations." 33. Repeal of and new s. 81. Section eighty-one of the Principal Act is repealed and the following section inserted in its stead:- " [81.] Medical certificate for licensed person in charge of winding engine . (1) Every licensed person who operates or is in charge of a winding engine in, on or about a mine shall hold a medical certificate which shall be renewed or endorsed at intervals not exceeding two years or at such lesser intervals as the owner, authorized representative or manager or inspector may require certifying that the holder is free from deafness, defective vision, epilepsy, disease of the heart and any other infirmity which might cause him to lose control of the engine.

Coal Mining Acts Amendment Act of 1964, No. 8 97 (2) A person who, in the opinion of two medical practitioners, legally qualified to practise in Queensland, is not in a fit state of health to operate or to have charge of a winding engine in, on or about a mine shall not operate or be in charge of such an engine. (3) A person, being subject to the provisions of this section, who operates or is in charge of a winding engine in, on or about a mine and who- (a) has not complied with this section; or (b) by so operating or being in charge, contravenes any provision of this section, and any person who employs such a person to operate or to be in charge of such winding engine commits an offence against this Act. (4) In this section the term " licensed person " means a person who is the holder of a winding license granted by the Board of Examiners or a winding permit issued under this Act." 34. Amendments to s. 83 . Section eighty-three of the Principal Act is amended by- (a) numbering the existing paragraph as subsection (1); (b) adding the following subsection:- " (2) In this section, and in section eighty-two of this Act, the term " mine " has the same meaning as assigned to that term in section eighty of this Act." 35. Amendments to s. 86 . Section eighty-six of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the word " surveyor's " and inserting in its stead the word " surveyor "; (ii) omitting the words " issued under the authority of this Act " and inserting in their stead the words " granted by the Board of Examiners "; (iii) omitting the word " underground " from the first paragraph; (iv) inserting in the first paragraph after the word " effected " the words ", in the case of an underground coal mine,"; (v) adding to the first paragraph the words " and, in the case of an open-cut coal mine, within the last preceding six months "; (vi) inserting in the second paragraph after the word " months " the words " in the case of an underground coal mine, and not more than six months in the case of an open-cut coal mine," ; (vii) omitting the word " underground " from the second paragraph; (viii) inserting in the third paragraph after the word " months " the words " in the case of an underground coal mine, and not more than six months in the case of an open-cut coal mine,"; (ix) in the first proviso,- (a) inserting after the word " months " the words " in the case of an underground coal mine and not more than six months in the case of an open-cut coal mine,"; (b) omitting the word " underground "; - 4

98 Coal Mining Acts Amendment Act of 1964, No. 8 (x) adding to the final proviso the words "in the case of an underground coal mine and twelve months in the case of an open-cut coal mine "; (b) in subsection (4)- (i) omitting the word " underground "; (ii) inserting after the word " surveyor " the words " or a surveyor approved by the Chief Inspector,". 36. Amendments to s. 87 . Section eighty-seven of the Principal Act is amended by- (a) inserting before the word " transmitted " the words " of the workings in or on any current mining tenement 99; (b) adding to the first paragraph the words ", other than the owner, agent or manager of a mine included in such tenement , while such tenement remains a current tenement,". 37. Amendment to s. 90. Section ninety of the Principal Act is amended by inserting before the words " coal mine " where those words first appear the word " underground ". 38. Amendment to s. 96 . Section ninety-six of the Principal Act is amended by adding to subsection (1) the following proviso:- " Provided that if the Governor in Council makes general rules under this Act having particular application to open-cut coal mines or any class thereof, other than in the exercise of his power conferred by subparagraph (b) of subsection (1) of section one hundred and eleven of this Act, which rules are expressed to apply in lieu of the general rules set forth in the Second Schedule to this Act, then on and from the date of the coming into force of those rules the general rules set forth in the Second Schedule to this Act as amended, added to or modified from time to time shall not apply to open-cut coal mines or, as the case may be, that class." 39. Amendments to s. 97 . Section ninety-seven of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection:- " (1) The special rules set forth in the Third Schedule to this Act as amended from time to time (such rules as so amended being hereinafter in this section called the " Statutory Special Rules ") shall be the special rules applicable to, and shall be observed in, on and about every coal mine: Provided that if the Governor in Council makes special rules under this Act having particular application to open-cut coal mines, or any class thereof, other than in the exercise of his power conferred by subsection (2) of this section, which rules are expressed to apply in lieu of the special rules set forth in the Third Schedule to this Act, then on and from the date of the coming into force of those special rules the Statutory Special Rules as so amended shall cease to apply to open-cut coal mines or, as the case may be, that class."; (b) omitting from subsection (6) the words " or any of them " and inserting in their stead the words " or the special rules applicable in lieu thereof ".

