Mine and Petroleum Site Safety (Cost Recovery) Regulation 2019 (NSW)

Mine and Petroleum Site Safety (Cost Recovery) Regulation 2019

[2019-342]

Status information

Currency of version
Current version for 19 July 2019 to date (accessed 21 July 2019 at 23:03)
Legislation on this site is usually updated within 3 working days after a change to the legislation.

Provisions in force
None of the provisions displayed in this version of the legislation have commenced. See Historical Notes

Staged repeal status
This legislation is currently due to be automatically repealed under the Subordinate Legislation Act 1989 on 1 September 2024

Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.

File last modified 19 July 2019.

Mine and Petroleum Site Safety (Cost Recovery) Regulation 2019

[2019-342]

Contents

Mine and Petroleum Site Safety (Cost Recovery) Regulation 2019

1   Name of Regulation

This Regulation is the Mine and Petroleum Site Safety (Cost Recovery) Regulation 2019.

2   Commencement

This Regulation commences on 1 August 2019 and is required to be published on the NSW legislation website.

Note.

 This Regulation repeals and replaces the Mine Safety (Cost Recovery) Regulation 2013, which would otherwise be repealed on 1 September 2019 by section 10 (2) of the Subordinate Legislation Act 1989.

3   Definitions

(1)  In this Regulation:

relevant period has the same meaning as in section 9 of the Act.

the Act means the Mine and Petroleum Site Safety (Cost Recovery) Act 2005.

Note.

 The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)  Notes included in this Regulation do not form part of this Regulation.

4   Additional payments authorised to be paid from Fund

For the purposes of section 7 (1) (e) of the Act, the following money is authorised to be paid from the Fund:

(a)  all payments required to meet expenditure incurred by the Department in carrying out regulatory activities under or in connection with the Explosives Act 2003,

(b)  all other amounts required to meet expenditure incurred by the Department in the administration or execution of the Explosives Act 2003,

(c)  all payments required to meet expenditure incurred by the Department in exercising functions under or in connection with the Radiation Control Act 1990.

Note.

Clause 6 of the Explosives Regulation 2013 provides that the Secretary of the Department of Planning, Industry and Environment is the “regulatory authority” for mining workplaces (within the meaning of that Regulation) for the purposes of the Explosives Act 2003 in relation to certain functions. Section 5A of the Radiation Control Act 1990 provides that the Secretary of the Department of Planning, Industry and Environment may exercise certain functions prescribed by regulations made under that Act. For that purpose, clause 47 of the Radiation Control Regulation 2013 prescribes (among other things) certain functions of the Protection of the Environment Operations Act 1997 (being functions that are extended to the exercise of powers in connection with the Radiation Control Act 1990 and that Regulation by the operation of section 15 of the Radiation Control Act 1990).

5   Report

(1)  Within 6 months after the end of each relevant period, the Secretary is to prepare a report containing an overview of payments made from the Fund.

(2)  The report is to be published on the Department’s website.

6   Delegation of functions—prescribed persons

For the purposes of section 14 (b) of the Act, members of staff of the State Insurance Regulatory Authority are authorised as a class of persons to whom the functions of the Secretary under the Act may be delegated.

7   Repeal

The Mine Safety (Cost Recovery) Regulation 2013 is repealed.

8   Savings

Any act, matter or thing that, immediately before the repeal of the Mine Safety (Cost Recovery) Regulation 2013, had effect under that Regulation continues to have effect under this Regulation.

Historical notes

The following abbreviations are used in the Historical notes:

Am	amended	LW	legislation website	Sch	Schedule
Cl	clause	No	number	Schs	Schedules
Cll	clauses	p	page	Sec	section
Div	Division	pp	pages	Secs	sections
Divs	Divisions	Reg	Regulation	Subdiv	Subdivision
GG	Government Gazette	Regs	Regulations	Subdivs	Subdivisions
Ins	inserted	Rep	repealed	Subst	substituted

Table of amending instruments

Mine and Petroleum Site Safety (Cost Recovery) Regulation 2019 (342). LW 19.7.2019. Date of commencement, 1.8.2019, cl 2.