Mines Regulation Act 1964 (Qld)

Queensland MINES REGULATION ACT 1964 Reprinted as in force on 1 March 1996 (includes amendments up to Act No. 87 of 1994) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 1 March 1996. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Minor editorial changes allowed under the provisions of the ReprintsAct1992 mentioned in the following list have also been made to— • update citations and references (pt 4, div 2) • update references (pt 4, div 3) • express gender specific provisions in a way consistent with current drafting practice (s 24) • use gender neutral office names (s 25) • use different spelling consistent with current drafting practice (s 26(2)) • use standard punctuation consistent with current drafting practice (s 27) • use conjunctives and disjunctives consistent with current drafting practice (s 28) • use expressions consistent with current drafting practice (s 29) • reorder definitions and other provisions consistent with current drafting practice (s 30) • use aspects of format and printing style consistent with current drafting practice (s 35) • omit provisions that are no longer required (ss 37, 39 and 40) • omit unnecessary referential words (s 41) • omit the enacting words (s 42A) • number and renumber certain provisions and references (s 43) • correct minor errors (s 44) • make all necessary consequential amendments (s 7(1)(k)). Also see endnotes for information about— • when provisions commenced • editorial changes made in the reprint, including— • table of changed names and titles • table of changed citations and remade laws • table of obsolete and redundant provisions • table of corrected minor errors • table of renumbered provisions.

Queensland MINES REGULATION ACT 1964 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 Savings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4A Crown to be bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Meaning of terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6A Declaration of area or areas as a mine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 PART 2—ADMINISTRATION 7 General administration of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 8 Appointments of officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PART 3—BOARD OF EXAMINERS 9 Board of examiners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 10 Continuation of existing members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 11 General provisions with respect to certificates . . . . . . . . . . . . . . . . . . . . . . . 18 12 General provisions with respect to licences . . . . . . . . . . . . . . . . . . . . . . . . . 19 13 Offences with respect to certificates and licences . . . . . . . . . . . . . . . . . . . . 20 PART 4—PROVISIONS RELATING TO ALL MINES 14 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 15 Inspections of mines for official purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 16 Warden may authorise an examination where no inspector is resident . . . 23 17 Record book . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 17A Manager to note record book entries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 18 District workers’ representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 19 Appointment of local workers’ representatives . . . . . . . . . . . . . . . . . . . . . . . 27

2 Mines Regulation Act 1964 20 Facilitating the discharge of their duties by workers’ representatives . . . . 28 21 Remuneration of workers’ representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 22 Representatives to be workers within the Workers’ CompensationAct 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 23 Termination of the appointment of local workers’ representatives . . . . . . . 29 24 Obstruction of inspections an offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 25 Order to take precautions and to make changes . . . . . . . . . . . . . . . . . . . . . . 31 26 Failure to comply with an inspector’s requisition . . . . . . . . . . . . . . . . . . . . . 34 27 Appointment of manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 28 Manager to be in charge of a mine being worked . . . . . . . . . . . . . . . . . . . . . 37 29 Owner or authorised representative not to interfere with manager . . . . . . . 37 30 Qualification of manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 31 Offence to work a mine without a qualified manager . . . . . . . . . . . . . . . . . . 40 32 Person to be manager of 1 mine only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 33 Notification of operations in a mine and abandonment thereof . . . . . . . . . . 41 34 Enforcement of Act and rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 34A Appointment of persons to assist the manager . . . . . . . . . . . . . . . . . . . . . . . 42 35 Daily supervision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 36 Weekly inspection of a mine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 37 Manager of a mine worked by contractor or tributer . . . . . . . . . . . . . . . . . . . 44 38 Accident to be evidence of negligence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 39 Notice of an accident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 40 Offences in relation to accidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 41 Employees to inspect equipment and report accidents . . . . . . . . . . . . . . . . . 48 42 Inquiries into serious accidents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 43 Inquiry in other cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 44 Powers of warden upon inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 45 Action against holder of a certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 45A Scheme to facilitate supply of information on mining accidents and incidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 46 Restrictions on employment of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 47 Winding engine to be in the charge of a licensed person . . . . . . . . . . . . . . 52 48 Medical certificate for licensed person in charge of winding engine . . . . . 55

3 Mines Regulation Act 1964 49 Maximum period for operation of winding engine . . . . . . . . . . . . . . . . . . . . 56 50 Report of negligence with respect to winding engine . . . . . . . . . . . . . . . . . . 56 51 Underground workings of a mine to be surveyed . . . . . . . . . . . . . . . . . . . . . . 57 52 Plans not to be shown to persons other than owner, authorised representative or manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 53 Applications to warden to enter a mine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 PART 5—REGULATIONS AND RULES 54 Power to make regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 54A Variation of regulations by inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 54B Regulations may adopt standards etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 55 Notice of alterations to regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 56 Publication of proclamations and orders in council . . . . . . . . . . . . . . . . . . . 67 57 Special rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 58 Revocation of approval to special rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 59 Regulations and special rules to be exhibited . . . . . . . . . . . . . . . . . . . . . . . . 69 PART 6—MISCELLANEOUS PROVISIONS 60 Obstruction to compliance with this Act null and void . . . . . . . . . . . . . . . . 69 61 Complaint by employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 62 Owner may attend at treatment of the owner’s ore or mineral . . . . . . . . . . . 70 63 Returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 64 Notification before drilling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 65 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 66 Liability of persons under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 67 Defence of impracticability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 68 Limitation of term “inspector” and appeal from the decision of an inspector and the chief inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 68A Protection of Crown, Minister, inspectors and other officers . . . . . . . . . . . . 78 69 Summary procedure to recover penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 69A Facilitation of proof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 81

4 Mines Regulation Act 1964 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 6 Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . . . 86 7 Table of changed citations and remade laws . . . . . . . . . . . . . . . . . . 86 8 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . 87 9 Table of corrected minor errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 10 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88

s4 5 s4 Mines Regulation Act 1964 MINES REGULATION ACT 1964 [as amended by all amendments that commenced on or before 1 March 1996] An Act to consolidate and amend the law relating to the regulation and inspection of mines and the safety and health of persons employed in, on or about mines and of persons affected by the operation of mines and for related purposes PART 1—PRELIMINARY ˙ Short title 1.(1) This Act may be cited as the Mines Regulation Act 1964 . Construction of this Act (3) This Act shall be read as one with the Mineral Resources Act 1989 (hereinafter referred to as the principal Act). ˙ Savings 4.(2) Without limiting the operation of the Acts Interpretation Act 1954 — (a) unless otherwise provided by this Act, all persons who immediately prior to the commencement of this Act held office under the repealed Act shall be deemed to have been appointed to their respective offices under and for the purposes of this Act and, subject to this Act, shall continue to hold those offices respectively in terms of their appointment without further or other appointment under this Act; (b) unless otherwise provided by this Act— (i) every first-class certificate, second-class certificate, deputy certificate, mine electrician certificate, mine surveyor

s4 6 s4 Mines Regulation Act 1964 certificate and winding licence granted under the repealed Act, and in force at the commencement of this Act, shall be deemed to be respectively a first-class mine manager’s certificate of competency, a second-class mine manager’s certificate of competency, a deputy certificate, a mine electrician certificate, a mine surveyor certificate and a winding licence granted under this Act; and (ii) every winding certificate, order requisition, notice and other act of authority granted, made, issued, given or done under the repealed Act, and in force at the commencement of this Act, shall be deemed to have been granted, made, issued, given or done, as the case may be, under this Act; and (iii) every first-class mine manager’s certificate, second-class mine manager’s certificate, deputy’s certificate, winding licence, certificate as mine electrician and certificate as mine surveyor granted under the CoalMiningAct1925 , and in force at the commencement of this Act, shall be deemed to be respectively a first-class mine manager’s certificate of competency, a second-class mine manager’s certificate of competency, a deputy certificate, a winding licence, a mine electrician certificate and a mine surveyor certificate granted under this Act; and (iv) every certificate of service granted under the Coal Mining Act1925 , section 57C and every certificate of service granted under section 57F of that Act shall be deemed to be respectively a mine electrician certificate and a mine surveyor certificate granted under this Act; and shall continue in force for the purposes of this Act and shall be read and construed and acted upon subject to and in accordance with the provisions of this Act and subject to and in accordance with all limitations and conditions to which the same is subject immediately prior to the commencement of this Act including such a limitation with respect to the class of mine to which the same relates; (c) every certificate and licence of a kind referred to in paragraph (b) which, at the commencement of this Act, is suspended shall, for the purposes of paragraph (b), be deemed to be in force at the commencement of this Act but so that such suspension and the

s 4A 7 Mines Regulation Act 1964 s5 period thereof shall not be cancelled, revoked or diminished by the provisions of this subsection; (d) when in any document reference is made to the repealed Act, or to any provisions thereof, or of the rules made thereunder, such reference shall be deemed to be a reference to this Act or to the corresponding provisions of this Act unless the context otherwise indicates or requires; (e) every person who has been appointed to, or holds, any position in, on or about a mine in pursuance of the provisions of the repealed Act shall be deemed to have been appointed to, or to hold, that position under this Act without further appointment unless the person’s appointment to, or the person’s holding, that position is inconsistent with any provision of this Act. Sewers and quarries to be subject to the repealed Act until a date proclaimed (3) Until a date to be proclaimed by the Governor in Council and notwithstanding the repeal of the repealed Act— (a) every sewer and quarry, whether in existence at the date of the coming into operation of this Act or not, to which, or which belongs to a class to which the repealed Act apply, in whole or in part, immediately prior to the date of the coming into operation of this Act, or to which the repealed Act are thereafter made to apply, in whole or in part, shall be and remain subject to the repealed Acts, as modified from time to time, to the extent to which that Act applies or is made to apply thereto; (b) while a sewer or quarry remains subject to any provision of the repealed Act it shall not be subject to the provisions of this Act other than this subsection; (c) the Governor in Council may, by order in council— (i) prescribe that all or any of the provisions of the repealed Act shall apply to any sewer or quarry, or class thereof; and (ii) from time to time, vary or modify any provision of the repealed Act in its application to a sewer or quarry, or class thereof, and, in the exercise of the power conferred by subparagraph (i) may so vary or modify such provision in

s5 8 s5 Mines Regulation Act 1964 the order in council whereby that power is exercised or in a subsequent order in council. (4) On and from a date proclaimed pursuant to subsection (5) the repealed Act shall cease to apply to every sewer or quarry, or class thereof, to which it applied, in whole or in part, immediately prior to such date and thenceforth every such sewer or quarry, or class thereof, shall be subject to the provisions of this Act as applied to it from time to time pursuant to the provisions of section 6. (5) The Governor in Council may so proclaim a date or dates pursuant to this subsection that the date upon which the repealed Act, or any part thereof, cease to apply to sewers differs from the date upon which the repealed Act, or any part thereof, cease to apply to quarries. (6) In subsections (3) to (5) of this subsection the term “sewer” means a sewer while under construction and includes any workings while being sunk or made for the purpose of repairing a sewer. ˙ Crown to be bound 4A. The provisions of this Act extend to and bind the Crown in right of the State. ˙ Meaning of terms 5. In this Act— “approved” means approved in writing by an inspector. “authorised representative” means the person having as the attorney or representative of the owner control of the manager. “board of examiners” means the board of examiners constituted under this Act. “certificate” means a certificate granted and in force under this Act. “chief inspector” includes a person performing for the time being the duties of the office of chief inspector of mines. “excavation” means any cavity in the ground, and includes trenches, pits, sewers under construction, shafts, winzes, rises, open cuts, tunnels, adits, drives and all underground passages and workings.

