New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
- As at 1 February 2015
- Act 129 of 2002
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Definitions
4. Certain things are part of a coal operation
5. When a person is at work
6. Risks arising from activities at work
7. Notes
PART 2 - APPLICATION OF ACT
8. Application of Act
9. Act to bind Crown
PART 3 - OBJECTS OF ACT
10. Objects of Act
PART 4 - APPLICATION OF WORK HEALTH AND SAFETY ACT 2011
Note
11. Act to be read in conjunction with WHS Act
12. Act adds to protection provided by WHS Act
13. WHS Act prevails
14. Compliance with this Act is no defence to prosecution under WHS Act
15. Evidence of contraventions of this Act and WHS Act
16. No double jeopardy
16A. (Repealed)
PART 5 - DUTIES RELATING TO HEALTH, SAFETY AND WELFARE AT COAL OPERATIONS
Note
Division 1 - Duties of colliery holders
17. Duty to nominate the operator of a coal operation
18. Colliery holder must give operator health and safety information
19. Penalty for offence against this Division
Division 2 - Duties of operators of coal operations
Subdivision 1 - Health and safety management systems
20. Duty of operator to prepare health and safety management system
21. No mining without health and safety management system
22. Duty of operator to ensure compliance with health and safety management system
23. Contents of health and safety management system
24. Consultation
25. Information to be supplied to Chief Inspector and industry check inspector
26. Chief Inspector may object
27. Industry check inspector may object
28. Health and safety management system must be reviewed
29. Amendment of health and safety management system
30. Access to health and safety management system
31. Former operator must return information
Subdivision 2 - Major hazard management plans
32. Regulations may prescribe "major hazard"
33. Minister may require other major hazards to be identified
34. Minister may declare operation is subject to risk of major hazard
35. Duty to prepare one or more major hazard management plans
36. Contents of major hazard management plans
Subdivision 3 - Management structure
37. Operator must prepare management structure
38. Register of persons occupying positions
Subdivision 4 - Duties regarding contractors
39. Operator to prepare contractor management plan
40. Content of contractor management plan
41. Operator to ensure contractor's familiarity with systems
42. Duties of operator regarding contractors
43. Contractor must be given copy of health and safety management system
Subdivision 5 - Emergency management systems
44. Meaning of "emergency"
45. Operator must prepare emergency management system
46. No mining without emergency management system
47. Contents of emergency management system
48. Consultation
49. Information to be supplied to Chief Inspector and industry check inspector
50. Copy to be made available
51. Competence and training of personnel
52. Review
Subdivision 6 - High risk activities
53. Meaning of "high risk activity"
54. Requirement to notify high risk activities
Subdivision 7 - Keeping of records and reporting
55. Keeping of records by operators
56. Reporting by operators
Subdivision 8 - Penalties
57. Penalty for offence against this Division
Subdivision 9 - Saving of certain notices and directions
58. Saving of certain notices and directions
Division 3 - Duties and rights of employees
59. Duties of employees
60. Rights of employees
61. Unlawful dismissal or other victimisation of employee
62. Division applies to employees of contractor
Division 4 - Duties of those in management positions
63. Duties of manager of mining engineering
64. Duties of manager of electrical engineering
65. Duties of manager of mechanical engineering
66. Those in management positions must comply with health and safety management system
67. Those in management positions must inform operator of non-compliance
68. Penalty for offence against this Division
Division 5 - Duties of supervisors
69. Supervisor must comply with health and safety management system
70. Supervisor must inform operator of non-compliance
71. Penalty for offence against this Division
Division 6 - Duties of contractors
72. Contractor must comply with operator's health and safety management system
73. Duties of contractors regarding safe work method statement
74. Contractor to ensure work carried out in accordance with safe work method statement
75. Contractor must prepare and implement WHS management plan
76. Contractor's duties regarding subcontractors
77. Penalty for offence against this Division
Division 7 - Duties of exploration holders and others to give notice
78. Duty to give notice of drilling operations
79. Other duties to give notice
80. Penalty for offence against this Division
Division 8 - General
81. Person may have more than one duty
82. Relationship between duties under this Part and regulations
83. (Repealed)
84. Multiple contraventions of general duties under this Part
85. Civil liability not affected by this Part
PART 6 - SAFETY OF COAL OPERATIONS
Division 1 - Methods or systems of working mines
86. Barriers and protective pillars
87. Minister may give directions regarding barriers and pillars
88. Minister may direct carrying out of works
89. Minister may grant approval to mine barrier or pillar
90. Penalty for offence against this Division
Division 2 - Closing of shafts and outlets in abandoned mines
91. Application of this Division
92. Closing of shafts and outlets
93. Chief Inspector may require further work
94. Obstruction of operator of mine
95. Certain unenclosed shafts or outlets to be public nuisances
96. Owners of land on which abandoned mines are situated may be required to close shafts and outlets
97. Penalty for offence against this Division
Division 3 - Control of emplacement areas
98. Definitions
99. Minister may direct occupier of land to make emplacement area safe
100. Establishment of emplacement areas
101. Discontinuance of use of emplacement areas
102. Construction and use of emplacement areas
103. Date of effect of decisions and notices
104. Penalty for offence against this Division
Division 4 - Tourist and educational activities
105. Definitions
106. Tourist activities in mines or use of mines for educational purposes not allowed without a permit
