Queensland Consolidated Acts

COAL MINING SAFETY AND HEALTH ACT 1999

- As at 1 September 2024 
- Act 39 of 1999 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement

           Division 2 - Operation of Act

   3.      Act binds all persons
   4.      What does this Act apply to
   5.      Who does this Act apply to
   5A.     Relationship with Rail Safety National Law (Queensland)

           Division 3 - Objects of Act

   6.      Objects of Act
   7.      How objects are to be achieved

           Division 4 - Interpretation

   8.      Dictionary
   9.      Meaning of coal mine
   10.     Meaning of on-site activities
   11.     Meaning of safety and health
   12.     Meaning of competence
   13.     Meaning of consultation
   14.     Meaning of standard operating procedure
   15.     Meaning of accident
   16.     Meaning of serious accident
   17.     Meaning of high potential incident
   18.     Meaning of risk
   19.     Meaning of hazard
   20.     Meaning of principal hazard
   21.     Meaning of coal mine operator
   22.     Meaning of geographically separated
   23.     Meaning of physical overlapping of coal mining operations
   24.     When is a coal mine operator not in control
   25.     Meaning of site senior executive
   26.     Meaning of supervisor
   27.     Meaning of industry safety and health representative
   28.     Meaning of site safety and health representative

   PART 2 - THE CONTROL AND MANAGEMENT OF RISK AND OTHER BASIC CONCEPTS

           Division 1 - Control and management of risk

   29.     What is an acceptable level of risk
   30.     How is an acceptable level of risk achieved
   31.     What happens if the level of risk is unacceptable

           Division 2 - Cooperation

   32.     Cooperation to achieve objects of Act

   PART 3 - SAFETY AND HEALTH OBLIGATIONS

           Division 1 - Preliminary

   33.     Obligations for safety and health
   34.     Discharge of obligations
   35.     Person may owe obligations in more than 1 capacity
   36.     Person not relieved of obligations
   37.     How obligation can be discharged if regulation or recognised standard made
   38.     How obligations can be discharged if no regulation or recognised standard made

           Division 2 - Generally applicable safety and health obligations of persons

   39.     Obligations of persons generally
   39A.    Additional obligations

           Division 3 - Obligations of holders, coal mine operators, site senior executives and others

   40.     Obligations of holders
   41.     Obligations of coal mine operators
   42.     Obligations of site senior executive for coal mine
   43.     Obligations of contractors
   44.     Obligations of designers, manufacturers, importers and suppliers of plant etc. for use at coal mines
   45.     Obligations of erectors and installers of plant
   45A.    Obligations of designers, constructors and erectors of earthworks
   46.     Obligations of manufacturers, importers and suppliers of substances for use at coal mines
   47.     (Repealed)

           Division 3A - Obligations of officers of corporations

   47A.    Obligation of officers of corporations

           Division 4 - Defences

   48.     Defences for div 2, 3 or 3A

   PART 3A - INDUSTRIAL MANSLAUGHTER

   48A.    Definitions for part
   48B.    Exception for the Criminal Code, s 23
   48C.    Industrial manslaughter—employer
   48D.    Industrial manslaughter—senior officer

   PART 4 - PROVISIONS ABOUT THE OPERATION OF COAL MINES

           Division 1 - Notices about coal mines

   49.     Notices by holder
   50.     Notices by coal mine operator
   51.     Notice of management structure
   52.     Notice about exploration activities
   52A.    Notice about underground gasification activities

           Division 2 - Management of coal mines

              Subdivision 1 - General

   53.     Appointment of coal mine operator
   54.     Limitations on appointment of site senior executive
   55.     Management structure for safe operations at coal mines
   56.     Appointment of supervisors
   57.     Acting site senior executive
   58.     Other appointments during absences
   59.     Appointment of open-cut examiner
   59A.    Acting open-cut examiner

              Subdivision 3 - Underground mines

   60.     Additional requirements for management of underground mines
   60A.    Acting managers of underground mines
   61.     Appointment of ventilation officer
   61A.    Acting ventilation officer