s5 9 s5 Mines Regulation Act 1964 “explosives” means explosives within the meaning of the Explosives Act1952 . “holder” means, when used in relation to a certificate or licence granted under this Act, the person named in such certificate or licence as the holder thereof. “inspector” means an inspector of mines appointed under this Act and an inspector of mines appointed under the CoalMiningAct1925 , and includes the chief inspector of mines, assistant chief inspector of mines, a senior inspector, the principal electrical inspector, the principal mechanical inspector, an electrical inspector and a mechanical inspector appointed under this Act. “machinery” means every kind of mechanical appliance and every part thereof. “manager” means the person having immediate charge and direction of mining operations in, on or about a mine, and includes an acting manager, a separate manager and a person appointed to assist the manager. “mine” when used— (a) as a verb, includes— (i) to disturb, remove, cart, carry, wash, sift, crush, concentrate, smelt, refine or otherwise deal with any metal, mineral, ore, rock, stone, clay, sand or soil by any mode or method whatever for the purpose of obtaining any metal or mineral; and (ii) to carry on any operation with a view to or for the purpose of— (A) exploring or prospecting for mineral occurring naturally as part of the earth’s crust; or (B) obtaining metal or mineral from a place where it occurs naturally; or (C) obtaining metal or mineral from its natural state or from a state in which it is mixed with other matter; or (D) disposing of any metal or mineral in connection with such obtaining; or

s 5 10 s 5 Mines Regulation Act 1964 (E) disposing of waste substances or by-products resulting from such obtaining; or (F) rehabilitating or restoring the surface of the land disturbed by such obtaining of metal or mineral or waste disposal including the dismantling and removal of buildings, structures, machinery and equipment carried out in connection with such rehabilitation or restoration; (b) as a noun, includes— (i) a place where mining within the meaning of paragraph (a) is carried on; and (ii) a place used for storage of any substance or thing as an associated activity of mining within the meaning of paragraph (a); and (iii) any place or premises (including those under construction) being maintained or intended for use as a place where mining within the meaning of paragraph (a) is to be carried on or for storage of any substance or thing as an associated activity of mining within the meaning of that paragraph; and (iv) any disused or abandoned part of a place that is a mine within the meaning of subparagraph (i) or (ii) whether or not the use of that part was discontinued or abandoned by the person who or corporation that is working the mine at the material time. “mineral” means any substance which occurs naturally as part of the earth’s crust and any substance which may be extracted from such a substance other than— (a) living matter; (b) coal, including fireclay; (c) petroleum within the meaning of the Petroleum Act 1923 ; (d) soil, sand, gravel, rock, or water to be used or to be supplied for use as such, whether intact or in a broken form, save rock mined in block form for building; (e) to the extent it is so declared, any other substance for the time

s 6 11 s 6 Mines Regulation Act 1964 being declared by the Governor in Council not to be a mineral for the purposes of the principal Act either generally or in the circumstances so declared; and, to the extent it is so declared, any substance (including any substance referred to in paragraphs (a), (b), (c) and (d)) for the time being declared by the Governor to be a mineral for the purposes of the principal Act either generally or in the circumstances so declared. “open cut” means 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 but does not include any excavation declared by the Governor in Council, by order in council, not to be an open cut. “owner” means a person or corporation being the proprietor or lessee or occupier of a mine or any part thereof, but does not include a person or corporation whose only interest in a mine is the receipt of a royalty, rent or fine therefrom, or who is the proprietor of a mine that is being worked by a person or corporation other than the proprietor or it, or, who, being the proprietor or lessee of land, is not interested in the mining of minerals therein. “plan” means an original plan or section and a correct copy or tracing thereof. “rock” means any portion of the earth’s crust whether consolidated or not. “serious bodily injury” means any bodily injury of such a nature as to endanger or be likely to endanger life, or to cause or be likely to cause permanent injury to health. “shaft” means a vertical or inclined way or opening downwards, whether from the surface or from an underground working which is or could be used for winding, draining, travelling, or ventilating purposes in connection with the working of a mine, and includes a winze which is or could be so used. “trainee winding driver” means a person operating or driving a winding engine under the personal supervision of the holder of a winding licence. “underground” means any excavation having an overlying cover of rock, and includes a shaft and includes any excavation declared by the

s 6 12 s 6 Mines Regulation Act 1964 Governor in Council, by order in council, to be underground but does not include any excavation declared by the Governor in Council, by order in council, not to be underground. “warden” means a warden appointed under the principal Act and in respect of a particular mine means the warden to whose court the field on which such mine is situated has been assigned under the principal Act or, if the mine be not situated on such a field, the warden nearest to the mine in question. “winding engine” means 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, but does not include any dragline, loader, scraper, or shovel or any mechanical appliance declared by the Governor in Council to be excluded therefrom. “winze” means a vertical or inclined way or opening downwards from an underground working in a mine. ˙ Application of Act 6.(1) This Act applies to every mine within Queensland and to every mine in an area outside Queensland to which the Governor in Council may, by order in council, from time to time apply this Act, and to all machinery, plant, gear and appliances used in, on or about the same and, to the extent that its provisions purport to do so, to places within Queensland that were mines at any time and to all machinery, plant, gear and appliances used in, on or about those places. (2) If at any time it is made to appear to the Governor in Council upon the recommendation of the Minister that there is sufficient reason that the provisions of this Act, or any of them, should apply to— (a) a quarry or other excavation worked for the purpose of obtaining rock, earth, clay, sand, soil or gravel; or (b) an excavation (other than one referred to in paragraph (a)) or a place or premises used or being maintained or intended for use in connection with making such an excavation; or (c) a place or premises wherein occurs activity associated with

s 6A 13 s 6A Mines Regulation Act 1964 mining being carried on in proximity to the place or premises; or a class of such a quarry, excavation, place or premises, the Governor in Council, by order in council, may prescribe that the provisions of this Act, or provisions thereof specified in the order in council, shall apply to the quarry, excavation, place or premises or class thereof and thereupon, subject to subsection (3) any such quarry, excavation, place or premises shall, for so long as the order in council remains in force, be deemed to be a mine within the meaning of this Act and shall, together with all machinery, plant, gear and appliances used in, on or about the same, be subject to the provisions of this Act or the provisions thereof specified in the order in council. (2A) An order in council made for the purposes of subsection (2) which applies in relation to a quarry or excavation such as is referred to in paragraph (a) of that subsection shall apply and have effect in relation to a place or premises contiguous to the quarry or excavation that is used or maintained for use— (a) in connection with the operation of the quarry or excavation; or (b) for the handling, preparation and storage of rock, earth, clay, sand, soil or gravel won from the quarry or excavation; or (c) for the preparation of products from rock, earth, clay, sand, soil, gravel won from the quarry or excavation; as it applies and has effect in relation to the quarry or excavation. (2B) A reference in subsections (2) and (2A) to a quarry, excavation, place or premises includes a reference to any such quarry, excavation, place or premises under construction. (3) The Governor in Council may, by order in council, exempt any mine or part of a mine, or mines included in any class of mine, from all or any of the provisions of this Act either absolutely or upon and subject to such conditions as are specified in such order in council and every mine or part of a mine or class of mine so exempted shall remain exempt from the provisions of this Act to the extent prescribed by such order in council during— (a) the continuance in force of the order in council exempting such mine, part of a mine or class of mine; and (b) the compliance in all respects by the owner, authorised

s 7 14 s 8 Mines Regulation Act 1964 representative and manager of such mine, or of each mine included in such class of mine, and by all persons under the manager’s control with the conditions, if any, specified in such order in council. (5) The Governor in Council may, by order in council, prescribe that a mine wherein mineral is worked in association with coal, and which would otherwise be subject to the provisions of this Act, shall be exempt from the provisions of this Act but shall be subject to the provisions of the CoalMining Act 1925 and thereupon such mine and the machinery, plant, gear and appliances used in, on or about that mine shall be exempt from this Act and shall be subject to those Acts for so long as the order in council remains in force. (6) The Governor in Council may, by order in council, declare that any mechanical appliance shall be deemed not to be a winding engine for the purposes of this Act and of the Coal Mining Act 1925 and thereupon, for so long as such order in council remains in force, such appliance shall be so deemed. ˙ Declaration of area or areas as a mine 6A. The Governor in Council may, by order in council, declare any area or areas within a mining tenement as defined by the principal Act to be a mine for the purposes of this Act and thereupon the area or areas specified in the order in council shall for so long as the order in council remains in force be deemed to be a mine for those purposes. PART 2—ADMINISTRATION ˙ General administration of Act 7. This Act shall be administered by the Minister and, subject to the Minister, by the chief inspector, assistant chief inspector other inspectors and other officers appointed for the purposes of this Act.

