Coal Mining Legislation Amendment Regulation (No. 1) 1996 (Qld)

Queensland Subordinate Legislation 1996 No. 418 Coal Mining Act 1925 COAL MINING LEGISLATION AMENDMENT REGULATION (No. 1) 1996 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2—AMENDMENT OF GENERAL RULES FOR UNDERGROUND COAL MINES 2 Rule amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Replacement of ss 1.1 and 1.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.2 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 1.3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Insertion of new ss 3.1A–3.1F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.1A Surface requirements—general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.1B Seals and airlocks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.1C Manager to give notice of sealing . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3.1D Changing way mine is sealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3.1E Emergency sealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3.1F A person must not enter or remain in mine after a sealing . . . . . . . 8 6 Amendment of s 3.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 7 Insertion of new s 8.4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8.4A Gas monitoring system procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Amendment of s 54.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2 Coal Mining Legislation Amendment (No. 1) No. 418, 1996 9 Amendment of s 59.7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Amendment of s 60.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Insertion of new pt 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 61—PRINCIPAL HAZARDS SAFETY MANAGEMENT PLAN 61.1 Definitions for pt 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 61.2 Mines must have a safety management plan . . . . . . . . . . . . . . . . . . 11 61.3 Contravention of safety management plan . . . . . . . . . . . . . . . . . . . . 11 61.4 Safety management plan reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 61.5 Safety management plan must be given to certain employers . . . . 12 61.6 Employees may request copy of safety management plan . . . . . . . . 12 PART 3—AMENDMENT OF SPECIAL RULES FOR UNDERGROUND COAL MINES 12 Rule amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 13 Replacement of ss 1.1 and 1.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 1.1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 14 Amendment of s 1.3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 15 Insertion of new s 1.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 1.3 Definitions under the general rule apply . . . . . . . . . . . . . . . . . . . . . . 14 16 Amendment of s 3.7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 17 Replacement of s 4.9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4.9 Duties of under manager—ventilation . . . . . . . . . . . . . . . . . . . . . . . . 14 18 Replacement of s 4.10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4.10 Duty to provide ventilation control devices and fences . . . . . . . . . . 15 19 Omission of s 4.21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 20 Replacement of s 4.22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4.22 Under manager must ensure ventilation . . . . . . . . . . . . . . . . . . . . . . . 15 21 Omission of s 4.23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 22 Insertion of new pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 PART 4A—VENTILATION OFFICERS 4A.1 Appointment of ventilation officers . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4A.2 Ventilation officer may hold other appointments . . . . . . . . . . . . . . . 16 4A.3 Ventilation officer’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 4A.4 Ventilation officer accountable to manager . . . . . . . . . . . . . . . . . . . 17

3 Coal Mining Legislation Amendment (No. 1) No. 418, 1996 4A.5 Ventilation officer’s reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 4A.6 Designated ventilation control devices . . . . . . . . . . . . . . . . . . . . . . . 18

s1 4 s4 Coal Mining Legislation Amendment (No. 1) No. 418, 1996 PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Coal Mining Legislation Amendment Regulation (No. 1) 1996 . PART 2—AMENDMENT OF GENERAL RULES FOR UNDERGROUND COAL MINES ˙ Rule amended in pt 2 2. This part amends the General Rules for Underground Coal Mines. ˙ Replacement of ss 1.1 and 1.2 3. Sections 1.1 and 1.2— omit, insert— ˙ ‘ Short title ‘ 1.1 This rule may be cited as the Coal Mining (Underground Coal Mines) General Rule 1983 . ˙ ‘ Application ‘ 1.2 This rule applies to an underground coal mine.’. ˙ Amendment of s 1.3 (Interpretation) 4.(1) Section 1.3, words before definition “approved”— omit, insert— ‘ Definitions ‘ 1.3 In this rule—’.

