New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Mine Health and Safety Bill 2002
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Certain things are part of a mine 6
5 When an employee is at work 6
6 Risks arising from activities at work 6
7 Notes 7
Part 2 Application of Act
8 Application of Act 8
9 Act does not apply to certain mines 9
10 Act does not apply to coal mines 9
11 Act does not apply to civil engineering work 9
b02-123-p01.11
Mine Health and Safety Bill 2002
Contents
Page
12 Act does not apply to certain other operations 9
13 Act to bind Crown 9
Part 3 Objects of Act
14 Objects of Act 10
Part 4 Application of Occupational Health and Safety Act 2000
15 Act to be read as part of OH&S Act 11
16 Act adds to protection provided by the OH&S Act 11
17 OH&S Act prevails 11
18 Compliance with this Act is no defence to prosecution under
OH&S Act 12
19 Relationship between duties under this Act and OH&S Act 12
20 No double jeopardy 12
21 Documents 12
Part 5 Duties relating to health, safety and welfare at mines
Division 1 Duties of mine holders
22 Duty to nominate the operator of a mine 13
23 Chief Inspector may declare person an operator 14
24 Mine holder must give operator health and safety information14
25 Penalty for offence against this Division 14
Division 2 Duties of operators of mines
Subdivision 1 General duties
26 Identification of hazards and assessment of risks 15
27 Elimination or control of risks 15
28 Worker safety 15
Subdivision 2 Mine safety management plans
29 Duty of operator to prepare mine safety management plan 15
30 No work without mine safety management plan 16
31 Duty of operator to ensure compliance with mine safety
management plan 16
32 Contents of mine safety management plan 16
33 Consultation 17
34 Obligations concerning mine safety management plan 17
35 Access to mine safety management plan 17
36 Former operator must return information 17
Contents page 2
Mine Health and Safety Bill 2002
Contents
Page
Subdivision 3 Management structure
37 Operator must prepare management structure 18
38 Register of persons occupying positions 18
Subdivision 4 Duties regarding contractors
39 Operator to prepare contractor management plan 19
40 Content of contractor management plan 19
41 Operator to ensure contractor's familiarity with systems 19
42 Duties of operator regarding contractors 19
Subdivision 5 Emergency management
43 Meaning of "emergency" 20
44 Operator must prepare emergency plan 20
45 No mining or quarrying without emergency plan 20
46 Contents of emergency plan 21
47 Review and testing 21
Subdivision 6 Keeping of records and reporting
48 Keeping of records by operators 21
49 Reporting by operators 21
Subdivision 7 Penalties
50 Penalty for offence against this Division 22
Subdivision 8 Saving of certain notices and directions
51 Saving of certain notices and directions 22
Division 3 Duties and rights of employees
52 Duties of employees 22
53 Rights of employees 23
54 Employees cannot be unlawfully dismissed or victimised 23
55 Division applies to employees of contractor 25
Division 4 Duties of those in management positions
56 Those in management positions must comply with mine
safety management plan 25
57 Those in management positions must inform operator of
non-compliance 25
58 Further obligations 26
59 Penalty for offence against this Division 26
Division 5 Duties of supervisors
60 Supervisor must comply with mine safety management plan 26
61 Supervisor must inform operator of non-compliance 27
Contents page 3
Mine Health and Safety Bill 2002
Contents
Page
62 Further obligations 27
63 Penalty for offence against this Division 27
Division 6 Duties of and in relation to contractors
64 Contractor must comply with operator's mine safety
management plan 27
65 Contractor's safety management plan 28
66 Duties of contractors regarding safe work method statement 29
67 Contractor to ensure work carried out in accordance with
safe work method statement 30
68 Contractor's duties regarding subcontractors 30
69 Penalty for offence against this Division 31
Division 7 Duties to give notice
70 Duty to give notice of drilling operations 31
71 Other duties to give notice 31
72 Penalty for offence against this Division 32
Division 8 General
73 Person may have more than one duty 32
74 Relationship between duties under this Part and regulations 32
75 Alternative verdicts 32
76 Multiple contraventions of general duties under this Part 33
77 Civil liability not affected by this Part 33
Part 6 Safety of mines
Division 1 Mine plans
78 Application of Division 34
79 References to plans 34
80 Mine plan must be prepared 34
81 Contents of mine plan 34
82 Revision of mine plan 35
83 Access to mine plan 35
84 Inspection of mine plan by government officials 35
85 Government official may require plan of workings carried out 35
86 Plans to be deposited with Minister 36
87 Penalty for offence against this Division 36
Division 2 Hours of work
88 Hours of work and associated working arrangements below
ground 37
89 Chief Inspector may require alteration of hours of work 37
90 Regulations concerning hours of work 38
91 Display of shift roster regimes 38
Contents page 4
Mine Health and Safety Bill 2002
Contents
Page
92 Recording of hours worked 38
93 Penalty for offence against this Division 38
94 Defence 39
Division 3 Tourist and educational activities
95 Definitions 39
96 Tourist activities in mines or use of former mines for
educational purposes not allowed without a permit 39
97 Issue of tourist and educational permits 39
98 Revocation or variation of permits 40
99 Penalty for offence against this Division 40
Part 7 Notification of incidents
Division 1 Notification of certain incidents
100 Notification of certain incidents and other matters 41
101 Non-disturbance of plant involved in notifiable incidents (and
of surrounding area) 41
102 Records of notifications 42
103 Penalty for offence against this Division 42
Division 2 Health and safety
104 Records of medical and first aid treatment 43
105 Offence relating to reporting of safety matters 43
106 Penalty for offence against this Division 43
Division 3 Inquiries
107 Boards of Inquiry 44
108 Witnesses and evidence at special inquiries 45
109 Report by Board of Inquiry 46
110 No appeal against exercise of functions by Boards of Inquiry 46
111 Penalty for offence against this Division 46
Part 8 Stop work orders
112 Minister may make stop work order 47
113 Prior notification of making of stop work order not required 47
114 Extension of stop work order 47
115 Consultation about modification of proposed detrimental
action 48
116 Stop work order prevails over other instruments 48
117 Costs of enforcing stop work order 48
118 Offence: failure to comply with a stop work order 49
Contents page 5
Mine Health and Safety Bill 2002
Contents
Page
Part 9 Competence standards
Division 1 Key obligations
119 Regulations may specify functions to which this Part
applies 51
120 Operator to ensure only competent persons employed to
perform specified functions 51
121 Contractor to ensure only competent persons employed to
perform specified functions 51
122 Only competent persons to perform specified functions 51
123 Penalty for offence against this Division 51
Division 2 Metalliferous Mines and Extractive Industries
Competence Board
124 Constitution of Metalliferous Mines and Extractive Industries
Competence Board 52
125 Ministerial control of Board 52
126 Membership of Board 52
127 Procedure of Board 52
Division 3 Functions of Board
128 Functions of Board 53
129 Annual report 53
130 Review of competence arrangements 53
Division 4 Certificates of competence
131 Certificates of competence may be granted 54
132 Regulations concerning competence standards 54
133 Ministerial orders 55
Division 5 Offences
134 Offences: certificates of competence 56
135 Offence of forging or having forged document 56
136 False or misleading statements 56
137 Offences if a person's competence is declared as not
recognised 56
138 Penalty for offence against this Division 57
Part 10 Oversight of mines
Division 1 Outline of this Part
139 Outline of this Part 58
Contents page 6
Mine Health and Safety Bill 2002
Contents
Page
Division 2 Inspections by government officials
Subdivision 1 Appointment of government officials
140 Appointment of government officials 58
141 Appointment of consultants as investigators 58
Subdivision 2 Functions of government officials
142 Functions of Chief Inspector 59
143 Bringing concerns regarding health, safety or welfare to the
attention of operators 59
144 Consideration and investigation of complaints 59
145 Audit and review of mine safety management plans 60
146 Additional functions 60
Subdivision 3 Powers of government officials
147 Inspection powers 60
148 Powers of entry at any time 61
149 Power to cross land 61
150 Power to require plan 61
Division 3 Inspections on behalf of work force
Subdivision 1 Site check inspectors
151 Site check inspectors 61
152 Trigger for election 62
153 Conduct of election of site check inspectors 62
154 Term of office 63
155 Vacation of office of site check inspector 63
156 Notification of election 64
157 Functions of site check inspectors 64
158 Training of site check inspectors 65
159 Rights of site check inspectors 65
160 Duties of operators in relation to site check inspectors 66
161 Duties of contractors in relation to site check inspectors 67
162 Assistance to site check inspectors 67
Subdivision 2 Inspections on behalf of work force
163 Inspections by site check inspectors 68
164 Site check inspector may be accompanied by operator's
representative 68
165 Site check inspector must not leave work without prior
notice 68
166 Power to cross land 69
Contents page 7
Mine Health and Safety Bill 2002
Contents
Page
Part 11 Mining industry codes of practice
167 Purpose of industry codes of practice 70
168 Minister may prepare draft codes 70
169 Consultation on draft codes 70
170 Approval of codes by Minister 70
171 Publication, commencement and availability of codes 70
172 Amendment or revocation of codes 71
173 Use of codes 71
Part 12 Regulations
174 Regulations: general power 72
175 Regulations: specific miscellaneous powers 72
176 Regulations may prescribe decisions that are to be
reviewable by Administrative Decisions Tribunal 77
177 Regulations: adapting duties under Part 5 77
178 Regulations concerning application of Part 5 to contractors 77
179 Regulations may adopt other publications 77
180 Regulations may create criminal offences 77
181 Exemptions 78
182 Regulations relating to consultation 78
Part 13 Miscellaneous
Division 1 Enforcement
183 Offences by corporations 79
184 Aiding or abetting the commission of offences 79
185 Defence 80
186 Defences to criminal proceedings not affected by this Act 80
Division 2 Information
187 Disclosure of information 80
188 False or misleading statements 81
189 Defence 81
Division 3 Exercise and delegation of functions
190 Chief Inspector subject to Ministerial control 81
191 Minister may exercise function of Chief Inspector 81
192 Delegation of functions by the Minister 81
193 Delegation of functions by Chief Inspector 82
194 Delegation of functions by Director-General 82
Contents page 8
Mine Health and Safety Bill 2002
Contents
Page
Division 4 Service of documents
195 Service of documents 82
196 Supply of documents to an operator 83
197 Supply of documents to Chief Inspector 83
Division 5 Fees
198 Fees 83
Division 6 General
199 Protection from liability 84
200 No obligation to exercise power 84
Part 14 Repeals and amendments
201 Repeals 85
202 Amendment of Mining Act 1992 No 29 85
203 Amendment of Occupational Health and Safety Act 2000
No 40 85
204 Amendment of other Acts 85
205 Savings, transitional and other provisions 85
206 Review of Act 85
Schedules
1 Amendment of Mining Act 1992 86
2 Amendment of Occupational Health and Safety Act 2000 88
3 Amendment of other Acts 91
4 Savings, transitional and other provisions 94
Contents page 9
New South Wales
Mine Health and Safety Bill 2002
No , 2002
A Bill for
An Act to secure the health, safety and welfare of persons in connection with
metalliferous mines, opal mines and quarries; to repeal the Mines Inspection Act
1901; to amend certain Acts; and for other purposes.
Clause 1 Mine Health and Safety Bill 2002
Part 1 Preliminary
1
The Legislature of New South Wales enacts:
Part 1 Preliminary 2
3
1 Name of Act
4
This Act is the Mine Health and Safety Act 2002.
5
2 Commencement
6
This Act commences on a day or days to be appointed by
7
proclamation.
8
3 Definitions
9
In this Act:
10
authorised representative has the same meaning as in section 76 of
11
the Occupational Health and Safety Act 2000.
12
Board means the Metalliferous Mines and Extractive Industries
13
Competence Board constituted by section 124.
14
Board of Inquiry means a Board of Inquiry constituted under
15
section 107.
16
certificate of competence means a certificate granted under section
17
131 that is in force.
18
Chief Inspector means the person appointed as Chief Inspector
19
under section 140.
20
coal includes oil shale and kerosene shale, but does not include peat.
21
competent means having appropriate experience, knowledge, skills
22
and capabilities.
23
contractor, in relation to a mine, means a person who is not an
24
employee employed to work at a mine, who undertakes work at the
25
mine, but does not include the operator of the mine.
26
contractor management plan for a mine means a contractor
27
management plan prepared for the mine under section 39.
28
Department means the Department of Mineral Resources.
29
direction includes any instruction, order or requirement authorised
30
by this Act to be given or made by the Minister or an inspector.
31
Director-General means the Director-General of the Department.
Page 2
Mine Health and Safety Bill 2002 Clause 3
Preliminary Part 1
1
emergency plan for a mine means an emergency plan prepared for
2
the mine under section 44.
3
employee means an individual who works under a contract of
4
employment or apprenticeship.
5
employer means a person who employs persons under contracts of
6
employment or apprenticeship.
7
evidence of competence means a certificate of competence or other
8
evidence of competence acceptable to the Minister.
9
exercise a function includes perform a duty.
10
function includes power, duty and authority.
11
government official means a person appointed under section 140 or
12
141.
13
inspector means a person appointed as an inspector under section
14
140.
15
investigator means a person appointed as an investigator under
16
section 140 or 141.
17
involved union means a Federal or State industrial organisation of
18
employees of which a person employed to engage in work at a mine
19
is a member, where that person is qualified to be such a member by
20
virtue of the work that the person performs in his or her employment
21
at the mine.
22
machinery means any device or item of plant, whether fixed or
23
mobile (however powered), that is used:
24
(a) to do work at or about a mine, or
25
(b) for the treatment of any product of a mine.
26
management structure for a mine means the management structure
27
prepared for the mine under section 37.
28
mine--see section 8.
29
mine holder means:
30
(a) in relation to a mine holding that is registered--the person
31
whose application for registration is accepted for the mine
32
holding under the Mining Act 1992, or
33
(b) in relation to a mine holding that could be registered but is not
34
registered--the person who holds an authority, mineral claim
35
or opal prospecting licence issued for the site on which the
Page 3
Clause 3 Mine Health and Safety Bill 2002
Part 1 Preliminary
1
mine holding stands under the Mining Act 1992 or a licence
2
issued for the site under the Offshore Minerals Act 1999, or
3
(c) in relation to land where there is no requirement for
4
authorisation of mines in the Mining Act 1992 or the Offshore
5
Minerals Act 1999--the person with the right to extract
6
minerals or quarry product from the land.
7
mine holding means a mine holding registered in accordance with
8
section 163A of the Mining Act 1992.
9
mine plan for a mine means a mine plan prepared under section 80.
10
mine safety management plan for a mine means a mine safety
11
management plan prepared for the mine under section 29.
12
mine safety officer means a person appointed as a mine safety
13
officer under section 140.
14
mineral means any substance that is for the time being a mineral
15
within the meaning of the Mining Act 1992 or the Offshore Minerals
16
Act 1999, but does not include coal or shale.
17
mining industry code of practice means a mining industry code of
18
practice under Part 11.
19
open cut mine means a mine in which persons are not employed
20
underground when the mine is being worked.
21
operator means:
22
(a) the mine holder, if the mine holder nominated himself, herself
23
or itself as the operator of the mine under section 22, or
24
(b) the person nominated by the mine holder as the operator of the
25
mine, and accepted by the Chief Inspector, under section 22,
26
or
27
(c) the mine holder, if the mine holder has not nominated
28
someone under section 22 or any nomination has been
29
rejected, or
30
(d) in any case, the person declared by the Chief Inspector to be
31
the operator under section 23.
32
place of work means premises where persons work.
33
plan and sections include correct copies or tracings of any original
34
plan and sections.
Page 4
Mine Health and Safety Bill 2002 Clause 3
Preliminary Part 1
1
plant includes any machinery, equipment (including scaffolding),
2
appliance, implement or tool and any component or fitting of, or
3
accessory to, any machinery, equipment, appliance, implement or
4
tool.
5
premises includes any place, and in particular includes:
6
(a) any land, building or part of any building, and
7
(b) any vehicle, vessel or aircraft, and
8
(c) any installation on land, on the bed of any waters or floating
9
on any waters, and
10
(d) any tent or moveable structure.
11
previous offender, in relation to the maximum penalty for an
12
offence, means a person who has, at any time before being
13
sentenced for that offence, been convicted of any other offence of
14
any kind against:
15
(a) this Act, or
16
(b) the Mines Inspection Act 1901, or
17
(c) the Occupational Health and Safety Act 2000, or
18
(d) the Occupational Health and Safety Act 1983.
19
production operations includes development works carried out for
20
the purposes of production operations at a mine.
21
quarry includes any place, open cut, or excavation in which or by
22
which any operation is carried on above ground for or in connection
23
with the purpose of obtaining any quarry product and any place
24
adjoining that place on which any product of the quarry is stacked,
25
stored or treated.
26
quarry product means conglomerate, sandstone, shale, basalt,
27
andesite, trachyte, porphyry and any other rock, or sand, clay, shale,
28
gravel, soil, peat and any other material connected with the
29
formation or weathering of rock, extracted or treated for commercial
30
or industrial purposes but does not include coal.
31
risks--see section 6.
32
site check inspector, in relation to a mine, means a person elected
33
under section 151 as a site check inspector for the mine.
34
stop work order means an order under section 112.
35
supervisor means a person nominated as a supervisor in the
36
management structure for a mine.
Page 5
Clause 4 Mine Health and Safety Bill 2002
Part 1 Preliminary
1
treatment means:
2
(a) the crushing, grinding, classifying, reducing, smelting,
3
concentrating, precipitating or separating of any product of a
4
mine or of any quarry product, or
5
(b) any other process, or part of a process, for obtaining any metal
6
or mineral from the product of a mine, or
7
(c) the mixing of any quarry product with any substance so as to
8
produce ready mix concrete or bitumen hot mix, or
9
(d) the sorting, grading and preparation of recycled concrete,
10
recycled brick, recycled bitumen, recycled stone or recycled
11
rock to be blended with any quarry product.
12
underground mine means a mine in which persons are employed
13
below ground when the mine is being worked.
14
vehicle includes any mechanically driven machine capable of
15
moving under its own power.
16
4 Certain things are part of a mine
17
For the purposes of this Act, any building, structure, pit, shaft, drive,
18
level, incline, decline, excavation or work within a mine holding:
19
(a) that is in the course of construction and that is intended to be
20
part of a mine, or
21
(b) that is a part of a mine and that is in the course of being
22
abandoned, or
23
(c) that is a part of a mine the operations at or in which are in the
24
course of being discontinued,
25
is taken to be part of a mine.
26
5 When an employee is at work
27
For the purposes of this Act, an employee is at work at a mine
28
throughout the time when the employee is at the mine, but not
29
otherwise.
30
6 Risks arising from activities at work
31
For the purposes of this Act, risks arising out of the activities of
32
persons at work include risks attributable to:
33
(a) the manner of conducting an undertaking, or
Page 6
Mine Health and Safety Bill 2002 Clause 7
Preliminary Part 1
1
(b) the plant or substances used for the purposes of an
2
undertaking, or
3
(c) the condition of premises (or any part of premises) used for
4
the purposes of an undertaking.
5
7 Notes
6
Notes included in this Act do not form part of this Act.