           Division 3 - Safety and health management systems

   62.     Safety and health management system
   62A.    Additional requirement for coal mining operation for incidental coal seam gas
   63.     Principal hazard management plan
   64.     Review of principal hazard management plans and standard operating procedures

           Division 3A - Joint interaction management plans for overlapping resource authorities

   64C.    Application of div 3A
   64D.    Definitions for div 3A
   64E.    Requirement for joint interaction management plan
   64F.    Content of joint interaction management plan
   64G.    Notification of making of joint interaction management plan
   64H.    Review
   64I.    Availability of joint interaction management plan

           Division 4 - Records and reporting

   65.     Changes in management structure to be reported to an inspector
   66.     Management structure to be recorded in the mine record
   67.     Plans of coal mine workings
   68.     Mine record
   69.     Display of directives, reports and other information
   69A.    Current or past coal mine worker entitled to training and assessment report
   69B.    Site senior executive entitled to training and assessment report from previous coal mine

           Division 5 - Protection of abandoned coal mines

   70.     Responsibility for protecting abandoned coal mines

   PART 5 - RECOGNISED STANDARDS

   71.     Purpose of recognised standards
   72.     Recognised standards
   73.     Use of recognised standards in proceedings

   PART 5A - (Repealed)

   PART 6 - INDUSTRY CONSULTATIVE ARRANGEMENTS

           Division 1 - Purposes of part

   74.     Purposes of pt 6

           Division 2 - Coal mining safety and health advisory committee and its functions

   75.     Coal mining safety and health advisory committee
   76.     Primary function of committee
   76A.    Other functions of committee
   77.     Annual report

           Division 3 - Membership and conduct of committee proceedings

   78.     Membership of committee
   79.     Organisations to submit names to Minister
   80.     Appointment of members
   81.     Duration of appointment
   82.     Conditions of appointment
   83.     Member ceasing as member
   83A.    Substitute members
   84.     Times and places of committee meetings
   85.     Presiding at meetings of the committee
   86.     Quorum and voting at meetings of the committee
   87.     Recommendation to Minister if vote not unanimous
   88.     Taking part in meetings by telephone etc.
   89.     Resolutions without meetings
   90.     Minutes by the committee
   91.     Subcommittees

   PART 7 - SITE SAFETY AND HEALTH REPRESENTATIVES

           Division 1 - Purposes of part

   92.     Purposes of pt 7

           Division 2 - Election of site safety and health representatives

   93.     Election of site safety and health representatives
   94.     Further election if site safety and health representative not available
   95.     Person must be qualified to act as site safety and health representative
   96.     Ceasing to be site safety and health representative
   97.     Removal from office by Minister
   98.     Election after removal from office

           Division 3 - Process for election of site safety and health representatives

   98A.    When election must be held
   98B.    Who is to conduct election
   98C.    Obligations of entity or entities conducting election

           Division 4 - Functions and powers of site safety and health representatives

   99.     Functions of site safety and health representatives
   100.    Powers of site safety and health representative
   101.    Stopping of operations by site safety and health representatives
   102.    Effect of report
   103.    Site senior executive not to restart operations until risk at an acceptable level
   104.    Site safety and health representative not to unnecessarily impede production
   105.    Protection of site safety and health representatives performing functions

           Division 5 - Obligations of site senior executives

   106.    Site senior executive to tell site safety and health representatives about certain things
   107.    Site senior executive to display identity of site safety and health representatives

   PART 8 - INDUSTRY SAFETY AND HEALTH REPRESENTATIVES

           Division 1 - Purposes of part

   108.    Purposes of pt 8

           Division 2 - Industry safety and health representatives

   109.    Appointment of industry safety and health representatives
   110.    Industry safety and health representative to work full-time
   111.    Funding of industry safety and health representative
   112.    Termination of appointment
   113.    Appointment after termination
   114.    Filling of temporary vacancy
   115.    Vacancy generally
   116.    Persons not to pretend to be industry safety and health representatives if not appointed
   117.    Industry safety and health representative restricted to safety and health purposes
   118.    Functions of industry safety and health representatives
   119.    Powers of industry safety and health representatives
   120.    Industry safety and health representative not to unnecessarily impede production
   121.    Inadequate or ineffective safety and health management systems
   122.    Identity cards
   123.    Failure to return identity card
   124.    Production or display of identity card