s5 5 s5 Coal Mining Legislation Amendment (No. 1) No. 418, 1996 (2) Section 1.3— insert— ‘ “hazard” means a source of potential harm or a situation with potential to cause loss of life. “principal hazard” means a hazard with potential to result in multiple fatalities. “ventilation officer” , for a mine, means the mine’s ventilation officer appointed under the Coal Mining (Underground Coal Mines) Special Rule 1983 , section 4A.1(1). 1 ’. ˙ Insertion of new ss 3.1A–3.1F 5. After section 3.1— insert— ˙ ‘ Surface requirements—general ‘ 3.1A(1) This section applies to a mine 1 year after the commencement. ‘ (2) The manager of a mine must provide and maintain on the mine’s surface— (a) means for the mine to be rapidly sealed; and (b) an airlock to allow ready access to re-enter the mine if it is sealed. Maximum penalty—2 penalty units. ˙ ‘ Seals and airlocks ‘ 3.1B The manager of a mine must, except in an emergency, ensure the design, construction, installation and maintenance of a seal or airlock in the mine and the way the mine is sealed comply with the approved standards and good mining practice. 2 1 Coal Mining (Underground Coal Mines) Special Rule 1983 , section 4A.1 (Appointment of ventilation officers) 2 A copy of each approved standard is available from the department at the department’s office at 5th floor, QMEC Building, 61 Mary Street, Brisbane.

s5 6 s5 Coal Mining Legislation Amendment (No. 1) No. 418, 1996 Maximum penalty—2 penalty units. Examples of an emergency— • fire • rapid heating. ˙ ‘ Manager to give notice of sealing ‘ 3.1C(1) This section applies if a manager of a mine intends to seal the mine or part of the mine, except in an emergency. ‘ (2) The manager of the mine must give written notice to an inspector about the following details of the proposed sealing at least 30 days before the sealing starts— (a) the location of the seal in the mine; (b) the area of the mine to be sealed; (c) the predicted likelihood of explosion in the sealed area; (d) who is to supervise the sealing; (e) the number of people involved in the sealing operation; (f) the gas monitoring procedures to be carried out while the mine is being sealed. Maximum penalty—2 penalty units. ‘ (3) Despite subsection (2), the inspector may by written notice to the manager, allow the manager to give the notice within a stated period of less than 30 days. ‘ (4) The manager must not seal a mine or part of a mine unless an inspector has given the manager a written acknowledgment that the inspector— (a) has received a notice under subsection (3) for the sealing; and (b) is satisfied the proposed sealing is to be carried out as required by section 3.1B. Maximum penalty—2 penalty units.

s5 7 s5 Coal Mining Legislation Amendment (No. 1) No. 418, 1996 ˙ ‘ Changing way mine is sealed ‘ 3.1D(1) This section applies, except in an emergency, if— (a) an inspector has given the manager of a mine an acknowledgment under section 3.1C(4); and (b) the manager has started to seal the mine or part of the mine. ‘ (2) The manager must not change the way the mine or part of the mine is being sealed from the way acknowledged by the inspector unless— (a) the way the mine or part of the mine is being sealed has to be changed urgently; and (b) the manager has— (i) taken all reasonable steps in the circumstances to notify the inspector without delay; or (ii) if the inspector is unable to be notified—notified the inspectorate through the department’s mine emergency system. Maximum penalty—2 penalty units. ˙ ‘ Emergency sealing ‘ 3.1E(1) This section applies if a manager of a mine intends to seal a mine or part of a mine because of an emergency. ‘ (2) The manager must ensure the design, construction, installation and maintenance of a seal in the mine and the way the mine is sealed comply with good mining practice. Maximum penalty—2 penalty units. ‘ (3) The manager must— (a) immediately notify an inspector of the manager’s intention to seal the mine or part of the mine; and (b) give the inspector written notice of the details mentioned in section 3.1C(2) for the sealing as soon as practicable. Maximum penalty—2 penalty units. ‘ (4) The manager is taken to have immediately notified the inspector

