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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
COAL MINING SAFETY AND
HEALTH BILL 1999
Queensland
COAL MINING SAFETY AND HEALTH
BILL 1999
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2--Operation of Act
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
4 What does this Act apply to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
5 Who does this Act apply to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 3--Objects of Act
6 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
7 How objects are to be achieved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 4--Interpretation
8 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
9 Meaning of "coal mine" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
10 Meaning of "on-site activities" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
11 Meaning of "safety and health" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
12 Meaning of "competence" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
13 Meaning of "consultation" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
14 Meaning of "standard operating procedure" . . . . . . . . . . . . . . . . . . . . . . . . . 22
15 Meaning of "accident" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
16 Meaning of "serious accident" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
17 Meaning of "high potential incident" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
18 Meaning of "risk" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
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Coal Mining Safety and Health
19 Meaning of "hazard" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
20 Meaning of "principal hazard" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
21 Meaning of "coal mine operator" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
22 Meaning of "geographically separated" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
23 Meaning of "physical overlapping of coal mining operations" . . . . . . . . . . 25
24 When is a coal mine operator not in control . . . . . . . . . . . . . . . . . . . . . . . . . 26
25 Meaning of "site senior executive" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
26 Meaning of "supervisor" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
27 Meaning of "industry safety and health representative" . . . . . . . . . . . . . . . 27
28 Meaning of "site safety and health representative" . . . . . . . . . . . . . . . . . . . 27
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
30 How is an acceptable level of risk achieved . . . . . . . . . . . . . . . . . . . . . . . . . 28
31 What happens if the level of risk is unacceptable . . . . . . . . . . . . . . . . . . . . 29
Division 2--Cooperation
32 Cooperation to achieve objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART 3--SAFETY AND HEALTH OBLIGATIONS
Division 1--Preliminary
33 Obligations for safety and health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
34 Discharge of obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
35 Person may owe obligations in more than 1 capacity . . . . . . . . . . . . . . . . . 31
36 Person not relieved of obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
37 How obligation can be discharged if regulation or recognised
standard made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
38 How obligations can be discharged if no regulation or recognised
standard made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 2--Generally applicable safety and health obligations of
persons
39 Obligations of persons generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 3--Obligations of holders, coal mine operators, site senior
executives and others
40 Obligations of holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
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Coal Mining Safety and Health
41 Obligations of coal mine operators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
42 Obligations of site senior executive for coal mine . . . . . . . . . . . . . . . . . . . . 35
43 Obligations of contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
44 Obligations of designers, manufacturers, importers and suppliers
of plant etc. for use at coal mines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
45 Obligations of erectors and installers of plant . . . . . . . . . . . . . . . . . . . . . . . . 37
46 Obligations of manufacturers, importers and suppliers of
substances for use at coal mines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
47 Obligation of provider of services at coal mines . . . . . . . . . . . . . . . . . . . . . . 38
Division 4--Defences
48 Defences for div 2 or 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
PART 4--PROVISIONS ABOUT THE OPERATION OF COAL
MINES
Division 1--Notices about coal mines
49 Notices by holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
50 Notices by coal mine operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
51 Notice of management structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
52 Notice about exploration activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 2--Management of coal mines
53 Appointment of coal mine operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
54 Appointment of site senior executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
55 Management structure for safe operations at coal mines . . . . . . . . . . . . . . . 42
56 Competencies of supervisors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
57 Appointment of another site senior executive during temporary absence . . 43
58 Other appointments during absences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
59 Additional requirements for management of surface mines . . . . . . . . . . . . . 44
60 Additional requirements for management of underground mines . . . . . . . . . 44
61 Appointment of ventilation officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 3--Safety and health management systems
62 Safety and health management system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
63 Principal hazard management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
64 Review of principal hazard management plans and standard
operating procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
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Coal Mining Safety and Health
Division 4--Records and reporting
65 Changes in management structure to be reported to an inspector . . . . . . . . 49
66 Management structure to be recorded in the mine record . . . . . . . . . . . . . . 49
67 Plans of coal mine workings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
68 Mine record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
69 Display of reports and directives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 5--Protection of abandoned coal mines
70 Responsibility for protecting abandoned coal mines . . . . . . . . . . . . . . . . . . 52
PART 5--RECOGNISED STANDARDS
71 Purpose of recognised standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
72 Recognised standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
73 Use of recognised standards in proceedings . . . . . . . . . . . . . . . . . . . . . . . . . 54
PART 6--INDUSTRY CONSULTATIVE ARRANGEMENTS
Division 1--Purposes of part
74 Purposes of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 2--Coal mining safety and health advisory council and its
functions
75 Coal mining safety and health advisory council . . . . . . . . . . . . . . . . . . . . . . 54
76 Functions of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
77 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Division 3--Membership and conduct of council proceedings
78 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
79 Organisations to submit names to Minister . . . . . . . . . . . . . . . . . . . . . . . . . . 56
80 Appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
81 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
82 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
83 Member ceasing as member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
84 Times and places of council meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
85 Presiding at meetings of the council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
86 Quorum and voting at meetings of the council . . . . . . . . . . . . . . . . . . . . . . . 58
87 Recommendation to Minister if vote not unanimous . . . . . . . . . . . . . . . . . . 59
88 Taking part in meetings by telephone etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
89 Resolutions without meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
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Coal Mining Safety and Health
90 Minutes by the council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
91 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
PART 7--SITE SAFETY AND HEALTH REPRESENTATIVES
Division 1--Purposes of part
92 Purposes of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Division 2--Site safety and health representatives
93 Election of site safety and health representatives . . . . . . . . . . . . . . . . . . . . . 61
94 Further election if site safety and health representative not available . . . . 61
95 Person must be qualified to act as site safety and health representative . . 62
96 Ceasing to be a site safety and health representative . . . . . . . . . . . . . . . . . 62
97 Removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
98 Election after removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
99 Functions of site safety and health representatives . . . . . . . . . . . . . . . . . . . 63
100 Powers of site safety and health representative . . . . . . . . . . . . . . . . . . . . . . 64
101 Stopping of operations by site safety and health representatives . . . . . . . . 65
102 Effect of report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
103 Site senior executive not to restart operations until risk at an
acceptable level . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
104 Site safety and health representative not to unnecessarily impede
production . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
105 Protection of site safety and health representatives performing
functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
106 Site senior executive to tell site safety and health representatives
about certain things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
107 Site senior executive to display identity of site safety and health
representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
PART 8--INDUSTRY SAFETY AND HEALTH
REPRESENTATIVES
Division 1--Purposes of part
108 Purposes of pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Division 2--Industry safety and health representatives
109 Appointment of industry safety and health representatives . . . . . . . . . . . . . 68
110 Industry safety and health representative to work full-time . . . . . . . . . . . . . 68
111 Funding of industry safety and health representative . . . . . . . . . . . . . . . . . . 68
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Coal Mining Safety and Health
112 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
113 Appointment after termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
114 Filling of temporary vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
115 Vacancy generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
116 Persons not to pretend to be industry safety and health
representatives if not appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
117 Industry safety and health representative restricted to safety and
health purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
118 Functions of industry safety and health representatives . . . . . . . . . . . . . . . . 70
119 Powers of industry safety and health representatives . . . . . . . . . . . . . . . . . . 71
120 Industry safety and health representative not to unnecessarily
impede production . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
121 Inadequate or ineffective safety and health management systems . . . . . . . 72
122 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
123 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
124 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
PART 9--INSPECTORS AND INSPECTION OFFICERS AND
DIRECTIVES
Division 1--Inspectors and inspection officers
125 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
126 Qualifications for appointment as inspector . . . . . . . . . . . . . . . . . . . . . . . . . 74
127 Qualifications for appointment as inspection officer . . . . . . . . . . . . . . . . . . 74
128 Functions of inspectors and inspection officers . . . . . . . . . . . . . . . . . . . . . . . 74
129 Further functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
130 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
131 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
132 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Division 2--Powers of inspectors and inspection officers
Subdivision 1--Power to enter places
133 Entry to places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Subdivision 2--Procedure for entry
134 Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
135 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
136 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
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Coal Mining Safety and Health
137 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
138 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Subdivision 3--General powers
139 General powers after entering coal mine or other places . . . . . . . . . . . . . . . 81
140 Failure to help inspector or inspection officer . . . . . . . . . . . . . . . . . . . . . . . . 82
141 Failure to answer questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
142 Site senior executive must help inspector or inspection officer . . . . . . . . . 83
Subdivision 4--Power to seize evidence
143 Seizing evidence at coal mine or other place . . . . . . . . . . . . . . . . . . . . . . . . 83
144 Securing things after seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
145 Tampering with things subject to seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
146 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
147 Receipts to be given on seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
148 Forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
149 Return of things that have been seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
150 Access to things that have been seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Subdivision 5--Power to stop and secure plant and equipment
151 Inspector may stop and secure plant and equipment . . . . . . . . . . . . . . . . . . 86
Subdivision 6--Power to obtain information
152 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
153 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
154 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
155 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
156 Failure to certify copy of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
157 Power to require attendance of persons before an inspector to
answer questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
158 Failure to comply with requirement about attendance . . . . . . . . . . . . . . . . . 90
159 Person must answer question about serious accident or high
potential incident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Subdivision 7--Additional powers of chief inspector
160 Additional powers of chief inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
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Coal Mining Safety and Health
Division 3--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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
162 How directive is given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
163 How directive is given for ss 166, 167 and 170 . . . . . . . . . . . . . . . . . . . . . . . 92
Subdivision 2--Matters for which directives may be given
164 Directive to ensure coal mine worker competent . . . . . . . . . . . . . . . . . . . . . 93
165 Directive to carry out test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
166 Directive to reduce risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
167 Directive to suspend operations for unacceptable level of risk . . . . . . . . . . 93
168 Directive to review safety and health management system and
principal hazard management plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
169 Directive to suspend operations for ineffective safety and health
management system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
170 Directive to isolate site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
171 Directive about separate part of the mine . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
172 Directive to provide independent engineering study . . . . . . . . . . . . . . . . . . . 95
Subdivision 3--Recording of directives and other matters
173 Records must be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
174 Directives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Subdivision 4--Review of directives
175 Application for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
176 Procedure for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
177 Review of directive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
178 Stay of operation of directive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Division 4--General enforcement offences
179 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
180 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
181 Obstructing inspectors, inspection officers or industry safety and
health representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
PART 10--BOARD OF EXAMINERS
Division 1--Purposes of part
182 Purposes of pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
11
Coal Mining Safety and Health
Division 2--Board of examiners and its functions
183 Inspector for pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
184 Board of examiners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
185 Functions of board of examiners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
186 Membership and conduct of board proceedings . . . . . . . . . . . . . . . . . . . . . 102
187 Board of examiners to appoint secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
188 Appointment of board of examiners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
189 Quorum and voting at meetings of the board . . . . . . . . . . . . . . . . . . . . . . . . 103
190 Presiding at meetings of the board of examiners . . . . . . . . . . . . . . . . . . . . 103
191 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
192 Proceedings of the board of examiners . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
193 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Division 3--General
194 Examiners to be qualified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
195 Obtaining certificates of competency by fraud . . . . . . . . . . . . . . . . . . . . . . 104
