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MINING AND QUARRYING SAFETY AND HEALTH ACT 1999


- As at 1 March 2023 
- Act 40 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

              Subdivision 1 - Dictionary

   8.      Definitions—the dictionary

              Subdivision 2 - Other important terms

   9.      Meaning of mine
   10.     Meaning of operations
   11.     Meaning of quarry
   12.     Meaning of safety and health
   13.     Meaning of competence
   14.     Meaning of consultation
   15.     Meaning of standard work instruction
   16.     Meaning of accident
   17.     Meaning of serious accident
   18.     Meaning of high potential incident
   19.     Meaning of risk
   20.     Meaning of hazard
   21.     Meaning of operator
   22.     Meaning of site senior executive
   23.     Meaning of supervisor
   24.     Meaning of district workers’ representative
   25.     Meaning of site safety and health representative

   PART 2 - BASIC CONCEPTS

           Division 1 - Control and management of risk

   26.     What is an acceptable level of risk
   27.     Risk management
   28.     What happens if the level of risk is unacceptable

           Division 2 - Cooperation

   29.     Cooperation to achieve objects of Act

   PART 3 - SAFETY AND HEALTH OBLIGATIONS

           Division 1 - Preliminary

   30.     Obligations for safety and health
   31.     Discharge of obligations
   32.     Person may owe obligations in more than 1 capacity
   33.     Person not relieved of obligations
   34.     How obligation can be discharged if regulation or guideline made
   35.     How obligations can be discharged if no regulation or guideline made

           Division 2 - Generally applicable safety and health obligations

   36.     Obligations of persons generally

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

   37.     Obligations of holders
   38.     Obligations of operators
   39.     Obligations of site senior executive for mine
   40.     Obligations of contractors
   41.     Obligations of designers, manufacturers, importers and suppliers of plant etc. for use at mines
   42.     Obligations of erectors and installers of plant
   42A.    Obligations of designers, constructors and erectors of earthworks
   43.     Obligations of manufacturers, importers and suppliers of substances for use at mines
   44.     Obligations of service providers

           Division 3A - Obligations of officers of corporations

   44A.    Obligation of officers of corporations

           Division 4 - Defences

   45.     Defences for div 2, 3 or 3A

   PART 3A - INDUSTRIAL MANSLAUGHTER

   45A.    Definitions for part
   45B.    Exception for the Criminal Code, s 23
   45C.    Industrial manslaughter—employer
   45D.    Industrial manslaughter—senior officer

   PART 4 - PROVISIONS ABOUT THE OPERATION OF MINES

           Division 1 - Notices about mines

   46.     Notices by holder
   47.     Notices by operator
   47A.    Notice about underground gasification activities

           Division 2 - Management of mines

   48.     Appointment of operator
   49.     Appointment of site senior executive
   50.     Management structure for safe operations at mines
   51.     Competencies of supervisors
   52.     Appointment of another site senior executive during temporary absence
   53.     Additional requirements for management of underground mines
   54.     Appointment of another underground mine manager during temporary absence
   54A.    Appointment of ventilation officer
   54B.    Absence of ventilation officer

           Division 3 - Safety and health management systems

   55.     Safety and health management system
   56.     Review of safety and health management system

           Division 4 - Records and reporting

   57.     Management structure to be recorded in the mine record
   58.     Plans of mine workings
   59.     Mine record
   60.     Display of reports and directives

           Division 5 - Protection of abandoned mines

   61.     Responsibility for protecting abandoned mines

   PART 5 - GUIDELINES

   62.     Purpose of guidelines
   63.     Guidelines
   64.     Use of guidelines in proceedings

   PART 6 - INDUSTRY CONSULTATIVE ARRANGEMENTS

           Division 1 - Purposes of part

   65.     Purposes of pt 6

           Division 2 - Mining safety and health advisory committee and its functions

   66.     Mining safety and health advisory committee
   67.     Primary function of committee
   67A.    Other functions of committee
   68.     Annual report

