Coal Mining Acts Amendment Act of 1967 (Qld)

580 Quunqlaubr ANNO SEXTO DECI^^ l IO ELIZABETHAE SECUNDAE REGINAE No. 57 of 1967 An Act to Amend "The Coal Mining Acts, 1925 to 1964," in certain particulars ASSENTED TO 22ND DECEMBER, 1967] 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 1967." (2) Principal Act. " The Coal Mining Acts, 1925 to 1964," are in this Act called the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The Coal Mining Acts, 1925 to 1967." 2. Amendments to s. 4. Section four of the Principal Act is amended by- (a) inserting after the definition "Agent" the following definition:- " "Approved "-Approved by the Chief Inspector;"; (b) in the definition "Coal mine -or Mine ", omitting the words " the production of coal " and inserting in their stead the words " mining purposes ".

Coal Mining Acts Amendment Act of 1967, No. 57 581 3. Amendments to s. 8 . Section eight of the Principal Act is amended by- (a) in subsection (1), omitting from the second paragraph the words " one penny " and inserting in their stead the words " two cents "; (b) in subsection (5), omitting the words " one penny " and inserting in their stead the words " two cents ". 4. Amendment to s. 12 . Section twelve of the Principal Act is amended by, in subsection (6), omitting paragraph (d) and inserting in its stead the following paragraph:- (d) when the owner of a mine in or on land the subject of the lease has committed an offence against the provisions of paragraph (a) of this subsection (whether or not he has been prosecuted therefor) or an offence against the provisions of paragraph (c) of this subsection and has failed to pay, within the time (if any) allowed him in that behalf, any penalty or costs imposed upon or awarded against him upon his conviction thereof then- (i) in the former case, where the owner is also the lessee tinder a special coal-mining lease which contains the condition prescribed by paragraph (c) of subsection (3) of section fourteen of this Act, the Minister may enforce that condition; (ii) in the former case, where the provisions of subparagraph (i) of this paragraph (d) are inapplicable, or in the latter case, in all circumstances, the Minister may require the owner to pay a penalty not exceeding one hundred dollars and should such penalty not be paid within the time allowed by the Minister, may forfeit the lease." 5. Amendments to s. 13 . (1) Section thirteen of the Principal Act is amended by, in subsection (1)- (a) adding to the words in brackets the words " and special coal-mining leases "; (b) omitting the words and symbols ", whether granted before, on, or after the first day of January, one thousand nine hundred and forty- eight," and inserting in their stead the words " granted or renewed on or after the date of the passing of " The Coal Mining Acts Amendment Act 1967 " "; (c) omitting all words and symbols from and including the words " at the following rates " to the end of the subsection and inserting in their stead the words " at the rate of five cents per ton "; (d) adding the following paragraphs: " The Governor in Council shall, by notification published in the Gazette, prescribe in respect of each special coal-mining lease to be granted or renewed the rate at which royalty shall be paid on coal won from the land to be comprised in such lease and there shall be reserved in the special coal-mining lease in question a royalty on coal won from such land at the rate so prescribed. In no case shall the rate of royalty so prescribed be less than five cents per ton." (2) (a) Subsection (1) of section thirteen of the Principal Act shall continue to apply in respect of a coal-mining lease to which it applies immediately before the date of the passing of this Act until the term of that lease current at the date of the passing of this Act expires as if this Act had not been passed.

582 Coal Mining Acts Amendment Act of 1967, No. 57 (b) Until the term current at the date of the passing of this Act of a special coal-mining lease granted or renewed after the first day of December one thousand nine hundred and sixty-five expires it shall be deemed that there is reserved in such a lease a royalty on coal won from the land comprised in such lease at the rate of five cents per ton in lieu of the reservation of royalty therein expressed. 6. Amendment to s. 14. Section fourteen of the Principal Act is amended by omitting subsection (3) and inserting in its stead the following subsection:- " (3) Every special coal-mining lease shall contain a covenant and condition on the part of the lessee, his executors, administrators and assigns as follows:- (a) Either- (i) a covenant to employ at all times such number of men as is specified in the lease in question in the use referred to in provision (iii) of subsection (1) of section twelve of this Act, subject to such exemption as may, from time to time, be granted under this Act; or (ii) where the lease in question is one of two or more special coal-mining leases, granted or to be granted to the same lessee, of lands situated in the same locality of the State, a covenant to employ at all times such number of men as is specified in the lease in question in such locality subject to such exemption as may, from time to time, be granted under this Act, whichever the Minister considers to be proper in the circumstances: (b) Either- (i) a covenant to carry out in or on the mining tenement, within the time specified in the lease, such work as (having been determined by the Governor in Council to be proper) is prescribed in the lease; or (ii) where the lease in question is one of two or more special coal-mining leases, granted or to be granted to the same lessee, of lands situated in the same locality of the State, a covenant to carry out in such locality, within the time specified in the lease such work as (having been determined by the Governor in Council to be proper) is prescribed in the lease, whichever the Minister considers to be proper in the circumstances; (c) a condition that for any breach of a covenant on the part of the lessee contained in the lease the Minister may, subject to any extension (granted pursuant to this Act) of time within which the covenant may be performed- (i) forfeit the lease; or (ii) require the lessee to pay a penalty not exceeding two hundred dollars and, should such penalty not be paid within the time allowed by the Minister, 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 he a compliance with whichever of the covenants prescribed by paragraph (a) or (b) of this subsection is contained in the lease in question."