196 Return of certificate of competency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
197 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
PART 11--ACCIDENTS AND INCIDENTS
Division 1--Notification of accidents, incidents and inspections
198 Notice of accidents, incidents or diseases . . . . . . . . . . . . . . . . . . . . . . . . . . 105
199 Place of accident must be inspected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Division 2--Site of accident or incident
200 Site not to be interfered with without permission . . . . . . . . . . . . . . . . . . . . 106
201 Action to be taken in relation to site of accident or incident . . . . . . . . . . 106
PART 12--BOARDS OF INQUIRY
Division 1--General
202 Minister may establish boards of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
203 Role of board of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
204 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
205 Chief executive to arrange for services of staff and financial
matters for board of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Division 2--Conduct of inquiry
206 Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
12
Coal Mining Safety and Health
207 Notice of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
208 Inquiry to be held in public except in special circumstances . . . . . . . . . . 110
209 Protection of members, legal representatives and witnesses . . . . . . . . . . . 110
210 Record of proceedings to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
211 Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
212 Board's powers on inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
213 Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
214 Inspection of documents or things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
215 Inquiry may continue despite court proceedings unless otherwise
ordered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
216 Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
217 Contempt of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
218 Change of membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
PART 13--MINES RESCUE
Division 1--Preliminary
219 Purposes of pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
220 Definitions for pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
221 Meaning of "mines rescue capability" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
222 Meaning of "mines rescue agreement" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
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 . . . . . . 115
224 Coal mine operator must contribute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
Subdivision 2--Further obligation of coal mine operators of
underground mines
225 Provision of a mines rescue capability . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Subdivision 3--Mine users
226 Mine not to be used if ss 223-225 contravened . . . . . . . . . . . . . . . . . . . . . 117
Division 3--Accredited corporations
Subdivision 1--Accreditation
227 Accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
228 Accreditation conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
229 Refusal to accredit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
13
Coal Mining Safety and Health
230 Amending, suspending or cancelling accreditations--grounds . . . . . . . . . 119
231 Amending, suspending or cancelling accreditations--procedure . . . . . . . 119
Subdivision 2--Functions and performance
232 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
233 Performance criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
234 Reporting to Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
Subdivision 3--Miscellaneous
235 Accredited corporation must keep records . . . . . . . . . . . . . . . . . . . . . . . . . . 122
PART 14--APPEALS
Division 1--Appeals against particular decisions of Minister or
board of examiners
236 Appeals against Minister's decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
237 Appeals against board of examiners' decision . . . . . . . . . . . . . . . . . . . . . . 124
238 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
239 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
240 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
241 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
242 Appeal to District Court on questions of law only . . . . . . . . . . . . . . . . . . . 126
Division 2--Appeals against chief inspector's directives and review
decisions
243 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
244 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
245 Stay of operation of directive or review decision . . . . . . . . . . . . . . . . . . . . 127
246 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
247 Assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
248 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
PART 15--LEGAL PROCEEDINGS
Division 1--Evidence
249 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
250 Proof of appointments and authority unnecessary . . . . . . . . . . . . . . . . . . . . 129
251 Proof of signatures unnecessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
252 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
253 Expert reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
14
Coal Mining Safety and Health
254 Analyst's certificate or report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
Division 2--Proceedings
255 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
256 Recommendation to prosecute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
257 Limitation on time for starting proceedings . . . . . . . . . . . . . . . . . . . . . . . . . 133
258 Court may order suspension or cancellation of certificate . . . . . . . . . . . . . 133
259 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
260 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
261 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . 134
262 Executive officers must ensure corporation complies with Act . . . . . . . . . 135
263 Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
264 Costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
265 Recovery of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
Division 3--Evidentiary provisions
266 Service of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
267 How document to be given to coal mine operator . . . . . . . . . . . . . . . . . . . 137
PART 16--OFFENCES
268 Person not to encourage refusal to answer questions . . . . . . . . . . . . . . . . . 137
269 Impersonating inspector or inspection officers and others . . . . . . . . . . . . . 137
270 Protection for officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
PART 17--GENERAL
Division 1--General safety matters
271 Contraband must not be taken into an underground mine . . . . . . . . . . . . . 138
272 Children under 16 not to be employed underground . . . . . . . . . . . . . . . . . . 139
273 Withdrawal of persons in case of danger . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
274 Where coal mine worker exposed to immediate personal danger . . . . . . . 140
275 Representation by coal mine worker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
Division 2--Miscellaneous
276 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
PART 18--ADMINISTRATION
277 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
278 Delegation of chief inspector's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
15
Coal Mining Safety and Health
279 Notices about coal industry statistics or information . . . . . . . . . . . . . . . . . 143
280 Chief executive to keep records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
281 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
PART 19--REGULATIONS
282 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
PART 20--TRANSITIONAL PROVISIONS AND REPEALS AND
CONSEQUENTIAL AMENDMENTS
Division 1--Definitions
283 Definitions for pt 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
Division 2--Transitional matters
284 Existing notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
285 Existing certificates of competency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
286 Approvals by inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
287 Board of examiners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
288 Mines rescue performance criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
289 Existing chief inspector to be chief inspector . . . . . . . . . . . . . . . . . . . . . . . 146
290 Existing inspector to be inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
291 Existing inspection officer to be inspection officer . . . . . . . . . . . . . . . . . . . 147
292 Existing district union inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
293 Existing miners' officer to be site safety and health representative . . . . . 147
294 Mine record book taken to be mine record . . . . . . . . . . . . . . . . . . . . . . . . . 147
295 Notices about coal industry statistics or information . . . . . . . . . . . . . . . . . 147
296 Coal Industry Employees' Health Scheme . . . . . . . . . . . . . . . . . . . . . . . . . 147
297 Warden may finish inquiry into accident . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Division 3--Repeals
298 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Division 4--Consequential amendments
299 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 149
CONSEQUENTIAL AMENDMENTS
CORONERS ACT 1958 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
EVIDENCE ACT 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
EXPLOSIVES ACT 1952 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
16
Coal Mining Safety and Health
FIRE AND RESCUE AUTHORITY ACT 1990 . . . . . . . . . . . . . . . . . . . . . 150
FOREIGN OWNERSHIP OF LAND REGISTER ACT 1988 . . . . . . . . . . 150
FORESTRY ACT 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
FREEDOM OF INFORMATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . 151
PROPERTY LAW ACT 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
QUEENSLAND INTERNATIONAL TOURIST CENTRE
AGREEMENT ACT REPEAL ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . 151
WORKPLACE HEALTH AND SAFETY ACT 1995 . . . . . . . . . . . . . . . . . 152
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 153
SUBJECT MATTER FOR REGULATIONS
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . 157
DICTIONARY
1999
A BILL
FOR
An Act to regulate the operation of coal mines, to protect the safety
and health of persons at coal mines and persons who may be
affected by coal mining operations, and for other purposes
s1 18 s5
Coal Mining Safety and Health
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
title 4
Short
1. This Act may be cited as the Coal Mining Safety and Health Act 1999. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
2--Operation of Act 8
Division
binds all persons 9
Act
3.(1) This Act binds all persons, including the State and, so far as the 10
legislative power of the Parliament permits, the Commonwealth and all the 11
other States. 12
(2) Nothing in this Act makes the State liable to be prosecuted for an 13
offence. 14
does this Act apply to 15
What
4. This Act applies to coal mines and coal mining operations. 16
does this Act apply to 17
Who
5. This Act applies to-- 18
(a) everyone who may affect the safety or health of persons while the 19
persons are at a coal mine; and 20
s6 19 s7
Coal Mining Safety and Health
(b) everyone who may affect the safety or health of persons as a 1
result of coal mining operations; and 2
(c) a person whose safety or health may be affected while at a coal 3
mine or as a result of coal mining operations. 4
3--Objects of Act 5
Division
of Act 6
Objects
6. The objects of this Act are-- 7
(a) to protect the safety and health of persons at coal mines and 8
persons who may be affected by coal mining operations; and 9
(b) to require that the risk of injury or illness to any person resulting 10
from coal mining operations be at an acceptable level. 11
objects are to be achieved 12
How
7. The objects of this Act are to be achieved by-- 13
(a) imposing safety and health obligations on persons who operate 14
coal mines or who may affect the safety or health of others at coal 15
mines; and 16
(b) providing for safety and health management systems at coal 17
mines to manage risk effectively; and 18
(c) making regulations and recognised standards for the coal mining 19
industry to require and promote risk management and control; 20
and 21
(d) establishing a safety and health advisory council to allow the coal 22
mining industry to participate in developing strategies for 23
improving safety and health; and 24
(e) providing for safety and health representatives to represent the 25
safety and health interests of coal mine workers; and 26
s8 20 s9
Coal Mining Safety and Health
(f) providing for inspectors and other officers to monitor the 1
effectiveness of risk management and control at coal mines, and 2
to take appropriate action to ensure adequate risk management; 3
and 4
(g) providing a way for the competencies of persons at coal mines to 5
be assessed and recognised; and 6
(h) requiring management structures so that persons may 7
competently supervise the safe operation of coal mines; and 8
(i) providing for an appropriate coal mines rescue capability; and 9
(j) providing for a satisfactory level of preparedness for emergencies 10
at coal mines; and 11
(k) providing for the health assessment of coal mine workers. 12
Division 4--Interpretation 13
14
Dictionary
8. The dictionary in schedule 3 defines particular words used in this Act. 15
of "coal mine" 16
Meaning
9.(1) A "coal mine" is any of the following places-- 17
(a) a place where on-site activities are carried on within the 18
boundaries of land the subject of a mining tenure; 19
(b) a place where on-site activities are carried on on land adjoining, 20
adjacent to, or contiguous with, the boundaries of land the subject 21
of a mining tenure and within which is a place mentioned in 22
paragraph (a); 23
(c) a place where on-site activities are carried on unlawfully because 24
land at the place is not the subject of a mining tenure; 25
(d) a place that was a coal mine while works are done to secure it 26
after its abandonment; 27
s 10 21 s 10
Coal Mining Safety and Health
(e) a place where tourism, education or research related to coal 1
mining happens that is declared under a regulation to be a coal 2
mine. 3
(2) A "coal mine" includes buildings for administration, 4
accommodation and associated facilities within the boundaries of land the 5
subject of the mining tenure for the mine or on land adjoining, adjacent to, 6
or contiguous with the boundaries of the land the subject of the mining 7
tenure. 8
(3) Despite subsection (1)(d), a place that was a coal mine is not a "coal 9
mine" after its abandonment merely because work is being done at the 10
place by or for the State-- 11
(a) to ensure public safety; or 12
(b) to rehabilitate it; or 13
(c) to secure it. 14
of "on-site activities" 15
Meaning
10.(1) "On-site activities" are activities carried on principally for, or in 16
connection with, exploring for or winning coal and include the following-- 17
(a) constructing-- 18
(i) things required or permitted to be constructed under an 19
exploration permit, mineral development licence or mining 20
lease; or 21
(ii) for a place mentioned in section 9(1)(c)--things that are 22
required or permitted to be constructed under an exploration 23
permit, mineral development licence or mining lease; 24
(b) treating coal and disposing of waste substances; 25
(c) rehabilitating of a place after coal mining operations; 26
(d) maintaining and testing plant, equipment or machinery. 27
(2) "On-site activities" do not include the following-- 28
(a) airborne geophysical surveys; 29
(b) transporting product from a coal mine on public roads or public 30
railways or on any other railway; 31
s 11 22 s 15
Coal Mining Safety and Health
(c) air transport to and from a coal mine; 1
(d) pastoral activities; 2
(e) an activity declared not to be an on-site activity under a regulation. 3
of "safety and health" 4
Meaning
11. A person's "safety and health" is the person's safety or health, to 5
the extent it is or may be affected by coal mining operations or other 6
activities at a coal mine. 7
of "competence" 8
Meaning
12. "Competence" for a task at a coal mine is the demonstrated skill and 9
knowledge required to carry out the task to a standard necessary for the 10
safety and health of persons. 11
of "consultation" 12
Meaning
13. "Consultation" with coal mine workers is discussion between the 13
site senior executive or supervisors and affected coal mine workers about a 14
matter with the aim of reaching agreement about the matter. 15
of "standard operating procedure" 16
Meaning
14. A "standard operating procedure" at a coal mine is a way of 17
working, or an arrangement of facilities, at the coal mine to achieve an 18
acceptable level of risk, developed after consultation with coal mine 19
workers. 20
of "accident" 21
Meaning
15. An "accident" at a coal mine is an event, or a series of events, at the 22
coal mine causing injury to a person. 23
s 16 23 s 21
Coal Mining Safety and Health
of "serious accident" 1
Meaning
16. A "serious accident" at a coal mine is an accident at a coal mine that 2
causes-- 3
(a) the death of a person; or 4
(b) a person to be admitted to a hospital as an in-patient for treatment 5
for the injury. 6
of "high potential incident" 7
Meaning
17. A "high potential incident" at a coal mine is an event, or a series of 8
events, that causes or has the potential to cause a significant adverse effect 9
on the safety or health of a person. 10
of "risk" 11
Meaning
18.(1) "Risk" means the risk of injury or illness to a person arising out 12
of a hazard. 13
(2) Risk is measured in terms of consequences and likelihood. 14
of "hazard" 15
Meaning
19. A "hazard" is a thing or a situation with potential to cause injury or 16
illness to a person. 17
of "principal hazard" 18
Meaning
20. A "principal hazard" at a coal mine is a hazard at the coal mine 19
with the potential to cause multiple fatalities. 20
of "coal mine operator" 21
Meaning
21.(1) A "coal mine operator" for a coal mine is-- 22
(a) the holder; or 23
s 21 24 s 21
Coal Mining Safety and Health
(b) if another person has been appointed as the coal mine operator 1
under section 53 and the appointment is notified to the chief 2
inspector under section 49,1 the other person. 3
(2) If-- 4
(a) another person mentioned in subsection (1)(b) is appointed as the 5
coal mine operator for a separate part of a surface mine; and 6
(b) the appointment is notified to the chief inspector under section 49; 7
the person's responsibilities and safety and health obligations under this Act 8
as a coal mine operator for a coal mine are limited to the separate part of the 9
surface mine. 10
(3) If-- 11
(a) 1 or more persons are appointed as coal mine operators for 12
separate parts of a surface mine; and 13
(b) the appointments are notified to the chief inspector under 14
section 49; 15
the holder's responsibilities and safety and health obligations under this Act 16