s 9 15 s 9 Mines Regulation Act 1964 ˙ Appointments of officers 8.(1) The Governor in Council may from time to time appoint for the purposes of this Act a chief inspector of mines, an assistant chief inspector of mines and such inspectors, electrical inspectors, mechanical inspectors and other officers as the Governor in Council deems necessary for the effectual administration of this Act. (1A) Every such appointment shall be made and the appointee shall hold the appointee’s office under, subject to and in accordance with the PublicService Management and Employment Act 1988 . (1B) Upon notification in the gazette of any such appointment judicial notice shall be taken of the notification and of the appointment thereby notified. (2) Every person appointed by the Governor in Council under and for the purposes of the repealed Act to an office which the person holds at the commencement of this Act shall continue to hold that office for the purposes of this Act and where such office has been held, prior to the commencement of this Act, under, subject to and in accordance with the PublicServiceManagementandEmploymentAct1988 , the same shall continue to be held under, subject to and in accordance with that Act. (2A) Judicial notice shall be taken of the notification in the gazette of every such appointment made for the purposes of the repealed Act and of the appointment thereby notified. (3) After the commencement of this Act— (a) no person shall be appointed to be chief inspector of mines, assistant chief inspector of mines or an inspector of mines (other than an electrical inspector of mines or a mechanical inspector of mines) unless the person is the holder of a first-class mine manager’s certificate of competency granted under this Act; (b) no person shall be appointed to be an electrical inspector of mines or a mechanical inspector of mines unless the person 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

s 9 16 s 9 Mines Regulation Act 1964 engineering or mechanical engineering, as the case may be, conferred by an educational body or institution, which the Minister deems adequate. PART 3—BOARD OF EXAMINERS ˙ Board of examiners 9.(1) The Governor in Council may, by notification published in the gazette, from time to time, appoint persons to be members of the board of examiners. (1A) The term of appointment of any appointed member of the board of examiners shall be 5 years. (2) The board of examiners shall consist of— (a) an officer (being the holder of mining qualifications) of the Department of Mines, appointed on the recommendation of the Minister, who shall be chairperson; and (b) at least 4 other persons, being the holders of mining qualifications, who possess a practical knowledge and skill in the mining industry and of whose number, no more than 2 shall be inspectors for the purposes of this Act or the Coal Mining Act1925 . (3) The board of examiners— (a) shall examine candidates desirous of becoming a mine manager, a mine deputy, an open cut examiner, a mine surveyor, a mine electrician or a winding driver; (b) may grant, in accordance with this Act, to those candidates who satisfy the board that they possess the necessary knowledge, skill and experience, and are not otherwise unfit, any of the following certificates and licences— (i) first-class mine manager’s certificate of competency; (ii) second-class mine manager’s certificate of competency;

s 10 17 s 11 Mines Regulation Act 1964 (iii) limited mine manager’s certificate of competency; (iv) deputy certificate; (v) open cut examiner’s certificate; (vi) mine electrician certificate; (vii) mine surveyor certificate; (viii)winding licence; (ix) such other certificate, licence or authorisation as the Minister may, from time to time, approve; (c) may grant a certificate, licence, or authorisation either absolutely or subject to such limitations and conditions as the board may deem proper and may impose such limitations and conditions on a certificate, licence or authorisation already granted by the board; (d) may cancel or suspend in accordance with this Act any certificate, licence or authorisation granted by the board; (e) may lift any cancellation or suspension of a certificate, licence or authorisation imposed under this Act. (4) The board of examiners may act as 1 or more committees. (4A) However, not less than 3 members of the board, of whom 1 shall be the person recommended by the Minister under subsection (2)(a), shall constitute a committee. (5) By a majority vote of its members present and voting at the meeting at which such vote is taken the board of examiners may, from time to time, make rules with respect to— (a) the conduct of its proceedings; (b) the conduct of proceedings before any committee of the board; (c) the appointment of persons to fill casual vacancies which may, from time to time, arise among the appointed members of the board. (6) The chairperson of the board of examiners shall be the executive member of the board. (7) However, without thereby derogating from the chairperson’s own executive powers, as such chairperson, under this Act the chairperson may

s 12 18 s 12 Mines Regulation Act 1964 delegate all or any of the chairperson’s powers to such person or persons as he or she may from time to time deem fit. ˙ Continuation of existing members 10.(1) The persons who, at the commencement of this Act, are members of the board of examiners constituted under and for the purposes of the repealed Act shall be deemed to have been appointed under this Act to the board of examiners constituted under and for the purposes of this Act and shall, without further appointment under this Act, continue to hold their respective appointments to the board under, subject to and in accordance with this Act. (1A) The term of appointment of such members deemed to have been so appointed shall be deemed to commence on the date of commencement of this Act. (2) Until the Governor in Council appoints members of the board of examiners constituted under this Act in addition to those members deemed to have been appointed thereto by virtue of this section, such lastmentioned members shall comprise the board of examiners constituted under this Act and may exercise every power and shall perform and be subject to every duty and obligation that such board of examiners may exercise, perform or be subject to by virtue of this Act. ˙ General provisions with respect to certificates 11.(1) Each certificate shall set out the class of mine in respect of which it has been granted and shall entitle its holder to the holder’s qualification under that certificate only in respect of that class of mine and subject to the limitations and conditions, if any, imposed by the board of examiners. (2) A first-class mine manager’s certificate of competency shall entitle the holder thereof to be manager of, or to assist the manager of, a mine; the holder thereof shall be designated therein as a mine manager. (3) A second-class mine manager’s certificate of competency shall entitle the holder thereof to assist the manager of a mine; the holder thereof shall be designated therein as assistant manager or as supervisor or as underground foreperson.

s 13 19 s 13 Mines Regulation Act 1964 (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; the holder thereof shall be designated therein as a mine manager. (5) A deputy certificate shall entitle the holder thereof to act as deputy in a coal mine; the holder thereof shall be designated therein as a deputy. (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. (7) A mine electrician certificate shall entitle the holder thereof to have charge of the electrical machinery, apparatus and conductors used in, on or about a mine; the holder thereof shall be designated therein as a mine electrician. (8) A mine surveyor certificate shall entitle the holder thereof to make surveys in on or about a mine and to compile plans of such surveys and to certify the copies of such plans referred to in section 51; the holder thereof shall be designated therein as a mine surveyor. (9) In this section— “mine” includes a place where any operation for the purpose of obtaining coal has been or is being carried on and any place where the products of such a place have been or are being treated or dealt with. ˙ General provisions with respect to licences 12.(1) Each winding licence shall set out the class or classes of winding engine in respect of which it has been granted and shall entitle its holder to the holder’s qualification under that licence only in respect of that class or those classes of engine and subject to the limitations and conditions, if any, imposed by the board of examiners. (2) A winding licence shall entitle the holder thereof to operate a winding engine in on or about a mine. ˙ Offences with respect to certificates and licences 13.(1) A person who becomes the holder, or attempts to become the holder, of a certificate, licence or authorisation under this Act by fraud commits an offence against this Act.

s 14 20 s 14 Mines Regulation Act 1964 (2) The board of examiners may cancel a certificate, licence, or authorisation of a type referred to in this Act under this Act which has been granted by the board as a result of fraud whether the same has been granted before or after the commencement of this Act. (2A) When the board of examiners has cancelled a certificate, licence or authorisation in accordance with subsection (2) it shall by written notice to the holder of such certificate, licence or authorisation require the holder to return such certificate, licence or authorisation to the chairperson of the board of examiners and such holder shall forthwith return such certificate, licence or authorisation to the chairperson. (3) Any person— (a) who uses a certificate, licence or authorisation under this Act which has been cancelled by the board of examiners; or (b) to whom a notice has been sent by the board of examiners requiring the person to return the person’s certificate, licence or authorisation to the chairperson of such board, who fails to forthwith return such certificate, licence or authorisation to the chairperson; commits an offence against this Act unless, in the case of an offence under paragraph (a), the person proves that the person had no knowledge of such cancellation, and, in the case of an offence under paragraph (b), the person proves reasonable excuse for his or her failure to return the certificate or licence to the chairperson. PART 4—PROVISIONS RELATING TO ALL MINES ˙ Powers of inspectors 14.(1) An inspector may, from time to time, and as often as is necessary in the inspector’s opinion— (a) enter, inspect or examine and leave— (i) any mine or part thereof at any time of day or night but so as not to impede or obstruct the working of the mine

s 14 21 s 14 Mines Regulation Act 1964 unnecessarily; (ii) any land, for the purposes of this Act; (b) make examination and inquiry to ascertain whether the provisions of this Act in relation to a mine are being complied with; (c) examine and make inquiry into— (i) the state and condition of a mine or part thereof; (ii) the state and condition of the machinery in, on or about a mine; (iii) the ventilation of a mine; (iv) the sufficiency of the regulations and of any special rules for the time being applicable to a mine; (v) all matters and things connected with or relating to the safety or health of persons employed in, on or about a mine or persons affected by the operations of a mine; (vi) any damage caused by mining to property (whether in, on or about a mine or not); (d) initiate and conduct inquiries into accidents which have occurred in, on or about a mine; (da) seize and detain any machinery, equipment, appliance, records, books, certificates, documents, papers, writings or any other thing or substance of any kind in respect of which an offence against this Act has been or is being committed or in respect of which the inspector suspects on reasonable grounds that such an offence has been or is being committed or that the inspector believes on reasonable grounds will afford evidence as to the commission of that offence or that the inspector believes on reasonable grounds will afford evidence at an inquiry into the nature and cause of any accident; (db) remove any machinery, equipment, appliance, records, books, certificates, documents, papers, writings or any other thing or substance of any kind seized by the inspector under this Act from the place where it was seized to such places as the inspector determines, or may allow any such machinery, equipment, appliance, record, book, certificate, document, paper, writing or

s 15 22 s 16 Mines Regulation Act 1964 other thing or substance to remain at the place of seizure and in the latter case make such arrangements as the inspector considers necessary to protect it and for that purpose may direct the manager concerned to take and preserve those things or substances; (e) exercise in respect of a mine any or all of the inspector’s powers which may, in the inspector’s opinion, be reasonably required to enable the inspector to properly perform and discharge his or her duties and functions with respect to an adjacent mine; (f) initiate and conduct prosecutions against a person who commits an offence against this Act; (g) do such other thing as may be reasonably required for the purpose of carrying this Act into effect or of obtaining compliance with its provisions; (h) issue orders calculated to achieve the objects and purposes of this Act or to enforce its provisions and revoke or, from time to time, vary an order issued by the inspector under this Act; (i) by order in writing, require a person who has failed to comply with this Act to take within such time as is specified such steps as are specified and to remedy those matters in respect of which noncompliance has occurred. (2) An order pursuant to subsection (1)(i)— (a) shall be in the prescribed form; and (b) shall not prejudice or affect in any way any proceeding or action that has been or may be taken for the failure to comply that resulted in the order, save that the person to whom the order is given is not liable for a continuance of the failure to comply during the time specified therein. ˙ Inspections of mines for official purposes 15.(1) A warden, government geologist or assistant government geologist, with such assistants as he or she may deem desirable, or without any assistants, may at all reasonable times enter, inspect and leave any mine, and any part thereof, for official purposes, and may take measurements and

