Work Health and Safety (Mines and Petroleum) Legislation Amendment (Harmonisation) Act 2015 (NSW)
An Act to amend the Work Health and Safety (Mines) Act 2013 to extend that Act to work health and safety at petroleum sites; to clarify how that Act interacts with the Work Health and Safety Act 2011; to make related and consequential amendments to other Acts; and for other purposes.
This Act is the Work Health and Safety (Mines and Petroleum) Legislation Amendment (Harmonisation) Act 2015.
This Act commences on a day or days to be appointed by proclamation.
Insert “and petroleum sites” after “mines”.
Insert “
Omit “mines,” from section 3 (a). Insert instead “mines and petroleum sites,”.
Omit “mines or”. Insert instead “mines, petroleum sites or”.
Insert “and petroleum sites” after “mines” wherever occurring.
Omit “Work Health and Safety (Mines) Act 2013” wherever occurring in section 4 (2) (b), (c) and (d) and the note.
Insert instead “Work Health and Safety (Mines and Petroleum Sites) Act 2013”.
Insert “and Petroleum” after “Mining” in the definition of
Omit the definitions of
Insert in alphabetical order:
(a) the site at which those activities are carried out, or
(b) a site that adjoins, or is in the vicinity of, the site at which those activities are carried out.
(a) the person who is conducting a business or undertaking with control over a right or entitlement to carry out mining operations at the mine, or
(b) if there is no such person, the person conducting the business or undertaking that is carrying out mining operations at the mine.
(a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state, or
(b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state, or
(c) any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, and one or more of the following, that is to say, hydrogen sulphide, nitrogen, helium, carbon dioxide and water,
and includes any substance referred to in paragraph (a), (b) or (c) that has been returned to a natural reservoir, but does not include a mineral.
(a) the person who is conducting a business or undertaking with control over a petroleum title that permits petroleum operations to be carried out at the petroleum site, or
(b) if there is no such person, the person who is conducting the business or undertaking carrying out petroleum operations at the petroleum site.
Omit the subsection. Insert instead:
To avoid doubt, a reference in this Act to:
(a) a person conducting a business or undertaking at a mine includes a reference to the mine operator or mine holder of the mine, or
(b) a person conducting a business or undertaking at a petroleum site includes a reference to the petroleum site operator or petroleum site holder of the petroleum site.
Omit the sections. Insert instead:
In this Act, a
In this Act, a
(a) at which no mining operations are carried out other than educational activities or tourist activities carried out in connection with former mining activities at the mine, and
(b) at which there is a hazard prescribed by the regulations that was present at the mine when former mining activities were carried out.
In this Act,
(a) activities (referred to in this Act as
mining activities ) carried out for the purpose of:(i) extracting minerals from the ground, or
(ii) injecting minerals into the ground, but only where the primary purpose of the injection is to inject a mineral into the ground or to return a mineral to the ground, or
(iii) exploring for minerals,
(b) activities (including the handling, preparing, processing or storing of extracted materials) carried out in connection with mining activities at a local site,
(c) activities associated with constructing a site where a mining activity (or an activity referred to in paragraph (b)) is, or is to be, carried out,
(d) activities associated with decommissioning, making safe or closure of a mineral extraction site or a mineral exploration site,
(e) educational activities or tourist activities carried out in connection with:
(i) mining activities at a local site, or
(ii) former mining activities at the site at which those activities were carried out,
(f) activities prescribed by the regulations,
(g) an activity specified by the Minister, by order published in the Gazette, that is carried on at a place identified in the order.
The regulations may declare an activity not to be mining operations for the purposes of this Act.
The regulations may create exceptions to or otherwise limit the operation of this section.
Omit “operator” from section 7A (3). Insert instead “mine operator”.
Insert after section 7A:
In this Act,
(a) activities (referred to in this Act as
petroleum activities ) carried out for the purpose of:(i) extracting petroleum from the ground, or
(ii) injecting petroleum into the ground, but only where the primary purpose of the injection is to inject petroleum into the ground or to return petroleum to the ground, or
(iii) exploring for petroleum,
(b) activities (including the handling, preparing, processing or storing of extracted materials) carried out in connection with petroleum activities at a local site,
(c) activities associated with constructing a site where a petroleum activity (or an activity referred to in paragraph (b)) is, or is to be, carried out,
(d) activities associated with decommissioning, making safe or closure of a petroleum extraction site or a petroleum exploration site,
(e) educational activities or tourist activities carried out in connection with petroleum activities at a local site,
(f) activities prescribed by the regulations,
(g) an activity specified by the Minister, by order published in the Gazette, that is carried on at a place identified in the order.