   PART 9 - INSPECTORS AND OTHER OFFICERS AND DIRECTIVES

           Division 1 - Inspectors and inspection officers

   125.    Appointments
   126.    Qualifications for appointment as inspector
   127.    Qualifications for appointment as inspection officer
   127A.   Appointment conditions and limit on powers
   128.    Functions of inspectors and inspection officers
   129.    Further function of inspectors

           Division 2 - Authorised officers

   129A.   Appointments
   129B.   Qualifications for appointment as authorised officer
   129C.   Appointment conditions and limit on functions and powers
   129D.   Functions of authorised officers
   129E.   Information about functions and powers

           Division 3 - Identity cards for inspectors, inspection officers and authorised officers

   130.    Identity cards
   131.    Failure to return identity card
   132.    Production or display of identity card

           Division 4 - Powers of inspectors, inspection officers and authorised officers

              Subdivision 1 - Preliminary

   132A.   Definition for div 4

              Subdivision 2 - Power to enter places

   133.    Entry to places

              Subdivision 3 - Procedure for entry

   134.    Consent to entry
   135.    Application for warrant
   136.    Issue of warrant
   137.    Special warrants
   138.    Warrants—procedure before entry
   138A.   Entry to residential premises

              Subdivision 4 - General powers

   139.    General powers after entering coal mine or other places
   140.    Failure to help officer
   141.    Failure to answer questions
   142.    Site senior executive must help officer

              Subdivision 5 - Power to seize evidence

   143.    Seizing evidence at coal mine or other place
   144.    Securing things after seizure
   145.    Tampering with things subject to seizure
   146.    Powers to support seizure
   147.    Receipts to be given on seizure
   148.    Forfeiture
   149.    Return of seized things
   150.    Access to things that have been seized

              Subdivision 6 - Power to stop and secure plant and equipment

   151.    Officer may stop and secure plant and equipment

              Subdivision 7 - Power to obtain information

   152.    Power to require personal details
   153.    Offence to contravene personal details requirement
   154.    Power to require production of documents
   155.    Failure to produce document
   156.    Failure to certify copy of document
   157.    Power to require attendance of persons before an officer to answer questions
   158.    Failure to comply with requirement about attendance
   159.    Use of particular evidence in proceedings

              Subdivision 8 - Additional powers of chief inspector

   160.    Additional powers of chief inspector

           Division 5 - Directives

              Subdivision 1 - Preliminary

   161.    Definition for division

              Subdivision 2 - Power to give directives

   162.    Directive may be given

              Subdivision 3 - Directives relating to acceptable level of risk

   163.    When directive may be given

              Subdivision 4 - Directives relating to other matters

   164.    Directive to ensure task performed only by coal mine worker with competency
   165.    Directive to isolate site to preserve evidence
   166.    Directive to operate part of surface mine as separate part
   167.    Directive to give report to chief inspector

              Subdivision 5 - How directives given

   168.    Contents of directive
   169.    Directive may be given orally or by notice
   170.    Withdrawal of directive

              Subdivision 6 - Compliance with directives

   171.    Person must comply with directive

              Subdivision 7 - Records

   172.    Authorised official must keep record of directive
   173.    Directive must be entered in mine record
   174.    Coal mine workers must have access to directives
   174A.   Authorised official must keep record of report
   174B.   Authorised official must keep record of inspection of coal mine

              Subdivision 8 - Review of directives

   175.    Application for review
   176.    Procedure for review
   177.    Review of directive
   178.    Stay of operation of directive

           Division 6 - General enforcement offences

   179.    False or misleading statements
   180.    False or misleading documents
   181.    Obstructing inspectors, officers or industry safety and health representatives

