Mines Regulation Act Amendment Act 1983 (Qld)

445 k I(A vuunslanb ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE No. 39 of 1983 An Act to amend the Mines RegulationAct 1964-1979 in certain particulars [ASSENTED TO 22ND APRIL, 1983)

446 Mines Regulation Act Amendment Act 1983, No. 39 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 1983. (2) In this Act the Mines Regulation Act1964-1979 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Mines Regulation Act1964-1983. 2. Amendment of long title . The Principal Act is amended by adding at the end of the long title the words " and of Persons affected by the operation of Mines and for related purposes ". 3. Amendment of s. 1 . Section 1 of the Principal Act is amended by in subsection (3) omitting the words " " The Mining Acts, 1898 to 1955 " " and substituting the words " the Mining Act1968-1982 ". 4. New s. 4A. The Principal Act is amended by inserting after section 4 the following section:- " 4A. Crown to be bound . The provisions of this Act extend to and bind the Crown in right of the State.". 5. Amendment of s. 5 . Meaning of terms. Section 5 of the Principal Act is amended by- (a) in the definition " Inspector " inserting after the words "Assistant Chief Inspector of Mines," the words " a Senior Inspector, the Principal Electrical Inspector, the Principal Mechanical Inspector,"; (b) omitting the definition " Mine " and substituting the following definition:- " MMiinnee "-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) obtaining metal or mineral from a place where it occurs naturally; (B) obtaining metal or mineral from its natural state or from a state in which it is mixed with other matter; (C) disposing of any metal or mineral in connexion with such obtaining; (D) disposing of waste substances or by-products resulting from such obtaining; or

Mines Regulation Act Amendment Act 1983, No. 39 447 (E) 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 connexion with such rehabilitation or restoration; (b) as a noun , includes- (i) a place where mining within the meaning of subparagraph ( a) of this definition is carried on; (ii) a place used for storage of any substance or thing as an associated activity of mining within the meaning of subparagraph ( a) of this definition; (iii) any place or premises ( including those under construction except where they are construction work to which the ConstructionSafetyAct1971-1982 applies) being maintained or intended for use as a place where mining within the meaning of subparagraph ( a) of this definition is to be carried on or for storage of any substance or thing as an associated activity of mining within the meaning of that subparagraph; and (iv) any disused or abandoned part of a place that is a mine within the meaning of provision ( i) or (ii ) of this subparagraph 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;"; (c) omitting the definition " " Mining " and " To Mine " "; (d) in the definition " Owner " omitting the words " or who is the proprietor of a mine which is not being worked by him or it," and substituting the words " or who is the proprietor of a mine that is being worked by a person or corporation other than him or it,". 6. Amendment of s. 6. Application of Act. Section 6 of the Principal Act is amended by- (a) in subsection (1) inserting after the words " about the same " the words " 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 "; (b) omitting subsection (2) and substituting the following subsection:- "(2) If, at any time, it is made to appear to the Governor in Council that there is sufficient reason that the provisions of this Act, or any of them, should apply to- (a) any quarry or other excavation worked for the purpose of obtaining rock, earth, clay, sand, soil or gravel or to any place or premises (including those under construction except where they are construction work to which the Construction Safety Act1971-1982 applies) used or being maintained or intended for use in connection with the operation of such quarry or