Coal Mining Acts Amendment Act of 1964, No. 8 99 40. Amendment to s. 100 . Section one hundred of the Principal Act is repealed and the following section is inserted in its stead: " [100.] Obstruction to compliance with this Part and rules null and void . A term of an agreement which purports to obstruct any person in complying with this Part of this Act or with the rules set forth in the Second Schedule or the Third Schedule to this Act or any rule or special rule made under this Act or which has the effect of so doing, or which purports to penalise any person, or has the effect of so doing, in consequence of his complying or intending to comply, with this Part of this Act or the rules set forth in the Second Schedule or the Third Schedule to this Act or any rule or special rule made under this Act is null and void." 41. Amendment to s. 101 . Section one hundred and one of the Principal Act is amended by inserting after the word " shaft " where that word secondly appears the words " or excavation ". 42. Amendments to s. 103. Section one hundred and three of the Principal Act is amended by- (a) inserting after the word " any " where that word first appears the word " underground "; (b) inserting after the words "two or more" the word " underground ". 43. Amendments to s. 104 . Section one hundred and four of the Principal Act is amended by- (a) adding the following paragraph to subsection (1):- " In this subsection the term " negligence " means that degree of negligence which would render the person who thereby has caused another to be injured or killed liable for damages in an action brought against him by or on behalf of that other or his estate, as the case may require."; (b) in subsection (2), inserting after the word " Act ", where that word secondly appears, the words " of failing to enforce the provisions of this Act,"; (c) in subsection (3), inserting after the word " offence " the words of failing to enforce th.; general or special rules, as the case may be,"; (d) adding the following subsections:- " (6) When by this Act two or more persons are expressed to be subject to a liability or duty or to commit an offence against this Act, either alternatively or conjunctively, then, unless the context otherwise indicates, such expression means that each of such persons is severally liable for the performance of that liability or duty or to be guilty of that offence and each may be charged with a failure to perform that liability or duty in accordance with this Act, or with that offence, and may be convicted in respect thereof except when the liability or duty has been performed by at least one of such persons. (7) When a body corporate has committed an offence against this Act the manager of that body corporate and every member of the governing body of that body corporate shall be deemed to have also committed that offence and may be convicted thereof.

100 Coal Mining Acts Amendment Act of 1964, No. 8 It is a defence for the manager or member of the governing body, as the case may be, of such body corporate that he did not know and had no reasonable means of knowing that the offence was being committed." 44. Amendments to s. 105 . Section one hundred and five of the Principal Act is amended by- (a) omitting from subparagraph (a) the word " fifty " and inserting in its stead the words " one hundred "; (b) omitting from subparagraph (b) the word " twenty " and inserting in its stead the word " fifty ". 45. Repeal of and new s . 111. Section one hundred and eleven of the Principal Act is repealed and the following section is inserted in its stead:- 11 [111.1 Power of the Governor in Council to make rules . (1) Subject to section one hundred and twelve of this Act, the Governor in Council may make rules not inconsistent with this Act- (a) with respect to all or any of the matters set forth in the First Part of the First Schedule to this Act; (b) rescinding, amending, adding to or otherwise modifying any_ of the rules or symbols set forth in- (i) the Second Schedule to this Act; or (ii) the Fourth Schedule to this Act. (2) Such rules may be made for the whole State or for any part or parts thereof and may be made to apply to all coal mines or any class or number of coal mines." 46. Repeal of and new s . 112. Section one hundred and twelve of the Principal Act is repealed and the following section is inserted in its stead:- 11 [112.] Publication of intention to make rules . If it appears to the Governor in Council to be necessary or expedient to make any rule under this Act the Minister shall cause to be published a notice of the intention of the Governor in Council to make such rule and the context of such rule. Every such notice shall be published- (a) in the Gazette; and (b) otherwise as the Minister shall direct, and shall be published as often as the Minister shall direct. A copy of the Gazette containing such notice shall be posted at every warden's office in Queensland. The date on which such notice last appears in the Gazette shall be the date of publication of such notice. If within one month after the date of publication of such notice sufficient cau=e is not shown to the Governor in Council why the rule should not be made the Governor in Council may make such rule. No rule shall be deemed invalid, or to be of no force and effect, by reason only of the fact that a copy of the Gazette containing a notice under this section was not posted at every warden's office in Queensland."

Coal Mining Acts Amendment Act of 1964, No. 8 101 47. Amendments to s. 113. Section one hundred and thirteen of the Principal Act is amended by- (a) inserting in subsection (1) after the words " to this Act " the words " or any of the symbols in the code of symbols contained in the Fourth Schedule to this Act,"; (b) omitting from subsection (2) the word " twenty " and inserting in its stead the words " one hundred ". 48. For a limited period deputy certificate to be included in a reference to open - cut examiner ' s certificate . Notwithstanding any provision of " The Coal Mining Acts, 1925 to 1964," for a period of twelve months from the date on which this Act comes into operation, a reference in " The Coal Mining Acts 1925 to 1964," other than in section fifty-seven of those Acts, to an open-cut examiner's certificate shall be deemed to include a reference to a deputy certificate. - 49. Saving as to yearly rent . The yearly rent payable immediately prior to the date on which this Act comes into operation in respect of a coal mining lease , or a renewal, granted prior to and in existence on such date, shall continue to be the yearly rent payable in respect thereof during the term of such lease or renewal current at such date.