Page 7
Clause 8 Mine Health and Safety Bill 2002
Part 2 Application of Act
Part 2 Application of Act 1
2
8 Application of Act
3
(1) This Act applies to the following places of work (which are called
4
mines in this Act):
5
(a) any place within a mine holding,
6
(b) any place where any of the following activities take place:
7
(i) the extraction of material from land for the purpose of
8
recovering minerals or quarry product,
9
(ii) the rehabilitation of land during or after mining or
10
quarrying or the rehabilitation of any place that has
11
been affected due to such a process of extraction or
12
treatment of materials so extracted,
13
(iii) the exploration for minerals or quarry product,
14
(iv) the treatment of extracted material at or near the
15
extraction site,
16
(v) the storage of waste from or treatment of the mineral or
17
quarry material at or near a mine or quarry site,
18
(vi) recycling operations at or near a mine or quarry site that
19
are reasonably connected with the extraction operations
20
at that mine or quarry,
21
(vii) the treatment and separation of zircon, rutile, ilmenite,
22
monazite and associated materials,
23
(c) ready-mix concrete or bitumen hot mix plants adjoining a
24
quarry and with a directly shared workforce and management
25
structure,
26
(d) any mine or quarry used for educational or tourist purposes,
27
whether or not the mine or quarry is in operation,
28
(e) any area declared by the Minister to be a mine by notice
29
published in the Gazette.
30
(2) Part 6 also applies to abandoned mines or quarries and to operations
31
associated with the care, security or maintenance of mines and
32
quarries when mining or quarrying is suspended, including sites
33
during restoration, decommissioning or abandonment.
Page 8
Mine Health and Safety Bill 2002 Clause 9
Application of Act Part 2
9 Act does not apply to certain mines 1
2
The Minister may, by notice published in the Gazette, declare that
3
this Act does not apply to any mine, or any class of mines, specified
4
in the notice.
5
10 Act does not apply to coal mines
6
This Act does not apply to a place of work to which the Coal Mine
7
Health and Safety Act 2002 applies.
8
11 Act does not apply to civil engineering work
9
(1) Subject to the regulations and any declaration made by the Minister
10
under section 8 (1) (e), this Act does not apply to the extraction or
11
treatment of quarry material where those activities are an integral
12
part of any civil engineering work.
13
(2) Subject to the regulations, this Act does not apply to underground
14
work involving such activities even if they are an integral part of any
15
civil engineering work.
16
(3) In this section, civil engineering work means the construction,
17
structural alteration, repair, maintenance and demolition of, for
18
example, airports, docks, harbours, inland waterways, dams, river
19
and avalanche and sea defence works, roads and highways,
20
railways, bridges and tunnels, viaducts and works related to the
21
provision of services such as communications, drainage, sewerage,
22
water and energy supplies.
23
12 Act does not apply to certain other operations
24
This Act does not apply to any part of a mine used for the purpose
25
only of manufacturing bricks, tiles, pottery, earthenware pipes,
26
terracotta, china ware, refractory material or cement.
27
13 Act to bind Crown
28
This Act binds the Crown in right of New South Wales and, in so far
29
as the legislative power of Parliament permits, the Crown in all its
30
other capacities.
Page 9
Clause 14 Mine Health and Safety Bill 2002
Part 3 Objects of Act
Part 3 Objects of Act 1
2
14 Objects of Act
3
The objects of this Act are:
4
(a) to assist in securing the objects of the Occupational Health
5
and Safety Act 2000 at mines (including the object of securing
6
and promoting the health, safety and welfare of persons at
7
work at mines or related places), and
8
(b) to ensure that the particular hazards associated with mines are
9
identified, assessed and eliminated or controlled, and
10
(c) to ensure that effective provisions for emergencies are
11
developed and maintained at mines, and
12
(d) to ensure that managers, supervisors and employees are
13
competent, by ensuring that appropriate health and safety
14
competencies are defined and implemented in the mining and
15
quarrying industry.
Page 10
Mine Health and Safety Bill 2002 Clause 15
Application of Occupational Health and Safety Act 2000 Part 4
Part 4 Application of Occupational Health and 1
Safety Act 2000 2
Note.
3
The Occupational Health and Safety Act 2000 is the main Act that deals with the
4
health, safety and welfare of persons at work, including persons at work at a
5
mine. This Part explains how this Act fits in with the Occupational Health and
6
Safety Act 2000. Basically, this Act creates additional protections, rights and
7
obligations necessary because of the special risks associated with mines. It
8
should be read as if it were part of the Occupational Health and Safety Act 2000.
9
This Part makes it clear that this Act provides for an increase in the standard of
10
protection of persons at work at mines and never results in lesser protection
11
than the Occupational Health and Safety Act 2000 would otherwise provide.
12
15 Act to be read as part of OH&S Act
13
This Act and the regulations made under this Act are to be read and
14
interpreted as if they formed part of the Occupational Health and
15
Safety Act 2000.
16
16 Act adds to protection provided by the OH&S Act
17
If a provision of the Occupational Health and Safety Act 2000 or the
18
regulations made under that Act applies to mines, that provision
19
continues to apply, and must be observed, in addition to this Act or
20
the regulations made under this Act.
21
Note. For example, Part 2 of the Occupational Health and Safety Act 2000
22
imposes duties relating to health, safety and welfare at mines. So does Part 5
23
of this Act. The provisions of this Act apply in addition to those of the OH&S Act
24
and do not remove any OH&S protections, rights or obligations.
25
17 OH&S Act prevails
26
(1) If a provision of this Act or the regulations made under this Act is
27
inconsistent with a provision of the Occupational Health and Safety
28
Act 2000 or the regulations made under that Act, the Occupational
29
Health and Safety Act 2000 or the regulations made under it prevail
30
to the extent of the inconsistency.
31
Note. For example, if a provision of this Act deals with a certain matter and a
32
provision of the Occupational Health and Safety Act 2000 deals with the same
33
matter and it is impossible to comply with both provisions, then a person must
34
comply with the Occupational Health and Safety Act 2000 and not with this Act.
35
If provisions of both Acts deal with the same matter but it is possible to comply
36
with both provisions, then a person must comply with both Acts.
37
(2) This section is subject to section 116.
Page 11
Clause 18 Mine Health and Safety Bill 2002
Part 4 Application of Occupational Health and Safety Act 2000
18 Compliance with this Act is no defence to prosecution under OH&S 1
2
Act
3
Compliance with this Act or the regulations made under this Act, or
4
with any requirement imposed under this Act or the regulations, is
5
not in itself a defence in any proceedings for an offence against the
6
Occupational Health and Safety Act 2000 or the regulations made
7
under that Act.
8
Note. For example, a person may be guilty of an offence under the
9
Occupational Health and Safety Act 2000 in respect of any act or omission that
10
is expressly required or permitted to be done or omitted by or under this Act or
11
the regulations made under this Act.
12
19 Relationship between duties under this Act and OH&S Act
13
Evidence of a relevant contravention of this Act or the regulations
14
made under this Act is admissible in any proceedings for an offence
15
against the Occupational Health and Safety Act 2000 or the
16
regulations made under that Act.
17
20 No double jeopardy
18
Where an act or omission constitutes an offence:
19
(a) under this Act or the regulations made under this Act, and
20
(b) under the Occupational Health and Safety Act 2000 or the
21
regulations made under that Act,
22
the offender is not liable to be punished twice in respect of the
23
offence.
24
21 Documents
25
To avoid doubt, any documents or plans that by virtue of this Act or
26
the regulations are required to be kept at the office of a mine are
27
taken to be documents directly affecting the occupational health and
28
safety of employees within the meaning of section 81 of the
29
Occupational Health and Safety Act 2000.
Page 12
Mine Health and Safety Bill 2002 Clause 22
Duties relating to health, safety and welfare at mines Part 5
Part 5 Duties relating to health, safety and welfare 1
at mines 2
Note.
3
Part 2 of the Occupational Health and Safety Act 2000 imposes duties relating
4
to health, safety and welfare at work on employers and others. Those duties
5
apply to work at mines.
6
This Part imposes extra duties.
Division 1 Duties of mine holders 7
Note.
8
Section 8 of the Occupational Health and Safety Act 2000 imposes duties on
9
employers. If a mine holder nominates himself, herself or itself as the operator
10
of the mine, the mine holder has the duties in that section as the employer of its
11
employees and has duties in relation to other persons who work at the mine.
12
Section 10 of the Occupational Health and Safety Act 2000 imposes duties on
13
a person who has control of premises used by persons as a place of work. If a
14
mine holder nominates a person other than himself, herself or itself as the
15
operator of the mine, the mine holder is, for the purpose of that Act, a person
16
who has control of the premises constituted by the mine and so has duties under
17
that section.
18
This Division imposes some extra duties on mine holders.
19
22 Duty to nominate the operator of a mine
20
(1) A mine holder must not undertake any work, or allow any other
21
person to undertake any work, at a mine unless the mine holder has
22
nominated one person who is the employer with the day to day
23
control of the mine as the operator of the mine.
24
(2) A nomination must be made in writing to the Chief Inspector.
25
(3) A mine holder may nominate himself, herself or itself as the
26
operator of a mine in the mine holding.
27
(4) A nomination under this section must be in the form prescribed by
28
the regulations.
29
(5) The Chief Inspector must tell the mine holder who made the
30
nomination if the nomination has been rejected. This must be done
31
within 28 days of receiving the nomination.
32
(6) The Chief Inspector may reject a nomination under this section:
33
(a) if the Chief Inspector believes that the nominated operator is
34
not the employer with the day to day control of the mine, or
35
(b) in circumstances prescribed by the regulations.
36
(7) If a nomination is rejected it is taken not to have been made.
Page 13
Clause 23 Mine Health and Safety Bill 2002
Part 5 Duties relating to health, safety and welfare at mines
1
(8) If an operator whose nomination has not been rejected under this
2
section ceases to be, or proposes to cease to be, the operator of the
3
mine, the mine holder must not undertake any mining, or allow any
4
other person to undertake any mining, at the mine unless the mine
5
holder has nominated another operator of the mine. This section
6
applies to a further nomination in the same way as it applies to an
7
initial nomination.
8
(9) This section does not require a mine holder to nominate an operator
9
if a previous mine holder of the mine holding nominated an operator
10
other than himself, herself or itself and that nomination was
11
accepted.
12
23 Chief Inspector may declare person an operator
13
If it appears to the Chief Inspector that there is no operator of a mine
14
or no mine holder exists in relation to a mine, the Chief Inspector
15
may declare by notice in writing that a specified person is the
16
operator of a mine.
17
24 Mine holder must give operator health and safety information
18
(1) If a mine holder nominates a person other than himself, herself or
19
itself as the operator of a mine, the mine holder must provide the
20
person nominated with all information available to the mine holder
21
that may reasonably be relevant to the development and
22
implementation of a mine safety management plan for the mine.
23
(2) The regulations may prescribe the information that must be
24
provided under this section.
25
25 Penalty for offence against this Division
26
A mine holder who contravenes, whether by act or omission, a
27
provision of this Division is guilty of an offence against that
28
provision.
29
Maximum penalty: 250 penalty units.
Page 14
Mine Health and Safety Bill 2002 Clause 26
Duties relating to health, safety and welfare at mines Part 5
Division 2 Duties of operators of mines 1
Note.
2
Section 8 (1) of the Occupational Health and Safety Act 2000 imposes duties on
3
employers in relation to their employees. The operator of a mine has those
4
duties in relation to its employees. This Division imposes some extra duties on
5
operators, including in relation to other persons who work at the mine.
Subdivision 1 General duties 6
7
26 Identification of hazards and assessment of risks
8
(1) The operator of a mine must ensure that work is not carried out by
9
any person at the mine unless:
10
(a) the operator has identified all reasonably foreseeable hazards
11
arising from the work at the operation, and
12
(b) the operator has assessed any risk of harm to any person from
13
those hazards.
14
(2) The regulations may make provision for or with respect to the
15
conduct and documentation of the identification of hazards and
16
assessment of risk under this section.
17
27 Elimination or control of risks
18
The operator of a mine must ensure that any reasonably foreseeable
19
risk of harm to any person from the operation is eliminated or, where
20
it is not reasonably practicable for that risk to be eliminated, that it
21
is controlled.
22
28 Worker safety
23
The operator of a mine must ensure that all persons working at the
24
mine (including managers and supervisors) have the necessary
25
skills, competence and resources to undertake their work safely and
26
to ensure the safety of others.
Subdivision 2 Mine safety management plans 27
28
29 Duty of operator to prepare mine safety management plan
29
(1) The operator of a mine at which work is carried out must prepare a
30
statement in accordance with this Act and the regulations, stating
31
how the health and safety of the persons who work at the mine, or
32
who are directly affected by the mine, will be protected. This is a
33
mine safety management plan.
Page 15
Clause 30 Mine Health and Safety Bill 2002
Part 5 Duties relating to health, safety and welfare at mines
1
(2) For the purposes of this section, a person may be directly affected
2
by a mine even if the person is not inside the mine.
3
(3) The regulations may specify which persons or classes of persons are
4
directly affected by a mine for the purposes of this Subdivision.
5
(4) This section does not require an operator to prepare a mine safety
6
management plan for a mine if a previous operator of the mine
7
prepared a plan that complies with this Act and the regulations.
8
30 No work without mine safety management plan
9
The operator of a mine must ensure that work is not carried out by
10
any person at the mine unless a mine safety management plan that
11
complies with this Act and the regulations is implemented for the
12
mine.
13
31 Duty of operator to ensure compliance with mine safety
14
management plan
15
The operator of a mine must ensure that mining at the mine is carried
16
out in compliance with the mine safety management plan for the
17
mine. This includes activities undertaken by contractors who
18
undertake work at the mine.
19
32 Contents of mine safety management plan
20
(1) A mine safety management plan must include summaries of, or
21
references to:
22
(a) any regulations made under this Act in respect of the mine,
23
and
24
(b) any systems, policies, programs, plans and procedures
25
developed and implemented under this Act or the regulations
26
in respect of the mine, and
27
(c) any codes, standards or guidelines that apply to the mine.
28
(2) A mine safety management plan must include:
29
(a) the document that sets out the management structure required
30
under Subdivision 3, and
31
(b) the contractor management plan required under Subdivision
32
4, and
33
(c) the emergency plan required under Subdivision 5, and
34
(d) any other matter required by the regulations.
Page 16
Mine Health and Safety Bill 2002 Clause 33
Duties relating to health, safety and welfare at mines Part 5
33 Consultation 1
2
The persons who work at the mine must be consulted, in the manner
3
required by the regulations, during the preparation of the mine
4
safety management plan and before its amendment.
5
34 Obligations concerning mine safety management plan
6
The operator of a mine must:
7
(a) communicate the mine safety management plan, or a
8
summary of the plan, to the persons working at the mine, and
9
(b) regularly review the mine safety management plan through a
10
process of consultation with those persons, and
11
(c) ensure that no contractor starts work at the mine without
12
having been provided with a copy of the mine safety
13
management plan for places of work relevant to the
14
contractor.
15
35 Access to mine safety management plan
16
(1) An up-to-date copy of the mine safety management plan for a mine
17
must be kept at the on-site office of the mine by the operator of the
18
mine and must be made available for inspection by:
19
(a) a government official, or
20
(b) a site check inspector for the mine, or
21
(c) an authorised representative who is entitled to exercise
22
functions in relation to the mine, or
23
(d) any person who works at the mine.
24
(2) The operator of a mine must immediately supply the Chief Inspector
25
with an up-to-date copy of the mine safety management plan for the
26
mine if the Chief Inspector requests a copy.
27
36 Former operator must return information
28
If a person ceases to be the operator of a mine, that person must
29
return to the mine holder any information provided to the person
30
under section 24 (1) or otherwise obtained by the person in the
31
course of exercising the functions of an operator prescribed by the
32
regulations, whether or not updated by the operator. That
33
information must be returned as soon as practicable after the person
34
ceases to be the operator.
Page 17
Clause 37 Mine Health and Safety Bill 2002
Part 5 Duties relating to health, safety and welfare at mines
Subdivision 3 Management structure 1
2
37 Operator must prepare management structure
3
(1) As part of the mine safety management plan for a mine, the operator
4
of the mine must prepare a document that sets out the management
5
structure of the mine.
6
(2) The management structure must nominate persons within the
7
structure by position and must outline their areas of responsibility
8
and accountability.
9
(3) The management structure must include competent persons with
10
appropriate mining, electrical and mechanical engineering
11
competence.
12
(4) The management structure for a mine must include a competent
13
person to perform the functions of a production manager.
14
(5) The management structure for a mine must include competent
15
persons to perform the functions of supervisors of the operation.
16
(6) An operator must take the steps required by the regulations to
17
maintain the management structure. This may include, but is not
18
limited to, having others acting in, and the timely filling of, vacant
19
positions in the structure.
20
(7) During an emergency, the management structure of a mine may be
21
suspended and a different management structure may be put into
22
place for the duration of the emergency.
23
38 Register of persons occupying positions
24
(1) The operator of a mine must keep a register at the site of the mine
25
containing the names of persons occupying positions in the
26
management structure for the operation.
27
(2) The register must cover both current occupants of positions and
28
occupants for the previous 5 years (including any period before the
29
commencement of this section).
30
(3) The register is to be made available for inspection on request by a
31
government official, a site check inspector or by any person who
32
works at the mine.
Page 18
Mine Health and Safety Bill 2002 Clause 39
Duties relating to health, safety and welfare at mines Part 5
Subdivision 4 Duties regarding contractors 1
2
39 Operator to prepare contractor management plan
3
As part of the mine safety management plan for a mine, the operator
4
of a mine at which contractors are proposed to be used must prepare
5
a contractor management plan, stating how the risks arising from the
6
use of contractors at the mine will be managed.
7
40 Content of contractor management plan
8
A contractor management plan for a mine must make provision for
9
the matters prescribed by the regulations.
10
41 Operator to ensure contractor's familiarity with systems
11
The operator of a mine at which any contractor proposes to work
12
must ensure, before that work commences, that consultation occurs
13
with the contractor so that:
14
(a) the contractor is familiar with the relevant parts of the mine
15
safety management plan for the mine, and
16
(b) the contractor's arrangements for mine safety management
17
are consistent with the mine safety management plan for the
18
mine.
19
42 Duties of operator regarding contractors
20
(1) An operator of a mine must ensure:
21
(a) that every contractor who works at the mine is directed to
22
comply with the requirements of this Act and the regulations,
23
of the Occupational Health and Safety Act 2000 and of the
24
regulations made under that Act, and
25
(b) that the activities of the contractor are monitored to the extent
26
necessary to determine whether or not the contractor is
27
complying with the operator's mine safety management plan
28
or with the contractor's safety management plan (if any has
29
been accepted under section 65) and with the requirements of
30
this Act and the regulations, of the Occupational Health and
31
Safety Act 2000 and of the regulations made under that Act,
32
and
33
(c) if the contractor is not so complying, that the contractor is
34
directed to take action immediately to comply with the safety
35
management plan or the requirements of this Act and the
Page 19
Clause 43 Mine Health and Safety Bill 2002
Part 5 Duties relating to health, safety and welfare at mines
1
regulations, of the Occupational Health and Safety Act 2000
2
or of the regulations made under that Act, and
3
(d) that if a risk to the health or safety of a person arises because
4
of the non-compliance, the contractor is directed to stop work
5
immediately and not to resume work until those requirements
6
are complied with, unless an immediate cessation of work is
7
likely to increase the risk to health and safety, in which event
8
the contractor must be directed to stop work as soon as it is
9
safe to do so, and
10
(e) that the contractor and the contractor's employees receive
11
induction training with respect to occupational safety and
12
health as specified in the mine safety management plan for the
13
mine, and
14
(f) that the contractor is provided with details of any changes
15
made to the mine safety management plan for the mine.