           Division 3 - Membership and conduct of committee proceedings

   69.     Membership of committee
   70.     Organisations to submit names to Minister
   71.     Appointment of members—persons from panels
   71A.    Appointment of members—inspectors
   72.     Duration of appointment
   73.     Conditions of appointment
   74.     Member ceasing as member
   74A.    Substitute members
   75.     Times and places of meetings of the committee
   76.     Presiding at meetings of the committee
   77.     Quorum and voting at meetings of the committee
   78.     Recommendation to Minister if vote not unanimous
   79.     Taking part in meetings by telephone etc.
   80.     Resolutions without meetings
   81.     Minutes by the committee
   82.     Subcommittees

   PART 7 - SITE SAFETY AND HEALTH REPRESENTATIVES AND COMMITTEES

           Division 1 - Purpose of part

   83.     Purpose of pt 7

           Division 2 - Site safety and health representatives

   84.     Selection or election of site safety and health representatives
   85.     How site safety and health representatives are selected or elected
   86.     Site safety and health representative must obtain qualifications
   87.     Site safety and health representative must perform functions and exercise powers appropriately
   88.     Ceasing to be a site safety and health representative
   89.     Removal from office by Minister
   90.     Selection or election after removal from office
   91.     Functions and powers for area of representation
   92.     Functions of site safety and health representatives
   93.     Powers of site safety and health representative
   94.     Stopping operations by site safety and health representatives
   95.     When operations may be restarted
   96.     Site safety and health representative not to unnecessarily impede production
   97.     Protection of site safety and health representatives performing functions

           Division 3 - Site safety and health committees

   98.     Site safety and health committees
   99.     Membership of site safety and health committee
   100.    Functions of site safety and health committee
   101.    Times of meetings
   102.    Proceedings at meetings
   103.    Minutes to be made available

           Division 4 - Duties of site senior executive

   104.    Provision for help to representatives and committees
   105.    Site senior executive to tell site safety and health representatives about certain things
   106.    Site senior executive to display identity of site safety and health representatives

   PART 8 - DISTRICT WORKERS’ REPRESENTATIVES

           Division 1 - Purposes of part

   107.    Purposes of pt 8

           Division 2 - District workers’ representatives

   108.    Nomination and appointment of district workers’ representatives
   109.    Funding of district workers’ representative
   110.    Termination of appointment
   111.    Appointment after termination
   112.    Filling of temporary vacancy
   113.    Persons not to pretend to be district workers’ representatives if not appointed
   114.    District workers’ representative restricted to safety and health purposes
   115.    Functions of district workers’ representatives
   116.    Powers of district workers’ representatives
   117.    District workers’ representative not to unnecessarily impede production
   118.    Inadequate or ineffective safety and health management systems
   119.    Identity cards
   120.    Failure to return identity card
   121.    Production or display of identity card

   PART 9 - INSPECTORS AND OTHER OFFICERS AND DIRECTIVES

           Division 1 - Inspectors and inspection officers

   122.    Appointments
   123.    Qualifications for appointment as inspector
   124.    Qualifications for appointment as inspection officer
   124A.   Appointment conditions and limit on powers and functions
   125.    Functions of inspectors and inspection officers
   126.    Further function of inspectors

           Division 2 - Authorised officers

   126A.   Appointments
   126B.   Qualifications for appointment as authorised officer
   126C.   Appointment conditions and limit on functions and powers
   126D.   Functions of authorised officers
   126E.   Information about functions and powers

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

   127.    Identity cards
   128.    Failure to return identity card
   129.    Production or display of identity card

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

              Subdivision 1 - Preliminary

   129A.   Definition for div 4

              Subdivision 2 - Power to enter places

   130.    Entry to places

              Subdivision 3 - Procedure for entry

   131.    Consent to entry
   132.    Application for warrant
   133.    Issue of warrant
   134.    Special warrants
   135.    Warrants—procedure before entry
   135A.   Entry to residential premises

              Subdivision 4 - General powers

   136.    General powers after entering mine or other places
   137.    Failure to help officer
   138.    Failure to answer questions
   139.    Site senior executive must help officer