s 17 23 s 17 Mines Regulation Act 1964 samples, and gather any information, required for the purposes of such inspection. (2) The Minister may authorise any officer of the Department of Mines, an authorised surveyor or a mine surveyor to enter, inspect and survey a mine. (3) Every person so authorised shall have such powers of an inspector as the Minister may specify in the authorisation granted to such person. (4) If so empowered a person so authorised may take samples of any material from a mine, but any information obtained as a result of the taking of such samples shall not be divulged to any person except in pursuance of the purpose for which the samples were taken. ˙ Warden may authorise an examination where no inspector is resident 16.(1) Where an inspector is not resident on a field and the warden has reason to believe that any working place in, on or about a mine within the warden’s jurisdiction is unsafe the warden may authorise 2 competent persons to make an examination of such working place, and upon the report of such persons may order the owner, authorised representative or manager to remove the cause of danger within a specified time and, further, to pay to the warden the cost of such examination. (2) The warden may, by the warden’s order, prohibit further work in such working place until the warden’s order has been complied with or until the working place has been inspected by an inspector and certified by the inspector as safe. (3) The warden shall notify the inspector of any action taken by the warden under this section. (4) The competent persons appointed by the warden shall, for the purposes of this section, jointly have and may jointly exercise and perform all the rights, powers, privileges and duties conferred on an inspector by this Act except the powers to initiate and conduct inquiries into accidents or prosecutions against a person who commits an offence against this Act. ˙ Record book 17.(1) Every manager shall cause to be kept at the mine of which he or

s 17A 24 Mines Regulation Act 1964 s 18 she 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 may be approved to be called the record book. (1A) 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, after an inspection of a mine made by the inspector, as soon as practicable enter in the record book at that mine the following particulars— (a) the part or parts of the mine inspected by the inspector; (b) the nature of the inspector’s inspection; (c) every particular which the inspector observed wherein the state and condition of that mine, or part, or its machinery is not in accordance with this Act; (d) any alterations and requirements which the inspector deems necessary to bring that 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 inserting such entry. (4) An entry made in, or an 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, not being an inspector or other person authorised by this Act to make an entry in a record book, who without the written authority of an inspector, alters or erases an entry in a record book made pursuant to this Act, or attempts so to do, or who, without such authority, makes an entry in a record book, or attempts so to do, commits an offence against this Act. (6) The person having custody or control of a record book of a mine shall make it available at all reasonable times for examination by an inspector, or by any person employed in a mining operation in, on or about that mine, or by a district workers’ representative, a local workers’ representative, or by any person authorised in writing by the Minister.

s 18 25 s 18 Mines Regulation Act 1964 ˙ Manager to note record book entries 17A.(1) The manager of a mine shall, with respect to an entry made by an inspector in the record book, read that entry as soon as practicable after the entry is made and immediately thereafter place the manager’s signature in a legible form alongside the entry concerned. (2) The manager of a mine shall, with respect to an entry made in the record book by a person other than an inspector— (a) read that entry as soon as practicable after the entry is made and immediately thereafter place the manager’s signature in a legible form alongside the entry concerned; or (b) ensure— (i) that the entry is so read and signed by a person appointed under section 34A to assist the manager; and (ii) that such person brings to the notice of the manager any matter disclosed by such an entry that is either of an abnormal or unusual nature with regard to the mine or is of a kind which will or may necessitate the taking of steps by the manager to ensure the safety of persons or the security of the mine. ˙ District workers’ representatives 18.(1) The governing body for the State of Queensland of each union or association which has in its membership persons employed in a mining operation in, on or about a mine may submit to the Minister a panel of names of persons, being members of the union concerned, who are eligible to be appointed as a district workers’ representative. (1A) No person’s name shall be included in such a panel unless the person has had at least 5 years’ practical experience in mining. (2) From the panels submitted to the Minister the Minister may appoint 1 or more suitable persons to be district workers’ representatives. (2A) If, in the Minister’s opinion, no name included in the panels submitted to the Minister is of a suitable person, the Minister may request of the governing body of each union or association concerned that it submit an additional panel of names for the purpose of subsection (2).

s 19 26 s 19 Mines Regulation Act 1964 (3) The term of appointment of a district workers’ representative shall be a period to be determined in each case by the Minister not exceeding 3 years. (3A) However, the Minister may terminate the appointment of any district workers’ representative at any time prior to the expiration by effluxion of time of the period for which the representative was appointed if, in the Minister’s opinion, that representative is not performing the duties of a district workers’ representative in a manner calculated to achieve the objects of this Act. (3B) However, subject to the provisions of this section, upon the expiration by effluxion of time of each term of his or her appointment a district workers’ representative shall be eligible for reappointment as such by the Minister. (4) The Minister may constitute the State into districts and may assign 1 or more districts to each of the district workers’ representatives who shall thereafter exercise the representatives’ powers and perform the representatives’ duties and functions under this Act with particular reference to the district or districts assigned to him or her. (4A) The provisions of subsection (4) shall not be construed so as to prejudice the exercise of the powers and the performance of the duties and functions of a district workers’ representative throughout the whole State. (5) The maximum number of district workers’ representatives to be appointed shall be 4 but such maximum number may be varied by way of increase or diminution as the Governor in Council may by order in council prescribe. (6) Upon giving to the manager of the mine concerned reasonable notice of his or her intention so to do a district workers’ representative may inspect a mine and the machinery and appliances in, on or about such mine twice in every month. (7) In addition to any inspections made under subsection (6) of this section, a district workers’ representative, upon giving notice in writing to the manager of the mine concerned, may inspect the workings of that mine if at any time such workings, or any part thereof, in his or her opinion or in the opinion of the majority of the persons working in, on or about that mine, are unsafe.

s 20 27 s 20 Mines Regulation Act 1964 (8) If a district workers’ representative is of opinion that the condition of any place in on or about a mine inspected by the representative, or of any workings in such place, is such as to endanger life, he or she may suspend work in such place until it has been certified to be safe by an inspector. (9) Every district workers’ representative shall as soon as practicable after completion by the representative of an inspection of a mine or any part thereof or the machinery or appliances in on or about a mine or any part thereof, enter and sign a true record of the representative’s findings as a result of the representative’s inspection in the record book of the mine concerned and shall cause a copy of such entry to be sent forthwith to an inspector and if he or she has found a condition of danger or has reason to suspect the existence of danger, shall forthwith notify the manager of the mine concerned. ˙ Appointment of local workers’ representatives 19.(1) If in respect of a mine— (a) a district workers’ representative does not in practice make at least 2 inspections in each month; or (b) at any particular time a district workers’ representative is not available to make an inspection; the persons working in on or about that mine may appoint, from their number, 2 persons to be called local workers’ representatives. (2) Local workers’ representatives may be appointed in such manner as the persons working in, on or about the mine in respect of which such representatives are to be appointed shall adopt. (3) Upon their appointment as local workers’ representatives in respect of a mine the persons so appointed shall give to the manager of that mine notice of their appointment. (3A) Such notice shall be sufficient notification to the owner, authorised representative and manager of the appointment in respect of which it is given. (4) Upon notification given to the manager pursuant to the provisions of subsections (3) and (3A) the local workers’ representatives appointed for a mine may, in the absence of a district workers’ representative, and in respect

s 21 28 s 23 Mines Regulation Act 1964 of that mine, jointly exercise all the powers and jointly perform all the functions and duties of a district workers’ representative under this Act and, if they exercise or perform any of such powers, functions or duties, shall be severally liable to all the obligations of a district workers’ representative under this Act. (5) Before making an inspection of the mine or of the machinery or appliances in, on or about that mine, the local workers’ representatives shall give to the manager notice of their intention so to do. ˙ Facilitating the discharge of their duties by workers’ representatives 20.(1) The owner, authorised representative and manager of a mine in or about which a district workers’ representative or local workers’ representatives propose to exercise powers or perform functions or duties conferred upon him, her or them under this Act shall afford every facility to such representative or, as the case may be, representatives to enable him, her or them to exercise such powers or perform such functions or duties. (2) If the owner, authorised representative or manager of a mine thinks fit, the manager or other person selected by him or her, may accompany the district workers’ representative or local workers’ representatives on an inspection of that mine. ˙ Remuneration of workers’ representatives 21.(1) The remuneration of a district workers’ representative or, as the case may be, a local workers’ representative, during the time taken by the representative in making an inspection, in entering a finding in the record book and in taking such further steps as may be required of the representative under this Act, may be paid out of the consolidated fund to such extent and on such conditions as the Minister may from time to time approve. (2) The consolidated fund is hereby appropriated for this purpose. ˙ Representatives to be workers within the Workers’ Compensation Act 1990 22.(1) While making an inspection and taking such further steps in

s 24 29 s 24 Mines Regulation Act 1964 respect thereof as may be required by this Act a district workers’ representative or, as the case may be, a local workers’ representative shall be deemed to be a worker within the meaning of the Workers’ CompensationAct 1990 , employed— (a) in the case of a district workers’ representative, by the Crown; and (b) in the case of a local workers’ representative, by the owner of the mine concerned. (2) A representative referred to in subsection (1) shall be deemed to be taking a further step in respect of an inspection while the representative is— (a) travelling from the representative’s usual place of residence to the mine for the purpose of making his or her inspection; (b) travelling between the mine and the representative’s usual place of residence during his or her inspection; (c) travelling from the mine to the representative’s usual place of residence upon completion of his or her inspection. ˙ Termination of the appointment of local workers’ representatives 23.(1) When local workers’ representatives have been appointed in respect of a mine any person employed in a mining operation in, on or about that mine may by a writing addressed to the Minister, request the Minister to rescind the appointment of either or both of such representatives. (2) If the Minister receives a request of a kind referred to in subsection (1), or if at any time it is otherwise made to appear to the Minister to be necessary so to do, the Minister may, by writing under the Minister’s hand, rescind the appointment of either or both of the local workers’ representatives so appointed and thereupon such appointment shall terminate but without prejudice to anything properly done by those representatives pursuant to this Act prior to such termination. (3) Before acting upon a request of a kind referred to in subsection (1) the Minister shall satisfy himself or herself that, having regard to all the circumstances of the case, the request has been made by a sufficient number of persons employed in a mining operation, in, on or about the mine with respect to which the request is concerned. (4) The provisions of this section shall not prejudice, or derogate from