as a coal mine operator for the coal mine are limited to the part of the mine 17
to which the appointments do not apply. 18
(4) For this section, a part of a surface mine is taken to be a "separate 19
part of a surface mine" only if-- 20
(a) the part is geographically separated2 from the rest of the mine; 21
and 22
(b) there is no physical overlapping 3 of coal mining operations 23
between the part and the operations in another part of the mine; 24
and 25
(c) the coal mine operator for the part is in control4 of-- 26
1 Section 49 (Notices by holder)
2 See section 22 (Meaning of "geographically separated").
3 See section 23 (Meaning of "physical overlapping of coal mining operations").
4 See section 24 (When is a coal mine operator not in control).
s 22 25 s 23
Coal Mining Safety and Health
(i) the coal mining operations carried out in the part of the mine; 1
and 2
(ii) the resources associated with the operations. 3
(5) A person may be appointed coal mine operator for more than 1 mine 4
or separate part of a surface mine. 5
of "geographically separated" 6
Meaning
22.(1) For section 21(4), a part of a surface mine is "geographically 7
separated" from the rest of the mine if there is a clear boundary between 8
the part of the surface mine and the rest of the mine. 9
(2) Examples of a part of a surface mine that is geographically separated 10
from the rest of the mine include the following-- 11
(a) a treatment plant that has all of its own facilities; 12
(b) a surface mine excavation that has it own facilities, including haul 13
roads not shared with persons involved in operations in another 14
part of the mine; 15
(c) a place where exploration activities are carried out if persons 16
carrying out the activities do not share facilities with persons 17
involved in coal mining operations in another part of the mine. 18
of "physical overlapping of coal mining operations" 19
Meaning
23.(1) For section 21(4), "physical overlapping of coal mining 20
operations" for a surface mine includes the common use with persons 21
involved in coal mining operations in another part of the mine of-- 22
(a) haul roads; and 23
(b) stockpiles, if vehicles associated with coal mining operations in 24
another part of the mine travel onto the stockpiles; and 25
(c) mine workshops, stores and stores systems, hard stands and 26
amenities. 27
(2) However, the following are not "physical overlapping of coal mining 28
operations" for a surface mine-- 29
s 24 26 s 25
Coal Mining Safety and Health
(a) vehicles from 1 part of the mine dumping into a receival hopper 1
in another part of the mine if the vehicles do not travel into the 2
other part of the mine; 3
(b) a conveyor system in 1 part of the mine discharging into a bin or 4
onto a stockpile controlled by persons in another part of the mine; 5
(c) a workshop in 1 part of the mine servicing vehicles from another 6
part of the mine; 7
(d) a laboratory in 1 part of the mine providing a service to another 8
part of the mine. 9
is a coal mine operator not in control 10
When
24. For section 21(4), a coal mine operator is not in control of coal 11
mining operations and associated resources for part of a surface mine if-- 12
(a) a person involved with coal mining operations in the part of the 13
mine can transfer resources to another part of the mine; or 14
(b) a person involved with coal mining operations in the part of the 15
mine has the general management of another part of the mine; or 16
(c) a person involved in coal mining in the part of the mine can 17
control the supply of services, including supervision and safety 18
inspections, to another part of the mine. 19
of "site senior executive" 20
Meaning
25.(1) The "site senior executive" for a coal mine is the most senior 21
officer employed by the coal mine operator for the coal mine who-- 22
(a) is located at or near the coal mine; and 23
(b) has responsibility for the coal mine. 24
(2) Subsection (1)(a) does not require an officer with responsibility for 25
exploration activities under an exploration permit or mineral development 26
licence to be located at or near the coal mine. 27
s 26 27 s 28
Coal Mining Safety and Health
(3) If the officer only has responsibility for a separate part of a surface 1
mine, the officer's responsibilities and safety and health obligations under 2
this Act as a site senior executive for a coal mine are limited to the separate 3
part of the surface mine for which the officer has responsibility. 4
of "supervisor" 5
Meaning
26. A "supervisor" at a coal mine is a coal mine worker whose duties 6
include the giving of directions to other coal mine workers. 7
of "industry safety and health representative" 8
Meaning
27. An "industry safety and health representative" is a person who is 9
appointed under section 109(1)5 to represent coal mine workers on safety 10
and health matters and who performs the functions and exercises the 11
powers of an industry safety and health representative mentioned in part 8, 12
division 2. 13
of "site safety and health representative" 14
Meaning
28. A "site safety and health representative" for a coal mine is a coal 15
mine worker elected under section 93 by coal mine workers at the coal mine 16
to exercise the powers and perform the functions of a site safety and health 17
representative mentioned in part 7 division 2. 18
5 Section 109 (Appointment of industry safety and health representatives)
s 29 28 s 30
Coal Mining Safety and Health
PART 2--THE CONTROL AND MANAGEMENT OF 1
RISK AND OTHER BASIC CONCEPTS 2
Division 1--Control and management of risk 3
is an acceptable level of risk 4
What
29.(1) For risk to a person from coal mining operations to be at an 5
"acceptable level", the operations must be carried out so that the level of 6
risk from the operations is-- 7
(a) within acceptable limits; and 8
(b) as low as reasonably achievable. 9
(2) To decide whether risk is within acceptable limits and as low as 10
reasonably achievable regard must be had to-- 11
(a) the likelihood of injury or illness to a person arising out of the 12
risk; and 13
(b) the severity of the injury or illness. 14
is an acceptable level of risk achieved 15
How
30.(1) To achieve an acceptable level of risk, this Act requires that 16
management and operating systems must be put in place for each coal 17
mine. 18
(2) This Act provides that the systems must incorporate risk 19
management elements and practices appropriate for each coal mine to-- 20
(a) identify, analyse, and assess risk; and 21
(b) avoid or remove unacceptable risk; and 22
(c) monitor levels of risk and the adverse consequences of retained 23
residual risk; and 24
(d) investigate and analyse the causes of serious accidents and high 25
potential incidents with a view to preventing their recurrence; and 26
(e) review the effectiveness of risk control measures, and take 27
appropriate corrective and preventive action; and 28
s 31 29 s 32
Coal Mining Safety and Health
(f) mitigate the potential adverse effects arising from residual risk. 1
(3) Also, the way an acceptable level of risk of injury or illness may be 2
achieved may be prescribed under a regulation. 3
happens if the level of risk is unacceptable 4
What
31.(1) If there is an unacceptable level of risk to persons at a coal mine, 5
this Act requires that-- 6
(a) persons be evacuated to a safe location; and 7
(b) action be taken to reduce the risk to an acceptable level. 8
(2) Action to reduce the risk to an acceptable level may include stopping 9
the use of specified plant or substances. 10
(3) The action may be taken by the coal mine operator for the mine, the 11
site senior executive for the mine, industry safety and health representatives, 12
site safety and health representatives, coal mine workers, inspectors or 13
inspection officers. 14
Division 2--Cooperation 15
to achieve objects of Act 16
Cooperation
32.(1) This Act seeks to achieve cooperation between coal operators, site 17
senior executives and coal workers to achieve the objects of the Act. 18
(2) Cooperation is an important strategy in achieving the objects of the 19
Act and is achieved-- 20
(a) at an industry level by-- 21
(i) the establishment of the coal mining safety and health 22
advisory council under part 6; and 23
(ii) the appointment of industry safety and health representatives 24
under part 8; and 25
(b) at coal mine level by-- 26
(i) the election of site safety and health representatives under 27
part 7; and 28
s 33 30 s 34
Coal Mining Safety and Health
(ii) the process of involving coal mine workers in the 1
management of risk. 2
PART 3--SAFETY AND HEALTH OBLIGATIONS 3
1--Preliminary 4
Division
for safety and health 5
Obligations
33.(1) Coal mine workers or other persons at coal mines or persons who 6
may affect safety and health at coal mines or as a result of coal mining 7
operations, have obligations under division 2 ("safety and health 8
obligations"). 9
(2) The following persons have obligations under division 3 (also "safety 10
and health obligations")-- 11
(a) a holder; 12
(b) a coal mine operator; 13
(c) a site senior executive; 14
(d) a contractor; 15
(e) a designer, manufacturer, importer or supplier of plant for use at a 16
coal mine; 17
(f) an erector or installer of plant at a coal mine; 18
(g) a manufacturer, importer or supplier of substances for use at a 19
coal mine; 20
(h) a person who supplies a service at a coal mine. 21
of obligations 22
Discharge
34. A person on whom a safety and health obligation is imposed must 23
discharge the obligation. 24
Maximum penalty-- 25
s 35 31 s 37
Coal Mining Safety and Health
(a) if the contravention caused death or grievous bodily 1
harm--800 penalty units or 2 years imprisonment; or 2
(b) if the contravention involved exposure to a substance that is likely 3
to cause death or grievous bodily harm--500 penalty units or 4
1 year's imprisonment; or 5
(c) if the contravention caused bodily harm--500 penalty units or 6
1 year's imprisonment; or 7
(d) otherwise--400 penalty units. 8
may owe obligations in more than 1 capacity 9
Person
35. A person on whom a safety and health obligation is imposed may be 10
subject to more than 1 safety and health obligation. 11
12
Example--
13
A person may be a coal mine operator, contractor and supplier of plant at the
14
same time for a single coal mine and be subject to obligations in each of the
15
capacities.
not relieved of obligations 16
Person
36. To remove doubt, nothing in this Act that imposes a safety and health 17
obligation on a person relieves another person of the person's safety and 18
health obligations under this Act. 19
obligation can be discharged if regulation or recognised 20
How
standard made 21
37.(1) If a regulation prescribes a way of achieving an acceptable level of 22
risk, a person may discharge the person's safety and health obligation in 23
relation to the risk only by following the prescribed way. 24
(2) If a regulation prohibits exposure to a risk, a person may discharge 25
the person's safety and health obligation in relation to the risk only by 26
ensuring the prohibition is not contravened. 27
(3) Subject to subsections (1) and (2), if a recognised standard states a 28
way or ways of achieving an acceptable level of risk, a person discharges 29
the person's safety and health obligation in relation to the risk only by-- 30
s 38 32 s 39
Coal Mining Safety and Health
(a) adopting and following a stated way; or 1
(b) adopting and following another way that achieves a level of risk 2
that is equal to or better than the acceptable level.6 3
obligations can be discharged if no regulation or recognised 4
How
standard made 5
38.(1) This section applies if there is no regulation or recognised standard 6
prescribing or stating a way to discharge the person's safety and health 7
obligation in relation to a risk. 8
(2) The person may choose an appropriate way to discharge the person's 9
safety and health obligation in relation to the risk. 10
(3) However, the person discharges the person's safety and health 11
obligation in relation to the risk only if the person takes reasonable 12
precautions, and exercises proper diligence, to ensure the obligation is 13
discharged. 14
Division 2--Generally applicable safety and health obligations of 15
persons 16
of persons generally 17
Obligations
39.(1) A coal mine worker or other person at a coal mine or a person 18
who may affect the safety and health of others at a coal mine or as a result 19
of coal mining operations has the following obligations-- 20
(a) to comply with this Act and procedures applying to the worker or 21
person that are part of a safety and health management system for 22
the mine; 23
(b) if the coal mine worker or other person has information that other 24
persons need to know to fulfil their obligations or duties under 25
this Act, or to protect themselves from the risk of injury or 26
illness, to give the information to the other persons; 27
6 For this section and the following section, see defences provided for under
division 4.
s 40 33 s 40
Coal Mining Safety and Health
(c) to take any other reasonable and necessary course of action to 1
ensure anyone is not exposed to an unacceptable level of risk. 2
(2) A coal mine worker or other person at a coal mine has the following 3
additional obligations-- 4
(a) to work or carry out the worker's or person's activities in a way 5
that does not expose the worker or person or someone else to an 6
unacceptable level of risk; 7
(b) to ensure, to the extent of the responsibilities and duties allocated 8
to the worker or person, that the work and activities under the 9
worker's or person's control, supervision, or leadership is 10
conducted in a way that does not expose the worker or person or 11
someone else to an unacceptable level of risk; 12
(c) to the extent of the worker's or person's involvement, to 13
participate in and conform to the risk management practices of the 14
mine; 15
(d) to comply with instructions given for safety and health of persons 16
by the coal mine operator or site senior executive for the mine or 17
a supervisor at the mine; 18
(e) to work at the coal mine only if the worker or person is in a fit 19
condition to carry out the work without affecting the safety and 20
health of others; 21
(f) not to do anything wilfully or recklessly that might adversely 22
affect the safety and health of someone else at the mine. 23
3--Obligations of holders, coal mine operators, site senior 24
Division
executives and others 25
of holders 26
Obligations
40.(1) This section applies if the holder and the coal mine operator for a 27
coal mine are or are to be different persons. 28
(2) The holder must-- 29
s 41 34 s 41
Coal Mining Safety and Health
(a) inform a person proposing to enter into a contract with the holder 1
to act as coal mine operator, by notice, of all relevant information 2
available to the holder that may help the proposed coal mine 3
operator-- 4
(i) to ensure the site senior executive for the coal mine develops 5
and implements a safety and health management system for 6
the mine; and 7
(ii) to prepare and implement principal hazard management 8
plans for the mine; and 9
(b) include in the contract appointing the coal mine operator an 10
obligation on the operator-- 11
(i) to establish a safety and health management system for the 12
mine; and 13
(ii) other than for exploration activities under an exploration 14
permit or mineral development licence--to be a party to a 15
mines rescue agreement. 16
Maximum penalty for subsection (2)--100 penalty units. 17
of coal mine operators 18
Obligations
41.(1) A coal mine operator for a coal mine has the following 19
obligations-- 20
(a) to ensure the risk to coal mine workers while at the operator's 21
mine is at an acceptable level, including, for example, by 22
providing and maintaining a place of work and plant in a safe 23
state; 24
(b) to ensure the operator's own safety and health and the safety and 25
health of others is not affected by the way the operator conducts 26
coal mining operations; 27
(c) to appoint a site senior executive for the mine; 28
(d) to ensure the site senior executive for the mine-- 29
(i) develops and implements a safety and health management 30
system for the mine; and 31
s 42 35 s 42
Coal Mining Safety and Health
(ii) develops, implements and maintains a management 1
structure for the mine that helps ensure the safety and health 2
of persons at the mine; 3
(e) to audit and review the effectiveness and implementation of the 4
safety and health management system to ensure the risk to 5
persons from coal mining operations is at an acceptable level; 6
(f) to provide adequate resources to ensure the effectiveness and 7
implementation of the safety and health management system. 8
(2) Without limiting subsection (1), the coal mine operator has an 9
obligation not to operate the coal mine without a safety and health 10
management system for the mine. 11
of site senior executive for coal mine 12
Obligations
42. A site senior executive for a coal mine has the following obligations 13
in relation to the safety and health of persons who may be affected by coal 14
mining operations-- 15
(a) to ensure the risk to persons from coal mining operations is at an 16
acceptable level; 17
(b) to ensure the risk to persons from any plant or substance 18
provided by the site senior executive for the performance of work 19
by someone other than the site senior executive's coal mine 20
workers is at an acceptable level; 21
(c) to develop and implement a safety and health management 22
system for the mine; 23
(d) to develop, implement and maintain a management structure for 24
the mine that helps ensure the safety and health of persons at the 25
mine; 26
(e) to train coal mine workers so that they are competent to perform 27
their duties; 28
(f) to provide for-- 29
(i) adequate planning, organisation, leadership and control of 30
coal mining operations; and 31
s 43 36 s 44
Coal Mining Safety and Health
(ii) the carrying out of critical work at the mine that requires 1
particular technical competencies; and 2
(iii) adequate supervision and control of coal mining operations 3
on each shift at the mine; and 4
(iv) regular monitoring and assessment of the working 5
environment, work procedures, equipment, and installations 6
at the mine; and 7
(v) appropriate inspection of each workplace at the mine 8
including, where necessary, pre-shift inspections. 9
of contractors 10
Obligations
43. A contractor at a coal mine has an obligation to ensure, to the extent 11
that they relate to the work undertaken by the contractor, that provisions of 12
this Act and any applicable safety and health management system are 13
complied with. 14
of designers, manufacturers, importers and suppliers of 15
Obligations
plant etc. for use at coal mines 16
44.(1) A designer or importer of plant for use at a coal mine has an 17
obligation to ensure the plant is designed so that, when used properly, the 18
risk to persons from the use of the plant is at an acceptable level. 19
(2) A manufacturer or importer of plant for use at a coal mine has an 20
obligation to ensure the plant is constructed so that, when used properly, the 21
risk to persons from the use of the plant is at an acceptable level. 22
(3) A designer, manufacturer or importer of plant for use at a coal mine 23
has an obligation to ensure the plant undergoes appropriate levels of testing 24
and examination to ensure compliance with the obligation imposed by 25
subsection (1) or (2). 26
(4) Also, a designer, manufacturer, importer or supplier of plant for use 27
at a coal mine has the following obligations-- 28
(a) to take all reasonable steps to ensure appropriate information 29
about the safe use of the plant is available, including information 30
about the maintenance necessary for the safe use of the plant; 31
s 45 37 s 46
Coal Mining Safety and Health
(b) to take the action the chief inspector reasonably requires to 1
prevent the use of unsafe plant anywhere. 2
3
Example of subsection (4)(b)--
4
The chief inspector may require a designer, manufacturer, importer or supplier of
5
plant to recall the plant to prevent its use.
