New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
- As at 1 February 2015
- Act 74 of 2004
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Definitions
4. When a person is at work
5. Risks arising from activities at work
PART 2 - APPLICATION OF ACT
6. Application of Act
7. Act does not apply to certain mines or places
8. Decision on question of whether this Act applies
9. Act does not apply to coal operations
10. Act does not apply to railway operations
11. Act does not apply to civil engineering works
12. Act does not apply to certain other operations
13. Act to bind Crown
PART 3 - OBJECTS OF ACT
14. Objects of Act
PART 4 - APPLICATION OF WORK HEALTH AND SAFETY ACT 2011
Note
15. Act to be read in conjunction with WHS Act
16. Act adds to protection provided by WHS Act
17. WHS Act prevails
18. Compliance with this Act is no defence to prosecution under WHS Act
19. Evidence of contraventions of this Act and WHS Act
20. No double jeopardy
21. (Repealed)
PART 5 - DUTIES RELATING TO HEALTH, SAFETY AND WELFARE AT MINES
Note
Division 1 - Duties of mine holders
22. Duty to nominate the operator of a mine
23. Chief Inspector may declare person as operator
24. Mine holder must give operator health and safety information
25. Penalty for offence against this Division
Division 2 - Duties of operators of mines
Subdivision 1 - General duty
26. Worker safety
Subdivision 2 - Mine safety management plans
27. Duty of operator to prepare mine safety management plan
28. No work directly related to mining without mine safety management plan
29. Duty of operator to ensure compliance with mine safety management plan
30. Contents of mine safety management plan
31. Consultation
32. Obligations concerning mine safety management plan
33. Access to mine safety management plan
34. Former operator must return information
Subdivision 3 - Management structure
35. Operator must prepare management structure
36. Register of persons occupying positions
Subdivision 4 - Duties regarding contractors
37. Operator to prepare contractor management plan
38. Content of contractor management plan
39. Operator to ensure contractor's familiarity with systems
40. Duties of operator regarding contractors
Subdivision 5 - Emergency management
41. Meaning of "emergency"
42. Operator must prepare emergency plan
43. No mining or quarrying without emergency plan
44. Contents of emergency plan
45. Review and testing
Subdivision 6 - Keeping of records and reporting
46. Keeping of records by operators
47. Reporting by operators
Subdivision 7 - Penalties
48. Penalty for offence against this Division
Subdivision 8 - Saving of certain notices and directions
49. Saving of certain notices and directions
Division 3 - Duties and rights of employees
50. Duties of employees
51. Rights of employees
52. Unlawful dismissal or other victimisation of employee
53. Division applies to employees of contractor
Division 4 - Duties of persons in management positions
54. Persons in management positions must comply with mine safety management plan
55. Persons in management positions must inform operator of non-compliance
56. Further obligations
57. Penalty for offence against this Division
Division 5 - Duties of supervisors
58. Supervisor must comply with mine safety management plan
59. Supervisor must inform operator of non-compliance
60. Further obligations
61. Penalty for offence against this Division
Division 6 - Duties of and in relation to contractors
62. Contractor must comply with operator's mine safety management plan
63. Contractor's safety management plan
64. Duties of contractors regarding safe work method statement
65. Contractor to ensure work carried out in accordance with safe work method statement
66. Contractor's duties regarding subcontractors
67. Penalty for offence against this Division
Division 7 - Duty to give notice
68. Duty to give notice of drilling operations
69. Regulations may require notice to be given
70. Penalty for offence against this Division
Division 8 - General
71. Person may have more than one duty
72. Relationship between duties under this Part and regulations
73. Multiple contraventions of duties under this Part
74. Civil liability not affected by this Part
PART 6 - MISCELLANEOUS MATTERS CONCERNING MINES
Division 1 - Mine plans
75. Regulations concerning mine plans
Division 2 - Hours of work
76. Hours of work and associated working arrangements below ground
77. Chief Inspector may require alteration of hours of work
78. Regulations concerning hours of work
79. Display of shift roster regimes
80. Recording of hours worked
81. Penalty for offence against this Division
82. Defence
Division 3 - Tourist and educational activities
83. Definitions
84. Tourist activities in mines or use of mines for educational purposes not allowed without a permit
85. Issue of tourist and educational permits
86. Revocation or variation of permits
87. Minister and certain other persons not liable in certain circumstances
PART 7 - NOTIFICATION OF INCIDENTS
Division 1 - Notification of certain incidents
88. Notification of certain incidents and other matters
89. Non-disturbance of plant involved in notifiable incidents (and of surrounding area)
90. Records of notifications
91. Penalty for offence against this Division
Division 2 - Health and safety
92. Records of medical and first aid treatment
93. Offence relating to reporting of health or safety matters