s 25 30 s 25 Mines Regulation Act 1964 any power to terminate the appointment of local workers’ representatives or either of them, conferred upon or implied in the persons employed in, on or about the mine concerned by virtue of the provisions of the ActsInterpretation Act 1954 . ˙ Obstruction of inspections an offence 24.(1) Any person who wilfully obstructs an inspector or a district workers’ representative or local workers’ representatives in the exercise of powers or the performance of functions and duties under this Act or who uses insulting words to any of such persons in the course of the exercise or discharge of his, her or their powers or functions or duties under this Act commits an offence against this Act. (2) Any owner, authorised representative or manager who fails to afford to an inspector or a district workers’ representative or a local workers’ representative the means necessary for making an entry, inspection, examination or inquiry under this Act commits an offence against this Act. (3) In this section the term “inspector” includes a person acting under an authority under this Act. ˙ Order to take precautions and to make changes 25.(1) When an inspector finds— (a) in, on or about a mine or any part thereof, that— (i) the state and condition thereof or any thing or practice used in or in connection with that mine or part of a mine is dangerous or defective; or (ii) the presence or absence of any thing or practice threatens or tends to cause bodily injury to any person or damage to property; or (b) that the operation of the mine or any part thereof threatens or tends to adversely affect the safety or health of any person (whether in, on or about the mine or not); then if the case is not sufficiently provided for by this Act or by a special rule applicable to the mine concerned, the inspector may order such precautions to be taken and such changes to be made as will, in the

s 25 31 s 25 Mines Regulation Act 1964 inspector’s opinion, temporarily ensure either or both of the following— (c) the safety of the mine; (d) that the safety or health of any person is not adversely affected or is no longer adversely affected by the operation of the mine. (1A) The manager of the mine in relation to which such an order is given shall forthwith obey such order. (1B) A manager who fails to forthwith obey such an order shall be liable to have the manager’s certificate under this Act, if any, suspended or cancelled by the board of examiners. (1C) However, a manager whose certificate has been suspended or cancelled pursuant to subsection (1B) may appeal from the decision of the board to the Minister who may confirm, vary or rescind such decision as the Minister thinks just and the Minister’s decision thereon shall be final. (2) An inspector who makes an order referred to in subsection (1) shall report the facts of the case to the Minister and, if so directed by the Minister, shall, by means of a requisition in writing addressed to the owner, authorised representative or manager of the mine concerned, specify— (a) the danger or defect found by the inspector pursuant to subsection (1)(a)(i), and the inspector’s reason for holding the circumstances to be such a danger or, as the case may be, a defect as is specified therein; or (b) the threat to, or tendency to cause, bodily injury or damage found by the inspector pursuant to subsection (1)(a)(ii) and the inspector’s reason for holding that the circumstances constitute such a threat or tend to cause such bodily injury or damage as is specified therein; or (c) the threat to or tendency to affect the safety or health of any person found by the inspector pursuant to subsection (1)(b) and the inspector’s reason for holding that the circumstances constitute such a threat or tend to have an adverse affect in such manner as is specified therein; and shall require that the owner, authorised representative or manager eliminate that— (d) danger or defect; or

s 25 32 s 25 Mines Regulation Act 1964 (e) threat to or tendency to cause bodily injury or damage; or (f) threat to or tendency to adversely affect the safety or health of any person; as the case may be. (2A) An inspector shall give a copy of the inspector’s report made under subsection (2) and a copy of the inspector’s requisition, if any, issued thereon to the warden. Time and manner of objecting to inspector’s requisition (3) If the owner, authorised representative or manager of a mine in respect of which, or of any part of which, an inspector has issued a requisition under subsection (2), desires to object to complying with such requisition he or she shall cause to be delivered to the warden and to the inspector who issued such requisition, within 10 days of the date of such requisition, his or her objection in writing to complying with such requisition, setting out with particularity the grounds of his or her objection. (3A) For the purposes of the proceedings before a warden’s court such an objection shall be deemed to be a complaint of the objector or objectors. (3B) Upon receipt by the inspector of an objection in writing under this section the inspector who issued the requisition shall furnish a report on such objection to the warden. (3C) The warden shall fix a time for hearing of the objection and shall cause notice thereof to be given to the objector or objectors and to the inspector who issued the requisition. (3D) Upon hearing an objection to complying with such a requisition the warden’s court may, by its decision, confirm, vary or rescind the requisition. (3E) When an objection to complying with a requisition issued by an inspector under subsection (2) is made to, and determined by, a warden’s court or, when an appeal against a decision relating to such a requisition is heard and determined by an appellate court then, for the purposes of this Act, the requisition issued under subsection (2) as confirmed or modified by the warden’s court or, in the case of an appeal heard and allowed, the appellate court which last confirmed or modified the requisition, shall be deemed to be the requisition issued by the inspector under subsection (2).

s 26 33 s 26 Mines Regulation Act 1964 (4) In respect of each requisition issued under subsection (2) there shall be a date (the “date of operation” ) on and from which such requisition shall operate. (5) The date of operation of a requisition shall be determined in accordance with the following provisions of this subsection, namely— (a) if no objection to complying with the requisition is delivered by the owner, authorised representative or manager of the mine in respect of which, or any part of which, the requisition was issued within the time limited therefor by subsection (3) then the date of operation of such requisition shall be the eleventh day from the date of such requisition; or (b) if an objection to complying with the requisition is delivered by the owner, authorised representative or manager of the mine in respect of which, or any part of which, the requisition was issued, within the time limited therefor by subsection (3) then the date of operation of such requisition shall be the date on which the court that hears such objection delivers its decision with respect thereto subject however to the provisions of paragraph (c); (c) if any person who feels aggrieved by the decision of a court relating to an objection to complying with a requisition issued under this section appeals against that decision in the manner and within the time prescribed therefor by the principal Act and regulations made thereunder then the date of operation of such requisition shall be the date on which the appellate court delivers its decision with respect thereto, or the appeal is struck out, withdrawn or otherwise terminated whichever shall first occur. ˙ Failure to comply with an inspector’s requisition 26.(1) An owner, authorised representative or manager of a mine, in respect of which or of any part of which a requisition has been issued under section 25, who fails to comply with such requisition within 14 days from the date of operation of such requisition commits a continuing offence against this Act and is liable to a penalty not exceeding 20 penalty units and, in addition, to a penalty not exceeding 2 penalty units for each day beyond such fourteenth day during which such noncompliance continues. (2) A certificated manager who has been convicted of an offence against

s 27 34 s 27 Mines Regulation Act 1964 this section is liable to have the manager’s certificate cancelled or suspended by the board of examiners on the ground of misconduct in addition to any other penalty to which the manager may be rendered liable by the manager’s offence. (2A) However, the manager shall not be liable to such additional penalty when the court by which the manager was convicted has imposed no penalty on the manager. (3) If the court hearing a complaint for an offence under this section is satisfied that the defendant has taken active steps to comply with the requisition issued under section 25 but, despite reasonable diligence, has not been able to comply with such requisition, the court may adjourn the proceedings to a date certain and if, by that date, the defendant has complied with such requisition, the court may convict the defendant but shall not impose a penalty on the defendant. (4) An averment in a complaint for an offence under this section that a date named therein is the date of operation of a requisition issued under section 25 shall be prima facie evidence that the date of operation of such requisition is the date named in the complaint and, in the absence of evidence to the contrary, shall be conclusive evidence thereof. ˙ Appointment of manager 27.(1) The authorised representative of a mine or, if there is no authorised representative, the owner, shall, before allowing that mine to be worked, appoint a manager of that mine who accepts such appointment. (2) The authorised representative of a mine or, if there is no authorised representative, the owner may at any time appoint a separate manager or any number of separate managers to be manager or managers of the underground or open cut workings of a mine or of machinery, plant or works used for the treatment of ore, generation of power or any other purpose connected with the mine or of any part or parts thereof and, if notified by the Minister that in the Minister’s opinion a separate manager or a number of separate managers should be so appointed, such authorised representative or owner, as the case may be, shall appoint such separate manager or managers. (3) The person who appoints a manager or separate manager shall ensure that an entry is made forthwith in the record book recording the name of the

s 27 35 s 27 Mines Regulation Act 1964 appointee, and shall, within 14 days of the appointment, give written notice of such appointment to the warden and to the inspector and shall notify the warden and the inspector in like manner of any change of manager or separate manager and shall ensure that the name of such changed appointee is recorded in the record book. (3A) Such notice shall include— (a) the name and address of the person appointed; and (b) the date of the appointment; and (c) the qualifications and relevant experience of the person appointed; and (d) where the appointment is made in respect of the underground or open cut workings of a mine, the number of persons employed in such underground or open cut workings; and shall clearly indicate, and, if necessary, delineate the mine or part or parts thereof in respect of which the manager or separate manager is appointed. (4) When a manager or, as the case may be, separate manager is appointed and the person appointed is not the holder of a mine manager’s certificate of competency, the inspector shall, if the inspector is of the opinion that the appointment threatens or tends to threaten the safety or health of persons in, on or about the mine, notify the Minister who, if the Minister concurs with the opinion of the inspector, may cancel such appointment. (4A) Notice of such cancellation shall be sent to the owner or authorised representative of the mine and to the manager concerned. (4B) If the Minister cancels any such appointment, the person who was appointed manager, or, as the case may be, separate manager of the mine concerned shall forthwith cease to be manager or separate manager thereof. (4C) The Minister may require by notice to the owner or authorised representative of the mine concerned, that another appointment be made in lieu of that which was cancelled and thereupon the owner or authorised representative of the mine concerned shall make another appointment in accordance with that requirement. (5) The warden and the inspector shall each record the name and address