The regulations may declare an activity not to be petroleum operations for the purposes of this Act.
The regulations may create exceptions to or otherwise limit the operation of this section.
In this Act:
(a) the petroleum site holder, or
(b) if the petroleum site holder has appointed, in accordance with the regulations, another person to be the petroleum site operator, that other person.
The regulations may provide for the appointment of more than one petroleum site operator for a petroleum site (so that there are different petroleum site operators for different parts of a petroleum site) and for that purpose:
(a) a reference in this Act or the regulations to the petroleum site operator of a petroleum site includes a reference to the petroleum site operator of part of a petroleum site, and
(b) the functions of a petroleum site operator of a petroleum site are, in the case of a petroleum site operator of part of a petroleum site, functions in respect of that part of the petroleum site.
The regulations may provide for the appointment of one person as the petroleum site operator for more than one petroleum site. In such a case all of the relevant petroleum sites are, for the purposes of this Act, to be treated as one petroleum site.
Omit “a mineral”. Insert instead “petroleum”.
Omit “mining”. Insert instead “petroleum”.
Insert “or petroleum sites” after “mines” in section 10 (1).
Insert “, petroleum site” after “mine” wherever occurring.
Omit “Gazette.”. Insert instead “Gazette, or”.
Insert after section 10 (2) (b):
a petroleum site in the adjacent area in respect of the State within the meaning of Part 10 of the Interpretation Act 1987.
Insert “or petroleum operations” after “mining operations” in section 11 (1).
Insert “or petroleum” after “minerals” wherever occurring.
Insert after section 11 (1) (g):
an activity carried out in relation to the extraction of geothermal energy from a source that has a temperature of less than 70 degrees Celsius or that is situated less than one kilometre below the surface of the earth,
any activity prescribed by the regulations.
Insert after section 12:
An official may exercise any function of the official in relation to any workplace regardless of whether the workplace is a mine, a petroleum site or any other workplace.
The functions of an official include:
(a) in relation to the mining and petroleum regulator, the functions of the WHS regulator, and
(b) in relation to the WHS regulator, the functions of the mining and petroleum regulator, and
(c) in relation to a government official, the functions of an inspector, and
(d) in relation to an inspector, the functions of a government official.
Any requirement in the WHS laws that an official produce an identity card in relation to the exercise of a function is satisfied if the official produces an identity card issued (or taken to be issued) to the official under any provision of the WHS laws.
In this section:
Clause 1 of Schedule 2 to the WHS Act provides that (for the purposes of the WHS laws) a reference to the regulator in relation to a mine or petroleum site (or a workplace at which activities under the Petroleum (Offshore) Act 1982 are carried out) means the mining and petroleum regulator and a reference to the regulator in relation to any other workplace means the WHS regulator. However, that clause does not limit this section which permits either regulator to exercise any function of either regulator in relation to any workplace.
Insert after section 15 (1):
A petroleum site operator of a petroleum site must ensure that the regulator is notified immediately after becoming aware that a notifiable incident arising out of the conduct of any business or undertaking at the petroleum site has occurred.
Maximum penalty:
(a) in the case of an individual—$10,000, or
(b) in the case of a body corporate—$50,000.
Insert “or petroleum site” after “mine” wherever occurring.
Omit “of that requirement being made”. Insert instead “of giving the notice by telephone”.
Insert “or petroleum site” after “mine” in section 17 (1).
Omit “the site where the incident occurred”. Insert instead “the incident site”.
Omit “at the site”. Insert instead “at the incident site”.
Omit “an inspector directs”. Insert instead “a government official directs”.
Omit the paragraph. Insert instead:
each person with management or control of the incident site.
Omit the subsection.
Omit “the site”. Insert instead “the incident site”.
Omit “An inspector” and “the inspector”.
Insert instead “A Government official” and “the Government official”, respectively.