s6 8 s8 Coal Mining Legislation Amendment (No. 1) No. 418, 1996 under subsection (3) if the manager has— (a) taken all reasonable steps in the circumstances to notify the inspector without delay; or (b) if the inspector is unable to be notified—notified the inspectorate through the department’s mine emergency system. ˙ ‘ A person must not enter or remain in mine after a sealing ‘ 3.1F A person must not, without the inspector’s written consent, enter or remain in a mine after the mine or a part of the mine has been sealed. Maximum penalty—2 penalty units.’. ˙ Amendment of s 3.5 6. Section 3.5(6)— omit. ˙ Insertion of new s 8.4A 7. After section 8.4— insert— ˙ ‘ Gas monitoring system procedures ‘ 8.4A A ventilation officer must— (a) develop procedures under an approved standard for the use of the mine’s gas monitoring systems; 3 and (b) ensure the procedures are performed. Maximum penalty—2 penalty units.’. ˙ Amendment of s 54.1 8.(1) Section 54.1(1)— 3 A copy of each approved standard is available from the department at the department’s office at 5th floor, QMEC Building, 61 Mary Street, Brisbane.

s9 9 s9 Coal Mining Legislation Amendment (No. 1) No. 418, 1996 insert— ‘(c) a surface area plan showing— (i) mine entrances, ventilation fans, access roads, surface installations, administration buildings and other infrastructure; and (ii) boreholes that may facilitate monitoring of the underground atmosphere.’. (2) Section 54.1— insert— ‘ (1A) A surface area plan must be revised when there are substantial changes to a surface structure or layout, that in the manager’s opinion would affect the mine’s emergency procedures. ‘ (1B) A copy of the surface area plan must be given to each of the following persons when the plan is made or revised— (a) the inspector; (b) the person in charge of the rescue station for the mine’s locality; (c) the police officer in charge of the police station for the mine’s locality.’. ˙ Amendment of s 59.7 9.(1) Section 59.7, table, column B, ‘(viii) the mine environment and potential hazards’— omit, insert— ‘th(veiimi)ine environment (ix) knowledge of potential hazards (including spontaneous combustion, gases and dust) and of other hazards identified in the mine safety management plan (x) individual accountability in the control of hazards’. (2) Section 59.7, table, column B, ‘(vi) the mine environment and potential hazards’— omit, insert—

s 10 10 s 11 Coal Mining Legislation Amendment (No. 1) No. 418, 1996 ‘(vi) mine communication procedure (vii) the mine environment (viii)knowledge of potential hazards (including spontaneous combustion, gases and dust) and of other hazards identified in the mine safety management plan (ix) individual accountability in the control of hazards’. ˙ Amendment of s 60.4 10. Section 60.4— insert— ‘(h) how spontaneous combustion is to be controlled.’. ˙ Insertion of new pt 61 11. After part 60— insert— ‘ PART 61—PRINCIPAL HAZARDS SAFETY MANAGEMENT PLAN ˙ ‘ Definitions for pt 61 ‘ 61.1 In this part— “control” means a control to manage an assessed principal hazard in a mine’s safety management plan. “safety management plan” , for a mine, means a written plan for the mine under an approved standard that includes— (a) an assessment of the principal hazards to which persons at the mine are likely to be exposed; and (b) implementing and maintaining adequate controls, including controls for the following— (i) the mine’s design;

s 11 11 s 11 Coal Mining Legislation Amendment (No. 1) No. 418, 1996 (ii) training; (iii) the use and maintenance of the mine’s equipment. ˙ ‘ Mines must have a safety management plan ‘ 61.2(1) This section applies to a mine 6 months after the commencement. ‘ (2) The manager must ensure the mine has a safety management plan. 4 Maximum penalty—2 penalty units. ˙ ‘ Contravention of safety management plan ‘ 61.3(1) A person must not contravene a safety management plan. 5 Maximum penalty—2 penalty units. ‘ (2) Despite subsection (1), a manager is taken to have complied with— (a) a control for training if the training of all persons whose work might affect a principal hazard is completed within 6 months after the control became part of the plan; and (b) a plan if new or modified controls are being implemented under section 61.4(3). ˙ ‘ Safety management plan reviews ‘61.4(1) An inspector may give the manager of a mine a written direction to review the mine’s safety management plan— (a) to address a principal hazard for which the plan has not been developed; or (b) if a principal hazard has not been adequately controlled. 4 Under section 61 of the Act (Withdrawal of workers in case of danger), workers must withdraw from a mine or part of a mine if the person in charge of the mine or an inspector finds that it is dangerous. 5 A copy of each safety management plan is available from the department at the department’s office at 5th floor, QMEC Building, 61 Mary Street, Brisbane.