              Subdivision 5 - Power to seize evidence

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

              Subdivision 6 - Power to stop and secure plant and equipment

   148.    Officer may stop and secure plant and equipment

              Subdivision 7 - Power to obtain information

   149.    Power to require name and address
   150.    Failure to give name or address
   151.    Power to require production of documents
   152.    Failure to produce document
   153.    Failure to certify copy of document
   154.    Power to require attendance of persons before an officer to answer questions
   155.    Failure to comply with requirement about attendance
   156.    Use of particular evidence in proceedings

              Subdivision 8 - Additional powers of chief inspector

   157.    Additional powers of chief inspector

           Division 5 - Directives by inspectors, inspection officers and district workers’ representatives

              Subdivision 1 - Power to give and way of giving directives

   158.    Directive may be given
   159.    How directive is given
   160.    How directive is given for ss 163, 164 and 167

              Subdivision 2 - Matters for which directives may be given

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

              Subdivision 3 - Recording of directives and other matters

   170.    Records must be kept
   171.    Directives

              Subdivision 4 - Review of directives

   172.    Application for review
   173.    Procedure for review
   174.    Review of directive
   175.    Stay of operation of directive

           Division 6 - General enforcement offences

   176.    False or misleading statements
   177.    False or misleading documents
   178.    Obstructing inspectors, officers or district workers’ representatives

   PART 10 - BOARD OF EXAMINERS

   179.    Purpose of pt 10
   180.    Functions of the board of examiners
   181.    Examiners to be qualified
   181A.   Board of examiners may consider previous suspension, cancellation or surrender of certificate of competency or site senior executive notice
   182.    Obtaining certificates of competency or site senior executive notices by fraud
   183.    Return of certificate of competency or site senior executive notice
   184.    Effect on particular appointments of suspension, cancellation or surrender of certificate of competency or site senior executive notice
   185.    Register to be kept by board of examiners

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

   186.    Grounds for suspension or cancellation
   187.    Notice of proposed action
   188.    Submission against taking of proposed action
   189.    Decision to take proposed action
   190.    (Repealed)
   191.    (Repealed)
   192.    (Repealed)
   193.    (Repealed)
   194.    (Repealed)

   PART 11 - ACCIDENTS AND INCIDENTS

           Division 1 - Notification, information and inspections

   195.    Notice of accidents, incidents, deaths or diseases
   195A.   Requirement to give primary information
   196.    Place of accident must be inspected

           Division 2 - Site of accident or incident

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

   PART 12 - BOARDS OF INQUIRY

           Division 1 - General

   199.    Minister may establish boards of inquiry
   200.    Role of board of inquiry
   201.    Conditions of appointment
   202.    CEO to arrange for services of staff and financial matters for board of inquiry

           Division 2 - Conduct of inquiry

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

   PART 13 - APPEALS

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

   216.    Appeals against Minister’s decisions
   216A.   Appeals against CEO’s decisions
   217.    Appeals against board of examiners’ decision
   218.    How to start appeal
   219.    Stay of operation of decision
   220.    Hearing procedures
   221.    Powers of court on appeal
   222.    Appeal to District Court on questions of law only

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

   223.    Who may appeal
   224.    How to start appeal
   225.    Stay of operation of directive or review decision
   226.    Hearing procedures
   227.    Assessors
   228.    Powers of court on appeal

   PART 14 - LEGAL PROCEEDINGS

           Division 1 - Evidence

   228A.   Application of div 1
   229.    Proof of appointments and authority unnecessary
   230.    Proof of signatures unnecessary
   231.    Evidentiary aids
   232.    Expert reports
   233.    Analyst’s certificate or report

           Division 2 - Proceedings

   234.    Proceedings for offences
   235.    WHS prosecutor may ask CEO for information
   235A.   CEO’s duty to disclose information to WHS prosecutor
   235B.   Procedure if prosecution not brought
   236.    Limitation on time for starting proceedings
   237.    Court may order suspension or cancellation of certificate or notice
   238.    Forfeiture on conviction
   239.    Dealing with forfeited things
   240.    Responsibility for acts or omissions of representatives
   241.    (Repealed)
   242.    Representation
   243.    Orders for costs
   244.    Recovery of fees