Insert after section 17 (4):
In this section:
Omit “an investigator” from section 18 (4). Insert instead “a government official”.
Insert after section 18 (7):
A person who is a government official is deemed to be an inspector for the purposes of the WHS Act.
Insert “or petroleum operations” after “mining operations” in section 19 (a).
Omit section 21 (3). Insert instead:
A copy of the instrument of appointment of a person as a government official under section 18 (4) is taken to be the government official’s identity card for the purposes of the WHS laws.
Insert “or petroleum site operator” after “mine operator”.
Insert “or petroleum site” after “the mine” wherever occurring.
Insert “or petroleum site” after “a mine” in section 51 (1).
Omit the subsection. Insert instead:
The person conducting the business or undertaking must give a copy of the stop work order to the relevant mine operator or petroleum site operator (unless that person is the mine operator or petroleum site operator).
Insert “or petroleum site” after “a mine” in section 56 (1) (b).
Insert “
Insert “and Petroleum” after “Mining” in section 63 (1).
Insert after section 65 (1) (b):
such number of persons as the Minister determines, selected in accordance with the regulations, to represent the interests of employers in the petroleum industry,
Insert after section 65 (1) (c):
such number of persons as the Minister determines, selected in accordance with the regulations, to represent the interests of workers in the petroleum industry,
Insert “or petroleum sites” after “mines”.
Insert “or petroleum site” after “a mine” in section 67 (1) (a).
Omit section 69 (2) (a). Insert instead:
the petroleum site operator of a petroleum site, may also be served by leaving it with a worker at the petroleum site, or
Insert after section 69 (2):
If the regulator has specified, by order published in the Gazette, a person, place or address (including an email address) for the service of any document that is authorised or required by this Act or the regulations to be served on the regulator, the document may be served only by delivering it to that person, place or address.
Insert “petroleum site operators,” after “mine operators,” in section 70 (1) (d).
Omit “or mining operations” from section 72 (1).
Insert instead “, mining operations, petroleum sites or petroleum operations”.
Omit “or mining operations”.
Insert instead “, mining operations, petroleum site or petroleum operations”.
Omit “mine does not exist”. Insert instead “mine or petroleum site does not exist”.
Omit “mining operations does not take place”.
Insert instead “mining operations or petroleum operations does not take place”.
Insert “and Petroleum” after “Mining” in section 73 (b).
Insert after section 76 (4):
Without limiting subsection (1), the regulations may be made in respect of an activity in relation to petroleum operations that takes place at a workplace other than a petroleum site.
Omit “definition of
Insert instead “definition of
Omit “mining workplace in paragraph (b) of the definition of
Insert instead “mine in paragraph (c) of the definition of
Insert at the end of the Schedule, with appropriate Part and clause numbering:
Part 3 of this Act extends to an incident occurring at a petroleum site before the commencement of section 15 (1A). However, notice is not required to be given in respect of such an incident if notice has already been given in accordance with the WHS Act in respect of the incident.
A notice that has effect under section 129 of the Petroleum (Onshore) Act 1991 immediately before the repeal of that section, continues to have effect according to its tenor as if it were an improvement notice issued under the WHS Act.
Omit the definition of
Section 18 (8) of the Work Health and Safety (Mines and Petroleum Sites) Act 2013 deems government officials under that Act to also be inspectors.
Omit the definition.
Omit “Work Health and Safety (Mines) Act 2013” wherever occurring.
Insert instead “Work Health and Safety (Mines and Petroleum Sites) Act 2013”.
Omit “mining”.
Omit the sections.
Omit clause 1 (1) (b). Insert instead:
in relation to a mine or petroleum site to which the Work Health and Safety (Mines and Petroleum Sites) Act 2013 applies or a workplace at which activities under the Petroleum (Offshore) Act 1982 are carried out—the regulator under the Work Health and Safety (Mines and Petroleum Sites) Act 2013.
Omit the subclauses.
Insert at the end of the clause:
Nothing in this clause limits section 12A of the Work Health and Safety (Mines and Petroleum Sites) Act 2013.
That section authorises both regulators to exercise their functions in relation to all workplaces.
Insert “
Insert “and Petroleum Site” after “Mine” wherever occurring.
Omit “mining industry” wherever occurring.