(5) For subsection (4)(a), information is appropriate if the information 6
states-- 7
(a) the use for which the plant has been designed and tested; and 8
(b) any conditions that must be followed if the plant is to be used 9
safely so that risk to persons is at an acceptable level. 10
(6) If a supplier of plant becomes aware of a hazard or defect associated 11
with the plant the supplier has supplied to a coal mine operator for a coal 12
mine or to a contractor for use at a coal mine, that may create an 13
unacceptable level of risk to users of the plant, the supplier has an obligation 14
to take all reasonable steps to inform the coal mine operator or contractor-- 15
(a) of the nature of the hazard or defect and its significance; and 16
(b) any modifications or controls the supplier is aware of that have 17
been developed to eliminate or correct the hazard or defect or 18
manage the risk. 19
of erectors and installers of plant 20
Obligations
45. An erector or installer of plant at a coal mine has an obligation-- 21
(a) to erect or install the plant in a way that is safe and does not 22
expose persons at the mine to an unacceptable level of risk; and 23
(b) to ensure nothing about the way the plant was erected or installed 24
makes it unsafe or likely to expose persons at the mine to an 25
unacceptable level of risk when used properly. 26
of manufacturers, importers and suppliers of substances 27
Obligations
for use at coal mines 28
46.(1) A manufacturer or importer of a substance for use at a coal mine 29
has the following obligations-- 30
s 47 38 s 47
Coal Mining Safety and Health
(a) to ensure the substance is safe so that, when used properly, the 1
risk to persons from the use of the substance is at an acceptable 2
level; 3
(b) to ensure the substance undergoes appropriate levels of testing 4
and examination to ensure compliance with the obligation 5
imposed by paragraph (a). 6
(2) Also, a manufacturer, importer or supplier of a substance for use at a 7
coal mine has the following obligations-- 8
(a) to ensure appropriate information about the safe use, storage and 9
disposal of the substance is provided with the substance; 10
(b) to take the action the chief inspector reasonably requires to 11
prevent the use of an unsafe substance at a coal mine. 12
13
Example of subsection (2)(b)--
14
The chief inspector may require a manufacturer, importer or supplier of a
15
substance to recall the substance to prevent its use.
(3) For subsection (2)(a), information is "appropriate" if the 16
information clearly identifies the substance and states-- 17
(a) the precautions, if any, to be taken for the safe use, storage or 18
disposal of the substance; and 19
(b) the risks, if any, associated with the use, storage or disposal of the 20
substance. 21
of provider of services at coal mines 22
Obligation
47. A person who provides a service at a coal mine has the following 23
obligations-- 24
(a) to ensure the safety and health of coal mine workers or other 25
persons is not adversely affected as a result of the service 26
provided; 27
(b) to ensure the fitness for use of plant at the coal mine is not 28
adversely affected by the service provided. 29
s 48 39 s 48
Coal Mining Safety and Health
Division 4--Defences 1
for div 2 or 3 2
Defences
48.(1) It is a defence in a proceeding against a person for a contravention 3
of an obligation imposed on the person under division 2 or 3 in relation to a 4
risk for the person to prove-- 5
(a) if a regulation has been made about the way to achieve an 6
acceptable level of risk--the person followed the way prescribed 7
in the regulation to prevent the contravention; or 8
(b) subject to paragraph (a), if a recognised standard has been made 9
stating a way or ways to achieve an acceptable level of a risk-- 10
(i) that the person adopted and followed a stated way to prevent 11
the contravention; or 12
(ii) that the person adopted and followed another way that 13
achieved a level of risk that is equal to or better than the 14
acceptable level to prevent the contravention; or 15
(c) if no regulation or recognised standard prescribes or states a way 16
to discharge the person's safety and health obligation in relation to 17
the risk--that the person took reasonable precautions and 18
exercised proper diligence to prevent the contravention. 19
(2) Also, it is a defence in a proceeding against a person for an offence 20
against section 34 for the person to prove that the commission of the 21
offence was due to causes over which the person had no control. 22
(3) The Criminal Code, sections 23 and 24,7 do not apply in relation to a 23
contravention of section 34.8 24
(4) In this section, a reference to a recognised standard is a reference to 25
the recognised standard in force at the time of the contravention. 26
7 Criminal Code, sections 23 (Intention--motive) and 24 (Mistake of fact)
8 Section 34 (Discharge of obligations)
s 49 40 s 50
Coal Mining Safety and Health
ART 4--PROVISIONS ABOUT THE OPERATION 1
P
OF COAL MINES 2
Division 1--Notices about coal mines 3
by holder 4
Notices
49.(1) Before coal mining operations start at a coal mine or a separate 5
part of a surface mine, the holder for the mine must give the chief inspector 6
notice of-- 7
(a) the name and address of the coal mine operator for the mine or 8
part;9 and 9
(b) the name of, and a description of the land comprising, the mine or 10
part; and 11
(c) the date on which operations are to start at the mine or part. 12
Maximum penalty--40 penalty units. 13
(2) Subsection (1)(b) and (c) do not apply to exploration activities under 14
an exploration permit or mineral development licence. 15
(3) The holder must not change the following for a coal mine without 16
first giving the chief inspector notice-- 17
(a) the coal mine operator; 18
(b) the name of the mine. 19
Maximum penalty for subsection (3)--40 penalty units. 20
by coal mine operator 21
Notices
50.(1) Before coal mining operations start at a coal mine, the coal mine 22
operator must give the inspector for the region in which the coal mine is 23
situated notice of the name and address of the site senior executive for the 24
mine. 25
9 The coal mine operator may be the holder or a person appointed as coal mine
operator under section 53 (Appointment of coal mine operator).
s 51 41 s 52
Coal Mining Safety and Health
Maximum penalty--40 penalty units. 1
(2) Also, the coal mine operator must, within 7 days after the 2
appointment, give the inspector for the region notice of the following 3
appointments including the name and address of the person appointed-- 4
(a) the appointment of a new site senior executive; 5
(b) an appointment under section 57.10 6
Maximum penalty--40 penalty units. 7
(3) When land is added to or omitted from a coal mine, the coal mine 8
operator must, within 1 month after the addition or omission, give to the 9
chief inspector written particulars of the land added or omitted. 10
Maximum penalty--40 penalty units. 11
of management structure 12
Notice
51. Before coal mining operations start at a coal mine, the site senior 13
executive must give a copy of the management structure the site senior 14
executive must document under section 5511 to the inspector for the region 15
in which the mine is situated. 16
Maximum penalty--40 penalty units. 17
about exploration activities 18
Notice
52. If exploration activities are to be carried out on land under an 19
exploration permit or mineral development licence, the coal mine operator 20
must give the inspector for the region in which the land subject to the 21
exploration permit or mineral development licence is situated notice of the 22
nature of the intended activity and the planned start date and duration of the 23
activity. 24
Maximum penalty--40 penalty units. 25
10 Section 57 (Appointment of another site senior executive during temporary
absence)
11 Section 55 (Management structure for safe operations at coal mines)
s 53 42 s 55
Coal Mining Safety and Health
Division 2--Management of coal mines 1
of coal mine operator 2
Appointment
53.(1) The holder for a coal mine may, by written contract, appoint a 3
person as the coal mine operator for the mine or, if mine is or includes a 4
separate part of a surface mine, the separate part. 5
(2) An appointment of a person as coal mine operator for a part of a coal 6
mine that is not a separate part of a surface mine is ineffective. 7
of site senior executive 8
Appointment
54.(1) A coal mine operator for a coal mine or for a separate part of a 9
surface mine must not appoint more than 1 site senior executive for the 10
mine or for the part for which the person is coal mine operator. 11
Maximum penalty--500 penalty units. 12
(2) A coal mine operator must not appoint a person to be site senior 13
executive for more than 1 coal mine. 14
Maximum penalty--500 penalty units. 15
(3) However, a person may be appointed to be site senior executive for 16
more than 1 coal mine if-- 17
(a) the mines are part of a mining project; or 18
(b) the mines consist only of exploration activities under an 19
exploration permit or mineral development licence. 20
(4) In this section-- 21
"appoint" includes employ and purport to appoint. 22
structure for safe operations at coal mines 23
Management
55.(1) The site senior executive for a coal mine must-- 24
(a) develop and maintain a management structure for the coal mine in 25
a way that allows development and implementation of the safety 26
and health management system; and 27
(b) document the management structure. 28
s 56 43 s 57
Coal Mining Safety and Health
Maximum penalty--40 penalty units. 1
(2) The document must state-- 2
(a) the responsibilities of the site senior executive; and 3
(b) the responsibilities and competencies required for senior positions 4
in the structure; and 5
(c) the names of the persons holding the senior positions and their 6
competencies. 7
Maximum penalty--40 penalty units. 8
(3) For subsection (2)(b), an inspector may by notice given to the site 9
senior executive declare a position to be a senior position. 10
of supervisors 11
Competencies
56. A site senior executive must not assign the tasks of a supervisor to a 12
person unless the person-- 13
(a) is competent to perform the task assigned; and 14
(b) if there is a safety and health competency for supervisors 15
recognised by the council, has the relevant competency. 16
Maximum penalty--100 penalty units. 17
of another site senior executive during temporary 18
Appointment
absence 19
57.(1) If the site senior executive for a coal mine is temporarily absent 20
from duty for more than 14 days, the coal mine operator for the mine must 21
appoint, in writing, a person to act as the site senior executive during the 22
absence. 23
Maximum penalty--100 penalty units. 24
(2) The person acting as the site senior executive is subject to all of the 25
obligations of a site senior executive. 26
s 58 44 s 60
Coal Mining Safety and Health
appointments during absences 1
Other
58.(1) This section applies if a person-- 2
(a) is mentioned in the management structure for a coal mine 3
documented under section 55; and 4
(b) actively supervises coal mine workers where there is a risk to the 5
workers; and 6
(c) is temporarily absent from duty. 7
(2) The site senior executive for the coal mine must appoint another 8
competent person to perform the person's duties while the person is absent. 9
Maximum penalty for subsection (2)--40 penalty units. 10
requirements for management of surface mines 11
Additional
59. A site senior executive must appoint a person holding an open cut 12
examiner's certificate of competency to carry out the responsibilities and 13
duties prescribed under a regulation in 1 or more surface mine excavations. 14
Maximum penalty--200 penalty units. 15
requirements for management of underground mines 16
Additional
60.(1) This section applies to an underground mine. 17
(2) The site senior executive must appoint a person to be underground 18
mine manager to control and manage the mine. 19
Maximum penalty--400 penalty units. 20
(3) However, the site senior executive may be appointed underground 21
mine manager by the coal mine operator for the mine. 22
(4) The site senior executive must appoint an alternate underground mine 23
manager if the mine is to be managed in accordance with a commute 24
system. 25
Maximum penalty--400 penalty units. 26
(5) The coal mine operator or site senior executive must not appoint a 27
person as an underground mine manager unless the person has a first class 28
certificate of competency for an underground coal mine. 29
s 61 45 s 61
Coal Mining Safety and Health
Maximum penalty--400 penalty units. 1
(6) A person must not give a direction to the underground mine manager 2
about a technical matter in relation to the underground mine unless the 3
person giving the direction is the holder of a first class certificate of 4
competency for an underground coal mine. 5
Maximum penalty--200 penalty units. 6
(7) A person must not give a direction to the underground mine manager 7
that may adversely affect safety and health at the underground mine. 8
Maximum penalty--200 penalty units. 9
(8) The underground mine manager must appoint a person holding a first 10
or second class certificate of competency or a deputy's certificate of 11
competency to be responsible for the control and management of 12
underground activities when the manager is not in attendance at the mine. 13
Maximum penalty--200 penalty units. 14
(9) The underground mine manager must appoint a person holding a first 15
or second class certificate of competency or a deputy's certificate of 16
competency to have control of activities in 1 or more explosion risk zones. 17
Maximum penalty--200 penalty units. 18
(10) The underground mine manager must appoint a person or persons 19
with appropriate competencies to control and manage the mechanical and 20
electrical engineering activities of the mine. 21
Maximum penalty--200 penalty units. 22
(11) A coal mine operator or site senior executive may appoint a person 23
as underground mine manager for more than 1 mine at the same time only 24
with the written approval of the chief inspector. 25
Maximum penalty--200 penalty units. 26
of ventilation officer 27
Appointment
61.(1) This section applies to an underground mine. 28
(2) The site senior executive must appoint an appropriate person as 29
ventilation officer for the mine. 30
Maximum penalty--200 penalty units. 31
s 61 46 s 61
Coal Mining Safety and Health
(3) The underground mine manager may be appointed ventilation officer. 1
(4) A person is an appropriate person to be appointed as ventilation 2
officer for the mine only if the person satisfies the following conditions-- 3
(a) the person has competencies recognised by the council as 4
