Mines Regulation Act Amendment Act 1989 (Qld)

1374 MINES REGULATION ACT AMENDMENT ACT ANALYSIS OF CONTENTS 1. Short title and citations 2. Amendment of s. 5. Meaning of terms 3. Amendment of s. 6. Application of Act 4. Amendment of s. 34. Enforcement of Act and rules 5. Amendment of s. 39 6. Amendment of s. 47 7. Amendment of s. 54 8. Amendment of s. 55. Notice of alterations of regulations 9. Repeal of and new s. 56. Publication of regulations Publication of Proclamations and Orders in Council 10. Repeal of s. 71. Saving of "The Inspection of Machinery Acts, 1951 to 1963" ANNO TRICESIMO OCTAVO I._l- An Act to amend the Mines °-..en Act 1964-1989 in certain p ar .:c ^^ rs [ASSENTED TO 25TH OCTOBER, 1989]

Mines Regulation Act Amendment Act 1989, No. 101 1375 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 citations . (1) This Act may be cited as the Mines Regulation Act Amendment Act 1989. (2) In this Act, the Mines Regulation Act 1964-1989 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Mines RegulationAct 1964-1989. 2. Amendment of s. 5. Meaning of terms. Section 5 of the Principal Act is amended by- (a) in the definition "Mine"- a (i) in p ar gr a ph ( a) (ii)- (A) relettering provisions (A), (B), (C), (D) and (E) as (B), (C), (D), (E) and (F) respectively; (B) inserting before provision ( B) as relettered by this section the following provision:- "(A) exploring or prospecting for mineral occurring naturally as part of the earth's crust;"; (ii) in paragraph ( b) (iii ) omitting the words " except where they are construction work to which the Construction Safety Act 1971-1982 applies,,. (b) inserting after the definition "Rock" the following definition:- " "Serious bodily injury"-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;". 3. Amendment of s. 6 . Application of Act. Section 6 of the Principal Act is amended by- (a) omitting subsection (2) and substituting the following subsections:- "(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; (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 connexion with making such an excavation;

1376 Mines Regulation Act Amendment Act 1989, No. 101 or (c) a place or premises wherein occurs activity associated with 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 connexion with the operation of the quarry or excavation; (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."; (b) omitting subsection (4) and substituting the following subsection:- "(4) The Governor in Council, by Order in Council, may order that a provision of this Act shall be varied or modified as prescribed by the Order in Council in its application to a mine, or class of mine, and where he does so the Order in Council shall have effect according to its tenor.". 4. Amendment of s. 34. Enforcement of Act and rules. Section 34 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:- "(2) The manager- (a) shall ensure that every person subordinate to him in a position of authority in or about the mine is competent in the performance of his duties; (b) shall ensure that every person employed in or about the mine has been properly instructed to safely perform his duties.".

Mines Regulation Act Amendment Act 1989, No. 101 1377 5. Amendment of s. 39. Section 39 of the Principal Act is amended, in subsection (5) by adding at the end of paragraph (j), after the words "dredge pond", the following expression and words:- (k) any spill or discharge of a cyanide compound". 6. Amendment of s. 47. Section 47 of the Principal Act is amended, in subsection (3), by omitting from the note appearing in and at the beginning of the subsection the words " 10 brake horsepower" and substituting the words " 10 kilowatts". 7. Amendment of s. 54. Section 54 of the Principal Act is amended, in subsection (1), by inserting after paragraph (k) the following words:- « (ka) guidelines or requirements for the training of persons employed in or about a mine in any capacity, the issuing by persons other than the Board of Examiners of appropriate forms of certification relating to a person's competency in the performance of any work and the suspension or cancellation of any such form of certification;". 8. Amendment of s. 55. Notice of alterations of regulations . Section 55 of the Principal Act is amended by repealing subsection (3) and substituting the following subsection:- "(3) No regulation shall be deemed invalid or to be of no force or effect by reason only that a copy of the Gazette containing a notice of intention referred to in this section was not exhibited at every warden's office in Queensland in accordance with subsection (1).". 9. Repeal of and new s. 56 . Publication of regulations . The Principal Act is amended by repealing section 56 and substituting the following section:- " 56. Publication of Proclamations and Orders in Council. Section 28A of the Acts Interpretation Act 1954-1988 (which requires regulations to be published in the Gazette and laid before the Legislative Assembly as prescribed therein) applies in relation to Proclamations and Orders in Council made under this Act as if they were regulations.". 10. Repeal of s. 71. Saving of "The Inspection of Machinery Acts, 1951 to 1963". The Principal Act is amended by repealing section 71.