107. Issue of tourist and educational permits
108. Revocation or variation of permits
109. Minister and certain other persons not liable in certain circumstances
PART 7 - NOTIFICATION OF INCIDENTS
Division 1 - Notification of certain incidents
110. Notification of certain incidents and other matters
111. Non-disturbance of plant involved in notifiable incidents (and of surrounding area)
112. Penalty for offence against this Division
Division 2 - Inquiries
113. Boards of Inquiry
114. Witnesses and evidence at special inquiries
115. Report by Board of Inquiry
116. No appeal against exercise of functions by Boards of Inquiry
117. Penalty for offence against this Division
PART 8 - STOP WORK ORDERS
118. Minister to make stop work orders
119. Prior notification of making of stop work order not required
120. Extension of stop work order
121. Consultation about modification of proposed detrimental action
122. Stop work order prevails over other instruments
123. Costs of enforcing stop work order
124. Offence: failure to comply with a stop work order
PART 9 - COMPETENCE STANDARDS
Division 1 - Key obligations
125. Regulations may specify functions to which this Part applies
126. Operator to ensure only competent people employed to perform specified functions
127. Contractor to ensure only competent people employed to perform specified functions
128. Only competent people to perform specified functions
129. Penalty for offence against this Division
Division 2
Division 3 - Functions of Board
134. Functions of Board
135. (Repealed)
Division 4 - Certificates of competence
136. Certificates of competence may be granted
137. Regulations concerning competence standards
138. Ministerial orders
Division 5 - Offences
139. Offences: certificates of competence
140. Offence of forging or having forged document
141. False or misleading statements
142. Offences if a person's competence is declared as not recognised
143. Penalty for offence against this Division
PART 10 - OVERSIGHT OF COAL OPERATIONS
Division 1 - Outline of this Part
144. Outline of this Part
Division 2 - Inspections by government officials
Subdivision 1 - Appointment of government officials
145. Appointment of government officials
146. Qualifications of inspectors
147. Appointment of consultants as investigators
148. Absence of Chief Inspector
Subdivision 2 - Functions of government officials
149. Functions of Chief Inspector
150. Bringing concerns regarding health, safety or welfare to the attention of operators
151. Consideration and investigation of complaints
152. Audit and review of health and safety management systems
153. Additional functions
Subdivision 3 - Powers of government officials
Note
154. (Repealed)
155. Power of entry at any time
156. Power to require plan
Division 3 - Inspections on behalf of work force
Subdivision 1 - Site check inspectors
157. Site check inspectors
158. Trigger for election
159. Conduct of election of site check inspectors
160. Term of office
161. Disqualification of site check inspectors
162. Vacation of office of site check inspector
163. Notification of election
164. Functions of site check inspectors
165. Training of site check inspectors
166. Rights of site check inspectors
167. Duties of operators in relation to site check inspectors
168. Duties of contractors in relation to site check inspectors
169. Assistance to site check inspectors
170. Reports by site check inspectors
171. Reporting of dangers
Subdivision 2 - Electrical check inspectors
172. Electrical check inspectors
Subdivision 3 - Industry check inspectors
173. Appointment of industry check inspectors
174. Functions of industry check inspectors
175. Powers of industry check inspectors to suspend operations
176. Industry check inspector may delegate functions to site check inspector
177. Care to be taken
178. Identification of industry check inspectors
Subdivision 4 - Inspections on behalf of work force
179. Inspections by check inspectors
180. Check inspector may be accompanied by operator's representative
181. Check inspector must not leave work without prior notice
Division 4 - Offences
182. Offence of failing to comply with requirement of government official
183. Offence of interfering with check inspector or government official
184. Offence of impersonating a check inspector or government official
PART 11 - COAL MINING INDUSTRY CODES OF PRACTICE
185. Purpose of industry codes of practice
186. Minister may prepare draft codes
187. Consultation on draft codes
188. Approval of codes by Minister
189. Publication, commencement and availability of codes
190. Amendment or revocation of codes
191. Use of codes
PART 12 - REGULATIONS
192. Regulations: general power
193. Regulations: specific miscellaneous powers
194. Regulations regarding classification of underground mines
195. Regulations may require verification by statutory declaration
196. Regulations may prescribe decisions that are to be administratively reviewable by Civil and Administrative Tribunal
197. Regulations: adapting duties under Part 5
198. Regulations concerning application of Part 5 to contractors
199. Regulations may adopt other publications
200. Regulations may create criminal offences
201. Exemptions
202. Regulations relating to consultation
PART 13 - MISCELLANEOUS
Division 1 - Enforcement
Note
203. Offences by corporations
204. Aiding and abetting etc
205. Defence
206. Defences to criminal proceedings not affected by this Act
Division 2 - Information
207. Disclosure of information
208. False or misleading statements
209. Defence
Division 3 - Exercise and delegation of functions
210. Chief Inspector subject to Ministerial control
211. (Repealed)
212. Delegation of functions by the Minister
213. Delegation of functions by Chief Inspector
214. Delegation of functions by Director-General
Division 4 - Service of documents
215. Service of documents
216. Supply of documents to an operator
217. Supply of documents to Chief Inspector
218. Supply of documents to an industry check inspector
Division 5 - Fees
219. Fees
Division 6 - General
220. Protection from liability
221. No obligation to exercise power
PART 14 - REPEALS AND AMENDMENTS
222. Repeals
223, 224. (Repealed)
225. Savings, transitional and other provisions
226. Review of Act
Schedule 2 (Repealed)
SCHEDULE 3