16
(2) A failure by an operator to give a direction, or to ensure that a
17
direction is given, under this section does not affect any liability of
18
the contractor under this Act or the regulations or under the
19
Occupational Health and Safety Act 2000 or the regulations made
20
under that Act.
Subdivision 5 Emergency management 21
22
43 Meaning of "emergency"
23
For the purposes of this Subdivision, an emergency exists at a mine
24
when a situation is not envisaged or controlled and there is a threat
25
to the life or physical well-being of persons at or outside the mine.
26
44 Operator must prepare emergency plan
27
The operator of a mine must ensure that an emergency plan that
28
complies with this Subdivision is prepared for the mine.
29
45 No mining or quarrying without emergency plan
30
The operator of a mine must ensure that work is not carried out at
31
the mine unless an emergency plan that complies with this
32
Subdivision is implemented for the mine.
Page 20
Mine Health and Safety Bill 2002 Clause 46
Duties relating to health, safety and welfare at mines Part 5
46 Contents of emergency plan 1
2
(1) An emergency plan must contain an up-to-date plan of the mine and
3
any other plan required by the regulations.
4
(2) An emergency plan must adequately address, but is not limited to
5
addressing, the following matters:
6
(a) emergency evacuation,
7
(b) any other matter prescribed by the regulations.
8
47 Review and testing
9
(1) The operator of a mine must ensure that the emergency plan for the
10
mine is reviewed and tested:
11
(a) as soon as practicable after any emergency has occurred at the
12
mine, and
13
(b) whenever the mine safety management plan for the mine is
14
reviewed.
15
(2) The persons who work at the mine must be consulted, in the manner
16
prescribed by the regulations, during the review.
17
(3) A review under this section is required only to consider the relevant
18
parts of the emergency plan.
Subdivision 6 Keeping of records and reporting 19
20
48 Keeping of records by operators
21
The operator of a mine must keep the records concerning health and
22
safety that are required by the Act or the regulations, in the manner
23
required by the regulations and for at least the time required by the
24
regulations.
25
49 Reporting by operators
26
The operator of a mine must make the reports concerning health and
27
safety that are required by the regulations, in the manner required by
28
the regulations.
Page 21
Clause 50 Mine Health and Safety Bill 2002
Part 5 Duties relating to health, safety and welfare at mines
Subdivision 7 Penalties 1
2
50 Penalty for offence against this Division
3
An operator or former operator of a mine who contravenes, whether
4
by act or omission, a provision of this Division is guilty of an
5
offence against that provision.
6
Maximum penalty:
7
(a) in the case of a corporation (being a previous offender)--
8
7,500 penalty units, or
9
(b) in the case of a corporation (not being a previous offender)--
10
5,000 penalty units, or
11
(c) in the case of an individual (being a previous offender)--750
12
penalty units or imprisonment for 2 years, or both, or
13
(d) in the case of an individual (not being a previous offender)--
14
500 penalty units.
Subdivision 8 Saving of certain notices and directions 15
16
51 Saving of certain notices and directions
17
(1) If a notice or direction is given under this Act to a person as the
18
operator of a mine and that person is replaced as operator by another
19
person, any notice or direction is taken to have been given to the
20
new operator.
21
(2) Nothing in this section affects any liability for an offence committed
22
by a person when the person was an operator of a mine.
Division 3 Duties and rights of employees 23
Note.
24
Sections 20 and 25 of the Occupational Health and Safety Act 2000 impose
25
duties on employees. This Division imposes some extra duties and confers a
26
right on employees.
27
52 Duties of employees
28
(1) An employee who works at any mine:
29
(a) must comply with the mine safety management plan for the
30
mine, and
31
(b) must follow the operator's procedures for emergencies as set
32
out in the emergency plan for the mine, and
Page 22
Mine Health and Safety Bill 2002 Clause 53
Duties relating to health, safety and welfare at mines Part 5
1
(c) participate in the implementation of the occupational safety
2
and health personnel development program applicable to the
3
mine, if required to do so by the operator, and
4
(d) must, before commencing work and at frequent intervals
5
during the person's work day, carefully examine the working
6
place and any machinery or system intended to be used so as
7
to be satisfied that it is safe, and
8
(e) must suspend work until any danger at the mine is remedied,
9
and
10
(f) must take any actions within his or her responsibility to
11
control a danger at the mine, and
12
(g) if he or she is the employee of a contractor, must comply with
13
any safety management plan of the contractor that has been
14
accepted under section 65.
15
(2) An employee who works at a mine must inform the operator of any
16
circumstances that the employee considers may lead to a loss of
17
control of a major hazard.
18
(3) An employee who works at a mine must immediately report to his
19
or her immediate supervisor any situation that the employee
20
believes could present a risk to health and safety and that is not
21
within the employee's competence to control. If the employee's
22
supervisor is not immediately available, the employee must instead
23
immediately report to another senior person at the mine.
24
Maximum penalty:
25
(a) in the case of a previous offender--45 penalty units, or
26
(b) in any other case--30 penalty units.
27
53 Rights of employees
28
An employee who works at a mine has the right to remove himself
29
or herself from any location at the mine when circumstances arise
30
that appear to the employee, with reasonable justification, to pose a
31
serious danger to his or her own health, safety or welfare.
32
54 Employees cannot be unlawfully dismissed or victimised
33
(1) An employer of any person who works at a mine must not dismiss
34
an employee, injure an employee in his or her employment or alter
35
an employee's position to his or her detriment for any one or more
36
of the following reasons, or for reasons including any one or more
37
of the following reasons:
Page 23
Clause 54 Mine Health and Safety Bill 2002
Part 5 Duties relating to health, safety and welfare at mines
1
(a) the employee participates in a consultation process required
2
by this Act or the regulations,
3
(b) the employee exercises rights under this Act or the
4
regulations,
5
(c) the employee reports a notifiable incident (within the meaning
6
of section 100),
7
(d) in connection with a health and safety matter, the employee
8
seeks the assistance of, or reports a matter to, an authorised
9
representative,
10
(e) the employee performs functions or complies with duties
11
under this Act or the regulations or assists a government
12
official,
13
(f) the employee is, or standing for election to be, a site check
14
inspector.
15
(2) In proceedings for an offence against this section, if all the facts
16
constituting the offence other than the reason for the defendant's
17
action are proved, the onus of proving that the dismissal, injury or
18
alteration was not actuated by the reason alleged in the charge lies
19
on the defendant.
20
(3) If a person is found guilty by a court of contravening this section,
21
the court may order the person:
22
(a) to pay the employee a specified sum by way of reimbursement
23
for the salary or wages lost by the employee, and
24
(b) to reinstate the employee to his or her usual position or a
25
similar position.
26
(4) Such a person must give effect to an order of the court under
27
subsection (3).
28
Maximum penalty (subsections (1) and (3)):
29
(a) in the case of a corporation (being a previous offender)--375
30
penalty units, or
31
(b) in the case of a corporation (not being a previous offender)--
32
250 penalty units, or
33
(c) in the case of an individual (being a previous offender)--225
34
penalty units, or
Page 24
Mine Health and Safety Bill 2002 Clause 55
Duties relating to health, safety and welfare at mines Part 5
1
(d) in the case of an individual (not being a previous offender)--
2
150 penalty units.
3
Note. An employer of any person who works at a mine has a duty under section
4
23 of the Occupational Health and Safety Act 2000 not to unlawfully dismiss or
5
victimise employees. This section imposes an additional duty.
6
55 Division applies to employees of contractor
7
This Division applies to an employee of a contractor who works at
8
a mine, to the extent that it applies to work done by the employee,
9
in the same way as it applies to an employee of an operator.
Division 4 Duties of those in management positions 10
Note.
11
Section 26 of the Occupational Health and Safety Act 2000 imposes duties on
12
those in management positions because it provides that where a corporation
13
contravenes a provision of the Act or the regulations, then each director and
14
each person concerned in the management of the corporation is taken to have
15
contravened the same provision unless they can establish a defence. This
16
Division imposes additional duties on those in management positions.
17
56 Those in management positions must comply with mine safety
18
management plan
19
(1) A person who holds a management position at a mine must comply
20
with the mine safety management plan for the mine.
21
(2) A person who holds a management position at a mine and is an
22
employee of a contractor must comply with any safety management
23
plan of the contractor that has been accepted by the operator in
24
accordance with section 65.
25
57 Those in management positions must inform operator of non-
26
compliance
27
(1) A person who holds a management position at a mine must inform
28
the operator of the mine if he or she is aware that the conduct of the
29
mine does not conform with the Occupational Health and Safety Act
30
2000 or the regulations made under that Act or with this Act or the
31
regulations made under this Act.
32
(2) A failure by a person to inform the operator under this section does
33
not affect any liability of the operator under the Occupational
34
Health and Safety Act 2000 or the regulations made under that Act
35
or under this Act or the regulations made under this Act.
Page 25
Clause 58 Mine Health and Safety Bill 2002
Part 5 Duties relating to health, safety and welfare at mines
58 Further obligations 1
2
A person who holds a management position at a mine:
3
(a) must ensure that the workplace and work methods for which
4
he or she is responsible are safe, and
5
(b) must ensure that hazards at the workplace for which he or she
6
is responsible are identified and that associated risks are
7
controlled, and
8
(c) must ensure that safety information concerning the workplace
9
for which he or she is responsible is communicated to relevant
10
persons, particularly other supervisors at the change of a shift,
11
and
12
(d) must ensure that safety matters at the workplace for which he
13
or she is responsible but that he or she cannot resolve are
14
reported to the relevant manager, and
15
(e) must have regard to appropriate risk management standards at
16
the workplace for which he or she is responsible, and
17
(f) must implement risk management practices in areas that he or
18
she controls.
19
59 Penalty for offence against this Division
20
A person who contravenes, whether by act or omission, a provision
21
of this Division is guilty of an offence against that provision.
22
Maximum penalty:
23
(a) in the case of a previous offender--75 penalty units, or
24
(b) in any other case--50 penalty units.
Division 5 Duties of supervisors 25
26
60 Supervisor must comply with mine safety management plan
27
(1) A supervisor at a mine must comply with the mine safety
28
management plan for the mine.
29
(2) A supervisor at a mine who is an employee of a contractor must
30
comply with any safety management plan of the contractor that has
31
been accepted by the operator in accordance with section 65.
Page 26
Mine Health and Safety Bill 2002 Clause 61
Duties relating to health, safety and welfare at mines Part 5
61 Supervisor must inform operator of non-compliance 1
2
(1) A supervisor at a mine must inform the operator of the mine if he or
3
she is aware that the conduct of the mine does not conform with the
4
Occupational Health and Safety Act 2000 or this Act or the
5
regulations under either Act.
6
(2) A failure by a supervisor to inform the operator under this section
7
does not affect any liability of the operator under the Occupational
8
Health and Safety Act 2000 or this Act or the regulations under
9
either Act.
10
62 Further obligations
11
A supervisor at a mine:
12
(a) must ensure that safety information concerning that part or
13
aspect of the workplace for which he or she is responsible is
14
communicated to relevant persons, particularly other
15
supervisors at the change of a shift, and
16
(b) must have regard to appropriate risk management standards,
17
and
18
(c) must implement risk management practices in that part or
19
aspect of the workplace for which he or she is responsible.
20
63 Penalty for offence against this Division
21
A person who contravenes, whether by act or omission, a provision
22
of this Division is guilty of an offence against that provision.
23
Maximum penalty:
24
(a) in the case of a previous offender--75 penalty units, or
25
(b) in any other case--50 penalty units.
Division 6 Duties of and in relation to contractors 26
Note.
27
A contractor who works at a mine will have obligations as an employer under
28
section 8 of the Occupational Health and Safety Act 2000 or as a self-employed
29
person under section 9 of that Act.This Division imposes extra duties on
30
contractors in relation to mines.
31
64 Contractor must comply with operator's mine safety management
32
plan
33
A contractor who works at a mine must comply with the mine safety
34
management plan of the operator for the mine to the extent that it
35
applies to work done by the contractor.
Page 27
Clause 65 Mine Health and Safety Bill 2002
Part 5 Duties relating to health, safety and welfare at mines
65 Contractor's safety management plan 1
2
(1) A contractor who works at a mine may prepare a safety management
3
plan that includes an assessment of risks associated with the work to
4
be carried out by the contractor at the mine.
5
(2) The safety management plan must address occupational health and
6
safety issues and must include (but is not limited to) details of the
7
following:
8
(a) the work process,
9
(b) the equipment to be used in the work process,
10
(c) the standards or codes to be complied with,
11
(d) the records to be kept of the process,
12
(e) the competencies of the personnel doing the work,
13
(f) safe work method statements for all work activities assessed
14
as having risks,
15
(g) any other matter prescribed by the regulations.
16
(3) A contractor may provide the safety management plan of the
17
contractor to the operator of a mine at which the contractor proposes
18
to work for the operator's acceptance.
19
(4) The operator or a mine must not accept the safety management plan
20
of a contractor, or any proposed amendment to the plan, unless:
21
(a) in the opinion of the operator, the plan is compatible with, and
22
contains an equivalent standard of risk assessment and
23
provides for an equivalent standard of safety to, the mine
24
safety management plan for the mine, and
25
(b) the plan is otherwise acceptable to the operator.
26
(5) If the safety management plan of a contractor is accepted by the
27
operator of a mine, the contractor must maintain and keep the safety
28
management plan up-to-date and must submit to the operator any
29
proposed amendment to the plan for the operator's acceptance.
30
(6) A contractor who has prepared and had accepted a safety
31
management plan must keep a copy of the plan at every mine where
32
the contractor works and must make the plan and record available
33
for inspection on request by any authorised person or by any site
34
check inspector.
Page 28
Mine Health and Safety Bill 2002 Clause 66
Duties relating to health, safety and welfare at mines Part 5
1
(7) A contractor or sub-contractor of the contractor who works at a
2
mine must comply with the contractor's safety management plan, if
3
that plan has been accepted by the operator in accordance with this
4
section.
5
(8) Despite sections 52, 56, 60, 64 and 68, a contractor, employee of a
6
contractor or subcontractor who works at a mine in compliance with
7
the contractor's safety management plan accepted by the operator
8
under this section only needs to comply with the mine safety
9
management plan of the operator to the extent that they are required
10
to do so by the contractor's mine safety management plan.
11
(9) A contractor must ensure that a copy of the contractor's safety
12
management plan is available for inspection during the course of
13
work:
14
(a) by any person working at the place of work concerned and by
15
any person about to commence work at that place, and
16
(b) by a representative of the operator, a government official, a
17
site check inspector or an authorised representative.
18
66 Duties of contractors regarding safe work method statement
19
(1) A contractor must not commence work at a mine unless the
20
contractor:
21
(a) has undertaken an assessment of the risks associated with the
22
work to be carried out by the contractor, and
23
(b) has prepared a written safe work method statement that
24
includes a copy of the assessment of risks, and
25
(c) has provided a copy of that statement to a person designated
26
by the operator of the mine.
27
(2) A safe work method statement must:
28
(a) describe how work is to be carried out, and
29
(b) identify the work activities assessed as having safety and
30
health risks, and
31
(c) identify the safety and health risks, and
32
(d) describe the control measures that will be applied to the work
33
activities, and
34
(e) make provision for any matters that may be required by the
35
regulations.
Page 29
Clause 67 Mine Health and Safety Bill 2002
Part 5 Duties relating to health, safety and welfare at mines
1
(3) A contractor:
2
(a) must maintain and keep up-to-date the contractor's safe work
3
method statement for a place of work, and
4
(b) must provide a person designated by the operator with any
5
changes made to the safe work method statement.
6
67 Contractor to ensure work carried out in accordance with safe work
7
method statement
8
(1) A contractor must ensure that all work carried out by the contractor,
9
or by an employee of the contractor, at a mine is carried out in
10
accordance with the safe work method statement prepared by the
11
contractor in relation to that mine.
12
(2) If a risk to the health or safety of a person arises because of non-
13
compliance with the statement, a contractor must ensure that work
14
is stopped immediately and does not resume until the statement is
15
complied with.
16
(3) However, if the immediate cessation of work is likely to increase the
17
risk to health or safety, the contractor is not required to stop the
18
work immediately but must stop the work as soon as it is safe to do
19
so.
20
(4) If there is a conflict between the mine safety management plan for a
21
mine and the safe work method statement of a contractor, the mine
22
safety management plan prevails.
23
68 Contractor's duties regarding subcontractors
24
(1) A contractor who works at a mine must ensure that any
25
subcontractor of the contractor provides the operator of the mine, or
26
a person nominated by the operator, with a written safe work
27
method statement for the work to be carried out by the
28
subcontractor, before the subcontractor commences work at the
29
mine.
30
(2) A contractor who works at a mine must ensure that any
31
subcontractor of the contractor complies with the mine safety
32
management plan of the operator of the mine.
33
(3) A contractor must ensure that, if any change is made to the safe
34
work method statement during the course of work, a copy of any
35
part of the statement that has been changed and that is relevant to a
36
subcontractor or employee of the contractor is provided to the
Page 30
Mine Health and Safety Bill 2002 Clause 69
Duties relating to health, safety and welfare at mines Part 5
1
subcontractor or employee as soon as practicable after the change is
2
made.
3
69 Penalty for offence against this Division
4
A person who contravenes, whether by act or omission, a provision
5
of this Division is guilty of an offence against that provision.
6
Maximum penalty:
7
(a) in the case of a corporation (being a previous offender)--
8
7,500 penalty units, or
9
(b) in the case of a corporation (not being a previous offender)--
10
5,000 penalty units, or
11
(c) in the case of an individual (being a previous offender)--750
12
penalty units or imprisonment for 2 years, or both, or
13
(d) in the case of an individual (not being a previous offender)--
14
500 penalty units.
Division 7 Duties to give notice 15
16
70 Duty to give notice of drilling operations
17
(1) A person must not commence drilling operations unless the person
18
has given the Chief Inspector at least 7 days' written notice of the
19
operations.
20
(2) That notice must contain the details required by the regulations.
21
(3) In this section, drilling operation means any drilling operation
22
carried out in the course of searching for minerals or quarry product,
23
and includes the preparation and restoration of drill sites.
24
71 Other duties to give notice
25
(1) The regulations may require a person, or a person of a specified
26
class, to give notice to the Chief Inspector of the commencement or
27
discontinuation of operations or activities at a mine that are
28
prescribed by the regulations.
29
(2) The regulations may prescribe the amount of notice to be given and
30
the details that are required to be contained in the notice.
31
(3) A person who is required to give notice must comply with the
32
regulations made under this section.
Page 31
Clause 72 Mine Health and Safety Bill 2002
Part 5 Duties relating to health, safety and welfare at mines
72 Penalty for offence against this Division 1
2
A person who contravenes, whether by act or omission, a provision
3
of this Division is guilty of an offence against that provision.
4
Maximum penalty:
5
(a) in the case of a corporation (being a previous offender)--750
6
penalty units, or
7
(b) in the case of a corporation (not being a previous offender)--
8
500 penalty units, or
9
(c) in the case of an individual (being a previous offender)--375
10
penalty units or imprisonment for 2 years, or both, or
11
(d) in the case of an individual (not being a previous offender)--
12
250 penalty units.