appropriate for the duties and responsibilities of the position; 5
(b) on appointment, the person is directly responsible for the 6
implementation of the mine ventilation system and for the 7
establishment of effective standards of ventilation for the mine. 8
(5) If the ventilation officer is not the underground mine manager, 9
despite subsection (4)(b), the ventilation officer is subject to the direction 10
and control of the underground mine manager for the implementation of the 11
mine ventilation system and for the establishment of effective standards of 12
ventilation for the mine. 13
(6) If no other competent person has been appointed during a temporary 14
absence of the ventilation officer, the duties and responsibilities of the 15
ventilation officer are taken to be assumed by the underground mine 16
manager. 17
(7) An inspector may, by notice, require an underground mine manager 18
appointed as a ventilation officer to demonstrate to the inspector's 19
satisfaction that the mine manager can effectively carry out the duties of 20
both the underground mine manager and the ventilation officer. 21
(8) If an underground mine manager appointed as a ventilation officer is 22
unable to demonstrate to the inspector's satisfaction that the mine manager 23
can effectively carry out the duties of both positions, the inspector may give 24
a directive the inspector considers appropriate. 25
(9) The site senior executive must not appoint a person as ventilation 26
officer at more than 1 mine at the same time unless the chief inspector gives 27
the site senior executive notice that the chief inspector is satisfied the person 28
can effectively carry out the duties of a ventilation officer at the mines. 29
Maximum penalty for subsection (9)--200 penalty units. 30
s 62 47 s 62
Coal Mining Safety and Health
Division 3--Safety and health management systems 1
and health management system 2
Safety
62.(1) A safety and health management system for a coal mine is a 3
system that incorporates risk management elements and practices that 4
ensure safety and health of persons who may be affected by coal mining 5
operations. 6
(2) A safety and health management system must be an auditable 7
documented system that forms part of an overall management system that 8
includes organisational structure, planning activities, responsibilities, 9
practices, procedures, processes and resources for developing, 10
implementing, achieving, reviewing and maintaining a safety and health 11
policy. 12
(3) The safety and health management system must be adequate and 13
effective to achieve an acceptable level of risk by-- 14
(a) defining the coal mine operator's safety and health policy; and 15
(b) containing a plan to implement the coal mine operator's safety 16
and health policy; and 17
(c) stating how the coal mine operator intends to develop the 18
capabilities and support mechanisms necessary to achieve the 19
policy; and 20
(d) including principal hazard management plans and standard 21
operating procedures; and 22
(e) containing a way of-- 23
(i) measuring, monitoring and evaluating the performance of 24
the safety and health management system; and 25
(ii) taking the action necessary to prevent or correct matters that 26
do not conform with the safety and health management 27
system; and 28
(f) containing a plan to regularly review and continually improve the 29
safety and health management system so that risk to persons at 30
the coal mine is at an acceptable level; and 31
s 63 48 s 64
Coal Mining Safety and Health
(g) if there is a significant change to the coal mining operations of the 1
coal mine--containing a plan to immediately review the safety 2
and health management system so that risk to persons is at an 3
acceptable level. 4
(4) The site senior executive must make available for inspection, by coal 5
mine workers employed at the coal mine, a copy of the safety and health 6
management system. 7
Maximum penalty--100 penalty units. 8
(5) The site senior executive must give a copy of a principal hazard 9
management plan to a coal mine worker whose work at the coal mine is 10
affected by the requirements of the plan and who requests a copy of the 11
hazard management plan. 12
Maximum penalty--100 penalty units. 13
hazard management plan 14
Principal
63.(1) A principal hazard management plan must-- 15
(a) identify, analyse and assess risk associated with principal hazards; 16
and 17
(b) include standard operating procedures and other measures to 18
control risk. 19
(2) The site senior executive must give a copy of the principal hazard 20
management plan to a person that employs persons at the coal mine whose 21
work is affected by the plan's requirements. 22
Maximum penalty for subsection (2)--200 penalty units. 23
of principal hazard management plans and standard 24
Review
operating procedures 25
64.(1) This section applies if-- 26
(a) a safety and health management system has been developed for a 27
new coal mine; or 28
(b) it is proposed to change a safety and health management system 29
at an existing coal mine. 30
s 65 49 s 66
Coal Mining Safety and Health
(2) The site senior executive must review the principal hazard 1
management plans and standard operating procedures in consultation with 2
coal mine workers affected by the plans and operating procedures. 3
Maximum penalty--200 penalty units. 4
(3) The review under subsection (2) must take place-- 5
(a) for a new coal mine--as soon as practicable after the start of coal 6
mining operations; or 7
(b) for a change at an existing coal mine--before the change happens. 8
Division 4--Records and reporting 9
in management structure to be reported to an inspector 10
Changes
65. The site senior executive for a coal mine must give notice of any 11
change in the management structure at the mine to the inspector for the 12
region in which the mine is situated within 14 days after the change 13
happens. 14
Maximum penalty--50 penalty units. 15
structure to be recorded in the mine record 16
Management
66.(1) The site senior executive for a coal mine must enter in the mine 17
record details of-- 18
(a) the management structure and of the persons holding positions in 19
the structure at the mine; and 20
(b) changes to the management structure. 21
Maximum penalty--50 penalty units. 22
(2) The details must be entered within 7 days after the establishment of, 23
or changes to, the management structure. 24
s 67 50 s 67
Coal Mining Safety and Health
of coal mine workings 1
Plans
67.(1) A site senior executive for a coal mine must keep at the mine-- 2
(a) plans showing, as far as practicable-- 3
(i) the extent of the mine workings and the current position of 4
any part of the mine workings; and 5
(ii) for an underground mine, the significant topographical 6
features on the surface above the mine; and 7
(b) plans showing the extent of mining undertaken at or near the 8
mine; and 9
(c) information likely to be required to evaluate the effect of the mine 10
on-- 11
(i) the safety of adjoining coal mines; and 12
(ii) any potential uncontrolled flow of material into the mine 13
workings; and 14
(d) information likely to be required to evaluate the effect of any 15
adjoining mine on the safety of the mine. 16
Maximum penalty--100 penalty units. 17
(2) A site senior executive for a coal mine must produce to the chief 18
inspector, before 31 December each year, plans showing the extent of the 19
mine workings. 20
Maximum penalty--100 penalty units. 21
(3) Also, a site senior executive for a coal mine, if asked by an inspector, 22
inspection officer or industry safety and health representative, must produce 23
to the inspector, officer or representative plans showing the extent of the 24
mine workings or the current position of any part of the mine workings and 25
the information mentioned in subsection (1)(c) and (d). 26
Maximum penalty--100 penalty units. 27
s 68 51 s 68
Coal Mining Safety and Health
(4) If a coal mine is abandoned, the person who was the coal mine 1
operator for the mine immediately before the abandonment must, within 14 2
days after the abandonment, give the chief inspector plans showing the 3
extent of mining undertaken at the mine.12 4
Maximum penalty--200 penalty units. 5
(5) A site senior executive of a mine must, as soon as reasonably 6
practicable, provide information mentioned in subsection (1)(c) or (d) to the 7
site senior executive of an adjoining mine-- 8
(a) if asked by the site senior executive of the adjoining mine; or 9
(b) if the information is relevant to the safety of the adjoining mine. 10
Maximum penalty--100 penalty units. 11
(6) The accuracy of the plans mentioned in this section must be certified 12
by a person competent in mining surveying. 13
(7) A reference in this section to plans is a reference to plans as certified 14
under subsection (6). 15
record 16
Mine
68.(1) A coal mine operator for a coal mine must keep a mine record that 17
includes-- 18
(a) all reports of, and findings and recommendations resulting from 19
inspections, investigations and audits carried out at the mine 20
under this Act; and 21
(b) all directives issued under this Act to the coal mine operator and 22
the operator's agents or representatives; and 23
(c) a record of all remedial actions taken as a result of directives 24
issued under this Act; and 25
(d) a record of and reports about all serious accidents and high 26
potential incidents that have happened at the mine; and 27
(e) all other reports or information that may be prescribed under a 28
regulation for this section. 29
12 The plans given to the chief inspector form part of the records under section 280.
s 69 52 s 70
Coal Mining Safety and Health
Maximum penalty--200 penalty units. 1
(2) For subsection (1), a matter must be kept in the mine record for 2
7 years after the matter is included in the record. 3
(3) Subsection (2) applies whether the matter was included under this 4
Act or the repealed Coal Mining Act 1925. 5
(4) The coal mine operator must ensure the mine record, relating to the 6
previous 6 months at least, is available at all reasonable times for inspection 7
by coal mine workers at the mine. 8
Maximum penalty--200 penalty units. 9
(5) A person must not destroy, deface or alter the mine record so that it is 10
no longer a correct and complete record. 11
Maximum penalty--400 penalty units. 12
of reports and directives 13
Display
69. The site senior executive for a coal mine must display a copy of 14
current directives and reports of inspections carried out at the mine under 15
this Act in 1 or more conspicuous positions at the mine in a way likely to 16
come to the attention of coal mine workers at the mine affected by the 17
directive or report. 18
Maximum penalty--100 penalty units. 19
5--Protection of abandoned coal mines 20
Division
for protecting abandoned coal mines 21
Responsibility
70.(1) If a coal mine is abandoned, the person who was the coal mine 22
operator for the mine immediately before the abandonment must ensure at 23
the time of abandonment that the abandoned coal mine is safe and made 24
secure. 25
Maximum penalty--800 penalty units. 26
(2) If the coal mine operator does not comply with subsection (1), the 27
holder for the coal mine must ensure the abandoned coal mine is safe and 28
made secure. 29
s 71 53 s 72
Coal Mining Safety and Health
Maximum penalty--800 penalty units. 1
(3) Without limiting subsection (1) or (2), while the holder is the holder 2
for the coal mine the holder must ensure the mine is safe and made secure. 3
Maximum penalty--800 penalty units. 4
(4) If an abandoned coal mine is not safe and made secure, the chief 5
executive may make it safe and secure and recover the cost of making it 6
safe and secure from the person with the obligation to ensure the mine is 7
safe and made secure. 8
(5) A conviction under this section, with or without penalty, does not 9
affect the chief executive's ability to recover the cost of making the mine 10
safe and secure. 11
PART 5--RECOGNISED STANDARDS 12
of recognised standards 13
Purpose
71. A standard may be made for safety and health (a "recognised 14
standard") stating ways to achieve an acceptable level of risk to persons 15
arising out of coal mining operations. 16
standards 17
Recognised
72.(1) The Minister may make recognised standards. 18
(2) The Minister must notify the making of a recognised standard by 19
gazette notice. 20
(3) The chief executive must keep a copy of each recognised standard 21
and any document applied, adopted or incorporated by the standard 22
available for inspection, without charge, during normal business hours at 23
each department office dealing with safety and health. 24
(4) The chief executive, on payment by a person of a reasonable fee 25
decided by the chief executive, must give a copy of a recognised standard to 26
the person. 27
s 73 54 s 75
Coal Mining Safety and Health
of recognised standards in proceedings 1
Use
73. A recognised standard is admissible in evidence in a proceeding 2
under this Act if-- 3
(a) the proceeding relates to a contravention of a safety and health 4
obligation imposed on a person under part 3; and 5
(b) it is claimed that the person contravened the obligation by failing 6
to achieve an acceptable level of risk; and 7
(c) the recognised standard is about achieving an acceptable level of 8
risk. 9
PART 6--INDUSTRY CONSULTATIVE 10
ARRANGEMENTS 11
Division 1--Purposes of part 12
urposes of pt 6 13
P
74. The main purposes of this part are to provide for the establishment of 14
a coal mining safety and health advisory council and to state its functions. 15
2--Coal mining safety and health advisory council and its 16
Division
functions 17
mining safety and health advisory council 18
Coal
75. The coal mining safety and health advisory council (the "council") is 19
established. 20
s 76 55 s 76
Coal Mining Safety and Health
of council 1
Functions
76.(1) The primary function of the council is to give advice and make 2
recommendations to the Minister about promoting and protecting the safety 3
and health of persons at coal mines. 4
(2) Without limiting subsection (1), the council must discharge its 5
primary function by-- 6
(a) periodically reviewing-- 7
(i) the effectiveness of this Act, regulations and recognised 8
standards; and 9
(ii) the effectiveness of the control of risk to any person from 10
coal mining operations; and 11
(b) within 3 years after the commencement, reviewing the 12
effectiveness of the board of examiners and the need for the 13
continuation of its functions. 14
(3) The council also has the function of recognising, establishing and 15
publishing-- 16
(a) the competencies accepted by it as qualifying a person to perform 17
the tasks prescribed under a regulation; or 18
(b) the safety and health competencies required to perform the duties 19