94. Penalty for offence against this Division
Division 3 - Inquiries
95. Boards of Inquiry
96. Witnesses and evidence at special inquiries
97. Report by Board of Inquiry
98. No appeal against exercise of functions by Boards of Inquiry
99. Penalty for offence against this Division
PART 8 - STOP WORK ORDERS
100. Minister may make stop work order
101. Prior notification of making of stop work order not required
102. Extension of stop work order
103. Consultation about modification of proposed detrimental action
104. Stop work order prevails over other instruments
105. Costs of enforcing stop work order
106. Offence: failure to comply with a stop work order
PART 9 - COMPETENCE STANDARDS
Division 1 - Key obligations
107. Regulations may specify functions to which this Part applies
108. Operator to ensure only competent persons employed to perform specified functions
109. Contractor to ensure only competent persons employed to perform specified functions
110. Only competent persons to perform specified functions
111. Penalty for offence against this Division
Division 2 - Mining Competence Board
112. Mining Competence Board
113. Ministerial control of Board
114. Membership of Board
115. Procedure of Board
Division 3 - Functions of Board
116. Functions of Board
117. Annual report
Division 4 - Certificates of competence
118. Certificates of competence may be granted
119. Regulations concerning competence standards
120. Power to make orders
Division 5 - Offences
121. Offences: certificates of competence
122. Offence of forging or having forged document
123. False or misleading statements
124. Offences if a person's competence is declared as not recognised
125. Penalty for offence against this Division
PART 10 - OVERSIGHT OF MINES
Division 1 - Outline of this Part
126. Outline of this Part
Division 2 - Inspections by government officials
Subdivision 1 - Appointment of government officials
127. Appointment of government officials
128. Qualifications of inspectors
129. Appointment of consultants as investigators
Subdivision 2 - Functions of government officials
130. Functions of Chief Inspector
131. Bringing concerns regarding health, safety or welfare to the attention of operators
132. Consideration and investigation of complaints
133. Audit and review of mine safety management plans and other arrangements
134. Additional functions
Subdivision 3 - Powers of government officials
Note
135. Powers of entry at any time
136. Power to cross land
137. Power to require plan
Division 3 - Inspections on behalf of work force
Subdivision 1 - Site check inspectors
138. Site check inspectors
139. Trigger for election
140. Conduct of election of site check inspectors
141. Term of office
142. Vacation of office of site check inspector
143. Notification of election
144. Functions of site check inspectors
145. Training of site check inspectors
146. Duties of operators in relation to site check inspectors
147. Duties of contractors in relation to site check inspectors
148. Assistance to site check inspectors
149. Reports by site check inspectors
Subdivision 2 - Inspections on behalf of work force
150. Inspections by site check inspectors
151. Site check inspector may be accompanied by operator or operator's representative
152. Site check inspector must not leave work without prior notice
153. Power to cross land
Division 4 - Offences
154. Offence of failing to comply with requirement of government official
155. Obstruction of site check inspectors in exercise of functions
156. Offence of interfering with site check inspector or government official
157. Offence of impersonating a site check inspector or government official
PART 11 - MINING INDUSTRY CODES OF PRACTICE
158. Purpose of industry codes of practice
159. Minister may prepare draft codes
160. Consultation on draft codes
161. Approval of codes by Minister
162. Publication, commencement and availability of codes
163. Amendment or revocation of codes
164. Use of codes
PART 12 - REGULATIONS
165. Regulations: general power
166. Regulations: specific miscellaneous powers
167. Regulations may prescribe decisions that are administratively reviewable by NCAT
168. Regulations: adapting duties under Part 5
169. Regulations concerning application of Part 5 to contractors
170. Regulations may adopt other publications
171. Regulations may create criminal offences
172. Exemptions
173. Regulations relating to consultation
PART 13 - MISCELLANEOUS
Division 1 - Enforcement
Note
174. Offences by corporations
175. Aiding and abetting etc
176. Defence
177. Defences to criminal proceedings not affected by this Act
Division 2 - Information
178. Disclosure of information
179. False or misleading statements
180. Defence
Division 3 - Exercise and delegation of functions
181. Chief Inspector subject to Ministerial control
182. Delegation of functions by Minister
183. Delegation of functions by Chief Inspector
184. Delegation of functions by Director-General
Division 4 - Service of documents
185. Service of documents
186. Supply of documents to operator
187. Supply of documents to Chief Inspector
Division 5 - Fees
188. Fees
Division 6 - Liability
189. Protection from liability
190. No obligation to exercise power
Division 7 - (Repealed)
None
Division 8 - General
196. Savings, transitional and other provisions
197. Review of Act
Schedule 4 (Repealed)
SCHEDULE 5