Division 8 General 13
14
73 Person may have more than one duty
15
A person on whom a duty is imposed under this Part may be subject
16
to more than one duty under this Part.
17
74 Relationship between duties under this Part and regulations
18
(1) Compliance with the regulations is not in itself a defence in any
19
proceedings for an offence against this Part.
20
(2) However, a relevant contravention of the regulations is admissible
21
in evidence in any proceedings for an offence against this Part.
22
(3) This section is subject to any regulations under section 177.
23
Note. See Part 11 for provisions relating to the use of approved mining industry
24
codes of practice in proceedings for offences against this Part.
25
75 Alternative verdicts
26
If in proceedings against a person for an offence against a provision
27
of this Part the court is not satisfied that the person contravened that
28
provision but is satisfied that the act or omission concerned
29
constituted a contravention of another provision of this Part or of
30
section 8 or 9 of the Occupational Health and Safety Act 2000, the
31
court may convict the person of an offence against that other
32
provision or section.
Page 32
Mine Health and Safety Bill 2002 Clause 76
Duties relating to health, safety and welfare at mines Part 5
76 Multiple contraventions of general duties under this Part 1
2
(1) More than one contravention of a provision of this Part by a person
3
that arise out of the same factual circumstances may be charged as
4
a single offence or as separate offences.
5
(2) This section does not authorise contraventions of 2 or more of those
6
provisions to be charged as a single offence.
7
(3) A single penalty only may be imposed in respect of more than one
8
contravention of any such provision that is charged as a single
9
offence.
10
77 Civil liability not affected by this Part
11
(1) Nothing in this Part is to be construed:
12
(a) as conferring a right of action in any civil proceedings in
13
respect of any contravention, whether by act or omission, of
14
any provision of this Part, or
15
(b) as conferring a defence to an action in any civil proceedings
16
or as otherwise affecting a right of action in any civil
17
proceedings.
18
(2) Subsection (1) does not affect the extent (if any) to which a breach
19
of duty imposed by the regulations is actionable (including any
20
regulation that adapts a provision of this Part).
Page 33
Clause 78 Mine Health and Safety Bill 2002
Part 6 Safety of mines
Part 6 Safety of mines 1
Division 1 Mine plans 2
3
78 Application of Division
4
This Division applies to:
5
(a) a mine at which 20 or more persons are employed, and
6
(b) a mine at which less than 20 persons are employed, if the
7
Chief Inspector has advised the operator of the mine in
8
writing that this Division applies to the mine.
9
79 References to plans
10
A reference in this Division to a plan of a mine includes a reference
11
to sections of the workings of the mine and to correct copies or
12
tracings of any original plan and sections.
13
80 Mine plan must be prepared
14
(1) The operator of a mine must, before the commencement of any
15
operations at the mine, cause an accurate plan of the proposed
16
workings of the mine (a mine plan) to be prepared in accordance
17
with this Division by:
18
(a) a qualified mining engineer, or
19
(b) a production manager, or
20
(c) a mining surveyor authorised by the Chief Inspector.
21
(2) The operator of a mine is not guilty of an offence against this Act of
22
failing to produce a full and accurate plan if the operator shows that
23
he or she did not know or could not reasonably have known that the
24
plan was not a full and accurate plan.
25
81 Contents of mine plan
26
(1) A mine plan must include any previous workings at the mine if any
27
part of the mine has been worked in the past or if the mine was an
28
abandoned mine.
29
(2) The plan must be drawn to a scale showing a distance of not more
30
than 1:1 250 unless the Chief Inspector, in writing, permits the plan
31
to be drawn to another scale.
Page 34
Mine Health and Safety Bill 2002 Clause 82
Safety of mines Part 6
82 Revision of mine plan 1
2
A mine plan must be revised, if necessary, every 3 months to show
3
any significant changes in respect of the workings that have been
4
carried out, or the workings that are proposed to be carried out, at
5
the mine.
6
83 Access to mine plan
7
The plan, as revised from time to time, must be deposited at the
8
office of the mine and must be produced, on request, to an inspector
9
or to any other person authorised in writing by the Chief Inspector
10
to inspect it.
11
84 Inspection of mine plan by government officials
12
(1) The operator of a mine must, if requested by a government official
13
or by a person authorised by the Chief Inspector:
14
(a) mark on the mine plan, to the best of the operator's ability, the
15
progress of the workings of the mine up to the time at which
16
the plan is produced to the inspector or person, and
17
(b) allow the inspector or person to examine the mine plan and to
18
take a copy of it.
19
(2) The operator of a mine must, if requested to do so by the Chief
20
Inspector by notice in writing, provide a government official with a
21
copy of a mine plan (or latest revision of a mine plan) as deposited
22
at the office of the mine within the time specified in the notice.
23
(3) A government official must file any copy of a mine plan provided to
24
the inspector in accordance with this section in the records of the
25
Department.
26
(4) If a government official has reason to think that any mine plan
27
produced to the inspector under this section is incorrect, the official
28
must report the fact to the Chief Inspector who may cause a check
29
survey to be made. If after that check survey is made the mine plan
30
proves to be incorrect in any material respect, the operator of the
31
mine is liable to pay all costs and charges of making such check
32
survey, or in connection with the check survey, and such costs and
33
charges may be recovered by any government official as a fine.
34
85 Government official may require plan of workings carried out
35
(1) A government official may, by notice in writing (whether a penalty
36
for such offence has or has not been imposed), require the operator
Page 35
Clause 86 Mine Health and Safety Bill 2002
Part 6 Safety of mines
1
of a mine to cause an accurate plan of the workings that have been
2
carried out or that are proposed to be carried out to be made and
3
deposited at the office at the mine within a reasonable time at the
4
expense of the operator.
5
(2) The Chief Inspector may by notice in writing direct the operator of
6
any mine to supply to a government official an accurate plan of all
7
the mine workings.
8
(3) An operator must, within 30 days or such further time as may be
9
shown to be necessary after the requisition of the government
10
official, or direction of the Chief Inspector, make and deposit or
11
supply such a plan.
12
86 Plans to be deposited with Minister
13
(1) If any mine (being a mine of which a plan and sections are required
14
under the provisions of this Act to be deposited) is abandoned, the
15
person who at the time of abandonment was the operator must,
16
within 3 months after such abandonment, forward to the Minister an
17
accurate plan of the workings of such mine up to the time of
18
abandonment.
19
(2) Proceedings for an offence under this section may be commenced at
20
any time within 2 years after the abandonment of the mine, or after
21
service on the operator concerned of a notice by an inspector to
22
comply with the requirements of this section, whichever last
23
happens.
24
87 Penalty for offence against this Division
25
A person who contravenes, whether by act or omission, a provision
26
of this Division is guilty of an offence against that provision.
27
Maximum penalty:
28
(a) in the case of a corporation (being a previous offender)--
29
3,750 penalty units, or
30
(b) in the case of a corporation (not being a previous offender)--
31
2,500 penalty units, or
32
(c) in the case of an individual (being a previous offender)--375
33
penalty units or imprisonment for 2 years, or both, or
34
(d) in the case of an individual (not being a previous offender)--
35
250 penalty units.
Page 36
Mine Health and Safety Bill 2002 Clause 88
Safety of mines Part 6
Division 2 Hours of work 1
2
88 Hours of work and associated working arrangements below ground
3
(1) Except in cases of emergency, a person other than an operator or a
4
person acting in the management of the mine is not to be employed
5
underground in a mine for more than 8 consecutive hours at any
6
time or for more than 48 hours in a period of 7 consecutive days.
7
(2) The regulations may prescribe circumstances were some or all of the
8
requirements of subsection (1) do not apply.
9
(3) Except in cases of emergency, each person employed underground
10
in a mine is to have at least one full day of 24 consecutive hours off
11
work in each period of 7 consecutive days.
12
(4) Except in cases of emergency or in the circumstances prescribed by
13
the regulations, a person other than an operator or a person acting in
14
the management of a mine must not be employed at the mine for
15
more than 8 consecutive hours at any time:
16
(a) in a shaft, except in a cage, or
17
(b) in any situation in which there is a danger of falling down a
18
shaft, such as at work in close proximity to an unguarded
19
shaft.
20
(5) In this section, shaft does not include a pit except in circumstances
21
in which the regulations provide that it is to include a pit.
22
89 Chief Inspector may require alteration of hours of work
23
(1) The Chief Inspector may, subject to section 88 and the regulations,
24
direct the operator of a mine to limit working hours or to alter
25
associated working arrangements at the mine if the Chief Inspector
26
is of the opinion that existing hours of work or associated working
27
arrangements are likely to affect adversely the health or safety of
28
employees.
29
(2) A direction under this section may be given in respect of a particular
30
class of employees or in respect of a particular class of work, or may
31
be given generally.
32
(3) The operator of a mine must comply with a direction under this
33
section.
34
(4) This section does not affect any other powers of the Chief Inspector
35
under this Act.
Page 37
Clause 90 Mine Health and Safety Bill 2002
Part 6 Safety of mines
90 Regulations concerning hours of work 1
2
(1) The regulations may make provision concerning the hours of work
3
of persons working at mines.
4
(2) A person other than an operator or a person acting in the
5
management of the mine is not to be employed in a mine in
6
contravention of any limitation on hours of work specified in the
7
regulations for the purposes of this section.
8
(3) Subsection (2) does not apply in the case of an emergency.
9
91 Display of shift roster regimes
10
The operator of a mine at which persons are employed underground
11
must keep prominently displayed in a place that is easily accessible
12
to the employees of the mine details of shift roster regimes at the
13
mine.
14
92 Recording of hours worked
15
(1) The operator of a mine must keep records of the hours worked
16
underground by each employee at the mine and must make the
17
records available to a government official on request.
18
(2) The regulations may make provision for or with respect to the
19
keeping of records under this section.
20
93 Penalty for offence against this Division
21
A person who contravenes, whether by act or omission, a provision
22
of this Division, or who permits any person to contravene or fail to
23
comply with any provision of this Division, is guilty of an offence
24
against that provision.
25
Maximum penalty:
26
(a) in the case of a corporation (being a previous offender)--
27
3,750 penalty units, or
28
(b) in the case of a corporation (not being a previous offender)--
29
2,500 penalty units, or
30
(c) in the case of an individual (being a previous offender)--375
31
penalty units or imprisonment for 2 years, or both, or
32
(d) in the case of an individual (not being a previous offender)--
33
250 penalty units.
Page 38
Mine Health and Safety Bill 2002 Clause 94
Safety of mines Part 6
94 Defence 1
2
A person is not guilty of an offence against this Act for a
3
contravention of a requirement relating to the time for which
4
persons were employed underground, if the person proves that there
5
were special circumstances to render the contravention necessary
6
for the safe and proper working of the mine, and that the
7
contravention did not create an increased risk of injury to the
8
persons so employed in the mine.
Division 3 Tourist and educational activities 9
10
95 Definitions
11
In this Part:
12
mine includes an abandoned mine.
13
occupier, in relation to an abandoned mine, means the occupier of
14
the land on which the abandoned mine is situated.
15
permit means a permit that has been issued under section 97 and that
16
has not been revoked under section 98.
17
96 Tourist activities in mines or use of former mines for educational
18
purposes not allowed without a permit
19
The occupier of a mine (not subject to a mining lease) must not
20
allow tourist activities to be conducted in or about the mine or allow
21
the mine to be used principally for educational purposes unless:
22
(a) the tourist activities are, or the use of the mine principally for
23
educational purposes is, authorised by a permit issued to that
24
or any previous occupier of the mine, and
25
(b) the occupier complies with the conditions (if any) to which
26
the permit is subject.
27
97 Issue of tourist and educational permits
28
(1) The Minister may, on application being made to the Minister in
29
writing, issue a permit to the occupier of a mine that:
30
(a) authorises tourist activities to be conducted in or about the
31
mine, or
32
(b) authorises the mine to be used principally for educational
33
purposes,
Page 39
Clause 98 Mine Health and Safety Bill 2002
Part 6 Safety of mines
1
or both, subject to any conditions that the Minister may specify in
2
the permit.
3
(2) An application for a permit is to be accompanied by the fee
4
determined by the Minister under section 198.
5
(3) A permit must not be issued under this section in respect of a former
6
mine unless the Minister is satisfied that all necessary precautions
7
will be taken to protect the health or safety of persons entering the
8
mine.
9
98 Revocation or variation of permits
10
(1) The Minister may:
11
(a) revoke a permit where a condition to which the permit is
12
subject is breached or where the Minister is satisfied that
13
persons cannot enter the mine to which the permit relates
14
without risk to their safety or health, or
15
(b) from time to time attach conditions or additional conditions to
16
a permit or vary the conditions to which a permit is subject.
17
(2) A revocation of a permit, a variation of conditions to which a permit
18
is subject or the attachment of conditions or additional conditions to
19
a permit does not take effect until notice of the revocation, variation
20
or attachment is served on the occupier of the mine to which the
21
permit relates.
22
(3) A variation may be made under subsection (1) (b) by way of
23
addition, amendment or deletion of conditions.
24
99 Penalty for offence against this Division
25
A person who contravenes, whether by act or omission, a provision
26
of this Division is guilty of an offence against that provision.
27
Maximum penalty:
28
(a) in the case of a corporation (being a previous offender)--750
29
penalty units, or
30
(b) in the case of a corporation (not being a previous offender)--
31
500 penalty units, or
32
(c) in the case of an individual (being a previous offender)--375
33
penalty units, or
34
(d) in the case of an individual (not being a previous offender)--
35
250 penalty units.
Page 40
Mine Health and Safety Bill 2002 Clause 100
Notification of incidents Part 7
Part 7 Notification of incidents 1
Division 1 Notification of certain incidents 2
3
100 Notification of certain incidents and other matters
4
(1) The operator of a mine must give the Chief Inspector notice in
5
accordance with this section of any of the following incidents
6
(notifiable incidents):
7
(a) any incident at the mine that has resulted in a person being
8
killed,
9
(b) any other incident at the mine of a kind prescribed by the
10
regulations for the purposes of this paragraph,
11
(c) any incident or other matter occurring at or in relation to the
12
mine that the regulations declare to be an incident or matter
13
that is required to be notified.
14
(2) Any notice under this section must be given:
15
(a) as soon as practicable (but not later than 7 days) after the
16
operator becomes aware of the notifiable incident, and
17
(b) in writing and, if a form has been prescribed by the
18
regulations, in that form.
19
(3) Any notice must, in the case of a notifiable incident referred to in
20
subsection (1) (a) or (b), also be given:
21
(a) immediately the operator becomes aware of the incident, and
22
(b) by the quickest available means.
23
This subsection does not apply if the operator is aware that another
24
person has given the required notice of the incident.
25
(4) The regulations may vary the obligations under this section with
26
respect to the person required to give notice and the time and
27
manner in which the notice is to be given.
28
101 Non-disturbance of plant involved in notifiable incidents (and of
29
surrounding area)
30
(1) This section applies if a notifiable incident referred to in section 100
31
(1) (a) or (b) has occurred at a mine.
32
(2) The operator of a mine must take measures to ensure that:
33
(a) plant at that mine is not used, moved or interfered with after
34
it has been involved in a notifiable incident, and
Page 41
Clause 102 Mine Health and Safety Bill 2002
Part 7 Notification of incidents
1
(b) the area and environment at that mine that is connected with
2
the notifiable incident is not disturbed.
3
(3) If the regulations prescribe measures that satisfy the requirements of
4
this section, the operator is taken to have satisfied those
5
requirements if the operator has taken the measures so prescribed.
6
(4) This section does not prevent any action:
7
(a) to help or remove a trapped or injured person or to remove a
8
body, or
9
(b) to avoid injury to a person or damage to property, or
10
(c) for the purposes of any police investigation, or
11
(d) in accordance with a direction of an inspector or with the
12
permission of an inspector, or
13
(e) in any other circumstances that may be prescribed by the
14
regulations.
15
(5) The requirements of this section in relation to any particular
16
occurrence apply only for the period ending 24 hours after
17
notification of the incident in accordance with section 100 or only
18
in any other period prescribed by the regulations.
19
102 Records of notifications
20
(1) The operator of a mine must keep records at the mine of every
21
notification given under this Part.
22
(2) Those records must be kept for at least 5 years.
23
103 Penalty for offence against this Division
24
A person who contravenes, whether by act or omission, a provision
25
of this Division is guilty of an offence against that provision.
26
Maximum penalty:
27
(a) in the case of a corporation (being a previous offender)--750
28
penalty units, or
29
(b) in the case of a corporation (not being a previous offender)--
30
500 penalty units, or
31
(c) in the case of an individual (being a previous offender)--375
32
penalty units, or
33
(d) in the case of an individual (not being a previous offender)--
34
250 penalty units.
Page 42
Mine Health and Safety Bill 2002 Clause 104
Notification of incidents Part 7
Division 2 Health and safety 1
2
104 Records of medical and first aid treatment
3
(1) The operator of a mine must keep records at the mine of every
4
occasion on which medical or first aid treatment is provided by or
5
on behalf of the operator to a person employed at the mine.
6
(2) Those records must be kept for at least 5 years.
7
105 Offence relating to reporting of safety matters
8
(1) The operator of a mine must not provide, directly or indirectly, any
9
financial benefit or financial incentive to a person for the purpose of
10
discouraging that person from reporting a safety matter to the
11
person's supervisor, a site check inspector, an authorised
12
representative, a government official or the Department.
13
(2) In proceedings for an offence against this section, if all the facts
14
constituting the offence other than the reason for the defendant's
15
action are proved, the onus of proving that the provision of a
16
financial benefit or financial incentive was not actuated for the
17
reason of discouraging the reporting of a safety matter lies on the
18
defendant.
19
106 Penalty for offence against this Division
20
A person who contravenes, whether by act or omission, a provision
21
of this Division is guilty of an offence against that provision.
22
Maximum penalty:
23
(a) in the case of a corporation (being a previous offender)--750
24
penalty units, or
25
(b) in the case of a corporation (not being a previous offender)--
26
500 penalty units, or
27
(c) in the case of an individual (being a previous offender)--375
28
penalty units, or
29
(d) in the case of an individual (not being a previous offender)--
30
250 penalty units.
Page 43
Clause 107 Mine Health and Safety Bill 2002
Part 7 Notification of incidents
Division 3 Inquiries 1
2
107 Boards of Inquiry
3
(1) This section applies if it appears to the Minister that an investigation
4
of any of the following is necessary:
5
(a) any event or dangerous occurrence causing death or serious
6
injury at a mine and its causes and circumstances,
7
(b) any dangerous occurrence at a mine and its causes and
8
circumstances,
9
(c) any practice at a mine that, in the opinion of the Minister,
10
adversely affects or is likely to adversely affect the safety or
11
health of persons employed at the mine,
12
(d) any matter relating to the safety, health, conduct or discipline
13
of persons at or in relation to a mine.
14
(2) If this section applies, the Minister may constitute a person as a
15
Board of Inquiry to conduct a special inquiry into the event,
16
occurrence, practice or matter.
17
(3) A Board of Inquiry may, at a special inquiry conducted by it, take
18
evidence on oath or affirmation and, for that purpose, the person
19
constituting the Board:
20
(a) may require a person appearing at the inquiry to give
21
evidence, to take an oath or to make an affirmation in a form
22
approved by the person presiding, and
23
(b) may administer an oath to, or take an affirmation from, a
24
person appearing at the inquiry.