s 11 12 s 11 Coal Mining Legislation Amendment (No. 1) No. 418, 1996 ‘ (2) The manager must review the mine’s safety management plan if— (a) an inspector directs the manager to review the plan under subsection (1); or (b) the mine undergoes a substantial change. Examples of a major change— • A change from bord and pillar mining to long wall mining. • A significant increase in gas make. Maximum penalty—2 penalty units. ‘ (3) If, because of a review of a plan, a new or amended control is identified, the manager must as soon as practicable— (a) amend the plan to include the control; and (b) implement the control. Maximum penalty—2 penalty units. ˙ ‘ Safety management plan must be given to certain employers ‘ 61.5 The manager must give a copy of the mine’s safety management plan to an employer of persons at the mine whose work is affected by the plan’s requirements. Maximum penalty—2 penalty units. ˙ ‘ Employees may request copy of safety management plan ‘ 61.6 The manager must give a copy of the mine’s safety management plan to an employee who works at the mine if the employee asks for a copy. Maximum penalty—2 penalty units.’.

s 12 13 s 14 Coal Mining Legislation Amendment (No. 1) No. 418, 1996 PART 3—AMENDMENT OF SPECIAL RULES FOR UNDERGROUND COAL MINES ˙ Rule amended in pt 3 12. This part amends the Special Rules for Underground Coal Mines. ˙ Replacement of ss 1.1 and 1.2 13. Sections 1.1 to 1.2— omit, insert— ˙ ‘ Short title ‘ 1.1 This rule may be cited as the Coal Mining (Underground Coal Mines) Special Rule 1983 .’. ˙ Amendment of s 1.3 (Interpretation) 14.(1) Section 1.3, words before subsection (3)— omit, insert— ‘ Definitions ‘ 1.2(1) In this rule— “official” means a person who, in the course of their employment at a mine, gives directions to someone else. “ventilation control device” means a door, regulator, seal, stopping, overcast or other device to control or direct ventilation flows in a mine. “ventilation officer” , for a mine, means the mine’s ventilation officer appointed under section 4A.1(1). 6 “ventilation system change” means a change in the ventilation system of the whole or part of a mine that is not made in the normal course of working the mine.’. 6 Section 4A.1 (Appointment of ventilation officers)

s 15 14 s 17 Coal Mining Legislation Amendment (No. 1) No. 418, 1996 (2) Section 1.3(3)— renumber as section 1.2(2). ˙ Insertion of new s 1.3 15. After section 1.2— insert— ˙ ‘ Definitions under the general rule apply ‘ 1.3 If a term defined in the Coal Mining (Underground Coal Mines) General Rule 1983 ( “the general rule” ) is used in this rule, it has the meaning given by the general rule.’. ˙ Amendment of s 3.7 16. Section 3.7(4)(b)— omit, insert— ‘(b) emergency procedures to an approved standard are exercised at the mine— (i) on a systematic basis; and (ii) at least once a year. 7 ’. ˙ Replacement of s 4.9 17. Section 4.9— omit, insert— ˙ ‘ Duties of under manager—ventilation ‘ 4.9(1) The under manager of a mine must review the mine’s state of ventilation at least once a day. Maximum penalty—2 penalty units. ‘ (2) If there is a ventilation deficiency the under manager must— 7 A copy of each approved standard is available from the department at the department’s office at 5th floor, QMEC Building, 61 Mary Street, Brisbane.