Insert instead “mining and petroleum industry”.
Omit the definitions of
Insert in alphabetical order:
(a) this Act,
(b) Work Health and Safety (Mines and Petroleum Sites) Act 2013,
(c) Work Health and Safety Act 2011 to the extent that it relates to a mine or a petroleum site to which the Work Health and Safety (Mines and Petroleum Sites) Act 2013 applies.
The workers compensation company referred to in this definition is taken to be a specialised insurer for the purposes of the Workers Compensation Acts.
Insert “and petroleum site” after “mine” wherever occurring.
Insert after section 19:
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
A provision referred to in subclause (1) has effect, if the regulations so provide, despite any other clause of this Schedule.
The regulations may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.
In this Part:
The Mine and Petroleum Site Safety Fund is a continuation of the Mine Safety Fund operating under this Act immediately before the commencement of Schedule 3 [2] to the amending Act.
The definition of
Omit “Work Health and Safety (Mines) Act 2013” from section 1 (5).
Insert instead “Work Health and Safety (Mines and Petroleum Sites) Act 2013”.
Coal Industry Act 2001 No 107Omit “Work Health and Safety (Mines) Act 2013” wherever occurring.
Insert instead “Work Health and Safety (Mines and Petroleum Sites) Act 2013”.
Dams Safety Act 2015 No 26Omit “mine within the meaning of the Work Health and Safety (Mines) Act 2013” from section 27 (2).
Insert instead “mine or petroleum site within the meaning of the Work Health and Safety (Mines and Petroleum Sites) Act 2013”.
Defamation Act 2005 No 77Omit “Work Health and Safety (Mines) Act 2013” wherever occurring.
Insert instead “Work Health and Safety (Mines and Petroleum Sites) Act 2013”.
Explosives Regulation 2013Omit the definitions of
Insert in alphabetical order:
(a) to which the Work Health and Safety (Mines and Petroleum Sites) Act 2013 applies, or
(b) at which activities under the Petroleum (Offshore) Act 1982 are carried out.
Omit “coal workplaces and” wherever occurring.
Omit “mining work” from clause 95 (3).
Insert instead “mining operations (within the meaning of the Work Health and Safety (Mines and Petroleum Sites) Act 2013)”.
Omit the subclause.
Mine Subsidence Compensation Act 1961 No 22Omit “Work Health and Safety (Mines) Act 2013” from section 6 (5).
Insert instead “Work Health and Safety (Mines and Petroleum Sites) Act 2013”.
Mining Act 1992 No 29Omit “Work Health and Safety (Mines) Act 2013” wherever occurring.
Insert instead “Work Health and Safety (Mines and Petroleum Sites) Act 2013”.
Offshore Minerals Act 1999 No 42Omit “Work Health and Safety (Mines) Act 2013” wherever occurring in the notes.
Insert instead “Work Health and Safety (Mines and Petroleum Sites) Act 2013”.
Petroleum (Onshore) Act 1991 No 84Omit the sections.
Petroleum (Onshore) Regulation 2007Omit the clause.
Radiation Control Act 1990 No 13Omit “Work Health and Safety (Mines) Act 2013” wherever occurring in section 38 (a) (i) and (b).
Insert instead “Work Health and Safety (Mines and Petroleum Sites) Act 2013”.
Omit section 38 (a) (iv) and (v). Insert instead:
Offshore Minerals Act 1999, and
Omit “Work Health and Safety (Mines) Act 2013” wherever occurring.
Insert instead “Work Health and Safety (Mines and Petroleum Sites) Act 2013”.
Workers Compensation Act 1987 No 70Omit “Work Health and Safety (Mines) Act 2013” from the definition of
Insert instead “Work Health and Safety (Mines and Petroleum Sites) Act 2013”.
Workers’ Compensation (Dust Diseases) Act 1942 No 14Omit “Work Health and Safety (Mines) Act 2013” from the definition of
Insert instead “Work Health and Safety (Mines and Petroleum Sites) Act 2013”.
Workplace Injury Management and Workers Compensation Act 1998 No 86Omit “Work Health and Safety (Mines) Act 2013” from section 4 (6).
Insert instead “Work Health and Safety (Mines and Petroleum Sites) Act 2013”.
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