25
(4) In conducting a special inquiry, a Board of Inquiry:
26
(a) is not bound to act in a formal manner, and
27
(b) is not bound by the rules of evidence and may inform itself on
28
any matter in any way that it considers appropriate.
29
(5) If the Board of Inquiry agrees, an agent (including a legal
30
practitioner) may represent a person or body at the special inquiry.
31
(6) A Board of Inquiry, when conducting, and making a determination
32
in respect of, a special inquiry is to sit with an assessor or 2 or more
33
assessors appointed by the Minister for the purposes of the inquiry.
34
(7) An assessor sitting with a Board of Inquiry has the power to advise
35
the Board of Inquiry but not to adjudicate on any matter before the
36
Board of Inquiry.
Page 44
Mine Health and Safety Bill 2002 Clause 108
Notification of incidents Part 7
1
(8) A Board of Inquiry has the right to consult, either collectively or
2
individually, and either in public or in private, with assessors sitting
3
with it.
4
(9) A Board of Inquiry conducting a special inquiry may be assisted by
5
a legal practitioner appointed by the Minister for the purposes of the
6
inquiry.
7
(10) A Board of Inquiry is to determine its own procedure, except as
8
provided by this Act.
9
108 Witnesses and evidence at special inquiries
10
(1) A Board of Inquiry may summon a person to appear at a special
11
inquiry conducted by the Board to give evidence and to produce any
12
documents that are specified in the summons.
13
(2) A Board of Inquiry may require a person appearing at a special
14
inquiry to produce a document.
15
(3) A person served with a summons to appear at a special inquiry and
16
to give evidence must not, without reasonable excuse, fail to attend
17
as required by the summons.
18
(4) A person appearing at a special inquiry to give evidence must not,
19
without reasonable excuse:
20
(a) when required to be sworn or affirmed--fail to comply with
21
the requirement, or
22
(b) fail to produce a document that the person is required to
23
produce under this section.
24
(5) A person attending as a witness before a Board of Inquiry is to be
25
paid expenses of the amount or at the rate approved by the Minister
26
for the purposes of this section.
27
(6) A Board of Inquiry may require a person appearing at a special
28
inquiry to answer questions.
29
(7) A person appearing at a special inquiry must answer any such
30
questions.
31
(8) A person is not excused from a requirement under this section to
32
answer a question on the ground that the answer might incriminate
33
the person or make the person liable to a penalty.
34
(9) However, any answer given by a natural person in compliance with
35
a requirement under this section is not admissible in evidence
36
against the person in criminal proceedings (except proceedings for
Page 45
Clause 109 Mine Health and Safety Bill 2002
Part 7 Notification of incidents
1
an offence under this section) if the person objected at the time to
2
answering the question on the ground that it might incriminate the
3
person or the person was not warned on that occasion that the person
4
may object to answering the question on the ground that it might
5
incriminate the person.
6
(10) Further information obtained as a result of an answer given under
7
this section is not inadmissible on the ground that the answer had to
8
be given or that the answer might incriminate the person.
9
109 Report by Board of Inquiry
10
(1) A Board of Inquiry must, within the period required by the Minister,
11
prepare a report as to:
12
(a) the causes of the event or dangerous occurrence, if the special
13
inquiry concerns an event or dangerous occurrence, or
14
(b) its findings in relation to the practice or matter, if the inquiry
15
concerns a practice at a mine or a matter relating to the safety,
16
health, conduct or discipline of persons in a mine.
17
(2) The Minister may, if the Minister thinks fit, publish the report at the
18
time and in the manner determined by the Minister.
19
110 No appeal against exercise of functions by Boards of Inquiry
20
No appeal lies from any decision or determination of a Board of
21
Inquiry on a special inquiry.
22
111 Penalty for offence against this Division
23
A person who contravenes, whether by act or omission, a provision
24
of this Division is guilty of an offence against that provision.
25
Maximum penalty:
26
(a) in the case of a corporation (being a previous offender)--750
27
penalty units, or
28
(b) in the case of a corporation (not being a previous offender)--
29
500 penalty units, or
30
(c) in the case of an individual (being a previous offender)--375
31
penalty units, or
32
(d) in the case of an individual (not being a previous offender)--
33
250 penalty units.
Page 46
Mine Health and Safety Bill 2002 Clause 112
Stop work orders Part 8
Part 8 Stop work orders 1
2
112 Minister may make stop work order
3
(1) If the Minister is of the opinion that any action is being, or is about
4
to be, carried out at a place of work to which this Act applies that
5
involves, or is likely to result in, a serious breach of a provision of:
6
(a) the Occupational Health and Safety Act 2000 or the
7
regulations made under that Act, or
8
(b) this Act or the regulations made under this Act,
9
the Minister may order that the action is to cease or is not to be
10
carried out and that no action, other than any action that may be
11
specified in the order, is to be carried out in or in the vicinity of the
12
place, or a specified part of the place, within a period not exceeding
13
28 days after the day of the order.
14
(2) An order takes effect on and from the date on which:
15
(a) if the order relates to a mine holding--a copy is provided to
16
the mine holder, or
17
(b) if the order relates to a mine that is not a mine holding--a
18
copy is provided to the operator of the mine, or
19
(c) a copy of the order is affixed in a conspicuous place in the
20
mine, or
21
(d) the person carrying out or about to carry out the action the
22
subject of the order is notified that the order has been made,
23
whichever is the sooner.
24
(3) In this Part, a reference to action being, or about to be, carried out
25
includes a reference to action that should be, but is not being, carried
26
out and the Minister may make an order, in accordance with this
27
Part, that any such action is to be carried out.
28
113 Prior notification of making of stop work order not required
29
The Minister is not required, before making a stop work order, to
30
notify any person who may be affected by the order.
31
114 Extension of stop work order
32
(1) The Minister may extend a stop work order for any further period or
33
periods of no more than 28 days each that the Minister thinks fit.
Page 47
Clause 115 Mine Health and Safety Bill 2002
Part 8 Stop work orders
1
(2) An order extending a stop work order takes effect in the same way
2
as the original order, that is, on and from the date referred to in
3
section 112 (2).
4
115 Consultation about modification of proposed detrimental action
5
After the Minister makes a stop work order, the Director-General
6
must immediately consult with the person proposing to carry out the
7
action the subject of the order to determine whether any
8
modification of the action may be sufficient to avoid a serious
9
breach of a provision of any Act or regulation referred to in section
10
112.
11
116 Stop work order prevails over other instruments
12
(1) An investigation notice, improvement notice or prohibition notice
13
issued under the Occupational Health and Safety Act 2000 that
14
requires or permits work or an activity the subject of a stop work
15
order in force under this Part to be significantly affected is
16
inoperative to the extent of any inconsistency with the stop work
17
order.
18
(2) An approval, notice, order or other instrument made or issued by or
19
under any other Act that requires or permits work the subject of a
20
stop work order in force under this Part to be significantly affected
21
is inoperative to the extent of any inconsistency with the stop work
22
order.
23
(3) This section has effect whether the approval, notice, order or other
24
instrument concerned was made or issued before or after the making
25
of the stop work order.
26
117 Costs of enforcing stop work order
27
(1) If a person on whom a stop work order is imposed does not comply
28
with the order within the period specified in the order, the Minister
29
may cause work to be carried out for the purpose of stopping the
30
work specified in the order.
31
(2) Any costs or expenses incurred by or on behalf of the Minister under
32
this section are a debt due to the Crown by the person on whom the
33
stop work order was imposed.
34
(3) In any proceedings instituted for the recovery from a person of a
35
debt due by that person to the Crown under this section, a certificate
36
of the Minister that a specified amount is the amount of the debt so
37
due is evidence of that fact.
Page 48
Mine Health and Safety Bill 2002 Clause 118
Stop work orders Part 8
1
(4) A debt due by any person to the Crown under this section is
2
recoverable whether or not the person is convicted of an offence
3
under section 118.
4
(5) A person on whom a stop work order is imposed, or any person
5
directed by the Minister to take action for the purposes of subsection
6
(1), may, upon giving reasonable notice to the occupier of the land,
7
enter on or remain on any land for the purpose of complying with
8
the direction of the Minister or with the stop work order, as the case
9
may require.
10
(6) A court that convicts a person of an offence under section 118 may,
11
on the application of the prosecutor, order the person to pay to the
12
Crown the amount that the court is satisfied the Crown is entitled to
13
recover from the person under this section in respect of the failure
14
to which the offence relates. Any amount paid by a person under
15
such an order is taken to have been recovered from the person under
16
subsection (2) and is to be dealt with accordingly.
17
(7) For the purposes of subsection (6), a court that makes a finding that
18
a person is guilty of an offence under section 118 without
19
proceeding to a conviction is taken to have convicted the person of
20
the offence.
21
(8) For the purposes of this section, a stop work order is taken to have
22
been imposed on the person or persons to whom notice of the order
23
was given under section 112 (2).
24
118 Offence: failure to comply with a stop work order
25
A person who, without reasonable excuse, fails to comply with a
26
requirement imposed by a stop work order is guilty of an offence.
27
Maximum penalty:
28
(a) in the case of a corporation (being a previous offender)--
29
1,500 penalty units and in the case of a continuing offence, a
30
further penalty not exceeding 750 penalty units for each day
31
the offence continues, or
32
(b) in the case of a corporation (not being a previous offender)--
33
1,000 penalty units and in the case of a continuing offence, a
34
further penalty not exceeding 500 penalty units for each day
35
the offence continues, or
Page 49
Clause 118 Mine Health and Safety Bill 2002
Part 8 Stop work orders
1
(c) in the case of an individual not acting in the capacity of an
2
employee (being a previous offender)--750 penalty units and
3
in the case of a continuing offence, a further penalty not
4
exceeding 375 penalty units for each day the offence
5
continues, or
6
(d) in the case of an individual not acting in the capacity of an
7
employee (not being a previous offender)--500 penalty units
8
and in the case of a continuing offence, a further penalty not
9
exceeding 250 penalty units for each day the offence
10
continues, or
11
(e) in the case of an individual acting in the capacity of an
12
employee (being a previous offender)--45 penalty units and
13
in the case of a continuing offence, a further penalty not
14
exceeding 20 penalty units for each day the offence continues,
15
or
16
(f) in the case of an individual acting in the capacity of an
17
employee (not being a previous offender)--30 penalty units
18
and in the case of a continuing offence, a further penalty not
19
exceeding 15 penalty units for each day the offence continues.
Page 50
Mine Health and Safety Bill 2002 Clause 119
Competence standards Part 9
Part 9 Competence standards 1
Division 1 Key obligations 2
3
119 Regulations may specify functions to which this Part applies
4
(1) The regulations may specify a function as one to which this Part
5
applies (a specified function).
6
(2) The regulations may specify, or authorise the Board to determine,
7
what will be sufficient evidence of competence to perform a
8
function to which this Part applies (specified evidence of
9
competence).
10
120 Operator to ensure only competent persons employed to perform
11
specified functions
12
(1) The operator of a mine must not employ a person at the mine to
13
perform a specified function unless the person holds specified
14
evidence of competence to perform that function.
15
(2) The operator of a mine must ensure that no other person at the mine
16
performs a specified function unless the person holds specified
17
evidence of competence to perform that function.
18
121 Contractor to ensure only competent persons employed to perform
19
specified functions
20
A contractor must not employ a person at a mine to perform a
21
specified function unless the person holds specified evidence of
22
competence to perform that function.
23
122 Only competent persons to perform specified functions
24
A person at a mine must not perform a specified function unless the
25
person holds specified evidence of competence to perform that
26
function.
27
123 Penalty for offence against this Division
28
A person who contravenes, whether by act or omission, a provision
29
of this Division is guilty of an offence against that provision.
30
Maximum penalty:
31
(a) in the case of a corporation--250 penalty units, or
32
(b) in the case of an individual--25 penalty units.
Page 51
Clause 124 Mine Health and Safety Bill 2002
Part 9 Competence standards
Division 2 Metalliferous Mines and Extractive Industries 1
Competence Board 2
3
124 Constitution of Metalliferous Mines and Extractive Industries
4
Competence Board
5
(1) There is constituted by this Act a body corporate with the corporate
6
name of the Metalliferous Mines and Extractive Industries
7
Competence Board.
8
(2) The Board represents the Crown.
9
125 Ministerial control of Board
10
The Board is subject to the control and direction of the Minister.
11
126 Membership of Board
12
(1) The Board is made up of the following persons appointed by the
13
Minister:
14
(a) the Chairperson of the Board (who is not to be an officer of
15
the Department), and
16
(b) 2 employer representatives selected from a panel of 4
17
submitted to the Minister by a body or bodies representing
18
employers, and
19
(c) 2 employee representatives selected from a panel of 4
20
submitted to the Minister by a body or bodies representing
21
employees, and
22
(d) between 2 and 4 persons who have expertise in the
23
development and assessment of competence of persons
24
performing functions at mines, and
25
(e) 2 officers of the Department.
26
(2) The regulations may make provision for or with respect to the
27
submission of representatives under this section and the
28
appointment of members of the Board.
29
127 Procedure of Board
30
(1) The regulations may make provision for or with respect to the
31
procedure of the Board.
32
(2) The Board may make rules about the procedure of the Board that are
33
not inconsistent with this Act or the regulations. Those rules are
34
subject to any direction of the Minister.
Page 52
Mine Health and Safety Bill 2002 Clause 128
Competence standards Part 9
Division 3 Functions of Board 1
2
128 Functions of Board
3
(1) The Board has the functions conferred or imposed on it by or under
4
this Act.
5
(2) Without limiting subsection (1), the functions of the Board include
6
the following:
7
(a) to oversee the development of competence standards for
8
persons performing functions at mines that may impact on
9
health and safety,
10
(b) to undertake initial and ongoing assessments of the
11
competence of persons performing functions at mines,
12
(c) to advise the Minister on matters related to the competence
13
required of persons to perform functions at mines,
14
(d) any other functions that the Minister may confer on the Board
15
from time to time.
16
(3) Without limiting subsection (2), the Board may do any or all of the
17
following for the purpose of carrying out its functions:
18
(a) engage consultants,
19
(b) develop competence standards or cause competence
20
standards to be developed,
21
(c) assess a person's competence, cause a person's competence to
22
be assessed or accept an assessment of a person's
23
competence.
24
129 Annual report
25
The Board must, at any time or within any period that the Minister
26
may direct, make an annual report of its proceedings during the
27
preceding year to the Minister.
28
130 Review of competence arrangements
29
(1) The Board must conduct a review of the status of competence
30
setting and assessment in the mining and quarrying industry.
31
(2) The review must be conducted 5 years after the commencement of
32
this Part, or at any earlier time directed by the Minister.
33
(3) The Board must report the results of the review to the Minister.
Page 53
Clause 131 Mine Health and Safety Bill 2002
Part 9 Competence standards
Division 4 Certificates of competence 1
2
131 Certificates of competence may be granted
3
The Minister may, in accordance with the regulations and any
4
orders made under section 133, grant a certificate of competence to
5
perform a specified function. That certificate may be granted
6
unconditionally or subject to conditions.
7
132 Regulations concerning competence standards
8
The regulations may make provision for or with respect to any or all
9
of the following:
10
(a) the development of competence standards,
11
(b) the assessment of the competence standards of persons,
12
including the conduct of examinations,
13
(c) the granting and replacement of certificates of competence,
14
(d) the maintenance of competence by those to whom a certificate
15
of competence has been granted,
16
(e) the suspension or cancellation of certificates of competence,
17
including suspension or cancellation by reason of
18
incompetence or negligence,
19
(f) the imposition of conditions on certificates of competence,
20
(g) the restoration of certificates of competence that have been
21
suspended or cancelled,
22
(h) the circumstances in which a certificate of competence
23
granted by an authority outside New South Wales will be
24
accepted as being sufficient qualification for the grant of a
25
certificate of competence under this Act and the
26
circumstances in which it will not be accepted,
27
(i) the range of specified functions that the holder of specified
28
evidence of competence is allowed to perform without
29
breaching this Part,
30
(j) the keeping of a register of certificates of competence,
31
(k) the appointment and functions of examiners,
32
(l) the charging of fees for any service provided by the Minister,
33
the Board or any other person in relation to this Part.
Page 54
Mine Health and Safety Bill 2002 Clause 133
Competence standards Part 9
133 Ministerial orders 1
2
(1) The Minister may make orders, not inconsistent with this Act or the
3
regulations, for or with respect to any or all of the following:
4
(a) the qualifications to be held by a person in order for the grant
5
to the person of a certificate of competence to be
6
recommended,
7
(b) the experience that a person applying for a certificate of
8
competence must have in order for the grant to the person of
9
a certificate of competence to be recommended,
10
(c) the age that a person must have attained before the person
11
may be granted a certificate of competence,
12
(d) the course of instruction to be undertaken by an applicant for
13
a certificate of competence,
14
(e) the nature and type of examinations to be undertaken by an
15
applicant for a certificate of competence and the manner of
16
their conduct,
17
(f) the circumstances in which the Board may grant to an
18
applicant for a certificate of competence an exemption from
19
complying with the rules in respect of the undertaking of
20
examinations, the holding of qualifications, the possession of
21
experience and the attendance of courses of instruction,
22
(g) the matters to be included in an application for a certificate of
23
competence,
24
(h) the declaration by the Minister that a person's competence is
25
not recognised,
26
(i) any other matters that may be prescribed by the regulations.
27
(2) The Board may make recommendations to the Minister concerning
28
the making, amendment or revocation of orders under this section.
29
(3) An order must be published in the Gazette. An order takes effect on
30
the date on which it is published in the Gazette or on any later date
31
specified in the order.
32
(4) Sections 42-45 of the Interpretation Act 1987 apply to an order
33
made under this section in the same way as they apply to statutory
34
rules within the meaning of that Act.
Page 55
Clause 134 Mine Health and Safety Bill 2002
Part 9 Competence standards
Division 5 Offences 1
2
134 Offences: certificates of competence
3
A person must not, with intent to deceive:
4
(a) use a certificate of competence granted under this Act, or
5
(b) lend to another person a certificate of competence granted
6
under this Act, or
7
(c) allow to be used by another person a certificate of competence
8
granted under this Act.
9
135 Offence of forging or having forged document
10
A person must not:
11
(a) make a document so closely resembling a certificate of
12
competence granted under this Act as to be calculated to
13
deceive, or
14
(b) have in the person's possession a document so closely
15
resembling a certificate of competence granted under this Act
16
as to be calculated to deceive.
17
136 False or misleading statements
18
A person must not make a statement that the person knows to be
19
false or misleading in a material particular or recklessly make a
20
statement that is false or misleading in a material particular, or
21
produce, furnish, send or otherwise make use of a document that is
22
false or misleading in a material particular for the purposes of
23
obtaining for himself, herself or another person:
24
(a) the grant of any certificate of competence or the issue of a
25
duplicate certificate of competence or the restoration of any
26
such certificate, or
27
(b) employment at a mine to perform functions for which a
28
certificate of competence is required.
29
137 Offences if a person's competence is declared as not recognised
30
(1) A person whose competence has been declared by the Minister, in
31
accordance with the regulations, as not recognised is guilty of an
32
offence if the person continues to perform functions for which that
33
competence was required.
Page 56
Mine Health and Safety Bill 2002 Clause 138
Competence standards Part 9
1
(2) An operator who requires or permits functions to be performed by a
2
person whose competence is declared as not recognised is guilty of
3
an offence.