s 28 36 s 30 Mines Regulation Act 1964 and date of appointment of a manager and of a separate manager and the person so recorded shall be the manager of the mine concerned or of the part or parts thereof in respect of which such person was appointed. (6) A certificate purporting to be signed by the warden or inspector containing particulars of the appointment of a manager or separate manager of a mine specified therein or of part or parts thereof, as the case may be, and stating— (a) that no further appointment of a manager or separate manager of that mine has been notified to the warden or inspector, as the case may be; and (b) that the appointment of that manager or separate manager in relation to such mine or part or parts thereof as the case may be, has not been cancelled; shall be accepted by all courts and tribunals as evidence and, in the absence of evidence to the contrary, conclusive evidence— (c) of its contents; and (d) that at any time in question in those proceedings, being a time subsequent to the date of appointment shown in such certificate and prior to the date of the proceedings, the person named in the certificate was the manager or separate manager, as the case may be, of the mine specified therein or of the part or parts thereof, as the case may be. (7) Except as hereinafter provided, a contractor for getting mineral in any mine or part of a mine shall not be appointed manager of that mine or part thereof. ˙ Manager to be in charge of a mine being worked 28.(1) Every mine, while being worked, shall be under the control of a manager who shall be personally in charge of the mine and the performance of the work done therein and shall be responsible for the control, management and direction of the mine and such work. (2) However, at any time, a mine is being worked without a manager, the owner and authorised representative of the mine shall be subject to all the obligations of a manager under this Act and shall be liable for any default in

s 30 37 s 30 Mines Regulation Act 1964 the performance of those obligations or any of them. ˙ Owner or authorised representative not to interfere with manager 29. The owner or authorised representative, not being a manager, or any person in a position of authority and control over the manager, shall not exercise the owner or representative’s authority and control in any way to obstruct the manager in observing or enforcing the observance of this Act. ˙ Qualification of manager 30.(1) Subject to the provisions of subsections (1A) to (1C), the provisions of this section apply only to a mine in which more than 20 persons are ordinarily employed underground or, in the case of an open cut, where more than 40 persons are ordinarily employed. (1A) The Minister may, by order under the Minister’s hand, published in the gazette, direct that all or any of the mines to which the provisions of this Act may have been extended pursuant to section 6(2) and which would otherwise have been subject to the provisions of this section, shall be exempt from the provisions of this section, and upon such publication such mines or mine shall be exempt accordingly. (1B) The Minister may, by order under the Minister’s hand, published in the gazette, direct that a particular mine or class of mine shall be subject to the provisions of this section, and, upon such publication such mine or class of mine shall be subject accordingly although the same would not otherwise have been subject to the provisions of this section. (1C) However, the Minister may, by such order, or by a subsequent order, published in the gazette, specify the minimum qualification required of a manager of such a mine or class of mine. (2) Subject to the provisions of subsection (3), the manager of every mine shall— (a) be the holder of a first-class mine manager’s certificate of competency granted under this Act; or (b) in the case of a mine exempted from the provisions of this section by order of the Minister under subsection (1A), be, at the least, a person with practical knowledge and skill of a nature and degree

s 30 38 s 30 Mines Regulation Act 1964 approved by the board of examiners either generally or in a particular case; or (c) in the case of a mine in respect of which the Minister has specified the minimum qualification required of a manager under subsection (1C) of this section, possess at the least, such qualification. Acting manager (3) If in respect of a mine— (a) there is no certificated manager available for the time being due to reasonable cause; or (b) the manager is incapacitated from performing the manager’s duties; or (c) the manager is about to be absent from the mine for a longer period than 3 days; the owner, authorised representative or manager of the mine may appoint— (d) in the case of a mine the manager of which is required by this section to be the holder of a first-class mine manager’s certificate of competency, a person who holds at the least a second-class mine manager’s certificate of competency; or (e) in any other case, a person who possesses, at the least, the same qualification as that required by this section of the manager of the mine in question; or (f) in any case where there is no person available who possessed the qualification required by this section of the manager of the mine in question, a competent person; to be acting manager until a manager who possesses the qualification required of the manager of the mine in question is available or during the manager’s incapacity or absence, as the case may be. (3A) The person making such appointment shall ensure that an entry is made forthwith in the record book recording the name of the appointee and forthwith notify the warden and the inspector in writing of the appointment and in such notification shall state the following particulars— (a) the name and address of the person appointed;

s 31 39 s 31 Mines Regulation Act 1964 (b) the period of the appointment; (c) the reasons for the appointment; (d) the qualifications and mining experience of the person appointed; (e) the number of persons employed underground at the mine concerned. (4) When the period of appointment of an acting manager shown in the notification referred to in subsection (3A) exceeds 1 week, the inspector shall notify the chief inspector, who if the chief inspector 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 cancel such appointment by notice addressed to the owner, authorised representative or manager of the mine concerned. (4A) If the chief inspector cancels any such appointment the person who was appointed acting manager of the mine concerned shall forthwith cease to be acting manager thereof. (4B) The chief inspector may require by notice to the owner, authorised representative or manager of the mine concerned that another appointment be made in lieu of that which was cancelled and may specify the minimum qualification that the appointee shall possess, and thereupon the owner, authorised representative or manager of the mine concerned shall make another appointment in accordance with the chief inspector’s specification if it be possible so to do. (5) No appointment of an acting manager shall be for a longer period than 2 weeks without the consent of the inspector first had and obtained nor shall any such appointment be for a longer period than 1 month without the consent of the Minister first had and obtained. (6) A person appointed as acting manager of a mine under this section shall be deemed to be manager of that mine for the purposes of this Act for so long as the person acts in that capacity. (7) In this section the term “mine” means a place where any operation for the purpose of obtaining metal or mineral has been or is being carried on, but does not include a place where the products of such a place have been or are being treated or dealt with.

s 32 40 s 34 Mines Regulation Act 1964 ˙ Offence to work a mine without a qualified manager 31.(1) If any mine is worked for more than 14 days without a manager who possesses, at the least, the qualification required by section 30, then— (a) the owner and authorised representative of such mine; and (b) the person (if any) who acts during that period as manager of such mine; commits a continuing offence against this Act and is each liable to a penalty not exceeding 20 penalty units and, in addition, to a penalty not exceeding 5 penalty units for each day in excess of 14 days during which the mine is so worked. (2) A copy of the gazette in which an order made by the Minister under section 30 is published shall, upon its production in any proceeding, be evidence of its contents and that such order has not at the date of such production, been revoked. ˙ Person to be manager of 1 mine only 32. No person shall be appointed, or act as, manager of more than 1 mine, at any 1 time, unless with the consent in writing of the Minister first had and obtained. ˙ Notification of operations in a mine and abandonment thereof 33.(1) Within 1 month after mining operations in, on or about a mine are commenced, discontinued, recommenced or abandoned, the owner, authorised representative or manager shall give notice of the fact to the warden and the inspector. (2) The provisions of this section shall not be construed so as to require such notice to be given in respect of the commencement, discontinuance, recommencement or abandonment of a mining operation in a part only of a mine which is otherwise being worked. ˙ Enforcement of Act and rules 34.(1) The manager shall enforce the observance of all the provisions of this Act and of all special rules applicable to the mine concerned, and shall

s 65 72 s 65 Mines Regulation Act 1964 (3) Such core or samples marked as aforesaid shall be kept in a place and manner directed by the chief inspector or, in the absence of any such direction, in a place and manner so as to preserve them, for at least 1 year after the completion of such borehole or extension. (3A) Notification of the proposed disposal of any such core or samples shall be given to the chief inspector in writing at least 3 months prior to the disposal of the same. (3B) Such core or samples kept under this section shall, at all times subsequent to a period of 3 months after the completion of the borehole or extension and before their disposal, be available to a government geologist, an inspector or other officer of the Queensland Department of Mines authorised in writing by the Minister in that behalf for the purpose of his or her examination or inspection and the taking of samples therefrom for the purpose of assay or other testing. (4) In the discharge of their duties under this section a government geologist and other officer authorised in writing by the Minister shall have all the powers of entry upon or into a mine conferred on an inspector by this Act. (5) Except for the purpose of the proper discharge of the person’s duties under this section, or with the prior approval in writing of the Minister, no person shall disclose any information or knowledge which the person has acquired directly or indirectly with respect to such core or samples in the discharge of the person’s duties and the exercise of the person’s powers under this section. (6) When a contravention of, or failure to comply with, any provisions of this section or of any direction given under this section has occurred the owner, authorised representative and manager of the mine in respect of which such contravention or failure to comply has occurred commits an offence against this Act. (7) The chief inspector may, in writing, exempt any mine from the provisions of this section other than the provisions of subsections (1) and (1A). ˙ Offences 65.(1) A person who—

s 66 73 s 66 Mines Regulation Act 1964 (a) contravenes or fails to comply with a provision of this Act; or (b) by negligence, causes another person to be killed or injured or endangers the safety of any person in, on or about a mine; or (c) pulls down, obliterates or defaces a notice or document exhibited or affixed pursuant to this Act; commits an offence against this Act. (1A) A person who— (a) fails to do that which the person is directed or required to do; or (b) does that which the person is forbidden to do; by a person acting under the authority of this Act or by any term, condition or restriction to which any certificate, licence, authorisation, exemption, variation or approval granted, allowed or issued pursuant to this Act is subject, commits an offence against this Act. (2) A person who contravenes or fails to comply with a special rule for the time being applicable to a mine shall be deemed to commit an offence against this Act. (3) In this section— “negligence” means that degree of negligence which would render the person who thereby has caused another to be killed or injured liable for damages in an action brought against the person by or on behalf of that other or his or her estate, as the case may require. Penalties (4) A person who commits an offence against this Act for which a penalty is not otherwise provided by this Act, is liable— (a) if the person is the owner, authorised representative, manager or other person in charge of, or giving directions relating to, the carrying on of any mining operation or machinery, plant or works in, on or about a mine, to a penalty not exceeding 40 penalty units; and (b) if the person is any other person, to a penalty not exceeding 20 penalty units.

