COAL MINING SAFETY AND HEALTH ACT 1999

Queensland Consolidated Acts

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- As at 4 December 2023
- 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

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. Obligations of service providers

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

53. Appointment of coal mine operator
54. Limitations on appointment of site senior executive
55. Management structure for safe operations at coal mines
56. Competencies of supervisors
57. Acting site senior executive
58. Other appointments during absences
59. Appointment of open-cut examiner
59A. Acting open-cut examiner
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 reports and directives
69A. Training and assessment record check

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 - 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 a site safety and health representative
97. Removal from office by Minister
98. Election after removal from office
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
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 functions 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 name and address
153. Failure to give name or address
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 by inspectors, inspection officers and industry safety and health representatives

Subdivision 1 - Power to give and way of giving directives

161. Directive may be given
162. How directive is given
163. How directive is given for ss 166, 167 and 170

Subdivision 2 - Matters for which directives may be given

164. Directive to ensure coal mine worker competent
165. Directive to carry out test
166. Directive to reduce risk
167. Directive to suspend operations for unacceptable level of risk
168. Directive to review safety and health management system and principal hazard management plans
169. Directive to suspend operations for ineffective safety and health management system
170. Directive to isolate site
171. Directive about separate part of the mine
172. Directive to provide independent engineering study

Subdivision 3 - Recording of directives and other matters

173. Records must be kept
174. Directives

Subdivision 4 - 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 - Purposes of part

182. Purposes of pt 10

Division 2 - Board of examiners and its functions

183. Inspector for pt 10
184. Board of examiners
185. Functions of board of examiners
186. Membership and conduct of board proceedings
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 certificate of competency or site senior executive notice
195. Obtaining certificates of competency or site senior executive notices by fraud
196. Return of certificate of competency or site senior executive notice
196A. Effect on particular appointments of suspension, cancellation or surrender of certificate of competency or site senior executive notice
197. Annual report

PART 10A - SUSPENSION AND CANCELLATION OF CERTIFICATES OF COMPETENCY AND SITE SENIOR EXECUTIVE NOTICES 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

PART 11 - ACCIDENTS AND INCIDENTS

Division 1 - Notification, information and inspections

198. Notice of accidents, incidents, deaths or diseases
198A. Requirement to give primary information
199. Place of accident must be inspected

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
217. Contempt of board
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 16 - OFFENCES

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

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. Public statements
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
SCHEDULE 2
SCHEDULE 3

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