4
138 Penalty for offence against this Division
5
A person who contravenes, whether by act or omission, a provision
6
of this Division is guilty of an offence against that provision.
7
Maximum penalty:
8
(a) in the case of a corporation (being a previous offender)--750
9
penalty units, or
10
(b) in the case of a corporation (not being a previous offender)--
11
500 penalty units, or
12
(c) in the case of an individual (being a previous offender)--375
13
penalty units, or
14
(d) in the case of an individual (not being a previous offender)--
15
250 penalty units.
Page 57
Clause 139 Mine Health and Safety Bill 2002
Part 10 Oversight of mines
Part 10 Oversight of mines 1
Division 1 Outline of this Part 2
3
139 Outline of this Part
4
(1) This Part provides for the appointment, functions and powers of the
5
following persons, who are called government officials in this Act:
6
(a) the Chief Inspector,
7
(b) inspectors,
8
(c) mine safety officers,
9
(d) investigators.
10
(2) This Part also provides for the election or appointment of site check
11
inspectors to carry out inspections as representatives of the
12
workforce at mines.
Division 2 Inspections by government officials 13
Subdivision 1 Appointment of government officials 14
15
140 Appointment of government officials
16
(1) The Minister may appoint a person employed under Chapter 2 of the
17
Public Sector Employment and Management Act 2002 as:
18
(a) the Chief Inspector, or
19
(b) an inspector, or
20
(c) a mine safety officer, or
21
(d) an investigator.
22
(2) An instrument appointing a person under this section may limit the
23
functions that the person has.
24
(3) A person appointed under this section is to be issued with an
25
identification card under section 48 of the Occupational Health and
26
Safety Act 2000.
27
141 Appointment of consultants as investigators
28
(1) The Minister may appoint a consultant:
29
(a) as an investigator for the purposes of carrying out
30
investigations under this Act, or
31
(b) to assist an investigator in carrying out such investigations.
Page 58
Mine Health and Safety Bill 2002 Clause 142
Oversight of mines Part 10
1
(2) A consultant appointed under this section has, while exercising the
2
functions for which the consultant was appointed, the same
3
functions as an investigator has under this Act and the regulations
4
and the provisions of this Act and the regulations apply in respect of
5
the consultant in the same way as they apply in respect of an
6
inspector and anything done by an inspector.
Subdivision 2 Functions of government officials 7
8
142 Functions of Chief Inspector
9
(1) The functions of the Chief Inspector are:
10
(a) the oversight of the operations of inspectors, and
11
(b) reviewing appeals from notices issued by inspectors, and
12
(c) the other functions that are conferred on the Chief Inspector
13
by this Act or the regulations, and
14
(d) any other function conferred by the Minister from time to
15
time.
16
(2) For the purposes of this Act, the Chief Inspector is an inspector.
17
143 Bringing concerns regarding health, safety or welfare to the
18
attention of operators
19
(1) This section applies if:
20
(a) a government official exercises any of the powers conferred
21
on him or her under this Part at or in connection with a mine,
22
and
23
(b) as a result of the exercise of those powers, he or she obtains
24
any information or becomes aware of any practice at a mine
25
that may, in his or her opinion, be relevant to the continued
26
safe operation of a mine or the health, safety or welfare at
27
work of the persons who work at a mine.
28
(2) In that case, the government official must, as soon as possible, so
29
advise the most senior person in the management structure of the
30
mine who is at work.
31
144 Consideration and investigation of complaints
32
(1) A government official must consider any complaint made to the
33
government official by a site check inspector for a mine, being a
34
complaint concerning the health, safety or welfare at work of the
35
persons who work at the mine.
Page 59
Clause 145 Mine Health and Safety Bill 2002
Part 10 Oversight of mines
1
(2) A government official may investigate any such complaint if he or
2
she considers it appropriate to do so.
3
(3) A government official must report to the site check inspector who
4
made a complaint to the government official concerning the results
5
of the official's consideration or investigation of the complaint.
6
(4) Nothing in this section prevents a site check inspector from raising
7
matters directly with the operator of a mine.
8
145 Audit and review of mine safety management plans
9
(1) A government official may at any time audit and review the mine
10
safety management plan for a mine.
11
(2) Such an audit and review may occur periodically, after the
12
occurrence of an event prescribed by the regulations or at any other
13
time that the government official thinks is appropriate.
14
146 Additional functions
15
A government official has the following additional functions:
16
(a) in the case of a government official other than the Chief
17
Inspector, to provide advice to the Chief Inspector on matters
18
relating to the health, safety and welfare of persons at work at
19
mines,
20
(b) to make reports on incidents or other matters at mines and to
21
make recommendations for further action based on those
22
reports.
Subdivision 3 Powers of government officials 23
24
147 Inspection powers
25
(1) A government official has those powers that an inspector has under
26
Part 5 of the Occupational Health and Safety Act 2000 so as to make
27
any examination and inquiry that may be necessary:
28
(a) to ascertain whether this Act and the regulations, or the
29
Occupational Health and Safety Act 2000 and the regulations
30
under it, have been complied with, or
31
(b) to ascertain whether there is at a mine any matter or thing that
32
affects or is likely to affect the health or safety of persons who
33
work at the mine, or
34
(c) to ascertain the causes and circumstances of any event or
35
other occurrence at a mine, or
Page 60
Mine Health and Safety Bill 2002 Clause 148
Oversight of mines Part 10
1
(d) to investigate any complaint made to the government official
2
by a site check inspector.
3
(2) For the purposes of the application of Part 5 of the Occupational
4
Health and Safety Act 2000 to powers under this Act, a reference in
5
that Part to an inspector is taken to be a reference to a government
6
official.
7
148 Powers of entry at any time
8
Despite Part 5 of the Occupational Health and Safety Act 2000, a
9
government official may enter any mine at any time.
10
149 Power to cross land
11
A government official may enter any land (including any residential
12
premises) at any time if entering that land is the only way that the
13
government official can gain entry to a mine for the purpose of
14
making any examination and inquiry under section 147.
15
150 Power to require plan
16
(1) A government official may require the operator of a mine to provide
17
the government official with a plan of the mine marked with
18
information that the government official considers necessary for an
19
investigation or inquiry that the government official is making.
20
(2) An operator must not fail to comply with a requirement made under
21
this section.
22
Maximum penalty: 100 penalty units.
Division 3 Inspections on behalf of work force 23
Subdivision 1 Site check inspectors 24
25
151 Site check inspectors
26
(1) For the purpose of enabling inspections to be carried out at a mine
27
on behalf of the persons at work at the mine, an individual may be
28
elected as a site check inspector for the mine.
29
(2) More than one person may be elected as a site check inspector if the
30
operator agrees or the Chief Inspector directs.
Page 61
Clause 152 Mine Health and Safety Bill 2002
Part 10 Oversight of mines
152 Trigger for election 1
2
An election of a site check inspector for a mine must be held if one
3
or more positions are vacant and:
4
(a) a person employed in or about the mine requests in writing
5
that an election be held, or
6
(b) the Chief Inspector directs that an election be held.
7
153 Conduct of election of site check inspectors
8
(1) An election for a site check inspector for a mine may be conducted:
9
(a) if there is only one involved union in relation to the mine--by
10
that involved union, or
11
(b) if there is more than one involved union and all the involved
12
unions are in agreement that a specified one of those unions
13
should conduct the election--by that specified union, or
14
(c) if there is no involved union in relation to the mine or
15
agreement under paragraph (b) cannot be reached--by a
16
person authorised by the Chief Inspector to conduct elections
17
under this section.
18
(2) A person employed in or about the mine may be a candidate in the
19
election if and only if the person is employed at the mine.
20
(3) Subject to the regulations, all individuals employed in or about the
21
mine are entitled to vote in the election.
22
(4) Where there is only one candidate for the election, that person is
23
taken to have been elected.
24
(5) Where a person is elected as the site check inspector for a mine, the
25
involved union or other person authorised under subsection (1) to
26
conduct the election must, as soon as practicable after the person has
27
been so elected, inform the Chief Inspector, the industry check
28
inspector and the operator of the mine.
29
(6) As soon as practicable after being so informed, the operator of the
30
mine must cause a notice that the person so elected is the site check
31
inspector for the mine to be displayed in a prominent place at the
32
mine, that will allow all of the persons working in or about the mine
33
to be notified of the election.
34
Maximum penalty: 10 penalty units.
Page 62
Mine Health and Safety Bill 2002 Clause 154
Oversight of mines Part 10
154 Term of office 1
2
Subject to section 155, a site check inspector for a mine holds office
3
for 2 years after the date on which he or she was elected but is
4
eligible to be elected for further terms of office.
5
155 Vacation of office of site check inspector
6
(1) A person ceases to be the site check inspector for a mine if:
7
(a) the person resigns as the site check inspector, or
8
(b) the person ceases to be employed in or about the mine, or
9
(c) the person's term of office expires without the person having
10
been elected to be the site check inspector for the mine for a
11
further term.
12
(2) A person may resign as the site check inspector for a mine:
13
(a) if the person was last elected as the site check inspector in an
14
election conducted by an involved union in relation to the
15
mine--by notice in writing delivered to the involved union
16
that nominated the person as a candidate in the election, or
17
(b) in any case--by notice in writing delivered to the operator of
18
the mine.
19
(3) If a person has resigned as the site check inspector for a mine:
20
(a) if subsection (2) (a) applies--the involved union to which the
21
notice of resignation was delivered, or
22
(b) in any other case--the operator of the mine,
23
must notify the persons employed at or about the mine, and, in a case
24
to which subsection (2) (a) applies, the operator of the mine, of the
25
resignation.
26
(4) If a person has ceased to be the site check inspector for a mine
27
because of subsection (1) (b), the person must notify the following
28
persons in writing that the person has ceased to be the site check
29
inspector for that mine:
30
(a) the persons employed at or about the mine,
31
(b) the operator of the mine,
32
(c) if the person was last elected as the site check inspector in an
33
election conducted by an involved union in relation to the
34
mine--the involved union, in relation to the mine, that
35
nominated the person as a candidate in the election.
Page 63
Clause 156 Mine Health and Safety Bill 2002
Part 10 Oversight of mines
156 Notification of election 1
2
A person elected as a site check inspector for a mine must:
3
(a) notify the operator of the mine of the person's election, and
4
(b) give to the operator the person's address and telephone
5
number (including any mobile telephone number).
6
Maximum penalty: 5 penalty units.
7
157 Functions of site check inspectors
8
The functions of a site check inspector for a mine are as follows:
9
(a) to keep under review the measures taken to ensure the health,
10
safety and welfare of persons at the mine, including
11
procedures to control risks,
12
(b) to investigate any matter that may be a risk to health and
13
safety at the mine,
14
(c) to request an investigation by an inspector if a health, safety
15
or welfare matter is not resolved after attempts to do so,
16
(d) to inspect the mine to assess the level of risk to which
17
employees are exposed,
18
(e) to inspect documents and plans relating to health, safety and
19
welfare that are required to be kept at the mine by this Act or
20
the regulations or by the Occupational Health and Safety Act
21
2000 or the regulations made under that Act,
22
(f) to attempt to resolve matters concerning health, safety or
23
welfare at the mine or to request an investigation into those
24
matters by a government official,
25
(g) to accompany a government official on an inspection or
26
investigation at the mine and to observe any reports made by
27
a government official to an employer,
28
(h) to accompany employees in discussion with an employer
29
about health, safety or welfare matters at the mine and to
30
observe any in-house investigations of injuries or incidents,
31
(i) to assist in the development of record-keeping arrangements
32
and make recommendations about training for occupational
33
health and safety representatives and occupational health and
34
safety committees under the Occupational Health and Safety
35
Act 2000,
Page 64
Mine Health and Safety Bill 2002 Clause 158
Oversight of mines Part 10
1
(j) to accompany an employee at the mine during any interview
2
with his or her employer or the operator about a health, safety
3
or welfare issue,
4
(k) to assist in-house investigations of notifiable injuries and
5
incidents at the mine,
6
(l) to assist in the development of arrangements for recording
7
hazards and incidents at the mine,
8
(m) to assist in the formation of safety plans and study safety plans
9
at the mine,
10
(n) any other functions prescribed by the regulations.
11
158 Training of site check inspectors
12
(1) A site check inspector for a mine must undertake a course of training
13
relating to occupational health and safety that is accredited by the
14
Minister for the purposes of this section.
15
(2) The operator of a mine must permit the site check inspector for the
16
mine to take any time off work, without loss of remuneration or
17
other entitlements, that is necessary to undertake the training.
18
159 Rights of site check inspectors
19
(1) A site check inspector:
20
(a) has the right to be present when an inspector makes a formal
21
report to the operator concerning a health, safety or welfare
22
matter at the mine, and
23
(b) has the right to accompany an employee, at the request of the
24
employee, during any interview with the operator or a
25
contractor about a health, safety or welfare matter at the mine,
26
and
27
(c) has the right to observe any formal in-house investigation of
28
an event or other occurrence at the mine that must be notified
29
to the Chief Inspector, and
30
(d) has the right to require assistance and access to facilities that
31
are reasonably necessary for the exercise of his or her
32
functions.
33
(2) A person must not obstruct a site check inspector in the exercise of
34
any right conferred on the inspector by this Act.
35
Maximum penalty: 100 penalty units.
Page 65
Clause 160 Mine Health and Safety Bill 2002
Part 10 Oversight of mines
160 Duties of operators in relation to site check inspectors 1
2
The operator of a mine must:
3
(a) on being requested to do so by a site check inspector for the
4
mine, consult with the site check inspector on the
5
implementation of changes at the mine, being changes that
6
may affect the health or safety of persons at work at the mine,
7
and
8
(b) permit the site check inspector to make any inspection of the
9
mine that the site check inspector is entitled to make under
10
this Act, and to accompany an investigator during any
11
investigation at the mine by the investigator, and
12
(c) if there is no occupational health and safety committee
13
(established under the Occupational Health and Safety Act
14
2000) in respect of the operator's employees at the mine--on
15
being requested to do so by the site check inspector, consult
16
with the site check inspector concerning the development,
17
implementation and review of measures to ensure the health
18
or safety of persons at work at the mine, and
19
(d) permit the site check inspector to be present at any interview
20
at which the site check inspector is entitled to be present under
21
this Act, and
22
(e) provide the site check inspector with access to any
23
information to which the site check inspector is entitled to
24
obtain access in accordance with this Act and to which access
25
has been requested, and
26
(f) provide the site check inspector with reasonable time, during
27
normal working hours, to exercise the functions of the site
28
check inspector without loss of remuneration or other
29
entitlements, and
30
(g) provide the site check inspector with access to any facilities
31
that are:
32
(i) prescribed for the purposes of this paragraph, or
33
(ii) necessary for the purposes of exercising the powers of
34
a site check inspector.
35
Maximum penalty: 100 penalty units.
Page 66
Mine Health and Safety Bill 2002 Clause 161
Oversight of mines Part 10
161 Duties of contractors in relation to site check inspectors 1
2
A contractor carrying out work at a mine must:
3
(a) on being requested to do so by a site check inspector for the
4
mine, consult with the site check inspector on the
5
implementation of changes at any mine at which employees
6
of the contractor perform work for the contractor, being
7
changes that may affect the health or safety at work of the
8
employees, and
9
(b) permit the site check inspector to make any inspection of the
10
mine that the site check inspector is entitled to make under
11
this Act, and to accompany an investigator during any
12
investigation at the mine by the investigator, and
13
(c) if there is no occupational health and safety committee
14
(established under the Occupational Health and Safety Act
15
2000) in respect of the contractor's employees at the mine--
16
upon being requested to do so by the site check inspector,
17
consult with the site check inspector concerning the
18
development, implementation and review of measures to
19
ensure the health or safety at work of those employees, and
20
(d) permit the site check inspector to be present at any interview
21
at which the site check inspector is entitled to be present under
22
this Act, and
23
(e) provide the site check inspector with access to any
24
information to which the site check inspector is entitled to
25
obtain access in accordance with this Act and to which access
26
has been requested, and
27
(f) if the site check inspector is an employee of the contractor,
28
provide the site check inspector with reasonable time, during
29
normal working hours, to exercise the functions of the site
30
check inspector, without loss of remuneration or other
31
entitlements.
32
Maximum penalty: 100 penalty units.
33
162 Assistance to site check inspectors
34
The operator of a mine and all other persons at the mine must afford
35
every facility and assistance to a site check inspector for the
36
purposes of an inspection of the mine by the site check inspector.
37
Maximum penalty: 100 penalty units.
Page 67
Clause 163 Mine Health and Safety Bill 2002
Part 10 Oversight of mines
Subdivision 2 Inspections on behalf of work force 1
2
163 Inspections by site check inspectors
3
A site check inspector for a mine may:
4
(a) at any time go into and inspect working places, machinery and
5
equipment at the mine and the shafts, roadways, working
6
places, old workings and machinery and equipment at the
7
mine, and
8
(b) inspect any documents or plans that by virtue of the
9
Occupational Health and Safety Act 2000 or the regulations
10
made under that Act, or by virtue of this Act or the regulations
11
made under this Act, are required to be kept at the office of the
12
mine, and
13
(c) when there is at the mine an event or other occurrence (being
14
an event or occurrence for which notice is required by or
15
under this Act to be given), inspect the place where the event
16
or other occurrence happened and, so far as is necessary for
17
the purpose of ascertaining its cause:
18
(i) inspect any other part of the mine and any machinery,
19
apparatus or other thing at the mine, or
20
(ii) test the atmosphere at the place where the event or other
21
occurrence happened.
22
164 Site check inspector may be accompanied by operator's
23
representative
24
For the purposes of an inspection of a mine under section 163, a site
25
check inspector may be accompanied by the operator or a
26
representative of the operator, if the operator thinks fit.
27
165 Site check inspector must not leave work without prior notice
28
A site check inspector employed at a mine must not leave his or her
29
place of work for the purpose of exercising functions as a site check
30
inspector under this Subdivision unless the site check inspector
31
gives reasonable notice to the operator of the mine of his or her
32
intention to do so. For this purpose, notice given to a supervisor is
33
taken to have been given to the operator.
34
Maximum penalty: 20 penalty units.
Page 68
Mine Health and Safety Bill 2002 Clause 166
Oversight of mines Part 10
166 Power to cross land 1
2
A site check inspector or an authorised representative for a mine
3
may enter any land (including any residential premises) at any time
4
if entering that land is the only way that the site check inspector or
5
the authorised representative can gain entry to a mine for the
6
purpose of exercising functions under this Act or the Occupational
7
Health and Safety Act 2000.
Page 69
Clause 167 Mine Health and Safety Bill 2002
Part 11 Mining industry codes of practice
Part 11 Mining industry codes of practice 1
2
167 Purpose of industry codes of practice
3
The purpose of a mining industry code of practice is to provide
4
practical guidance to operators, employers and others who have
5
duties under Part 5 of this Act or Part 2 of the Occupational Health
6
and Safety Act 2000 with respect to occupational health, safety and
7
welfare at mines.
8
168 Minister may prepare draft codes
9
(1) The Minister may prepare, or cause to be prepared, draft mining
10
industry codes of practice.
11
(2) A draft mining industry code of practice may refer to or incorporate,
12
with or without modification, a document prepared or published by
13
a body specified in the code, as in force at a particular time or from
14
time to time.