   PART 10 - BOARD OF EXAMINERS

           Division 1 - Preliminary

   182.    Purposes of pt 10
   182A.   Definition for part

           Division 2 - Board of examiners and its functions

   183.    Inspector for pt 10
   184.    Board of examiners
   185.    Functions of board of examiners
   185A.   Minister’s power to give directions in public interest
   186.    Membership
   187.    Board of examiners to appoint secretary
   188.    Appointment of board of examiners
   189.    Quorum and voting at meetings of the board
   190.    Presiding at meetings of the board of examiners
   191.    Conditions of appointment
   192.    Proceedings of the board of examiners
   193.    Subcommittees

           Division 3 - General

   193A.   Register to be kept by board of examiners
   194.    Examiners to be qualified
   194A.   Board of examiners may consider previous suspension, cancellation or surrender of board qualification
   195.    Obtaining board qualifications by fraud
   196.    Return of board qualification
   196A.   Effect on particular appointments of suspension, cancellation or surrender of board qualification
   197.    Annual report

   PART 10A - SUSPENSION AND CANCELLATION OF BOARD QUALIFICATIONS BY CEO

   197A.   Grounds for suspension or cancellation
   197B.   Notice of proposed action
   197C.   Submission against taking of proposed action
   197D.   Decision to take proposed action
   197E.   Automatic cancellation or suspension of practising certificate

   PART 11 - ACCIDENTS AND INCIDENTS

           Division 1 - Notification, information and inspections

   198.    Notice of accidents, deaths or incidents
   198AA.  Notice of reportable diseases
   198A.   Requirement to give primary information
   199.    Place of accident must be inspected
   199A.   Site senior executive must tell contractor particular matters

           Division 2 - Site of accident or incident

   200.    Site not to be interfered with without permission
   201.    Action to be taken in relation to site of accident or incident

   PART 12 - BOARDS OF INQUIRY

           Division 1 - General

   202.    Minister may establish boards of inquiry
   203.    Role of board of inquiry
   204.    Conditions of appointment
   205.    CEO to arrange for services of staff and financial matters for board of inquiry

           Division 2 - Conduct of inquiry

   206.    Procedure
   207.    Notice of inquiry
   208.    Inquiry to be held in public except in special circumstances
   209.    Protection of members, legal representatives and witnesses
   210.    Record of proceedings to be kept
   211.    Representation
   212.    Board’s powers on inquiry
   213.    Notice to witness
   214.    Inspection of documents or things
   215.    Inquiry may continue despite court proceedings unless otherwise ordered
   216.    Offences by witnesses
   216A.   False or misleading statements to board of inquiry
   216B.   False or misleading documents to board of inquiry
   217.    Contempt of board of inquiry
   218.    Change of membership of board

   PART 13 - MINES RESCUE

           Division 1 - Preliminary

   219.    Purposes of pt 13
   220.    Definitions for pt 13
   221.    Meaning of mines rescue capability
   222.    Meaning of mines rescue agreement

           Division 2 - Obligations of coal mine operators and users

              Subdivision 1 - All coal mine operators

   223.    Coal mine operator must be a party to a mines rescue agreement
   224.    Coal mine operator must contribute

              Subdivision 2 - Further obligation of coal mine operators of underground mines

   225.    Provision of a mines rescue capability

              Subdivision 3 - Mine users

   226.    Mine not to be used if ss 223–225 contravened

           Division 3 - Accredited corporations

              Subdivision 1 - Accreditation

   227.    Accreditation
   228.    Accreditation conditions
   229.    Refusal to accredit
   230.    Amending, suspending or cancelling accreditations—grounds
   231.    Amending, suspending or cancelling accreditations—procedure

              Subdivision 2 - Functions and performance

   232.    Functions
   233.    Performance criteria
   234.    Reporting to Minister

              Subdivision 3 - Miscellaneous

   235.    Accredited corporation must keep records

   PART 14 - APPEALS

           Division 1 - Appeals against particular decisions of Minister, CEO or board of examiners