448 Mines Regulation Act Amendment Act 1983, No. 39 excavation or for the handling, preparation and storage of rock, earth, clay, sand or gravel won from such quarry or excavation; or (b) any other excavation or any place or premises (including those under construction except where they are construction work to which the ConstructionSafetyAct1971-1982 applies) used or being maintained or intended for use in connection with the making of such excavation, the Governor in Council may, by Order in Council, prescribe that the provisions of this Act, or such provisions as may be specified in that Order in Council, shall apply to such quarry or excavation or place or premises or to quarries or excavations included in such class of quarry or excavation as is or are specified in the Order in Council and, thereupon, such quarry or excavation or place or premises or class of quarry or excavation as is or are specified in the Order in Council shall for so long as the Order in Council remains in force and subject to the provisions of subsection (3) be deemed to be a mine or class of 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, as the case may be, such of them as are specified in the Order in Council.". 7. New s. 6A. The Principal Act is amended by inserting after section 6 the following section:- " 6A. Declaration of area or areas as a mine. 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.". 8. Amendment of s. 14 . Powers of inspectors . Section 14 of the Principal Act is amended by- (a) inserting at the beginning of the section, before the words "An inspector " the expression "(1)"; (b) in subsection (1)- (i) omitting subparagraph (a) and substituting the following subparagraph:- "(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 unnecessarily; (ii) any land, for the purposes of this Act;";

Mines Regulation Act Amendment Act 1983, No. 39 449 (ii) in subparagraph (c), in provision (v)- (A) omitting the words " well-being " and substituting the word " health "; (B) inserting after the words " about a mine " the words " or persons affected by the operations of a mine "; (iii) in subparagraph (c), adding after provision (v) the following provision :- "(vi) any damage caused by mining to property (whether in, on or about a mine or not);"; (iv) inserting after subparagraph (d) the following subparagraphs:- "(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 he suspects on reasonable grounds that such an offence has been or is being committed or that he believes on reasonable grounds will afford evidence as to the commission of that offence or that he 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 him under this Act from the place where it was seized to such places as he determines, or may allow any such machinery, equipment, appliance, record, book, certificate, document, paper, writing or other thing or substance to remain at the place of seizure and in the latter case make such arrangements as he considers necessary to protect it and for that purpose may direct the manager concerned to take and preserve those things or substances;"; (v) in subparagraph (h), inserting after the words " under this Act " the following expression and words:-- 6G (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 non-compliance has occurred "; (c) adding at the end of subsection (1) the following subsection:- "(2) An order pursuant to subparagraph (i) of subsection (11- (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.".

450 Mines Regulation Act Amendment Act 1983, No. 39 9. New s. 17A. The Principal Act is amended by inserting after section 17 the following section:- " 17A. Manager to note Record Book entries. (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 his 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 his 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 of this Act 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.". 10. Amendment of s. 25. Order to take precautions and to make changes. Section 25 of the Principal Act is amended by- (a) in subsection (1), omitting the first paragraph and substituting the following paragraph:- 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 connexion 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, he may order such precautions to be taken and such changes to be made as will, in his opinion, temporarily ensure either or both of the following:- (c) the safety in 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." ;

Mines Regulation Act Amendment Act 1983, No. 39 451 (b) in subsection (2), in the first paragraph, omitting all words from and including the words " specify the nature " to and including the words " eliminate such danger or defect." and substituting the following words:- specify- ((aa)) the danger or defect found by him pursuant to subsection (1) (a) (i), and his reason for holding the circumstances to be such a danger or, as the case may be, a defect as is specified therein; (b) the threat to, or tendency to cause, bodily injury or damage found by him pursuant to subsection (1) (a) (ii) and his 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 him pursuant to subsection (1) (b) and his 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, authorized representative or manager eliminate that- (d) danger or defect; (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.". 11. Repeal of and new s. 27. Appointment of manager. The Principal Act is amended by repealing section 27 and substituting the following section:- " 27. Appointment of Manager . (1) The authorized representative of a mine or, if there is no authorized representative, the owner, shall, before allowing that mine to be worked, appoint a manager of that mine who accepts such appointment. (2) The authorized representative of a mine or, if there is no authorized 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 his opinion a separate manager or a number of separate managers should be so appointed, such authorized representative or owner, as the case may be, shall appoint such separate manager or managers.

