New South Wales Consolidated Acts

MINING ACT 1992 - SECT 378E

378E Defences

(1) It is a defence to a prosecution of the holder of an authorisation for an offence against section 378D if the holder establishes that--

(a) the contravention of the condition was by, or caused by, another person, and

(b) the other person was not associated with the holder at the time the condition was contravened, and

(c) the holder took all reasonable steps to prevent the contravention of the condition.

(2) A person is associated with the holder for the purposes of subsection (1) (b) (but without limiting any other circumstances of association) if the person is an employee, agent, licensee, contractor or subcontractor of the holder, or if the person holds a mining sublease granted by the holder under section 83A.

(3) It is a defence to a prosecution for an offence against section 378D if the defendant satisfies the court that the act or omission constituting the contravention was reasonably necessary in order for the defendant to comply with--

(a) an order or direction (of which the Secretary was given notice before the acts or omissions occurred) issued under the mine safety legislation, the Environmental Planning and Assessment Act 1979 or the Protection of the Environment Operations Act 1997 , or

(b) a condition of an authorisation, or

(c) a direction under this Act.

(4) In this section--

"mine safety legislation" means the Work Health and Safety (Mines and Petroleum Sites) Act 2013 , Work Health and Safety Act 2011 and any other legislation that is prescribed by the regulations.