   236.    Appeals against Minister’s decisions
   236A.   Appeals against CEO’s decisions
   237.    Appeals against board of examiners’ decision
   238.    How to start appeal
   239.    Stay of operation of decisions
   240.    Hearing procedures
   241.    Powers of court on appeal
   242.    Appeal to District Court on questions of law only

           Division 2 - Appeals against chief inspector’s directives and particular decisions

   243.    Who may appeal
   244.    How to start appeal
   245.    Stay of operation of directive or review decision
   246.    Hearing procedures
   247.    Assessors
   248.    Powers of court on appeal

   PART 15 - LEGAL PROCEEDINGS

           Division 1 - Evidence

   249.    Application of div 1
   250.    Proof of appointments and authority unnecessary
   251.    Proof of signatures unnecessary
   252.    Evidentiary aids
   253.    Expert reports
   254.    Analyst’s certificate or report

           Division 2 - Proceedings

   255.    Proceedings for offences
   256.    WHS prosecutor may ask CEO for information
   256A.   CEO’s duty to disclose information to WHS prosecutor
   256B.   Procedure if prosecution not brought
   257.    Limitation on time for starting proceedings
   258.    Court may order suspension or cancellation of certificate or notice
   259.    Forfeiture on conviction
   260.    Dealing with forfeited things
   261.    Responsibility for acts or omissions of representatives
   262.    (Repealed)
   263.    Representation
   264.    Orders for costs
   265.    Recovery of fees

           Division 3 - Evidentiary provisions

   266.    Service of documents
   267.    How document to be given to coal mine operator

   PART 15A - INJUNCTIONS

   267A.   Applying for injunction
   267B.   Grounds for injunction
   267C.   Court’s powers for injunction
   267D.   Terms of injunction

   PART 15B - CIVIL PENALTIES

   267E.   Definitions for part
   267F.   Liability for civil penalties
   267G.   Giving of notice proposing imposition of civil penalty
   267H.   Submission against proposed imposition of civil penalty
   267I.   Giving of penalty notice
   267J.   Civil penalty can not be imposed after criminal proceeding
   267K.   Criminal proceeding after civil penalty imposed

   PART 15C - ENFORCEABLE UNDERTAKINGS

   267L.   CEO may accept enforceable undertaking
   267M.   Notice of decision and reasons for decision
   267N.   When enforceable undertaking is enforceable
   267O.   Compliance with enforceable undertaking
   267P.   Contravention of enforceable undertaking
   267Q.   Withdrawal or variation of enforceable undertaking
   267R.   Proceeding for alleged contravention

   PART 16 - OFFENCES

           Division 1 - General

   268.    Person not to encourage refusal to answer questions
   269.    Impersonating inspectors, officers or representatives
   270.    Protection for officers

           Division 2 - Sentencing for offences

   270A.   Application of division
   270B.   Orders generally
   270C.   Adverse publicity orders
   270D.   Orders for restoration
   270E.   Safety and health project orders
   270F.   Release on giving of court-ordered undertaking
   270G.   Injunctions
   270H.   Training orders
   270I.   Offence to fail to comply with order

   PART 17 - GENERAL

           Division 1 - General safety matters

   271.    Contraband must not be taken into an underground mine
   272.    Children under 16 not to be employed underground
   272A.   Children under 16 not to operate or maintain plant
   273.    Withdrawal of persons in case of danger
   274.    Where coal mine worker exposed to immediate personal danger
   275.    Representations about safety and health matters
   275AA.  Protection from reprisal
   275AB.  Damages entitlement for reprisal

           Division 2 - Miscellaneous

   275AC.  Publication of information
   275A.   Disclosure of information
   276.    Protection from liability

   PART 18 - ADMINISTRATION

   277.    Delegation by Minister or CEO
   278.    Delegation of chief inspector’s powers
   279.    Notices about coal industry statistics or information
   280.    CEO to keep records
   281.    Approved forms

