Mines Regulation Act Amendment Act 1979 (Qld)

177 C1 uct'ztzhtttt4 ANNO VICESIMO OCTAVO EL(ZARETHAE SECUNDAE REGINAE No. 15-of 1979 An Act to amend the Mines RegulationAct 1964- 1978 in certain particulars [ASSENTED TO 15TH MAY, 1979] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Mines Regulation Act Amendment Act 1979. (2) In this Act the Mines Regulation Act1964-1978 is referred to as the Principal Act. (3) The Principal At as amended by this Act may be cited as the Mines Regulation Act1964-1979. 2. Amendment of s. 39. Section 39 of the Principal Act is amended by- (a) inserting in subsection (1) after the words " property, and " the word " forthwith "; (b) in subsection (5)- (i) omitting the words " Within twenty-four hours" and substituting the word " Forthwith ";

178 Mines Regulation Act Amendment Act 1979, No. 15 (ii) omitting from subparagraph (a) the word " essential "; (iii) omitting from subparagraph (b) the word " extensive "; (iv) inserting in subparagraph (f) before the word " gas " where it secondly and thirdly appears the words " noxious or flammable " in each case; (v) omitting the expression ", " appearing at the end of subparagraph (g) and substituting the following expression and words:- 16 J (h) any overturn, collision or uncontrolled movement of a unit of mobile equipment including a fall or slide over the edge of a dump, stockpile or bench or into an excavation; (i) any capsize, sinking or flooding of a dredge or floating concentrating plant; (j) any breach or slumping of a wall of a dredge pond, where such occurrence could have caused or could result in or could indicate the presence of conditions which could cause or could result in death or serious bodily injury to any person or substantial damage to property or equipment ". 3. New s. 45A. The Principal Act is amended by inserting after section 45 the following section:- " 45A. Scheme to facilitate supply of information on mining accidents and incidents . (1) The Minister may authorize a scheme to facilitate the supply of information in the possession of the Department of Mines as to the facts relating to any mining accident or incident whereby death or injury has been caused to any person or damage has been caused to any property, to any person who or whose property has been involved in that accident or incident or to the agent, servant or other representative of that person, and to any insurer or other person having a bona fide interest in that accident or incident. (2) Any such scheme may provide for the payment of fees for the supply of that information on any basis or bases set out in the scheme. (3) The supply in pursuance of any scheme under this section of any information in relation to any accident or incident of a kind referred to in this section shall not render the Crown, the Minister nor any officer of the Department of Mines, liable in any way in law in respect thereof.". 4. Amendment of s. 54 . Section 54 of the Principal Act is amended in subsection (1) by inserting at the end of subparagraph (o) the following expression and words:- 66 (p) the granting of exemption or conditional exemption from compliance with the regulations or any of them; the entitlements of persons so exempted; revocation of any exemption or conditional exemption so granted ".

Mines Regulation Act Amendment Act 1979, No. 15 179 5. New ss. 54A and 54B. The Principal Act is amended by inserting after section 54 the following-sections:- " 54A. Variation of regulations by inspector . An inspector may direct or allow a regulation or part thereof to be varied or otherwise modified in respect of its application to the working of a particular mine where- (a) there is provision in that regulation for variation or modification by an inspector; and (b) the variation or modification is not inconsistent with the provisions of this Act (other than the provisions of that regulation). The provisions of sections 55 and 56 shall not apply to such variation or modification. 54B. Regulations may adopt standards , etc. The regulations may- (a) adopt in whole or in part and either by way of reference or by way of express specifications therein, any of the standard rules, codes or specifications of the bodies known as the Standards Association of Australia, the British Standards Institution or a like body identified in the regulations, or a code of practice given effect under any law of the Commonwealth or any State; (b) provide for the approval of an inspector to be the standard to be applicable in respect of a particular. matter.".