of a person under this Act. 20
(4) In periodically reviewing effectiveness under subsection (2), the 21
council must have regard to the following-- 22
(a) the risk management performance of the coal mining industry; 23
(b) the appropriateness of recognised standards; 24
(c) education, training, and standards of competency within the coal 25
mining industry; 26
(d) the implementation of recommendations from inspectors' 27
investigations, coroners' inquests, boards of inquiry, and other 28
sources; 29
(e) the promotion of community knowledge and awareness of safety 30
and health in the coal mining industry; 31
(f) any other matter referred to it by the Minister. 32
s 77 56 s 80
Coal Mining Safety and Health
report 1
Annual
77.(1) As soon as practicable, but within 4 months, after the end of each 2
financial year, the council must prepare and give to the Minister a report on 3
the council's operations for the year. 4
(2) The Minister must table a copy of the report in the Legislative 5
Assembly within 14 sitting days after receiving it. 6
Division 3--Membership and conduct of council proceedings 7
of council 8
Membership
78.(1) The council is to consist of 9 members, 1 of whom is the 9
chairperson. 10
(2) The chairperson must be an inspector appointed by the Minister as 11
the chairperson. 12
to submit names to Minister 13
Organisations
79.(1) The following organisations, within 1 month of being asked to do 14
so by the Minister, may submit a panel of names of individuals experienced 15
in coal mining operations the organisations nominate to be members of the 16
council-- 17
(a) industrial organisations representing coal mine operators; 18
(b) industrial organisations representing coal mine workers. 19
(2) Only 1 panel may be submitted by all industrial organisations 20
representing coal mine operators. 21
(3) Only 1 panel may be submitted by all industrial organisations 22
representing coal mine workers. 23
(4) Each panel must include 4 or more names. 24
of members 25
Appointment
80.(1) The Minister must appoint 3 persons from each panel to be 26
members of the council. 27
s 81 57 s 82
Coal Mining Safety and Health
(2) One of the persons appointed from the panel submitted by industrial 1
organisations representing coal mine workers must be a member of the 2
industrial organisation that represents the majority of the coal mine workers 3
in Queensland. 4
(3) The Minister must appoint 2 inspectors to be members of the council, 5
in addition to the inspector appointed to be chairperson. 6
(4) The Minister may appoint a person to be a member only if the person 7
is experienced in coal mining operations. 8
(5) In selecting a person for appointment to the council, the Minister 9
must also consider the following in relation to the person-- 10
(a) breadth of experience in the coal mining industry; 11
(b) demonstrated commitment to promoting safety and health 12
standards in the coal mining industry; 13
(c) practical knowledge of the coal mining industry and of relevant 14
legislation. 15
(6) If a panel of names is not submitted to the Minister within the stated 16
time, the Minister may appoint 3 persons the Minister considers appropriate 17
to be members of the council. 18
(7) The members who are not inspectors must be appointed under this 19
Act and not under the Public Service Act 1996. 20
of appointment 21
Duration
81.(1) A member of the council, other than the chairperson, may be 22
appointed by the Minister for a term of not more than 3 years. 23
(2) A person, other than the chairperson, may not be a member of the 24
council for more than 8 consecutive years. 25
(3) The chairperson may be appointed for the term the Minister considers 26
appropriate. 27
of appointment 28
Conditions
82.(1) A member of the council is entitled to the remuneration and 29
allowances that are decided by the Governor in Council. 30
s 83 58 s 86
Coal Mining Safety and Health
(2) A member holds office on the conditions not provided by this Act 1
that are decided by the Governor in Council. 2
ceasing as member 3
Member
83. The office of a member of the council becomes vacant if the 4
member-- 5
(a) finishes a term of office and is not reappointed; or 6
(b) resigns by notice of resignation given to the Minister; or 7
(c) is absent from 3 consecutive meetings of the council without 8
leave of the council and without reasonable excuse; or 9
(d) is removed from office by the Minister for any reason or none. 10
and places of council meetings 11
Times
84.(1) The council may hold its meetings at the times and places it 12
decides. 13
(2) However, the council must meet at least twice a year. 14
(3) The chairperson-- 15
(a) may call a meeting of the council at any time; and 16
(b) must call a meeting if asked by at least 4 members. 17
(4) Also, the Minister may call a meeting of the council at any time. 18
at meetings of the council 19
Presiding
85.(1) The chairperson must preside at all meetings of the council at 20
which the chairperson is present. 21
(2) In the absence of the chairperson, an inspector nominated by the 22
chairperson presides. 23
and voting at meetings of the council 24
Quorum
86.(1) At a meeting of the council-- 25
(a) 4 members constitute a quorum; and 26
s 87 59 s 89
Coal Mining Safety and Health
(b) a question must be decided by a majority of the votes of the 1
members present and voting; and 2
(c) each member present has a vote on each question to be decided 3
and, if the votes are equal, the member presiding also has a 4
casting vote. 5
(2) A quorum must include-- 6
(a) a member who represents coal mine operators; and 7
(b) a member who represents coal mine workers; and 8
(c) a member who represents inspectors. 9
to Minister if vote not unanimous 10
Recommendation
87.(1) If the council gives advice or makes a recommendation to the 11
Minister about a matter, the council must advise the Minister whether the 12
council's decision about the matter was unanimous. 13
(2) If the decision was not unanimous, the council must advise the 14
Minister of the views of the minority. 15
part in meetings by telephone etc. 16
Taking
88.(1) The council may permit members to take part in a particular 17
meeting, or all meetings, by any technology permitting contemporaneous 18
communication with other council members. 19
(2) A member who takes part in a meeting of the council under a 20
permission under subsection (1) is taken to be present at the meeting. 21
without meetings 22
Resolutions
89.(1) If at least 6 members of the council sign a document containing a 23
statement that they are in favour of a resolution stated in the document, the 24
resolution is taken to have been passed at a meeting of the council held on 25
the day when the last of the members signing the document signs the 26
document. 27
(2) However, the 6 members must include-- 28
(a) a member who represents coal mine operators; and 29
s 90 60 s 92
Coal Mining Safety and Health
(b) a member who represents coal mine workers; and 1
(c) a member who represents inspectors. 2
(3) If a resolution is, under subsection (1), taken to have been passed at a 3
council meeting, each member must be advised immediately of the matter 4
and be given a copy of the terms of the resolution. 5
(4) For subsection (1), 2 or more separate documents containing a 6
statement in identical terms, each of which is signed by 1 or more 7
members, are taken to be a single document. 8
by the council 9
Minutes
90. The council must keep minutes of its proceedings. 10
11
Committees
91. The council may appoint committees to advise it on a particular issue. 12
ART 7--SITE SAFETY AND HEALTH 13
P
REPRESENTATIVES 14
Division 1--Purposes of part 15
urposes of pt 7 16
P
92. The main purposes of this part are to provide for the election of site 17
safety and health representatives and to state their functions and powers. 18
s 93 61 s 94
Coal Mining Safety and Health
Division 2--Site safety and health representatives 1
of site safety and health representatives 2
Election
93.(1) The coal mine workers at a coal mine may elect up to 2 of their 3
number to be site safety and health representatives for the mine for the term 4
decided by the coal mine workers. 5
(2) If there is more than 1 site senior executive at a coal mine, the coal 6
mine workers in each part of the mine for which a site senior executive has 7
responsibility may elect 2 coal mine workers to be site safety and health 8
representatives for each part for the term decided by the coal mine workers. 9
(3) A person elected under subsection (1) or (2), becomes a site safety 10
and health representative only if the person holds the appropriate safety and 11
health competencies accepted by the council for a site safety health 12
representative.13 13
(4) When performing functions or exercising powers under this part, a 14
site safety and health representative is taken to be performing part of the 15
coal mine worker's duties as a coal mine worker. 16
election if site safety and health representative not available 17
Further
94.(1) If a site safety and health representative is not available when a 18
coal mine operation is considered unsafe by affected coal mine workers, 19
coal mine workers at the mine or part of the mine may elect 2 coal mine 20
workers who are practical miners to inspect the coal mining operation. 21
(2) A person elected under subsection (1) is taken to be a site safety and 22
health representative for the period-- 23
(a) a site safety and health representative is not available; and 24
(b) the coal mining operation is considered unsafe by affected coal 25
mine workers. 26
13 The council has a function for establishing and publishing these
competencies--see section 76 (Functions of council).
s 95 62 s 98
Coal Mining Safety and Health
must be qualified to act as site safety and health representative 1
Person
95.(1) A person must not act as a site safety and health representative 2
unless the person holds the competencies mentioned in section 93(3). 3
Maximum penalty--40 penalty units. 4
(2) Subsection (1) does not apply to a person elected under section 94. 5
(3) A site safety and health representative must perform the functions 6
and exercise the powers of a site safety and health representative under this 7
Act for safety and health purposes and for no other purpose. 8
Maximum penalty for subsection (3)--40 penalty units. 9
to be a site safety and health representative 10
Ceasing
96. A coal mine worker stops being a site safety and health representative 11
if the worker-- 12
(a) tells the site senior executive that the worker resigns as site safety 13
and health representative; or 14
(b) stops being a worker at the mine. 15
from office 16
Removal
97.(1) The Minister may remove a site safety and health representative 17
from office by notice if the Minister considers the representative is not 18
performing the representative's functions satisfactorily. 19
(2) The notice must contain the Minister's reasons for removing the site 20
safety and health representative from office. 21
after removal from office 22
Election
98. If a site safety and health representative is removed from office by 23
the Minister, another site safety and health representative may be elected 24
under this division. 25
(2) However, another person must not be elected to be a site safety and 26
health representative until after-- 27
s 99 63 s 99
Coal Mining Safety and Health
(a) the time for filing an appeal under part 14, division 1 has ended; 1
or 2
(b) if an appeal against the Minister's decision has been filed--an 3
Industrial Magistrate's Court has confirmed the Minister's 4
decision to remove the site safety and health representative. 5
(3) The provisions of this division apply to the election. 6
of site safety and health representatives 7
Functions
99.(1) A site safety and health representative for a coal mine has the 8
following functions-- 9
(a) to inspect the coal mine to assess whether the level of risk to coal 10
mine workers is at an acceptable level; 11
(b) to review procedures in place at the coal mine to control the risk 12
to coal mine workers so that it is at an acceptable level; 13
(c) to detect unsafe practices and conditions at the coal mine and to 14
take action to ensure the risk to coal mine workers is at an 15
acceptable level; 16
(d) to investigate complaints from coal mine workers at the mine 17
regarding safety or health. 18
(2) The site senior executive and supervisors at the coal mine must give 19
reasonable help to a site safety and health representative in carrying out the 20
representative's functions. 21
Maximum penalty--40 penalty units. 22
(3) The site senior executive or the site senior executive's representative 23
may accompany the site safety and health representative during an 24
inspection. 25
(4) A site safety and health representative who makes an inspection of 26
the coal mine must-- 27
(a) make a written report on the inspection; and 28
(b) give a copy of the report to the site senior executive; and 29
(c) if the inspection indicates the existence or possible existence of 30
danger, immediately-- 31
s 100 64 s 100
Coal Mining Safety and Health
(i) notify the site senior executive or the responsible supervisor; 1
and 2
(ii) send a copy of the report to an inspector. 3
(5) If a site safety and health representative believes a safety and health 4
management system is inadequate or ineffective, the representative must 5
inform the site senior executive. 6
(6) If the site safety and health representative is not satisfied the site 7
senior executive is taking the action necessary to make the safety and health 8
management system adequate and effective, the representative must advise 9
an inspector.14 10
(7) The inspector must investigate the matter and report the results of the 11
investigation in the mine record. 12
of site safety and health representative 13
Powers
100. A site safety and health representative for a coal mine has the 14
following powers-- 15
(a) to enter any area of the coal mine at any time to carry out the 16
functions of the site safety and health representative, if reasonable 17
notice is given to the site senior executive or the site senior 18
executive's representative; 19
(b) to examine any documents relevant to safety and health held by 20
the site senior executive under this Act, if the site safety and 21
health representative has reason to believe the documents contain 22
information required to assess whether procedures are in place at 23
the coal mine to achieve an acceptable level of risk to the coal 24
mine workers. 25
14 Under section 97, the Minister may remove the site safety and health
representative from office if the Minister considers the representative as not
performing the representative's functions satisfactorily.