452 Mines Regulation Act Amendment Act 1983, No. 39 (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 appointee, and shall, within fourteen 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. Such notice shall include- (a) the name and address of the person appointed; (b) the date of the appointment; (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) (a) 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 he 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 he concurs with the opinion of the inspector, may cancel such appointment. Notice of such cancellation shall be sent to the owner or authorized representative of the mine and to the manager concerned. (b) 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. (c) The Minister may require by notice to the owner or authorized representative of the mine concerned, that another appointment be made in lieu of that which was cancelled and thereupon the owner or authorized 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 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

Mines Regulation Act Amendment Act 1983, No. 39 453 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.". 12. Amendment of s. 30 . Qualification of manager . Section 30 of the Principal Act is amended by in subsection (3), inserting in paragraph (b) after the words " The person making such appointment shall " the words " ensure that an entry is made forthwith in the Record Book recording the name of the appointee and ". 13. Amendment of s. 31 . Offence to work a mine without a qualified manager . Section 31 of the Principal Act is amended by in subsection (1)- (a) omitting the words " fifty pounds " and substituting the expression " $1000 "; (b) omitting the words " ten pounds " and substituting the expression " $200 ". 14. New s. 34A. Appointment of persons to assist the manager. The Principal Act is amended by inserting after section 34 the following section ;- " 34A. Appointment of persons to assist the manager. (1) The owner, authorized representative or manager may appoint such persons as he considers necessary to assist the manager so as to ensure the carrying out of all operations in, on or about the mine in conformity with the provisions of this Act and, if notified by the Chief Inspector that in his opinion one or more persons should be appointed to assist the manager in that behalf, such owner, authorized representative or manager shall, as soon as practicable after receipt of such notification, appoint such person or persons.

454 Mines Regulation Act Amendment Act 1983, No. 39 (2) A person shall not be appointed under this section to assist the manager unless he is competent to perform the duties for which he is appointed. (3) The owner, authorized representative or manager who appoints a person to assist the manager shall ensure that an entry is made forthwith in the Record Book recording the name of the appointee and shall, within fourteen days of such appointment, give written notice of such appointment to the warden and to the inspector and in such notification shall state the following particulars :- (a) the name and address of the person appointed; (b) the date of the appointment; (c) the qualifications and relevant experience of the person appointed; (d) the manner in which the appointee is to assist the manager. (4) (a) When a person is appointed under this section to assist the manager- (i) in the supervision of the underground or open-cut workings of a mine and such person is not the holder of a mine manager's certificate of competency; or (ii) in any other capacity, the inspector shall, if he 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 Chief Inspector who, if he concurs with the opinion of the inspector may cancel such appointment. Notice of such cancellation shall be sent to the owner, authorized representative or manager of the mine concerned. (b) If the Chief Inspector cancels any such appointment the person who was appointed to assist the manager shall forthwith cease to act in that capacity. (c) The Chief Inspector may require by notice to the owner, authorized 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, authorized representative or manager of the mine concerned shall make another appointment in accordance with the Chief Inspector's specification if it be possible to do so. (5) Every person appointed under this section for the purposes of section 35 shall, in the absence of the manager and until some other person is appointed manager or acting manager, be subject to the same duties, obligations and liabilities under this Act as the manager. (6) An appointment of any person under this section shall not be deemed to affect, in any way, the obligations and liabilities under this Act of the manager of the mine concerned.".