           Division 3 - Evidentiary provisions

   245.    Service of documents
   246.    How document to be given to operator

   PART 14A - INJUNCTIONS

   246A.   Applying for injunction
   246B.   Grounds for injunction
   246C.   Court’s powers for injunction
   246D.   Terms of injunction

   PART 14B - CIVIL PENALTIES

   246E.   Definitions for part
   246F.   Liability for civil penalties
   246G.   Giving of notice proposing imposition of civil penalty
   246H.   Submission against proposed imposition of civil penalty
   246I.   Giving of penalty notice
   246J.   Civil penalty can not be imposed after criminal proceeding
   246K.   Criminal proceeding after civil penalty imposed

   PART 15 - OFFENCES

   247.    Person not to encourage refusal to answer questions
   248.    Impersonating inspectors, officers or representatives
   249.    Protection for officers

   PART 16 - GENERAL

           Division 1 - General safety matters

   250.    Person must not employ underage persons underground
   250A.   Underage persons not to operate or maintain plant
   251.    Workers may request information
   252.    Action where risk is unacceptable
   253.    Where worker exposed to immediate personal danger
   254.    Representations about safety and health matters
   254A.   Protection from reprisal
   254B.   Damages entitlement for reprisal

           Division 2 - Miscellaneous

   254C.   Public statements
   255.    Disclosure of information
   256.    Protection from liability

   PART 17 - ADMINISTRATION

   257.    Delegation by Minister or CEO
   258.    Delegation of chief inspector’s powers
   259.    Notices about industry statistics or information
   260.    CEO to keep records
   261.    Approved forms

   PART 18 - REGULATIONS

   262.    Regulation-making power

   PART 19 - TRANSITIONAL AND REPEAL PROVISIONS FOR ACT NO. 40 OF 1999

           Division 1 - Definitions

   263.    Definitions for pt 19

           Division 2 - Transitional matters

   264.    Existing certificates of competency
   265.    Approvals by inspector
   266.    Board of examiners
   267.    Existing chief inspector to be chief inspector
   268.    Existing inspector to be inspector
   269.    Existing inspection officer to be inspection officer
   270.    Existing district workers’ representative
   271.    Mine record book taken to be mine record
   272.    Warden may finish inquiry into accident

           Division 3 - Repeal

   273.    Repeal

   PART 20 - OTHER TRANSITIONAL AND VALIDATION PROVISIONS

           Division 1 - Transitional provisions for Mines and Energy Legislation Amendment Act 2011

   274.    Definitions for div 1
   275.    Existing certificates of competency
   276.    Existing decisions and assessments of the former board
   277.    References to mining safety and health advisory council
   278.    Continuation of mining safety and health advisory council and appointment of members

           Division 2 - Transitional provision for Mines and Energy Legislation Amendment Act 2011

   279.    Application of appeal costs provision to undecided appeals

           Division 3 - Transitional and validation provision for Water Reform and Other Legislation Amendment Act 2014

   280.    Return of seized things

           Division 4 - Validation provision for Land and Other Legislation Amendment Act 2017

   281.    Validation of particular appointments

           Division 5 - Transitional provisions for Mines Legislation (Resources Safety) Amendment Act 2018

   282.    Definition for division
   283.    Appointment of site senior executives during 1-year transitional period
   284.    Appointment of ventilation officers for underground mines during 3-year transitional period
   285.    Continuation of exemptions for particular opal or gem mines for 3-year transitional period

           Division 6 - Transitional provisions for Resources Safety and Health Queensland Act 2020

   286.    Definitions for division
   287.    Functions performed and powers exercised by chief executive
   288.    References to chief executive
   289.    Functions performed and powers exercised by Commissioner for Mine Safety and Health
   290.    References to Commissioner for Mine Safety and Health
   291.    Existing proceedings
   292.    Costs of investigation
   293.    References to department

           Division 7 - Validation provision for Mineral and Energy Resources and Other Legislation Amendment Act 2020

   294.    Validation of particular orders for costs
           SCHEDULE 2


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