s 101 65 s 103
Coal Mining Safety and Health
of operations by site safety and health representatives 1
Stopping
101.(1) This section applies if a site safety and health representative 2
reasonably believes a danger to the safety or health of coal mine workers 3
exists because of coal mining operations. 4
(2) The safety and health representative may, by written report to the site 5
senior executive stating the reasons for the representative's belief, order the 6
suspension of coal mining operations. 7
(3) If the site safety and health representatives reasonably believes there 8
is immediate danger to the safety and health of coal mine workers from coal 9
mining operations, the representative may-- 10
(a) stop the operations and immediately advise the supervisor in 11
charge of the operations; or 12
(b) require the supervisor in charge of the operations to stop the 13
operations. 14
(4) The site safety and health representative must give a written report to 15
the site senior executive about the action taken under subsection (3) and the 16
reasons for the action. 17
of report 18
Effect
102. If the site senior executive receives a report under section 101(2), 19
the site senior executive must stop the coal mining operations mentioned in 20
the report. 21
Maximum penalty--200 penalty units. 22
senior executive not to restart operations until risk at an 23
Site
acceptable level 24
103. The site senior executive must ensure that the coal mining 25
operations stopped under section 101 are not restarted until the risk to coal 26
mine workers from the operations is at an acceptable level. 27
Maximum penalty--200 penalty units. 28
s 104 66 s 106
Coal Mining Safety and Health
safety and health representative not to unnecessarily impede 1
Site
production 2
104. A site safety and health representative must not unnecessarily 3
impede production at a coal mine when exercising the representative's 4
powers or performing the representative's functions. 5
Maximum penalty--200 penalty units. 6
of site safety and health representatives performing 7
Protection
functions 8
105. A coal mine operator, site senior executive, contractor or other 9
supervisor must not-- 10
(a) prevent or attempt to prevent a site safety and health 11
representative from performing his or her functions; or 12
(b) penalise a safety and health representative for performing his or 13
her functions. 14
Maximum penalty--200 penalty units. 15
senior executive to tell site safety and health representatives about 16
Site
certain things 17
106.(1) A site senior executive for a coal mine must tell a site safety and 18
health representative at the mine about the following things-- 19
(a) an injury or illness to a person from coal mining operations that 20
causes an absence from work of the person; 21
(b) a high potential incident happening at the coal mine; 22
(c) any proposed changes to the coal mine, or plant or substances 23
used at the coal mine, that affect, or may affect, the safety and 24
health of persons at the mine; 25
(d) the presence of an inspector or inspection officer at the coal mine 26
if the representative is at the mine; 27
(e) a directive given by an inspector, inspection officer or industry 28
safety and health representative about a matter. 29
Maximum penalty--40 penalty units. 30
s 107 67 s 108
Coal Mining Safety and Health
(2) For subsection (1), the site senior executive must tell each 1
representative as soon as practicable after the thing comes to the site senior 2
executive's knowledge. 3
senior executive to display identity of site safety and health 4
Site
representatives 5
107.(1) A site senior executive for a coal mine must display a notice as 6
required by subsections (2) and (3) advising the identity of each site safety 7
and health representative for the mine. 8
Maximum penalty--40 penalty units. 9
(2) The site senior executive must display the notice within 5 days after 10
the site senior executive is notified of the representative's election. 11
(3) The site senior executive must display the notice in 1 or more 12
conspicuous positions at the mine in a way likely to come to the attention of 13
workers at the mine. 14
PART 8--INDUSTRY SAFETY AND HEALTH 15
REPRESENTATIVES 16
Division 1--Purposes of part 17
urposes of pt 8 18
P
108. The main purposes of this part are to provide for the appointment of 19
industry safety and health representatives and to state their functions and 20
powers. 21
s 109 68 s 113
Coal Mining Safety and Health
2--Industry safety and health representatives 1
Division
of industry safety and health representatives 2
Appointment
109.(1) The union may, after a ballot of its members, appoint up to 3
3 persons to be industry safety and health representatives. 4
(2) The persons appointed must be holders of a first or second class 5
certificate of competency or a deputy's certificate of competency. 6
(3) The appointment must be for 4 years. 7
safety and health representative to work full-time 8
Industry
110. An industry safety and health representative must work full-time in 9
that capacity performing the functions of an industry safety and health 10
representative. 11
of industry safety and health representative 12
Funding
111. The union must fund the industry safety and health representative 13
for the representative's term as industry safety and health representative. 14
of appointment 15
Termination
112.(1) The Minister may end the appointment of an industry safety and 16
health representative by notice if the Minister considers the representative is 17
not performing the representative's functions satisfactorily. 18
(2) The notice must contain the Minister's reasons for ending the 19
appointment of the industry safety and health representative. 20
after termination 21
Appointment
113.(1) If a person's appointment as industry safety and health 22
representative is ended by the Minister, the union may appoint another 23
person to be industry safety and health representative. 24
(2) However, the union must not appoint another person to be an 25
industry safety and health representative unless-- 26
s 114 69 s 116
Coal Mining Safety and Health
(a) the time for filing an appeal under part 14, division 1 has ended; 1
or 2
(b) if an appeal against the Minister's decision has been filed, an 3
Industrial Magistrate's Court has confirmed the Minister's 4
decision to end the appointment of the industry safety and health 5
representative. 6
(3) The provisions of this division about appointment apply to the 7
appointment. 8
of temporary vacancy 9
Filling
114.(1) If a person is temporarily unable to perform the functions of an 10
industry safety and health representative, the union may appoint a substitute 11
for the period the person is unable to perform the functions. 12
(2) The provisions of this division about appointment apply to the 13
appointment. 14
generally 15
Vacancy
115. The position of industry safety and health representative becomes 16
vacant if the representative-- 17
(a) finishes a term and is not reappointed; or 18
(b) resigns by notice of resignation given to the Minister; or 19
(c) has the representative's appointment terminated by the Minister. 20
not to pretend to be industry safety and health 21
Persons
representatives if not appointed 22
116. A person not appointed as an industry safety and health 23
representative must not pretend to be an industry safety and health 24
representative. 25
Maximum penalty--40 penalty units. 26
s 117 70 s 118
Coal Mining Safety and Health
safety and health representative restricted to safety and 1
Industry
health purposes 2
117. An industry safety and health representative must not perform a 3
function or exercise a power of an industry safety and health representative 4
under this Act for a purpose other than a safety and health purpose. 5
Maximum penalty--40 penalty units. 6
of industry safety and health representatives 7
Functions
118.(1) An industry safety and health representative has the following 8
functions-- 9
(a) to inspect coal mines to assess whether the level of risk to the 10
safety and health of coal mine workers is at an acceptable level; 11
(b) to review procedures in place at coal mines to control the risk to 12
safety and health of coal mine workers so that it is at an 13
acceptable level; 14
(c) to detect unsafe practices and conditions at coal mines and to take 15
action to ensure the risk to the safety and health of coal mine 16
workers is at an acceptable level; 17
(d) to participate in investigations into serious accidents and high 18
potential incidents and other matters related to safety or health at 19
coal mines; 20
(e) to investigate complaints from coal mine workers regarding 21
safety or health at coal mines; 22
(f) to help in relation to initiatives to improve safety or health at coal 23
mines. 24
(2) The following persons may accompany the industry safety and health 25
representative during an inspection-- 26
(a) the site senior executive or a person representing the site senior 27
executive; 28
(b) a site safety and health representative or a person representing the 29
site safety and health representative. 30
s 119 71 s 119
Coal Mining Safety and Health
of industry safety and health representatives 1
Powers
119.(1) An industry safety and health representative has the following 2
powers-- 3
(a) to make inquiries about the operations of coal mines relevant to 4
the safety or health of coal mine workers; 5
(b) to enter any part of a coal mine at any time to carry out the 6
representative's functions, if reasonable notice of the proposed 7
entry is given to the site senior executive or the site senior 8
executive's representative; 9
(c) to examine any documents relevant to safety and health held by 10
persons with obligations under this Act, if the representative has 11
reason to believe the documents contain information required to 12
assess whether procedures are in place at a coal mine to achieve 13
an acceptable level of risk to coal mine workers; 14
(d) to copy safety and health management system documents, 15
including principal hazard management plans, standard operating 16
procedures and training records; 17
(e) to require the person in control or temporarily in control of a coal 18
mine to give the representative reasonable help in the exercise of a 19
power under paragraphs (a) to (d); 20
(f) to issue a directive under section 167.15 21
(2) A person in control or temporarily in control of a coal mine required 22
to help the industry safety and health representative under subsection (1)(e) 23
must comply with the requirement, unless the person has a reasonable 24
excuse. 25
Maximum penalty--100 penalty units. 26
(3) If the industry safety and health representative requires access to 27
documents for subsection (1)(c), a person with an obligation under the Act 28
with access to the documents must produce them as soon as reasonably 29
practicable after being asked, unless the person has a reasonable excuse. 30
Maximum penalty--100 penalty units. 31
15 Section 167 (Directive to suspend operations for unacceptable level of risk)
s 120 72 s 122
Coal Mining Safety and Health
safety and health representative not to unnecessarily impede 1
Industry
production 2
120. An industry safety and health representative must not unnecessarily 3
impede production at a coal mine when exercising the representative's 4
powers or performing the representative's functions. 5
Maximum penalty--100 penalty units. 6
or ineffective safety and health management systems 7
Inadequate
121.(1) If an industry safety and health representative believes a safety 8
and health management system is inadequate or ineffective, the 9
representative must advise the site senior executive stating the reasons for 10
the representative's belief. 11
(2) If the industry safety and health representative is not satisfied the site 12
senior executive is taking the action necessary to make the safety and health 13
management system adequate and effective, the representative must advise 14
an inspector. 15
(3) The inspector must investigate the matter and report the results of the 16
investigation in the mine record. 17
cards 18
Identity
122.(1) The chief executive must give each industry safety and health 19
representative an identity card. 20
(2) The identity card must-- 21
(a) contain a recent photograph of the representative; and 22
(b) be signed by the representative; and 23
(c) identify the person as an industry safety and health representative 24
under this Act. 25
s 123 73 s 125
Coal Mining Safety and Health
to return identity card 1
Failure
123. A person who ceases to be an industry safety and health 2
representative must return the person's identity card to the chief executive as 3
soon as practicable, but within 21 days, after ceasing to be an industry 4
safety and health representative, unless the person has a reasonable excuse. 5
Maximum penalty--40 penalty points. 6
or display of identity card 7
Production
124.(1) An industry safety and health representative may exercise a 8
power in relation to another person only if the representative-- 9
(a) first produces the representative's identity card for the other 10
person's inspection; or 11
(b) has the identity card displayed so it is clearly visible to the other 12
person. 13
(2) However, if for any reason it is not practicable to comply with 14
subsection (1) before exercising the power, the industry safety and health 15
representative must produce the identity card for the other person's 16
inspection at the first reasonable opportunity. 17
PART 9--INSPECTORS AND INSPECTION 18
OFFICERS AND DIRECTIVES 19
Division 1--Inspectors and inspection officers 20
ppointments 21
A
125.(1) The chief executive must appoint officers or employees of the 22
public service as inspectors or inspection officers. 23
(2) The chief executive must appoint an inspector to be chief inspector of 24
coal mines. 25
s 126 74 s 128
Coal Mining Safety and Health
for appointment as inspector 1
Qualifications
126. The chief executive may appoint a person as an inspector only if the 2
chief executive considers the person has-- 3
(a) a professional engineering qualification relevant to coal mining 4
operations from an Australian university or an equivalent 5
qualification; and 6
(b) appropriate competencies, and adequate experience, at senior level 7
in mining operations, to effectively perform an inspector's 8
functions under this Act. 9
for appointment as inspection officer 10
Qualifications
127. The chief executive may appoint a person as an inspection officer 11
only if the chief executive considers the person has appropriate 12
competencies, or other adequate experience, to effectively perform an 13
inspection officer's functions under this Act. 14
of inspectors and inspection officers 15
Functions
128. Inspectors and inspection officers have the following functions-- 16
(a) to enforce this Act; 17
(b) to monitor safety and health performance at coal mines; 18
(c) to inspect and audit coal mines to assess whether risk to persons 19
is at an acceptable level; 20
(d) to help persons to achieve the purposes of this Act by providing 21
advice and information on how the purposes are to be achieved; 22
(e) to check that safety and health management systems and 23
procedures are in place to control risk to persons affected by coal 24
mining operations; 25
(f) to provide the advice and help that may be required from time to 26
time during emergencies at coal mines that may affect the safety 27
or health of persons; 28
s 129 75 s 131
Coal Mining Safety and Health
(g) if unsafe practices or conditions at coal mines are detected, to 1
ensure timely corrective or remedial action is being taken and, if 2
not, require it to be taken; 3
(h) to investigate serious accidents and high potential incidents and 4
other matters at coal mines that affect the successful management 5
of risk to persons; 6
(i) to investigate complaints about matters relating to safety or health 7
resulting from coal mining operations. 8
functions of inspectors 9
Further
129. Inspectors have the following additional functions-- 10
(a) to advise the chief inspector on safety and health at coal mines; 11
(b) to make recommendations to the chief inspector about 12
prosecutions under this Act. 13
cards 14
Identity
130.(1) The chief executive must give each inspector and inspection 15
officer an identity card. 16
(2) The identity card must-- 17
(a) contain a recent photograph of the inspector or inspection officer; 18
and 19
(b) be signed by the inspector or inspection officer; and 20
(c) identify the person as an inspector or inspection officer under this 21
Act. 22
to return identity card 23
Failure
131. A person who ceases to be an inspector or inspection officer must 24
return the person's identity card to the chief executive as soon as practicable, 25
but within 21 days, after ceasing to be an inspector or inspection officer, 26
unless the person has a reasonable excuse. 27
Maximum penalty--40 penalty points. 28
s 132 76 s 133
Coal Mining Safety and Health
or display of identity card 1
Production
132.(1) An inspector or inspection officer may exercise a power in 2
relation to another person only if the inspector or inspection officer-- 3
(a) first produces the inspector's or inspection officer's identity card 4
for the other person's inspection; or 5
(b) has the identity card displayed so it is clearly visible to the other 6
person. 7
(2) However, if for any reason it is not practicable to comply with 8
subsection (1) before exercising the power, the inspector or inspection 9
officer must produce the identity card for the other person's inspection at 10
the first reasonable opportunity. 11
2--Powers of inspectors and inspection officers 12
Division
1--Power to enter places 13
Subdivision
to places 14
Entry
133.(1) An inspector or inspection officer may enter a place if-- 15
(a) its occupier consents to the entry; or 16
(b) it is a public place and the entry is made when it is open to the 17
public; or 18
(c) the entry is authorised by a warrant; or 19
(d) it is a coal mine; or 20
(e) it is a workplace under the control of a person who has an 21
obligation under this Act and is-- 22
(i) open for carrying on business; or 23
(ii) otherwise open for entry. 24
(2) For the purpose of asking the occupier of a place for consent to enter, 25
an inspector or inspection officer may, without the occupier's consent or a 26
warrant-- 27
s 134 77 s 134
Coal Mining Safety and Health
(a) enter land around premises at the place to an extent that is 1
reasonable to contact the occupier; or 2
(b) enter part of the place the inspector or inspection officer 3
reasonably considers members of the public ordinarily are 4
allowed to enter when they wish to contact the occupier. 5
(3) For subsection (1)(e), a workplace does not include a part of the place 6
where a person resides. 7
(4) An inspector or inspection officer who enters a coal mine or 8
workplace must not unnecessarily impede production. 9
(5) In this section-- 10
"workplace" means a workplace to which the Workplace Health and 11
Safety Act 1995 applies. 12
Subdivision 2--Procedure for entry 13
to entry 14
Consent
134.(1) This section applies if an inspector or inspection officer intends 15
to ask an occupier of a place to consent to the inspector or inspection officer 16
or another inspector or inspection officer entering the place. 17
(2) Before asking for the consent, the inspector or inspection officer must 18
tell the occupier-- 19
(a) the purpose of the entry; and 20
(b) that the occupier is not required to consent. 21
(3) If the consent is given, the inspector or inspection officer may ask the 22
occupier to sign an acknowledgment of the consent. 23
(4) The acknowledgment must state-- 24
(a) the occupier has been told-- 25
(i) the purpose of the entry; and 26
(ii) that the occupier is not required to consent; and 27
(b) the purpose of the entry; and 28
s 135 78 s 136
Coal Mining Safety and Health
(c) the occupier gives the inspector or inspection officer consent to 1
enter the place and exercise powers under this part; and 2
(d) the time and date the consent was given. 3
(5) If the occupier signs an acknowledgment, the inspector or inspection 4
officer must immediately give a copy to the occupier. 5
(6) A court must find the occupier did not consent to an inspector or 6
inspection officer entering the place under this part if-- 7
(a) an issue arises in a proceeding before the court whether the 8
occupier of a place consented to the entry; and 9
(b) an acknowledgment is not produced in evidence for the entry; and 10
(c) it is not proved by the person relying on the lawfulness of the 11
entry that the occupier consented to the entry. 12
for warrant 13
Application
135.(1) An inspector may apply to a magistrate for a warrant for a place. 14
(2) The application must be sworn and state the grounds on which the 15
warrant is sought. 16
(3) The magistrate may refuse to consider the application until the 17
inspector gives the magistrate all the information the magistrate requires 18
about the application in the way the magistrate requires. 19
20
Example--
21
The magistrate may require additional information supporting the application to
22
be given by statutory declaration.