s 67 74 s 68 Mines Regulation Act 1964 ˙ Liability of persons under this Act 66.(1) When an offence against this Act has been committed or is deemed to have been committed in, on or about a mine by a person other than the owner, authorised representative or manager of that mine, then such owner, authorised representative and manager each commits an offence against this Act of failing to enforce the provisions of this Act or of the special rules applicable to that mine, as the case may be, and, whether or not the person other than the owner, authorised representative or manager has been prosecuted for or convicted of the person’s offence, each may be charged with and convicted of such offence. (2) It is a defence for the owner, authorised representative or manager or other person deemed by the provisions of this Act to be subject to the duties, obligations and liabilities of a manager, charged with an offence by virtue of the provisions of subsection (1), that he or she had taken all reasonable steps to enforce the provisions of this Act, or of the special rules applicable, as the case may be, and to prevent the commission of the offence that such other person has committed. (3) When by this Act 2 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 1 of such persons. (4) When a body corporate has committed an offence against this Act the manager of that body corporate and every person who is a member of the governing body of that body corporate shall be deemed to have also committed that offence and may be convicted thereof. (4A) It is a defence for the manager or member of the governing body, as the case may be, of such body corporate that the manager or member did not know and had no reasonable means of knowing that the offence was being committed. (5) In any proceeding taken under this Act for the recovery of a penalty an averment in the complaint that the defendant was, at the relevant time, the

s 68 75 s 68 Mines Regulation Act 1964 owner, authorised representative, or manager of, or a person in charge of or giving directions relating to the carrying on of any mining operation, or machinery, plant or works, in, on or about a mine, or the manager, or a member of the governing body, of a body corporate shall be prima facie evidence that the defendant was, at that time, as he or she is, in the averment, alleged to have been. ˙ Defence of impracticability 67. It is a defence to a charge of a contravention of, or noncompliance with, a regulation made under this Act or a special rule for the time being applicable to a mine, or any variation or other modification thereof, that observance of or compliance with such regulation or special rule, as the case may be, was not reasonably practicable, in the circumstances. ˙ Limitation of term “inspector” and appeal from the decision of an inspector and the chief inspector 68.(1) When by this Act it is provided that, in relation to any mine,— (a) any writing, information or thing is to be given or furnished to the inspector; or (b) any act, matter or thing is to be consented to or approved of by the inspector; and it is not provided that such writing, information or thing is to be given or furnished to or that such consent or approval is to be given by the chief inspector then, unless the context otherwise indicates, it is implied that— (c) such writing, information or thing is to be given or furnished to; and (d) such consent or approval may be given by; the inspector to whom the inspectorial division of the State in which the mine in question is situated is assigned or, if there be no such inspector, the inspector who, in practice, inspects that mine from time to time. (2) In any proceeding for any offence against this Act the evidence— (a) of an inspector who, at the date of the inspector giving evidence, is stationed in the inspectorial division of Queensland in which the

s 68A 76 Mines Regulation Act 1964 s 69 mine in relation to which the offence is alleged to have occurred is situated; or (b) if there be no such inspector, of the inspector who, in practice, inspects the mine from time to time; that any writing, information or thing was not given to an inspector in accordance with this Act or that any act, matter or thing was not consented to or approved of in accordance with this Act shall be accepted as prima facie evidence of its content and in the absence of evidence in rebuttal shall be conclusive evidence thereof notwithstanding that such evidence may be in the nature of hearsay or other secondary evidence. (3) Whenever in the exercise of a power conferred or at any time hereafter conferred by this Act the chief inspector or an inspector has made a decision with respect to any act matter or thing then, except when another mode of appeal is provided for by this Act, an appeal may be made by the owner, authorised representative or manager of the mine affected by the decision in question as follows— (a) from the decision of an inspector, to the chief inspector; (b) from the decision of the chief inspector (including a decision by the chief inspector upon appeal made under paragraph (a)) to the Minister, whose decision shall be final and conclusive. ˙ Protection of Crown, Minister, inspectors and other officers 68A. Liability at law shall not attach to the Crown, the Minister or any inspector or other officer on account of anything done in good faith and without negligence for the purposes of this Act. ˙ Summary procedure to recover penalties 69.(1) A proceeding taken under this Act for the recovery of a penalty may be taken in a summary way under the Justices Act 1886 , upon the complaint of an inspector or any person authorised by the Minister. (1A) However, when a penalty is sought for a contravention of, or noncompliance with, a special rule applicable to a mine the owner, authorised representative and manager of that mine may also institute proceedings for the recovery of that penalty in a summary way under that

s 69A 77 Mines Regulation Act 1964 s 69A Act. Appropriation of penalty (2) When the justices hearing a complaint convict a defendant of an offence against this Act, and impose a penalty on the defendant, they may award the whole or any part of that penalty to any person or persons who may have suffered personal injury, or to the estate or estates of any person or persons who may have been killed, in consequence of the commission of such offence. (2A) An award under subsection (2) shall not, in any way, prejudice any claim right or remedy which an injured person or deceased person or the latter’s executor, administrator or dependant may have or have had against any person in respect of the act or omission constituting the offence in question, or to compensation payable under the Workers’ Compensation Act1990 , and any such award shall not be taken into account in the assessment of the amount of damages or compensation payable to any of such persons as aforesaid in respect of that claim right or remedy. (3) Subject to the provisions of subsection (2) all penalties, fees and other moneys recovered or received by a clerk of the court, warden, inspector or officer appointed under and for the purposes of this Act pursuant to this Act shall be paid to consolidated fund. ˙ Facilitation of proof 69A. In a proceeding for the purposes of this Act— (a) it shall not be necessary to prove the appointment of the chief inspector, any inspector or other officer or his or her authority to do any act, take any proceeding or give any order or direction, in the absence of evidence to the contrary; (b) a signature purporting to be that of the chief inspector, any inspector or any other officer shall be taken to be the signature it purports to be in the absence of evidence to the contrary; (c) a writing purporting to be a copy of or an extract from any document or writing of any kind in the custody of or given, made, issued or granted under this Act by the board of examiners or any member thereof, a warden, an inspector or any other officer and endorsed with a certificate purporting to be under the hand of the

s 69A 78 Mines Regulation Act 1964 s 69A Minister that the document is a true and correct copy of or extract from that other document or that writing, shall upon its production in that proceeding be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the original of which it purports to be a copy or extract and shall be admissible to the same extent as the original; (d) an allegation or averment in a complaint that any place is or that any act, matter or thing was done or omitted to be done within a specified district within the meaning of that term in the JusticesAct 1886 shall be evidence and in the absence of evidence to the contrary conclusive evidence of the matter so alleged or averred; (e) an allegation or averment in a complaint that a person has— (i) failed to do that which the person is directed or required to do; or (ii) done that which the person is forbidden to do;

s 69A 79 Mines Regulation Act 1964 s 69A by a person acting under the authority of this Act or by any term, condition or restriction to which any certificate, licence, authorisation, exemption, variation, modification or approval granted, allowed or issued pursuant to this Act is subject, shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matter so alleged or averred.

80 Mines Regulation Act 1964 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 6 Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 7 Table of changed citations and remade laws . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 8 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 9 Table of corrected minor errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 10 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 March 1996. Future amendments of the Mines Regulation Act 1964 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

81 Mines Regulation Act 1964 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered ´ 4 List of legislation Mines Regulation Act 1964 No. 4 date of assent 31 March 1964 commenced 1 June 1964 (proc pubd gaz 25 April 1964 p 1519) as amended by— Mines Regulation Act Amendment Act 1964 No. 35 date of assent 24 September 1964 commenced on date of assent Mines Regulation Act Amendment Act 1968 No. 52 date of assent 23 December 1968 commenced on date of assent Metric Conversion Act 1972 No. 31 s 6 sch 1 date of assent 21 December 1972 commenced 3 May 1990 (proc pubd gaz 5 May 1990 p 138) Mines Regulation Act Amendment Act 1978 No. 54 date of assent 22 August 1978 commenced on date of assent Mines Regulation Act Amendment Act 1979 No. 15 date of assent 15 May 1979 commenced on date of assent

82 Mines Regulation Act 1964 Mines Regulation Act Amendment Act 1983 No. 39 date of assent 22 April 1983 commenced on date of assent Mines Regulation Act Amendment Act (No. 2) 1983 No. 50 date of assent 15 December 1983 commenced on date of assent Coal Mining Act and Another Act Amendment Act 1989 No. 36 pt 3 date of assent 28 April 1989 commenced on date of assent Mines Regulation Act Amendment Act 1989 No. 101 date of assent 25 October 1989 commenced on date of assent Anti-Discrimination Amendment Act 1994 No. 29 ss 1–3 sch date of assent 28 June 1994 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 1994 (see s 2) Statute Law (Miscellaneous Provisions) Act (No. 2) 1994 No. 87 ss 1–3 sch 2 date of assent 1 December 1994 commenced on date of assent ´ 5 List of annotations Long title amd 1983 No. 39 s 2 Short title s 1 amd 1983 No. 39 s 3; R1 (see RA s 37) Severability s 2 om R1 (see RA s 39) Arrangement of Act s 3 om R1 (see RA s 36) Crown to be bound s 4A ins 1983 No. 39 s 4 Meaning of terms s 5 amd 1968 No. 52 s 2(c) def “inspector” amd 1983 No. 39 s 5(a) def “mine” sub 1968 No. 52 s 2(a); 1983 No. 39 s 5(b) amd 1989 No. 101 s 2(a) def “mineral” sub 1968 No. 52 s 2(b) def “Mining” and “To Mine” om 1983 No. 39 s 5(c) def “owner” amd 1983 No. 39 s 5(d) def “serious bodily injury” ins 1989 No. 101 s 2(b)

83 Mines Regulation Act 1964 Application of Act s 6 amd 1983 No. 39 s 6; 1989 No. 101 s 3; 1994 No. 87 s 3 sch 2 Declaration of area or areas as a mine s 6A ins 1983 No. 39 s 7 Board of examiners s 9 amd 1978 No. 54 s 2; 1989 No. 36 s 11; 1994 No. 29 s 3 sch Powers of inspectors s 14 amd 1983 No. 39 s 8 Manager to note record book entries s 17A ins 1983 No. 39 s 9 District workers’ representatives s 18 amd 1964 No. 35 s 2; 1994 No. 29 s 3 sch Representatives to be workers within the Workers’ Compensation Act 1990 s 22 amd 1964 No. 35 s 3 Order to take precautions and to make changes s 25 amd 1983 No. 39 s 10 Failure to comply with an inspector’s requisition s 26 amd 1983 No. 50 s 2; 1994 No. 87 s 3 sch 2 Appointment of manager s 27 sub 1983 No. 39 s 11 Qualification of manager s 30 amd 1983 No. 39 s 12 Offence to work a mine without a qualified manager s 31 amd 1983 No. 39 s 13; 1994 No. 87 s 3 sch 2 Enforcement of Act and rules s 34 amd 1989 No. 101 s 4 Appointment of persons to assist the manager s 34A ins 1983 No. 39 s 14 Daily supervision s 35 sub 1983 No. 39 s 15 Weekly inspection of a mine s 36 sub 1983 No. 39 s 16 Notice of an accident s 39 amd 1979 No. 15 s 2; 1989 No. 101 s 5 Scheme to facilitate supply of information on mining accidents and incidents s 45A ins 1979 No. 15 s 3 Restrictions on employment of persons prov hdg amd 1989 No. 36 s 12(a) s 46 amd 1989 No. 36 s 12(b)–(e)