s 18 15 s 20 Coal Mining Legislation Amendment (No. 1) No. 418, 1996 (a) investigate and decide the cause of the deficiency; and (b) take appropriate steps to remedy the deficiency as directed by the mine’s ventilation officer. Maximum penalty—2 penalty units.’. ˙ Replacement of s 4.10 18. Section 4.10— omit, insert— ˙ ‘ Duty to provide ventilation control devices and fences ‘ 4.10 An under manager of a mine must ensure ventilation control devices and fences are, as directed by the mine’s ventilation officer— (a) provided where necessary; and (b) kept in good condition. Maximum penalty—2 penalty units.’. ˙ Omission of s 4.21 19. Section 4.21— omit. ˙ Replacement of s 4.22 20. Section 4.22— omit, insert— ˙ ‘ Under manager must ensure ventilation ‘ 4.22 An under manager of a mine must ensure the mine’s ventilation is appropriately conducted and distributed, as directed by the mine’s ventilation officer. Maximum penalty—2 penalty units.’.

s 21 16 s 22 Coal Mining Legislation Amendment (No. 1) No. 418, 1996 ˙ Omission of s 4.23 21. Section 4.23— omit. ˙ Insertion of new pt 4A 22. After part 4— insert— ‘ PART 4A—VENTILATION OFFICERS ˙ ‘ Appointment of ventilation officers ‘ 4A.1(1) A mine manager must appoint a ventilation officer for a mine. ‘ (2) A person may be appointed and act as a ventilation officer only if the person holds an approved competency as a ventilation officer. ‘ (3) The manager is taken to be a mine’s ventilation officer if— (a) the manager has not appointed anyone as the mine’s ventilation officer; or (b) the ventilation officer is not at the mine and is unable to be contacted. ˙ ‘ Ventilation officer may hold other appointments ‘ 4A.2(1) A mine’s ventilation officer may hold an appointment as another official at the mine. ‘ (2) A person may be appointed as the ventilation officer at more than 1 mine if the chief inspector approves. ‘ (3) Despite subsections (1) and (2), functions given to or carried out by the officer in another appointment must not prevent the officer from carrying out the ventilation officer’s functions for the mine under this rule.

s 22 17 s 22 Coal Mining Legislation Amendment (No. 1) No. 418, 1996 ˙ ‘ Ventilation officer’s functions ‘ 4A.3 The functions of a mine’s ventilation officer are as follows— (a) to ensure adequate ventilation of the mine; (b) to ensure the quality of the mine’s air is measured and recorded as required by the Coal Mining (Underground Coal Mines) General Rule 1983 , part 2; 8 (c) to take charge of any ventilation system change in the mine by giving directions or by being present when a change is happening; (d) to ensure all ventilation control devices at the mine are properly constructed and maintained, as directed by the manager. ˙ ‘ Ventilation officer accountable to manager ‘ 4A.4 A ventilation officer is— (a) accountable only to the manager; and (b) subject to directions only from the manager. ˙ ‘ Ventilation officer’s reports ‘ 4A.5(1) A mine’s ventilation officer must prepare— (a) a mine ventilation report about the mine’s ventilation system every month; and (b) if the mine’s ventilation system is changed—a report with details of the system before and after the change, as soon as practicable after the change. Maximum penalty—2 penalty units. ‘ (2) A report must be— (a) attached to, or entered in, the mine record book by the ventilation officer; and 8 Coal Mining (Underground Coal Mines) General Rule 1983 , part 2 (General requirements for ventilation)

s 22 18 s 22 Coal Mining Legislation Amendment (No. 1) No. 418, 1996 (b) signed or countersigned by the manager. Maximum penalty—2 penalty units. ˙ ‘ Designated ventilation control devices ‘ 4A.6(1) A mine manager must designate the mine’s ventilation control devices on a plan of the mine’s ventilation system under section 86(5) of the Act. 9 ‘ (2) A person must not alter a designated ventilation control device unless the person has— (a) the authority of the manager or ventilation officer; and (b) notified— (i) the under manager; and (ii) any deputy in charge of a part of the mine likely to be affected by the alteration. Maximum penalty—2 penalty units. ‘ (3) In this section— “alter” includes adjust or interfere with.’. ENDNOTES 1. Made by the Governor in Council on 19 December 1996. 2. Notified in the gazette on 20 December 1996. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Mines and Energy. © State of Queensland 1996 9 Section 86 of the Act