Coal Mining Acts Amendment Act of 1967, No. 57 583 7. New s. 31B. The Principal Act is amended by inserting after section 31A the following section:- " [31B.] Notification of drilling. (1) When for mining purposes it is proposed to drill a borehole to a depth exceeding forty feet, the owner, agent and manager of the mine shall give notification of the commencement of such drilling to the Chief Inspector within one week after the commencement of such work or within such longer period as may be approved and, with such notification, shall furnish to the Chief Inspector full particulars of the location, direction and proposed depth of the borehole and shall further furnish, at the same or some later time as the Chief Inspector may direct, such further information concerning the borehole as the Chief Inspector may require. The extension of an existing borehole shall be taken to be a drilling of a borehole. (2) The owner, agent and manager of the mine shall mark any core obtained in the course of drilling the borehole (other than, material therefrom reasonably required for the purpose of assay or other testing) or, if there be no such core, samples of all material obtained in the course of drilling the borehole (other than material obtained in surface ground or alluvial ground or reasonably required as aforesaid) in a manner directed by the Chief Inspector or, in the absence of such a direction, in such manner as to clearly identify such core or, as the case may be, samples. The core or samples so marked shall be kept in a place and manner directed by the Chief Inspector or, in the absence of such a direction, in a place and manner so as to preserve them for at least one year after the completion of the borehole and no part thereof shall be disposed of by any person unless notification of such proposed disposal is given to the Chief Inspector in writing at least three months prior to the disposal of the same. The core or samples kept pursuant to this section shall, at all times subsequent to the period of three months after the completion of the borehole and until the disposal thereof, be available to a Government geologist, an inspector, or other officer of the Queensland Department of Mines authorized in that behalf in writing by the Minister for the purpose of his examination or inspection and the taking of samples therefrom for the purpose of assay or other testing. (3) In the discharge of his duties under this section a Government geologist and other officer authorized in writing by the Minister shall have all the powers of entry upon or into a mine conferred on an inspector by this Act. (4) Except for the purpose of the proper discharge of his duties or with the prior approval in writing of the Minister a person shall not disclose any information or knowledge which he has acquired directly or indirectly in the discharge of his duties and the exercise of his powers under this section with respect to a core or sample kept pursuant to this section. (5) The Chief Inspector may, in writing, declare any mine specified therein to be exempt from the provisions (other than the provisions of subsection (1)) of this section and, for so long as such exemption continues in force, the owner, agent and manager of the mine and all other persons who otherwise would be subject to liability thereunder shall not be required to comply with the provisions from which the mine in question is exempted."