   PART 19 - REGULATIONS

   282.    Regulation-making power

   PART 20 - REPEAL, TRANSITIONAL AND VALIDATION PROVISIONS

           Division 1 - Transitional and repeal provisions for Act No. 39 of 1999

              Subdivision 1 - Definitions

   283.    Definitions for div 1

              Subdivision 2 - Transitional matters

   284.    Existing notices
   285.    Existing certificates of competency
   286.    Approvals by inspector
   287.    Board of examiners
   288.    Mines rescue performance criteria
   288A.   Existing accreditation
   289.    Existing chief inspector to be chief inspector
   290.    Existing inspector to be inspector
   291.    Existing inspection officer to be inspection officer
   292.    Existing district union inspectors
   293.    Existing miners’ officer to be site safety and health representative
   294.    Mine record book taken to be mine record
   295.    Notices about coal industry statistics or information
   296.    Coal Industry Employees’ Health Scheme
   297.    Warden may finish inquiry into accident

              Subdivision 3 - Repeals

   298.    Repeals

           Division 2 - Transitional provisions for Mines and Energy Legislation Amendment Act 2010

   299.    Definitions for div 2
   300.    References to coal mining safety and health advisory council
   301.    Continuation of coal mining safety and health advisory council and appointment of members

           Division 3 - Transitional provision for Mines and Energy Legislation Amendment Act 2011

   302.    Application of appeal costs provision to undecided appeals

           Division 4 - Transitional and validation provisions for Water Reform and Other Legislation Amendment Act 2014

   303.    Application of joint interaction management plan provisions
   303A.   Requirement for joint interaction management plan by particular date
   304.    Return of seized things

           Division 5 - Validation provision for Land and Other Legislation Amendment Act 2017

   305.    Validation of particular appointments

           Division 6 - Transitional provision for Mineral, Water and Other Legislation Amendment Act 2018

   306.    Requirement for joint interaction management plan relating to overlapping authority to prospect, petroleum lease, or water monitoring authority, under 1923 Act

           Division 7 - Transitional provisions for Mines Legislation (Resources Safety) Amendment Act 2018

   307.    Definitions for division
   308.    Appointment of, and acting as, ventilation officers for underground mines during transitional period
   309.    Ventilation officers holding office when transitional period ends
   310.    Existing site senior executive notices

           Division 8 - Transitional provisions for Resources Safety and Health Queensland Act 2020

   311.    Definitions for division
   312.    Functions performed and powers exercised by chief executive
   313.    References to chief executive
   314.    Functions performed and powers exercised by Commissioner for Mine Safety and Health
   315.    References to Commissioner for Mine Safety and Health
   316.    Existing proceedings
   317.    Costs of investigation
   318.    References to department

           Division 9 - Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020

   319.    Deferral of obligation of coal mine operators to ensure employees are appointed to particular positions
   320.    Particular appointments of persons who are not employees of coal mine operators made before commencement and during transitional period
   321.    Validation of particular orders for costs

           Division 10 - Transitional provisions for Coal Mining Safety and Health and Other Legislation Amendment Act 2022

   322.    Definitions for division
   323.    Application of new pt 4, div 2
   324.    Particular existing appointees go out of office
   325.    Continuation of acting appointments made before commencement
   326.    When particular acting appointments made before commencement taken to commence

           Division 11 - Transitional provision for Information Privacy and Other Legislation Amendment Act 2023

   327.    Application of sch 3, definition union

           Division 12 - Transitional provisions for Resources Safety and Health Legislation Amendment Act 2024

   328.    Definitions for division
   330.    Deferral of requirements relating to operational ROC workers
   335.    Deferral of particular requirements to hold practising certificate
   336.    Deferral of requirement for board of examiners to include person who has expertise in assessment of competencies
   337.    Deferral of requirement for chairperson of board of examiners to have particular qualifications
   338.    No compensation payable because of termination of appointment under division
   339.    Dealing with charges of offences against Act in summary way before Magistrates Court
   340.    Limitation period for starting prosecution
   341.    Administrative region established by chief executive before commencement
           SCHEDULE 2
           SCHEDULE 3