15
169 Consultation on draft codes
16
The Minister is to arrange for any organisations or persons that the
17
Minister may think appropriate to be consulted about a draft mining
18
industry code of practice.
19
170 Approval of codes by Minister
20
The Minister may approve a mining industry code of practice.
21
171 Publication, commencement and availability of codes
22
(1) An approved mining industry code of practice:
23
(a) is to be published in the Gazette, and
24
(b) takes effect on the day on which it is so published or, if a later
25
day is specified in the code for that purpose, on the later day
26
so specified.
27
(2) The following are to be made available for public inspection without
28
charge at an office of the Department designated by the Director-
29
General during normal office hours:
30
(a) a copy of each approved mining industry code of practice,
31
(b) if an approved mining industry code of practice has been
32
amended, a copy of the code as so amended,
Page 70
Mine Health and Safety Bill 2002 Clause 172
Mining industry codes of practice Part 11
1
(c) if an approved mining industry code of practice refers to or
2
incorporates any other document prepared or published by a
3
specified body, a copy of each such document.
4
172 Amendment or revocation of codes
5
An approved mining industry code of practice may be amended or
6
revoked by an instrument prepared, approved and published in
7
accordance with the relevant procedures of this Part with respect to
8
industry codes of practice.
9
173 Use of codes
10
(1) In any proceedings for an offence against this Act or the regulations
11
or against the Occupational Health and Safety Act 2000 or the
12
regulations made under that Act:
13
(a) an approved mining industry code of practice that is relevant
14
to any matter that it is necessary for the prosecution to prove
15
to establish the commission of the offence by a person is
16
admissible in evidence in those proceedings, and
17
(b) the person's failure at any material time to observe the code is
18
evidence of the matter to be established in those proceedings.
19
(2) A person is not liable to any civil or criminal proceedings by reason
20
only that the person has failed to observe an approved mining
21
industry code of practice.
Page 71
Clause 174 Mine Health and Safety Bill 2002
Part 12 Regulations
Part 12 Regulations 1
2
174 Regulations: general power
3
(1) The Governor may make regulations, not inconsistent with this Act,
4
for or with respect to any matter that by this Act is required or
5
permitted to be prescribed or that is necessary or convenient to be
6
prescribed for carrying out or giving effect to the objects of this Act.
7
(2) Any specific power to make regulations under this Act does not
8
limit the generality of subsection (1).
9
175 Regulations: specific miscellaneous powers
10
Regulations may be made for or with respect to any of the following
11
matters:
12
(a) the safety, health, welfare, convenience and conduct of
13
persons at mines,
14
(b) critical controls for major hazards at mines,
15
(c) the records that must be kept and the reports that must be
16
made by an operator of a mine to the Chief Inspector
17
concerning the health and safety performance of the mine,
18
(d) the matters in a mine safety management plan,
19
(e) the matters in an emergency plan,
20
(f) the matters in a contractor's safety management plan,
21
(g) regulating or prohibiting:
22
(i) the design, manufacture, supply or use of any plant at or
23
in relation to a mine, and
24
(ii) the design, manufacture, supply, storage, transport
25
oruse of any substance at or in relation to a mine, and
26
(iii) the carrying on of any process or the carrying out of any
27
activity at or in relation to a mine,
28
(h) requiring persons to identify hazards to the health and safety
29
of persons, and to assess risks, arising from work at or in
30
relation to a mine (including risks arising from the place of
31
work or from any plant or substance for use at work),
32
(i) designating the persons (whether employers, self-employed
33
persons, contractors or other persons) who are to be
34
responsible for compliance with the obligations imposed by
35
the regulations,
36
(j) the register of persons occupying positions,
Page 72
Mine Health and Safety Bill 2002 Clause 175
Regulations Part 12
1
(k) requiring a person, before commencing to carry out work of a
2
particular kind at a place of work at or in relation to a mine, to
3
give the Minister or other persons notice of the proposed work
4
in accordance with the regulations,
5
(l) requiring persons at a mine, in any circumstances involving a
6
risk to their health, to undergo a biological, hearing or other
7
test,
8
(m) requiring persons at a mine to not eat, drink or smoke in any
9
circumstances involving an increased risk to their health,
10
(n) measures for detecting and investigating cases in which the
11
health of persons has been affected, including medical
12
examinations, the making of biological, hearing or other tests
13
and the notification of absences from work,
14
(o) prohibiting, absolutely or conditionally, the use of specified
15
materials or classes or types of materials at or in relation to
16
mines,
17
(p) the design, construction, installation, maintenance, use,
18
testing, repair, adjustment, alteration and examination of
19
plant used at or in relation to mines,
20
(q) the design, use, construction and maintenance of buildings
21
and structures at mines,
22
(r) the design, use, construction and maintenance of equipment
23
used in connection with shafts and roadways in mines,
24
(s) the provision of security measures at a mine to prevent access
25
to shafts, declines and surface buildings when unattended,
26
(t) the circumstances in which consultation must be undertaken
27
by an operator of a mine or by a contractor,
28
(u) the mode of consultation by the operator of a mine or by a
29
contractor,
30
(v) the requirements to be observed and the precautions to be
31
taken in mining any location, including:
32
(i) under the ocean, a river, a lake, an estuary, a reservoir
33
or an aquifer, and
34
(ii) near any place or strata that is likely to contain a
35
dangerous accumulation of gas or water or material that
36
flows when wet,
37
(w) the control of the supply, storage and use of blasting
38
materials, blasting devices and inflammable materials at a
39
mine,
Page 73
Clause 175 Mine Health and Safety Bill 2002
Part 12 Regulations
1
(x) requiring the surveying, and the preparation of plans, of
2
barriers and protective pillars in a mine and prescribing the
3
time in which any such surveys or plans must be made or
4
prepared,
5
(y) the waiver, remission or refund of fees charged under the Act
6
or the regulations and the interest payable for late payment of
7
such fees,
8
(z) the registration of any plant, material or thing before it may be
9
used in, installed in or taken into a mine or connected to, or
10
used with, any other plant, material or thing used or installed
11
in a mine,
12
(aa) the generation, storage, transformation, transmission and use
13
of electricity at a mine,
14
(ab) requiring communication systems to be provided in a mine,
15
(ac) the supply and maintenance of first aid equipment, facilities
16
and locations at a mine,
17
(ad) the employment at a mine of persons trained to administer
18
first aid to persons injured,
19
(ae) the conveyance of persons injured within a mine from the
20
mine to their homes or hospital,
21
(af) the supply of drinking water at a mine,
22
(ag) the provision of facilities for the taking of meals both on the
23
surface and underground at a mine,
24
(ah) the supply and maintenance of safety equipment for the use of
25
persons employed at a mine,
26
(ai) the transport of persons and materials in a mine,
27
(aj) requiring persons employed in a mine who carry out
28
prescribed functions that may affect the safety or health of
29
other persons to hold any evidence of competence that may be
30
prescribed,
31
(ak) the ventilation of underground mines,
32
(al) the environmental working conditions in a mine,
33
(am) the control of the temperature and humidity to which persons
34
may be exposed in a mine,
35
(an) lighting in or about mines,
36
(ao) prohibiting the taking into mines of items that may affect the
37
safety of persons at mines,
Page 74
Mine Health and Safety Bill 2002 Clause 175
Regulations Part 12
1
(ap) searching persons, before entry into mines, for items referred
2
to in paragraph (ao) and the confiscation and disposal of any
3
such items found,
4
(aq) the fencing, enclosing or sealing of abandoned or
5
discontinued mines or parts of mines,
6
(ar) requiring the provision of information, and the means of
7
information provision, at a mine and prescribing:
8
(i) the number, design, construction, size and location of
9
those means of information provision, and
10
(ii) the matters that must be displayed or provided, and
11
(iii) the class or classes of persons to whom information is
12
to be provided,
13
(as) the preparation, maintenance, keeping and preservation of
14
plans, sections and drawings of mines (including abandoned
15
mines) and of workings in or about mines and of related
16
documents, including provisions for or with respect to the
17
preparation of those plans, sections and drawings by the
18
Director-General and the recovery of the cost of their
19
preparation, maintenance, keeping and preservation,
20
(at) surveys of mines (including abandoned mines),
21
(au) the furnishing or production of copies of plans, sections and
22
drawings of mines (including abandoned mines) and the
23
furnishing of information relevant to the preparation of those
24
plans, sections or drawings to the Director-General, to
25
inspectors and to other persons,
26
(av) the supply of, or the furnishing of information from, copies of
27
plans, sections or drawings filed with the Director-General to
28
persons,
29
(aw) prescribing, in respect of tailings disposal areas, engineering,
30
environmental and safety standards and practices to be
31
adopted in constructing and using emplacement areas and
32
steps to be taken to keep emplacement areas secure,
33
(ax) the provision, retention, maintenance and inspection of
34
records at a mine,
35
(ay) the obligations of land owners and land occupiers at or in the
36
vicinity of mines or abandoned or former mines,
37
(az) the functions of the Chief Inspector,
38
(ba) the functions of inspectors, investigators or mine safety
39
officers, including provisions for or with respect to the
Page 75
Clause 175 Mine Health and Safety Bill 2002
Part 12 Regulations
1
production of identification cards by inspectors, investigators
2
or mine safety officers and the warnings to be administered to
3
persons in the course of an inspection,
4
(bb) the functions of site check inspectors including provisions for
5
or with respect to the production of identification cards by
6
such persons,
7
(bc) the analysis of any substance,
8
(bd) the fees chargeable or payable for doing any act or providing
9
any service in connection with this Act or the regulations,
10
(be) forms for the purposes of this Act or the regulations,
11
(bf) the manner of serving notices under this Act or the
12
regulations,
13
(bg) any information to be provided to any person by an inspector
14
or other person exercising functions under this Act,
15
(bh) the persons, or class of persons, entitled to vote at an election
16
under this Act,
17
(bi) the manner in which an election under this Act must be held,
18
(bj) the fitness for work of those who work at mines,
19
(bk) the setting and variation of working time arrangements of
20
those who work at mines,
21
(bl) the consumption of alcohol or other drugs by those who work
22
at mines,
23
(bm) the content and operation of a management structure for a
24
mine,
25
(bn) supervision of those who work at mines,
26
(bo) the duties of an operator of mines in relation to
27
subcontractors,
28
(bp) periodic performance reports by operators of mines
29
concerning the occurrence of notifiable incidents within the
30
meaning of section 100.
Page 76
Mine Health and Safety Bill 2002 Clause 176
Regulations Part 12
176 Regulations may prescribe decisions that are to be reviewable by 1
2
Administrative Decisions Tribunal
3
(1) The regulations may authorise a person to apply to the
4
Administrative Decisions Tribunal for a review of a decision of a
5
class prescribed by the regulations that is made under this Act or the
6
regulations.
7
(2) The regulations may require any person who applies to the
8
Administrative Decisions Tribunal for a review of a decision under
9
this Act to notify any person of that application.
10
(3) Despite section 60 of the Administrative Decisions Tribunal Act
11
1997, the regulations may make provision for the operation and
12
implementation of a decision under review, or pending review, by
13
the Administrative Decisions Tribunal.
14
(4) Any such regulation cannot be made without the concurrence of the
15
Minister administering the Administrative Decisions Tribunal Act
16
1997.
17
177 Regulations: adapting duties under Part 5
18
The regulations may adapt the provisions of Part 5 to meet the
19
circumstances of any specified class of case.
20
178 Regulations concerning application of Part 5 to contractors
21
(1) The regulations may specify contractors or classes of contractors:
22
(a) in relation to whom some or all of Subdivision 4 of Division
23
2 of Part 5 does not create any duties or creates duties subject
24
to conditions, or
25
(b) to whom some or all of Division 6 of Part 5 does not apply or
26
applies subject to conditions.
27
(2) Any regulation made under this section applies only to contractors
28
who do not undertake mining activities as part of the work that they
29
undertake in connection with a coal operation.
30
179 Regulations may adopt other publications
31
The regulations may apply, adopt or incorporate any publication as
32
in force at a particular time or from time to time.
33
180 Regulations may create criminal offences
34
The regulations may create offences punishable by a penalty not
35
exceeding 250 penalty units.
Page 77
Clause 181 Mine Health and Safety Bill 2002
Part 12 Regulations
181 Exemptions 1
2
(1) The regulations may exempt persons, or persons of a prescribed
3
class, or any act, matter or thing, or any prescribed class of act,
4
matter or thing, either absolutely or subject to conditions, from any
5
provision of the regulations.
6
(2) The regulations may exempt an operator, or a class of operators,
7
from the requirement to prepare a mine safety management plan and
8
from requirements relating to that plan under Subdivision 2 of
9
Division 2 of Part 4.
10
182 Regulations relating to consultation
11
(1) If a provision of this Act requires consultation to be carried out with
12
persons who work at a mine, in the manner required by the
13
regulations, the regulations may specify the circumstances where it
14
is sufficient for the occupational health and safety committee for the
15
mine (established under the Occupational Health and Safety Act
16
2000) or the site check inspector for the mine to be consulted about
17
the matter rather than the persons who work at the mine.
18
(2) This section does not limit the mode of consultation that may be
19
required by the regulations, or the circumstances where consultation
20
may be required.
Page 78
Mine Health and Safety Bill 2002 Clause 183
Miscellaneous Part 13
Part 13 Miscellaneous 1
Division 1 Enforcement 2
Note.
3
Section 104A of the Occupational Health and Safety Act 2000 provides for
4
offences under this Act and the regulations to be prosecuted under that Act.
5
183 Offences by corporations
6
(1) If a corporation contravenes, whether by act or omission, any
7
provision of this Act or the regulations, each person who is a
8
director of the corporation or who is concerned in the management
9
of the corporation is taken to have contravened the same provision
10
unless the director or person satisfies the court that:
11
(a) he or she was not in a position to influence the conduct of the
12
corporation in relation to its contravention of the provision, or
13
(b) he or she, being in such a position, used all due diligence to
14
prevent the contravention by the corporation.
15
(2) A person may be proceeded against and convicted under a provision
16
pursuant to subsection (1) whether or not the corporation has been
17
proceeded against or has been convicted under the provision.
18
(3) Nothing in this section affects any liability imposed on a corporation
19
for an offence committed by the corporation under this Act or the
20
regulations.
21
184 Aiding or abetting the commission of offences
22
A person:
23
(a) who aids, abets, counsels or procures, or
24
(b) who, by act or omission, is in any way directly or indirectly
25
knowingly concerned in or a party to,
26
the commission of an offence against this Act or the regulations is
27
taken to have committed that offence and is punishable accordingly.
Page 79
Clause 185 Mine Health and Safety Bill 2002
Part 13 Miscellaneous
185 Defence 1
2
It is a defence to any proceedings against a person for an offence
3
against a provision of this Act or the regulations if the person proves
4
that:
5
(a) it was not reasonably practicable for the person to comply
6
with the provision, or
7
(b) the commission of the offence was due to causes over which
8
the person had no control and against the happening of which
9
it was impracticable for the person to make provision.
10
186 Defences to criminal proceedings not affected by this Act
11
It is not a defence to an action in any criminal proceedings that a
12
given course of action was not objected to by the Chief Inspector or
13
the Department, even if this Act gives the Chief Inspector or the
14
Department an opportunity to object to that course of action.
Division 2 Information 15
16
187 Disclosure of information
17
A person must not disclose any information obtained in connection
18
with the administration or execution of this Act unless that
19
disclosure is made:
20
(a) with the consent of the person from whom the information
21
was obtained, or
22
(b) in connection with the administration or execution of this Act
23
(or any other Act), or
24
(c) for the purposes of any legal proceedings arising out of this
25
Act (or any other Act) or of any report of any such
26
proceedings, or
27
(d) in accordance with the Freedom of Information Act 1989, or
28
(e) in accordance with a requirement imposed under the
29
Ombudsman Act 1974, or
30
(f) with the consent of the Minister, or
31
(g) with other lawful excuse.
32
Maximum penalty: 20 penalty units.
Page 80
Mine Health and Safety Bill 2002 Clause 188
Miscellaneous Part 13
188 False or misleading statements 1
2
A person must not, in giving any answer required of the person by a
3
person under this Act, or in complying with a requirement to make
4
a report under this Act, to furnish any returns, statistics or other
5
information or to inform a person of the substance of any
6
instructions, make a statement that the person knows to be false or
7
misleading in a material particular or recklessly make a statement
8
that is false or misleading in a material particular.
9
Maximum penalty:
10
(a) in the case of a previous offender--150 penalty units, or
11
(b) in any other case--100 penalty units.
12
189 Defence
13
A person does not commit an offence against this Division by giving
14
any answer, information or a document if the person, when giving
15
the answer, the information or the document:
16
(a) tells the other person, to the best of his or her ability, how it is
17
false or misleading, and
18
(b) gives the correct information, in circumstances where the
19
person has, or can reasonably obtain, the correct information.
Division 3 Exercise and delegation of functions 20
21
190 Chief Inspector subject to Ministerial control
22
The Chief Inspector is, in the exercise of his or her functions, subject
23
to Ministerial control and direction.
24
191 Minister may exercise function of Chief Inspector
25
The Minister may, at his or her discretion, exercise a function
26
conferred on the Chief Inspector by this Act or the regulations.
27
192 Delegation of functions by the Minister
28
(1) The Minister may, by instrument in writing, delegate to the
29
Director-General any of the functions conferred or imposed on the
30
Minister by or under this Act (other than this power of delegation).
31
(2) The Minister may, by instrument in writing, delegate to the Board
32
any of the functions conferred or imposed on the Minister under
33
Part 10.
Page 81
Clause 193 Mine Health and Safety Bill 2002
Part 13 Miscellaneous
193 Delegation of functions by Chief Inspector 1
2
The Chief Inspector may, by instrument in writing, delegate to any
3
inspector any of the functions conferred or imposed on the Chief
4
Inspector by or under this Act (other than this power of delegation).
5
194 Delegation of functions by Director-General
6
(1) The Director-General may, by instrument in writing, delegate to an
7
authorised person any function conferred or imposed on the
8
Director-General by or under this Act, including this power of
9
delegation.
10
(2) The Director-General may subdelegate to any authorised person any
11
function delegated to the Director-General by the Minister if the
12
Director-General is authorised to do so by the Minister.
13
(3) In this section:
14
authorised person means:
15
(a) an officer of the Department, or
16
(b) any other person prescribed by the regulations.
Division 4 Service of documents 17
18
195 Service of documents
19
(1) A document that is authorised or required by this Act or the
20
regulations to be served on any person may be served by:
21
(a) in the case of a natural person:
22
(i) delivering it to the person personally, or
23
(ii) sending it by post to the address specified by the person
24
for the giving or service of documents or, if no such
25
address is specified, the residential or business address
26
of the person last known to the person giving or serving
27
the document, or
28
(iii) sending it by facsimile transmission to the facsimile
29
number of the person, or
30
(b) in the case of a body corporate:
31
(i) leaving it with a person apparently of or above the age
32
of 16 years at, or by sending it by post to, the head
33
office, a registered office or a principal office of the
34
body corporate or to an address specified by the body
35
corporate for the giving or service of documents, or
Page 82
Mine Health and Safety Bill 2002 Clause 196
Miscellaneous Part 13
1
(ii) sending it by facsimile transmission to the facsimile
2
number of the body corporate.