84 Mines Regulation Act 1964 Winding engine to be in the charge of a licensed person s 47 amd 1972 No. 31 s 6 sch 1; 1989 No. 101 s 6 Underground workings of a mine to be surveyed s 51 amd 1972 No. 31 s 6 sch 1 Applications to warden to enter a mine s 53 amd 1983 No. 39 s 17; 1994 No. 87 s 3 sch 2 Power to make regulations s 54 amd 1968 No. 52 s 3; 1979 No. 15 s 4; 1983 No. 39 s 18; 1989 No. 101 s 7 Variation of regulations by inspector s 54A ins 1979 No. 15 s 5 Regulations may adopt standards etc. s 54B ins 1979 No. 15 s 5 Notice of alteration of regulations s 55 amd 1989 No. 101 s 8 Publication of proclamations and orders in council s 56 sub 1989 No. 101 s 9 Special rules s 57 amd 1983 No. 39 s 19; 1994 No. 87 s 3 sch 2 Regulations and special rules to be exhibited s 59 amd 1983 No. 50 s 3; 1994 No. 87 s 3 sch 2 Returns s 63 sub 1983 No. 50 s 4 Notification before drilling s 64 amd 1972 No. 31 s 6 sch 1 Offences s 65 amd 1983 No. 39 s 20; 1994 No. 87 s 3 sch 2 Defence of impracticability s 67 amd 1983 No. 39 s 21 Protection of Crown, Minister, inspectors and other officers s 68A ins 1983 No. 39 s 22 Facilitation of proof s 69A ins 1983 No. 39 s 23 Service of notices etc. s 70 om R1 (see RA s 39) Saving of “The Inspection of Machinery Acts, 1951 to 1963” s 71 om 1989 No. 101 s 10

85 Mines Regulation Act 1964 ´ 6 Table of changed names and titles TABLE OF CHANGED NAMES AND TITLES under the Reprints Act 1992 ss 23 and 23A Old New Reference provision clerk (of petty sessions) consolidated revenue local authority clerk (of the court) consolidated fund local government Justices Act 1886 s 268(1) Financial Administration andAudit Act 1977 s 112 Local Government Act 1993 s 796(1)(a) ´ 7 Table of changed citations and remade laws TABLE OF CHANGED CITATIONS AND REMADE LAWS under the Reprints Act 1992 ss 21A and 22 Old New Reference provision Decentralization of Magistrates Courts Act 1965 Local Government Act 1936 Mining Act 1968 Public Service Act1922 Workers’ Compensation Act 1916 Justices Act 1886 Local Government Act1993 Mineral ResourcesAct 1989 Public ServiceManagement andEmployment Act1988 Workers’Compensation Act1990 Justices Act 1886 s 272 Local Government Act 1993 s 796(1)(o) Mineral Resources Act 1989 s 418 Public Service Managementand Employment Act 1988 s 38(1) Workers’ Compensation Act1990 s 206

86 Mines Regulation Act 1964 ´ 8 Table of obsolete and redundant provisions TABLE OF OBSOLETE AND REDUNDANT PROVISIONS under the Reprints Act 1992 s 39 Omitted provision Provision making omitted provision obsolete/redundant Act to be interpreted not to exceed Parliament’s legislative power definitions to be read in context def “Minister” reference to instrument is a reference to instrument under Act service by post Acts Interpretation Act 1954 s9 Acts Interpretation Act 1954 s 32A Acts Interpretation Act 1954 s 36 Acts Interpretation Act 1954 s 35E Acts Interpretation Act 1954 s 39 ´ 9 Table of corrected minor errors Section TABLE OF CORRECTED MINOR ERRORS under the Reprints Act 1992 s 44 Description 4(2)(b)(i), (ii) 5, def “holder” 5, def “trainee winding driver” 9(3)(b) 9(3)(b)(viii), (vi) 9(3)(c), (d), (e) 12, section heading 12(1), (2) 13, section heading 13(1), (2), (2A), (3) 45(1), (3), (4) 47(3), (7)(b) 48(4) 54(1)(k) om ‘license’ ins ‘licence’ om ‘license’ ins ‘licence’ om ‘license’ ins ‘licence’ om ‘license’ ins ‘licence’ om ‘license’ ins ‘licence’ om ‘license’ ins ‘licence’ om ‘license’ ins ‘licence’ om ‘license’ ins ‘licence’ om ‘license’ ins ‘licence’ om ‘license’ ins ‘licence’ om ‘license’ ins ‘licence’ om ‘license’ ins ‘licence’ om ‘license’ ins ‘licence’ om ‘license’ ins ‘licence’

87 Mines Regulation Act 1964 ´ 10 Table of renumbered provisions TABLE OF RENUMBERED PROVISIONS under the Reprints Act 1992 s 43 Previous Renumbered as 4(3)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4(3) 4(3)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4(3)(a) 4(3)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4(3)(b) 4(3)(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4(3)(c) 4(3)(iii)(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4(3)(c)(i) 4(3)(iii)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4(3)(c)(ii) 4(3)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4(4) 4(3)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4(5) 4(3)(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4(6) 8(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . 8(1A) 8(1), 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . . 8(1B) 8(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . 8(2A) 9(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . 9(1A) 9(4), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . 9(4A) 9(6), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . 9(6A) 10(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 10(1A) 15(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 15(3) 15(2), 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . 15(4) 16, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 16(1) 16, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 16(2) 16, 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 16(3) 16, 4th sentence . . . . . . . . . . . . . . . . . . . . . . . . . 16(4) 17(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 17(1A) 18(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 18(1A) 18(2)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18(2) 18(2)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18(2A) 18(3), 1st proviso . . . . . . . . . . . . . . . . . . . . . . . . 18(3A) 18(3), 2nd proviso . . . . . . . . . . . . . . . . . . . . . . . . 18(3B) 18(4), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 18(4A) 19(3), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 19(3A) 21, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 21(1) 21, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 21(2) 25(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 25(1A) 25(1), 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . 25(1B) 25(1), proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . 25(1C) 25(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 25(2A) 25(3)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25(3) 25(3)(a), 2nd sentence . . . . . . . . . . . . . . . . . . . . 25(3A) 25(3)(a), 3rd sentence . . . . . . . . . . . . . . . . . . . . 25(3B)

88 Mines Regulation Act 1964 25(3)(a), 4th sentence . . . . . . . . . . . . . . . . . . . . 25(3C) 25(3)(a), 5th sentence . . . . . . . . . . . . . . . . . . . . 25(3D) 25(3)(a), 6th sentence . . . . . . . . . . . . . . . . . . . . 25(3E) 25(4), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 25(5) 26(2), proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . 26(2A) 27(3), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 27(3A) 27(4)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27(4) 27(4)(a), 2nd sentence . . . . . . . . . . . . . . . . . . . . 27(4A) 27(4)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27(4B) 27(4)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27(4C) 28, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 28(1) 28, proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28(2) 30(1)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30(1) 30(1)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30(1A) 30(1)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30(1B) 30(1)(c), proviso . . . . . . . . . . . . . . . . . . . . . . . . . 30(1C) 30(3)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30(3) 30(3)(a)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30(3)(a) 30(3)(a)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30(3)(b) 30(3)(a)(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30(3)(c) 30(3)(a)(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30(3)(d) 30(3)(a)(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30(3)(e) 30(3)(a)(vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30(3)(f) 30(3)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30(3A) 30(3)(b)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30(3A)(a) 30(3)(b)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30(3A)(b) 30(3)(b)(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30(3A)(c) 30(3)(b)(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30(3A)(d) 30(3)(b)(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30(3A)(e) 30(4)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30(4) 30(4)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30(4A) 30(4)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40(4B) 33, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 33(1) 33, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 33(2) 34A(4)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34A(4) 34A(4)(a)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34A(4)(a) 34A(4)(a)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34A(4)(b) 34A(4)(a), 2nd sentence . . . . . . . . . . . . . . . . . . 34A(4A) 34A(4)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34A(4B) 34A(4)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34A(4C) 36(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 36(1A) 36(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 36(3) 36(2), 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . 36(4) 37(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 37(1A) 38, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 38(1) 38, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 38(2)

89 Mines Regulation Act 1964 39(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 39(2A) 42(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 42(1A) 42(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 42(2A) 42(2), 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . 42(2B) 42(3)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42(3) 42(3)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42(3A) 42(3)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42(3B) 43(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 43(3) 47(2)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47(2) 47(2)(a), 2nd sentence . . . . . . . . . . . . . . . . . . . . 47(2A) 47(2)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47(2B) 47(2)(b), 2nd sentence . . . . . . . . . . . . . . . . . . . . 47(2C) 47(2)(b), 3rd sentence . . . . . . . . . . . . . . . . . . . . 47(2D) 47(2)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47(2E) 47(6)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47(6) 47(6)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47(6A) 47(6)(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47(6B) 47(6)(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47(6C) 47(6)(iv), 2nd sentence . . . . . . . . . . . . . . . . . . . 47(6D) 49, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 49(1) 49, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 49(2) 49, 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 49(3) 51(6), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 51(6A) 51(8), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 51(8A) 51(9), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 51(9A) 52, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 52(1) 52, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 52(2) 53(1)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53(1)(d) 53(1)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53(1)(e) 53(1)(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53(1)(f) 53(1)(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53(1)(g) 53(4)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53(4) 53(4)(a)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53(4)(a) 53(4)(a)(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53(4)(b) 53(4)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53(4A) 53(4)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53(4B) 53(5), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 53(5A) 53(5), 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . 53(5B) 54A, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . 54A(1) 54A, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . 54A(2) 55(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 55(1A) 55(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 55(2A) 57(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 57(1A) 57(1), 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . 57(1B) 61, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . 61(1) 61, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . 61(2)

90 Mines Regulation Act 1964 63(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 63(1A) 64(3)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64(3) 64(3)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64(3A) 64(3)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64(3B) 66(4), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 66(4A) 69(1), proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . 69(1A) 69(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . 69(2A)