Mines Regulation Act Amendment Act 1983, No. 39 455 15. Repeal of and new s. 35. Daily supervision . The Principal Act is amended by repealing section 35 and substituting the following section :- " 35. Daily supervision . (1) The manager or some person appointed pursuant to section 34A to assist him in that behalf shall exercise daily personal supervision of all working parts of a mine. (2) The manager or person assisting him referred to in subsection (1) shall at least once in each week make in the Record Book an entry certifying that such supervision has been exercised.". 16. Repeal of and new s. 36 . Weekly inspection of mine. The Principal Act is amended by repealing section 36 and substituting the following section :- " 36. Weekly inspection of a mine. (1) The manager or a person appointed pursuant to section 34A to assist him in that behalf shall make a weekly inspection of all parts of the mine, and all machinery, plant and works used in, on or about the mine and shall enter in the Record Book an entry- (a) certifying that such inspection has been made; (b) recording the findings of the manager or person appointed to assist him consequent upon such inspection; and (c) specifying the precautions, repairs or alterations which, in his opinion, are required to ensure greater safety to the workmen, and shall initial such entry. When that inspection and entry are made by a person other than the manager, the manager shall read and initial the entry. (2) In any mine in respect of which the Chief Inspector has so approved in writing, when a weekly inspection referred to in subsection (1) is made by a person other than the manager, that person, instead of making the entry in the Record Book required by subsection (1) may make a full report of his inspection to the manager particularizing the matters required to be certified in such entry. The manager or any person appointed to assist him under section 34A shall thereupon make an entry in the Record Book required by subsection (1) which entry shall be based upon the report so made by the person who made the inspection. If that entry is made by a person other than the manager, the manager shall read such entry and shall initial the entry.". 17. Amendment of s. 53. Section 53 of the Principal Act is amended by in subsection (6) omitting the words " two hundred and fifty pounds " and substituting the expression " $2 000 ".

456 Mines Regulation Act Amendment Act 1983, No. 39 18. Amendment of s. 54 . Section 54 of the Principal Act is amended by in subsection (1)- (a) inserting after subparagraph (b) the following subparagraph:- "(ba) the rights, powers, duties, obligations and practices of owners, authorized representatives and managers in respect of the affect of the operation of a mine or activities associated therewith on the safety or health of any person or class of persons;"; (b) inserting after subparagraph (e) the following subparagraph:- "(ea) noise, ground and air vibrations, ionizing and non-ionizing radiation, toxic substances, lighting of places, personal protective equipment, design of excavations, fire prevention and control, design and construction of dams, dumps and stockpiles, means of conveying persons, minerals, mineral products and wastes, mining materials and communication lines in, on or about mines;". 19. Amendment of s. 57. Special Rules. Section 57 of the Principal Act is amended by- (a) in subsection (1), in the second paragraph, omitting the words " health of such persons " and substituting the words " safety and health of such persons, the protection of the safety and health of persons affected by the operation of the mine (whether in, on or about a mine or not) "; (b) in subsection (6)- (i) omitting the words " fifty pounds" and substituting the expression " $1000" ; (ii) omitting the words " five pounds " and substituting the expression " $100 ". 20. Amendment of s. 65 . Section 65 of the Principal Act is amended by- (a) inserting after subsection (1) the following subsection:- (IA) A person who- (a) fails to do that which he is directed or required to do; or (b) does that which he 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, authorization, exemption, variation or approval granted, allowed or issued pursuant to this Act is subject, commits an offence against this Act."; (b) in subsection (4)- (i) in subparagraph (a) omitting the words " one hundred pounds " and substituting the expression " $2 000 "; (ii) in subparagraph (b) omitting the words " fifty pounds " and substituting the expression " $1000 ".

Mines Regulation Act Amendment Act 1983, No. 39 457 21. Amendment of s. 67. Defence of impracticability . Section 67 of the Principal Act is amended by inserting after the words " applicable to a mine " the words " , or any variation or other modification thereof,". 22. New s. 68A. The Principal Act is amended by inserting after section 68 the following section.- " 68A. Protection of Crown, Minister , inspectors and other officers . 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.". 23. New s. 69A. The Principal Act is amended by inserting after section 69 the following section:- "69A. Facilitation of proof. 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 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 ether officer and endorsed with a certificate purporting to be under the hand of the 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 Decentralization of Magistrates Courts Act 1965-1974 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 he is directed or required to do ; or

458 Mines Regulation Act Amendment Act 1983, No. 39 (ii) done that which he 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, authorization, 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.".