584 Coal Mining Acts Amendment Act of 1967, No. 57 8. Amendments to s. 61 . Section sixty-one of the Principal Act is amended by- (a) omitting the words " a competent person or persons, appointed for the purpose " and inserting in their stead the words " an open-cut examiner or a competent person or persons appointed for the purpose "; (b) omitting the words " the person or persons appointed as aforesaid " and inserting in their stead the words " such deputy, open-cut examiner or appointed person or persons ". 9. Repeal of and new s. 65. The Principal Act is amended by repealing section sixty-five and inserting in its stead the following section:- " [65.] Record book . (1) Every manager shall cause to be kept at the mine of which he is manager, in such place as is approved, and to be maintained in good condition a book (of such type and in such form as is approved) to be called the record book. Such Place shall be so situated that all persons employed in, on or about the mine may have ready access thereto for the purpose of examining entries made in the record book. (2) Every inspector shall, as soon as practicable after his inspection of a mine, enter in the record book at that mine the following particulars:- (a) the part or parts of the mine inspected by him; (b) the nature of his inspection; (c) every particular which he observed wherein the state and condition of the mine or part or its machinery is not in accordance with this Act; (d) the alterations and requirements which he considers necessary to bring the mine or part and its machinery into a state and condition whereby it will accord with this Act. (3) Every entry made in a record book under this Act shall be made by such means that it is of a permanent nature and will not readily become obscure or obliterated and shall be signed by the person making it. (4) An entry made in a record book or the absence of an entry from a record book shall not in any way be deemed to limit or affect the duties or obligations of any person under this Act. (5) A person other than an inspector or other person authorized by this Act to make an entry in a record book shall not- (a) make or attempt to make an entry in a record book; or (b) alter or erase an entry made in a record book under this Act or attempt so to do, unless with the written authority of an inspector first had and obtained. (6) A person who has the custody or control of a record book kept in respect of a mine shall at all reasonable times make it available for examination by an inspector or other person authorized by this Act to make an entry therein or by any person employed in a mining operation in, on or about the mine or by a district union inspector, a miners' officer or by a person authorized in writing in that behalf by the Minister." 10. Amendment to s. 70A. Section 70A of the Principal Act is amended by, in the paragraph commencing with the words "All the provisions ", omitting the words " miners' inspectors " and inserting in their stead the words " miners' officers ".

Coal Mining Acts Amendment Act of 1967 , No. 57 585 11. Amendment to s. 71. Section seventy-one of the Principal Act is amended by, in subsection (5), inserting after paragraph (f) the following paragraph:- (g) Any substantial fault or breakdown in or disruption to electrical circuits, switchgear or equipment in, on or about a mine;". 12. Amendment to s. 83 . Section eighty-three of the Principal Act is amended by inserting before the word " machinery " where that word twice occurs the word " winding ". 13. Repeal of ss. 84 and 85 . The Principal Act is amended by repealing sections eighty-four and eighty-five. 14. Amendment to s. 86 . Section eighty-six of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection :- " (1) The owner, agent and manager of a mine shall cause to be kept at the office at the mine- (a) accurate plans of the workings of the mine compiled from a survey thereof made by or under the immediate personal supervision of the holder of a mine surveyor certificate granted by the Board of Examiners; (b) accurate plans of the surface of the land under which the workings of the mine are situated compiled from a survey, thereof. Subject to this subsection, the owner, agent and manager of a mine shall cause to be made at intervals no greater than three months, in the case of an underground mine, or six months, in the case of an open-cut mine or , in the case of either type of mine, no greater than such extended period as is allowed in respect of the mine under this subsection- (a) in respect of the workings of the mine, a survey by or under the immediate personal supervision of the holder of a certificate referred to in subparagraph (a) of the first paragraph of this subsection and the delineation upon the plans kept pursuant to that subparagraph of all workings and extensions effected since the last preceding survey of the workings was made by or under the immediate personal supervision of such a holder; (b) in respect of land under which the workings of the mine are situated, the delineation upon the plans kept pursuant to subparagraph (b) of the first paragraph of this subsection of the surface of all land under which the workings of the mine have been extended since the last preceding delineation upon such plans of the surface of the land under which the workings of the mine are situated. Upon the application in writing of the owner, agent or manager of a mine the Minister may from time to time extend for a period not exceeding three months the interval within which workings and extensions effected since the last preceding survey of the workings of the mine are to be surveyed and delineated upon the plans kept pursuant to subparagraph (a) of the first paragraph of this subsection if he is satisfied that there are no active workings of the mine within four chains from- (a) any part of the boundary of the mining tenement; or (b) any road or reserve; or

586 Coal Mining Acts Amendment Act of 1967, No. 57 (c) any disused workings of the same or any other mine, but in no case shall the Minister so exercise the power conferred on him by this paragraph that the interval between one survey of the workings of the mine and the next such survey exceeds six months, in the case of an underground mine, or twelve months in the case of an open-cut mine. Notwithstanding any extension granted by the Minister pursuant to the last preceding paragraph an inspector may at any time during such extension order the owner, agent and manager of the mine concerned or any one or more of them to cause to be made within the period (if any) specified in the order a survey in accordance with this subsection of the workings of the mine and the delineation upon the plans (kept pursuant to subparagraph (a) of the first paragraph of this subsection) of the workings and extensions effected since the last preceding such survey was made and all persons to whom the order is directed shall comply with the order according to its tenor. Surveys of the workings of a mine and plans referred to in subparagraph (a) or (b) of the first paragraph of this subsection shall be made or, as the case may be, compiled in accordance with any rules made under this Act in respect thereof."; (b) in subsection (6), omitting the words " miners' inspectors " and inserting in their stead the words " miners' officers ".