3
(2) Nothing in this section affects the operation of any provision of a
4
law or of the rules of a court authorising a document to be served on
5
a person in any other manner.
6
196 Supply of documents to an operator
7
If this Act or the regulations requires something to be sent or given
8
to the operator of a mine it is enough that it is sent or given to the
9
most senior person identified in the operator's management
10
structure who is at work or given to a person at the on-site office of
11
the mine or at the premises at which the relevant part of the work of
12
the mine is carried out.
13
197 Supply of documents to Chief Inspector
14
If this Act or the regulations requires something to be sent or given
15
to the Chief Inspector, it is enough that it is sent or given to a person,
16
or left at a place, specified by the Chief Inspector by order published
17
in the Gazette.
Division 5 Fees 18
19
198 Fees
20
(1) The Minister may determine the fees and charges payable:
21
(a) by an applicant for a certificate of competence, and
22
(b) by a candidate for an examination conducted by the Board,
23
and
24
(c) for any service provided by the Board, and
25
(d) for the testing of plant or material for registration for the
26
purpose of this Act or the regulations, and
27
(e) for the issue of any tourist or educational permit, and
28
(f) for any other purpose in connection with this Act authorised
29
by the regulations.
30
(2) Any determination made under this section is subject to the
31
regulations.
Page 83
Clause 199 Mine Health and Safety Bill 2002
Part 13 Miscellaneous
Division 6 General 1
2
199 Protection from liability
3
(1) A matter or thing done or omitted to be done by a protected person
4
does not, if the matter or thing was done or omitted in good faith for
5
the purpose of executing any provision of this or any other Act,
6
subject such person personally to any action, liability, claim or
7
demand.
8
(2) In this section, protected person means the following:
9
(a) the Minister,
10
(b) the Director-General,
11
(c) the Chief Inspector,
12
(d) a member of the Board,
13
(e) a site check inspector,
14
(f) an inspector,
15
(g) a mine safety officer,
16
(h) an investigator,
17
(i) a person who constitutes a Board of Inquiry,
18
(j) an assessor sitting with a Board of Inquiry.
19
200 No obligation to exercise power
20
Nothing in this Act, other than a provision creating an offence,
21
imposes an obligation on a person to exercise any power because the
22
person is a site check inspector.
Page 84
Mine Health and Safety Bill 2002 Clause 201
Repeals and amendments Part 14
Part 14 Repeals and amendments 1
2
201 Repeals
3
The following are repealed:
4
(a) the Mines Inspection Act 1901 No 75,
5
(b) the Mines Inspection Amendment Act 1998 No 69,
6
(c) the Mines Inspection General Rule 2000,
7
(d) the Mines Inspection Regulation 1999.
8
202 Amendment of Mining Act 1992 No 29
9
The Mining Act 1992 is amended as set out in Schedule 1.
10
203 Amendment of Occupational Health and Safety Act 2000 No 40
11
The Occupational Health and Safety Act 2000 is amended as set out
12
in Schedule 2.
13
204 Amendment of other Acts
14
Each Act specified in Schedule 3 is amended as set out in that
15
Schedule.
16
205 Savings, transitional and other provisions
17
Schedule 4 has effect.
18
206 Review of Act
19
(1) The Minister is to review this Act to determine whether the policy
20
objectives of the Act remain valid and whether the terms of the Act
21
remain appropriate for securing those objectives.
22
(2) The review is to be undertaken as soon as possible after the period
23
of 5 years from the date of assent to this Act.
24
(3) A report on the outcome of the review is to be tabled in each House
25
of Parliament within 12 months after the end of the period of 5
26
years.
Page 85
Mine Health and Safety Bill 2002
Schedule 1 Amendment of Mining Act 1992
Schedule 1 Amendment of Mining Act 1992
(Section 202)
Section 163A
Insert after section 163:
163A Mine holdings
(1) The Director-General is to cause to be kept a register of mine
holdings (referred to in this section as the register) in such
form as may be prescribed by the regulations.
(2) The Director-General is to cause to be recorded in the register:
(a) such particulars as are necessary to give effect to a
direction given under this section, and
(b) such other particulars as may be prescribed by the
regulations.
(3) A person who has a right (whether under a mining lease or
otherwise) to mine for minerals other than coal or to carry out
mining purposes in relation to minerals other than coal on any
land may apply to have the land registered as a mine holding
or recorded on the register as part of an existing mine holding.
(4) A person who has an interest in a mine holding may apply to
have the registration of the mine holding cancelled or
amended so as to exclude land from the mine holding.
(5) An application under this section:
(a) must be lodged with the Director-General, and
(b) must be accompanied by the particulars prescribed by
the regulations.
(6) The Minister may, by order in writing, direct that specified
land (being land in which a person has, in the Minister's
opinion, a right to mine for minerals other than coal or to carry
out mining purposes in connection with mining for minerals
other than coal) be registered as a mine holding or recorded
on the register as part of an existing mine holding.
(7) The Minister may, by order in writing, direct that the
registration of a mine holding be cancelled or amended so as
to exclude specified land from the mine holding.
Page 86
Mine Health and Safety Bill 2002
Amendment of Mining Act 1992 Schedule 1
1
(8) A direction may be given under subsection (6) or (7) whether
2
or not an application has been made under subsection (3) or
3
(4) in respect of the same land.
4
(9) The Director-General is to cause copies of any direction under
5
subsection (6) or (7) to be served on such persons as, in the
6
Director-General's opinion, have a right to mine minerals
7
other than coal or to carry out mining purposes in connection
8
with mining for minerals other than coal in the land or mine
9
holding to which the instrument relates.
Page 87
Mine Health and Safety Bill 2002
Schedule 2 Amendment of Occupational Health and Safety Act 2000
Schedule 2 Amendment of Occupational Health and 1
Safety Act 2000 2
3
(Section 203)
4
[1] Section 4 Definitions
5
Omit paragraph (c) of the definition of associated occupational health
6
and safety legislation.
7
[2] Section 4, definition of "mine"
8
Omit the definition.
9
[3] Section 4
10
Insert in alphabetical order:
11
mining or quarrying operation means a place to which the
12
Mine Health and Safety Act 2002 applies.
13
[4] Section 5 Application of Act
14
Omit "mines" from Note 1 to the section.
15
Insert instead "mining or quarrying operations".
16
[5] Section 17 Establishment of OHS committees, election of OHS
17
representatives and other agreed arrangements
18
Insert after section 17 (6):
19
(7) In relation to a mining or quarrying operation:
20
(a) a site check inspector (within the meaning of the Mine
21
Health and Safety Act 2002) for a mining or quarrying
22
operation, must be a member of any OHS committee for
23
the mining or quarrying operation, and
24
(b) subsection (2) does not apply.
25
Note. The Mine Health and Safety Act 2002 makes provision for the
26
election or appointment of certain persons to carry out inspections and
27
perform other functions on behalf of persons who work at a mining or
28
quarrying operation.
Page 88
Mine Health and Safety Bill 2002
Amendment of Occupational Health and Safety Act 2000 Schedule 2
[6] Section 30 Alternative verdicts 1
2
Insert after section 30 (2):
3
(3) If in proceedings for an offence against a provision of section
4
8 or 9 the court is not satisfied that the person contravened that
5
provision but is satisfied that the act or omission concerned
6
constituted a contravention of a provision of Part 5 of the
7
Mine Health and Safety Act 2002, the court may convict the
8
person of an offence against that other provision.
9
[7] Section 47 Appointment of inspectors (otherwise than in
10
connection with mining or quarrying operations or coal
11
workplaces)
12
Omit "mine" from section 47 (2).
13
Insert instead "mining or quarrying operation".
14
[8] Section 47A
15
Omit the section. Insert instead:
16
47A Appointment of inspectors in connection with mining or
17
quarrying operations
18
A person appointed as a government official under the Mine
19
Health and Safety Act 2002 is taken to have been appointed as
20
an inspector for the purposes of this Act and the regulations.
21
Such a person is only authorised to exercise functions under
22
this Act in relation to a mining or quarrying operation, but
23
may exercise functions under Division 2 in relation to
24
premises other than a mining or quarrying operation for the
25
purpose of investigating any matter under this Act in relation
26
to a mining or quarrying operation.
27
[9] Section 48 Identification of inspectors
28
Omit "Mines Inspection Act 1901" from section 48 (3).
29
Insert instead "Mine Health and Safety Act 2002".
30
[10] Sections 77 and 81
31
Insert "or the Mine Health and Safety Act 2002," after "legislation"
32
wherever occurring.
Page 89
Mine Health and Safety Bill 2002
Schedule 2 Amendment of Occupational Health and Safety Act 2000
[11] Sections 86 (5) and 87 (6) 1
2
Omit "mine" wherever occurring.
3
Insert instead "mining or quarrying operation".
4
[12] Section 104A Application of this Part
5
Insert after section 104A (2):
6
(2A) This Part extends to proceedings in connection with the Mine
7
Health and Safety Act 2002 and the regulations under that
8
Act.
9
[13] Section 104A (3)
10
Insert "or (2A)" after "(2)".
11
[14] Section 104A (3) (d)
12
Insert "or the Mine Health and Safety Act 2002" after "Coal Mine Health
13
and Safety Act 2002".
14
[15] Section 104A (4)
15
Insert "or the Mine Health and Safety Act 2002" after "Coal Mine Health
16
and Safety Act 2002".
17
[16] Section 104A (4)
18
Omit "that Act". Insert instead "those Acts".
19
[17] Section 133 Application of Act to mining and quarrying operations
20
and coal workplaces: references to WorkCover
21
Omit "Mines Inspection Act 1901".
22
Insert instead "Mine Health and Safety Act 2002".
Page 90
Mine Health and Safety Bill 2002
Amendment of other Acts Schedule 3
Schedule 3 Amendment of other Acts 1
2
(Section 204)
3.1 Coroners Act 1980 No 27 3
4
[1] Schedule 1 Special provisions--inquests concerning deaths or
5
suspected deaths in mines
6
Omit "Mines Inspection Act 1901" wherever occurring from the
7
definitions of investigator and mine in clause 1.
8
Insert instead "Mine Health and Safety Act 2002".
9
[2] Schedule 1, clause 2
10
Omit "Mines Inspection Act 1901" from clause 2 (a).
11
Insert instead "Mine Health and Safety Act 2002".
3.2 Dangerous Goods Act 1975 No 68 12
13
Sections 5 (3) and 41 (2)
14
Omit "Mines Inspection Act 1901" wherever occurring.
15
Insert instead "Mine Health and Safety Act 2002".
3.3 Defamation Act 1974 No 18 16
17
Section 17U and clause 2 (19B) of Schedule 2
18
Omit "Mines Inspection Act 1901" wherever occurring.
19
Insert instead "Mine Health and Safety Act 2002".
3.4 Electricity Safety Act 1945 (1946 No 13) 20
21
Section 4 Definitions
22
Omit "Mines Inspection Act 1901" from the definition of Electrical
23
installation in section 4 (1).
24
Insert instead "Mine Health and Safety Act 2002".
Page 91
Mine Health and Safety Bill 2002
Schedule 3 Amendment of other Acts
3.5 Industrial Relations Act 1996 No 17 1
2
Section 197A Appeals against acquittals in proceedings for
3
offences against occupational health and safety legislation
4
Insert after paragraph (d) of the definition of occupational health and
5
safety legislation in section 197A (10):
6
(d1) the Mines Inspection Act 1901, and
7
(d2) the Mines Health and Safety Act 2002, and
3.6 Offshore Minerals Act 1999 No 42 8
9
Sections 123, 183, 259 and 308
10
Omit "Mines Inspection Act 1901" wherever occurring in the note to each
11
section.
12
Insert instead "Mine Health and Safety Act 2002".
3.7 Petroleum (Onshore) Act 1991 No 84 13
14
Sections 113 (1) and 128 (1)
15
Omit "Mines Inspection Act 1901" wherever occurring.
16
Insert instead "Mine Health and Safety Act 2002".
3.8 Radiation Control Act 1990 No 13 17
18
[1] Section 5 Application of Act to radioactive ore being mined or
19
treated
20
Omit "mine (as defined in section 4 (1) of the Mines Inspection Act 1901)
21
or is the subject of treatment (as so defined)".
22
Insert instead "mine as defined in the Mine Health and Safety Act 2002 or
23
is the subject of treatment".
24
[2] Section 38 Consultation and co-operation between Ministers
25
Omit "Mines Inspection Act 1901" from section 38 (b).
26
Insert instead "Mine Health and Safety Act 2002".
Page 92
Mine Health and Safety Bill 2002
Amendment of other Acts Schedule 3
3.9 Rail Safety Act 1993 No 50 1
2
Section 8 Railways to which Act applies
3
Omit "Mines Inspection Act 1901" from section 8 (2) (a).
4
Insert instead "Mine Health and Safety Act 2002".
3.10 Rail Safety Act 2002 No 96 5
6
Section 6 Railways to which Act applies
7
Omit "Mines Inspection Act 1901" from section 6 (2) (a).
8
Insert instead "Mine Health and Safety Act 2002".
3.11 Surveying Act 2002 No 83 9
10
Sections 3 (1) and 13 (4) (f)
11
Omit "Mines Inspection Act 1901" wherever occurring.
12
Insert instead "Mine Health and Safety Act 2002".
3.12 Surveyors Act 1929 No 3 13
14
Section 25 Saving
15
Omit "Mines Inspection Act 1901".
16
Insert instead "Mine Health and Safety Act 2002".
Page 93
Mine Health and Safety Bill 2002
Schedule 4 Savings, transitional and other provisions
Schedule 4 Savings, transitional and other provisions 1
2
(Section 205)
Part 1 General 3
4
1 Regulations
5
(1) The regulations may contain provisions of a savings or transitional
6
nature consequent on the enactment of the following Acts:
7
this Act
8
(2) Any such provision may, if the regulations so provide, take effect
9
from the date of assent to the Act concerned or a later date.
10
(3) To the extent to which any such provision takes effect from a date
11
that is earlier than the date of its publication in the Gazette, the
12
provision does not operate so as:
13
(a) to affect, in a manner prejudicial to any person (other than the
14
State or an authority of the State), the rights of that person
15
existing before the date of its publication, or
16
(b) to impose liabilities on any person (other than the State or an
17
authority of the State) in respect of anything done or omitted
18
to be done before the date of its publication.
Part 2 Provisions consequent on the enactment of 19
this Act 20
Division 1 Interpretation 21
22
2 Definition
23
In this Part:
24
former Act means the Mines Inspection Act 1901.
Division 2 Phasing-in of plans and systems 25
26
3 Phasing-in of plans and systems
27
Without limiting clause 1, the regulations may make provision for
28
plans, systems or other arrangements developed under the former
29
Act and in force or effect immediately before the repeal of the
30
former Act to be acceptable as fulfilling any requirement imposed
Page 94
Mine Health and Safety Bill 2002
Savings, transitional and other provisions Schedule 4
1
by or under this Act for the duration of any phasing-in period
2
prescribed by the regulations.
3
4 Saving of occupational safety and health policies
4
Without limiting clause 3, an occupational safety and health policy
5
prepared for a mine under the Mines Inspection General Rule 2000
6
as in force immediately before the repeal of the former Act
7
continues to have effect in respect of the mine after that date and
8
until replaced by an occupational health and safety policy prepared
9
under this Act.
Division 3 Employment 10
11
5 Agreement concerning hours of work
12
An agreement under section 29 (2) of the former Act in force
13
immediately before the repeal of the former Act continues to have
14
effect despite the provisions of section 88 of this Act. The
15
agreement cannot be varied but may be terminated by the operator
16
concerned or by the Chief Inspector.
17
6 Approvals concerning hours of work
18
Despite the provisions of section 88 of this Act, an approval under
19
section 29 (4) of the former Act in force immediately before the
20
repeal of the former Act is taken to be an approval permitting
21
employment contrary to the provisions of section 88. Such an
22
approval continues in effect until it expires, or is revoked by the
23
Chief Inspector, whichever occurs sooner.
24
7 Requirement of alteration of work hours
25
A requirement imposed by the Chief Inspector under section 30 of
26
the former Act in force immediately before the repeal of the former
27
Act is taken to be a requirement imposed under section 89 of this
28
Act.
Division 4 Certificates and permits under former Act 29
30
8 Certificates of competency saved
31
On and from the repeal of the former Act:
32
(a) a certificate of competency as a production manager granted
33
under section 7 of the former Act is taken to have been
34
granted under section 131 of this Act in relation to the
Page 95
Mine Health and Safety Bill 2002
Schedule 4 Savings, transitional and other provisions
1
functions ordinarily required to be exercised by the holder of
2
a position prescribed by the regulations for the purposes of
3
this clause, and
4
(b) a certificate of competency as shotfirer granted under section
5
18G of the former Act is taken to have been granted under
6
section 131 of this Act in relation to the functions ordinarily
7
required to be exercised by the holder of a position prescribed
8
by the regulations for the purposes of this clause, and
9
(c) a certificate of competency as an engine driver relating to
10
winders and hoists granted under section 14 of the former Act,
11
is taken to have been granted under section 131 of this Act in
12
relation to the functions ordinarily required to be exercised by
13
the holder of a position prescribed by the regulations for the
14
purposes of this clause.
15
9 Saving of tourist and educational permits
16
A permit issued under section 48C of the former Act that was in
17
force immediately before the repeal of the former Act is taken to be
18
a permit under section 97 of this Act.
Division 5 Holders of positions in management structure 19
20
10 Holders of positions in management structure
21
Without limiting clause 1, the regulations may make provision for a
22
person who held a position in the management of a mine
23
immediately before the repeal of the former Act to be taken to hold
24
a prescribed position in the management structure of a mining or
25
quarrying operation under this Act.
Division 6 References 26
27
11 References to former Act
28
On and from the commencement of this clause, a reference in any
29
other Act, in any instrument made under another Act, or in any
30
document of any kind, to the former Act is to be read as a reference
31
to this Act.
Page 96
Mine Health and Safety Bill 2002
Savings, transitional and other provisions Schedule 4
Division 7 Notification of events 1
2
12 Place of accident or occurrence not to be disturbed
3
Division 4 of Part 4 of the former Act continues to apply for 3 days
4
after the repeal of the former Act as if it had not been repealed.
5
13 Notification of certain events and other matters
6
Part 7 extends to an event that occurred in the 2 days immediately
7
before the commencement of the Part.
Division 8 Boards of Inquiry 8
9
14 Boards of Inquiry continue
10
A Board of Inquiry constituted under the former Act and active
11
immediately before the repeal of the former Act continues under this
12
Act as if it were constituted under this Act and may continue any
13
special inquiry under that Act as if the Act had not been repealed. In
14
particular, section 47L of the former Act continues to apply to such
15
a special inquiry as if it had not been repealed.
Division 9 Office holders 16
17
15 Site check inspectors
18
A person who held office under the former Act as a check inspector
19
or employee representative for a mine immediately before the repeal
20
of the former Act is taken to have been appointed as a site check
21
inspector under this Act for the mining or quarrying operation that
22
includes that mine. The person's appointment as a site check
23
inspector under this Act is taken to have commenced when the
24
person was elected to the office concerned under the former Act.
Page 97
Mine Health and Safety Bill 2002
Schedule 4 Savings, transitional and other provisions
Division 10 Miscellaneous 1
2
16 Operation of Part
3
The operation of this Part is subject to the regulations.
Page 98
[Index] [Search] [Download] [Related Items] [Help]