of warrant 23
Issue
136.(1) The magistrate may issue a warrant only if the magistrate is 24
satisfied there are reasonable grounds for suspecting-- 25
(a) there is a particular thing or activity (the "evidence") that may 26
provide evidence of an offence against this Act; and 27
(b) the evidence is at the place, or may be at the place, within the next 28
7 days. 29
s 137 79 s 137
Coal Mining Safety and Health
(2) The warrant must state-- 1
(a) that a stated inspector may, with necessary and reasonable help 2
and force-- 3
(i) enter the place and any other place necessary for entry; and 4
(ii) exercise the inspector's powers under this part; and 5
(b) the offence for which the warrant is sought; and 6
(c) the evidence that may be seized under the warrant; and 7
(d) the hours of the day or night when the place may be entered; and 8
(e) the date, within 14 days after the warrant's issue, the warrant 9
ends. 10
warrants 11
Special
137.(1) An inspector may apply for a warrant (a "special warrant") by 12
phone, fax, radio or another form of communication if the inspector 13
considers it necessary because of-- 14
(a) urgent circumstances; or 15
(b) other special circumstances, including, for example, the 16
inspector's remote location. 17
(2) Before applying for the warrant, the inspector must prepare an 18
application stating the grounds on which the warrant is sought. 19
(3) The inspector may apply for the warrant before the application is 20
sworn. 21
(4) After issuing the warrant, the magistrate must immediately fax a 22
copy to the inspector if it is reasonably practicable to fax the copy. 23
(5) If it is not reasonably practicable to fax a copy to the inspector-- 24
(a) the magistrate must tell the inspector-- 25
(i) what the terms of the warrant are; and 26
(ii) the date and time the warrant was issued; and 27
(b) the inspector must complete a form of warrant (a "warrant 28
form") and write on it-- 29
s 138 80 s 138
Coal Mining Safety and Health
(i) the magistrate's name; and 1
(ii) the date and time the magistrate issued the warrant; and 2
(iii) the terms of the warrant. 3
(6) The facsimile warrant, or the warrant form properly completed by the 4
inspector, authorises the entry and the exercise of the other powers stated in 5
the warrant issued by the magistrate. 6
(7) The inspector must, at the first reasonable opportunity, send to the 7
magistrate-- 8
(a) the sworn application; and 9
(b) if the inspector completed a warrant form--the completed 10
warrant form. 11
(8) On receiving the documents, the magistrate must attach them to the 12
warrant. 13
(9) A court must find the exercise of the power by an inspector was not 14
authorised by a special warrant if-- 15
(a) an issue arises in a proceeding before the court whether the 16
exercise of the power was authorised by a special warrant; and 17
(b) the warrant is not produced in evidence; and 18
(c) it is not proved by the person relying on the lawfulness of the 19
entry that the inspector obtained the warrant. 20
before entry 21
Warrants--procedure
138.(1) This section applies if an inspector named in a warrant issued 22
under this part for a place is intending to enter the place under the warrant. 23
(2) Before entering the place, the inspector must do or make a reasonable 24
attempt to do the following things-- 25
(a) identify himself or herself to a person present at the place who is 26
an occupier of the place by producing a copy of the inspector's 27
notice of appointment or other document evidencing the 28
appointment; 29
s 139 81 s 139
Coal Mining Safety and Health
(b) give the person a copy of the warrant or if the entry is authorised 1
by a facsimile warrant or warrant form mentioned in 2
section 137(6), a copy of the facsimile warrant or warrant form; 3
(c) tell the person the inspector is permitted by the warrant to enter 4
the place; 5
(d) give the person an opportunity to allow the inspector immediate 6
entry to the place without using force. 7
(3) However, the inspector need not comply with subsection (2) if the 8
inspector believes on reasonable grounds that immediate entry to the place 9
is required to ensure the effective execution of the warrant is not frustrated. 10
Subdivision 3--General powers 11
powers after entering coal mine or other places 12
General
139.(1) This section applies to an inspector or inspection officer who 13
enters a coal mine or other place. 14
(2) However, if an inspector or inspection officer enters a place to get the 15
occupier's consent to enter premises, this section applies to the inspector or 16
inspection officer only if the consent is given or the entry is otherwise 17
authorised. 18
(3) For monitoring and enforcing compliance with this Act, the inspector 19
or inspection officer may-- 20
(a) search any part of the coal mine or other place; or 21
(b) inspect, measure, test, photograph or film any part of the coal 22
mine or other place or anything at the coal mine or other place; or 23
(c) take a thing, or a sample of or from a thing, at the coal mine or 24
other place for analysis or testing; or 25
(d) copy a document at the coal mine or other place; or 26
(e) take into or onto the coal mine or other place any persons, 27
equipment and materials the inspector or inspection officer 28
reasonably requires for exercising a power under this division; or 29
s 140 82 s 141
Coal Mining Safety and Health
(f) require a person at the coal mine or other place, to give the 1
inspector or inspection officer reasonable help to exercise the 2
inspector's or inspection officer's powers under paragraphs (a) to 3
(e); or 4
(g) require a person at the coal mine or other place, to answer 5
questions by the inspector or inspection officer to help the 6
inspector or inspection officer ascertain whether this Act is being 7
or has been complied with. 8
(4) When making a requirement mentioned in subsection (3)(f) or (g), 9
the inspector or inspection officer must warn the person it is an offence to 10
fail to comply with the requirement, unless the person has a reasonable 11
excuse. 12
to help inspector or inspection officer 13
Failure
140. A person required to give reasonable help under section 139(3)(f) 14
must comply with the requirement, unless the person has a reasonable 15
excuse. 16
Maximum penalty--100 penalty units. 17
to answer questions 18
Failure
141.(1) A person of whom a requirement is made under 19
section 139(3)(g) must not, unless the person has a reasonable excuse, fail 20
to comply with a requirement to answer a question.16 21
Maximum penalty--40 penalty units. 22
(2) It is a reasonable excuse for the person to fail to comply with the 23
requirement if complying with the requirement might tend to incriminate 24
the person. 25
(3) This section is subject to section 159.17 26
16 Also, a person must not state anything the person knows to be false or
misleading in a material particular--see section 179.
17 Section 159 (Person must answer question about serious accident or high
potential incident)
s 142 83 s 144
Coal Mining Safety and Health
senior executive must help inspector or inspection officer 1
Site
142.(1) An inspector or inspection officer may require a site senior 2
executive to help the inspector or inspection officer in the performance of 3
the inspector's or inspection officer's functions. 4
(2) A site senior executive required to help an inspector or inspection 5
officer must comply with the requirement, unless the site senior executive 6
has a reasonable excuse. 7
Maximum penalty--100 penalty units. 8
Subdivision 4--Power to seize evidence 9
evidence at coal mine or other place 10
Seizing
143.(1) An inspector or inspection officer who enters a coal mine or 11
other place under this part may seize a thing at the coal mine or other place 12
if the inspector or inspection officer reasonably believes the thing is 13
evidence of an offence against this Act. 14
(2) However, an inspection officer must not seize a document. 15
things after seizure 16
Securing
144. Having seized a thing, an inspector or inspection officer may-- 17
(a) move the thing from the place where it was seized (the "place of 18
seizure"); or 19
(b) leave the thing at the place of seizure, but take reasonable action to 20
restrict access to it. 21
22
Examples of restricting access to a thing--
23
1. Sealing a thing and marking it to show access to it is restricted.
24
2. Sealing the entrance to a room where the thing is situated and marking it to
25
show access to it is restricted.
s 145 84 s 147
Coal Mining Safety and Health
with things subject to seizure 1
Tampering
145. If an inspector or inspection officer restricts access to a thing seized, 2
a person must not tamper, or attempt to tamper, with the thing, or 3
something restricting access to the thing, without an inspector's or 4
inspection officer's approval. 5
Maximum penalty--100 penalty units. 6
to support seizure 7
Powers
146.(1) To enable a thing to be seized, an inspector may require the 8
person in control of it-- 9
(a) to take it to a stated reasonable place by a stated reasonable time; 10
and 11
(b) if necessary, to remain in control of it at the stated place for a 12
reasonable time. 13
(2) The requirement-- 14
(a) must be made by notice; or 15
(b) if for any reason it is not practicable to give notice, may be made 16
orally and confirmed by notice as soon as practicable. 17
(3) A person of whom the requirement is made must comply with the 18
requirement, at the person's expense, unless the person has a reasonable 19
excuse. 20
Maximum penalty--100 penalty units. 21
(4) A further requirement may be made under this section about the 22
same thing if it is necessary and reasonable to make the further requirement. 23
to be given on seizure 24
Receipts
147.(1) As soon as practicable after an inspector or inspection officer 25
seizes a thing, the inspector or inspection officer must give a receipt for it to 26
the person from whom it was seized. 27
s 148 85 s 149
Coal Mining Safety and Health
(2) However, if for any reason it is not practicable to comply with 1
subsection (1), the inspector or inspection officer must leave the receipt at 2
the place of seizure in a conspicuous position and in a reasonably secure 3
way. 4
(3) The receipt must describe generally each thing seized and its 5
condition. 6
(4) This section does not apply to a thing if it is impracticable or would 7
be unreasonable to give the receipt, given the thing's nature, condition and 8
value. 9
10
Forfeiture
148.(1) A thing that has been seized under this subdivision is forfeited to 11
the State if the inspector or inspection officer who seized the thing-- 12
(a) can not find its owner, after making reasonable inquiries; or 13
(b) can not return it to its owner, after making reasonable efforts. 14
(2) In applying subsection (1)-- 15
(a) subsection (1)(a) does not require the inspector or inspection 16
officer to make inquiries if it would be unreasonable in the 17
particular circumstances to make inquiries to find the owner; and 18
(b) subsection (1)(b) does not require the inspector or inspection 19
officer to make efforts if it would be unreasonable in the 20
particular circumstances to make efforts to return the thing to its 21
owner. 22
of things that have been seized 23
Return
149.(1) If a thing has been seized but not forfeited, the inspector or 24
inspection officer must return it to its owner-- 25
(a) at the end of 6 months; or 26
(b) if a proceeding for an offence involving the thing is started within 27
6 months, at the end of the proceeding and any appeal from the 28
proceeding. 29
s 150 86 s 151
Coal Mining Safety and Health
(2) However, unless the thing has been forfeited, the inspector or 1
inspection officer must immediately return a thing seized as evidence to its 2
owner if the inspector or inspection officer stops being satisfied its 3
continued retention as evidence is necessary. 4
to things that have been seized 5
Access
150.(1) Until a thing that has been seized is forfeited or returned, an 6
inspector or inspection officer must allow its owner to inspect it and, if it is 7
a document, to copy it. 8
(2) Subsection (1) does not apply if it is impracticable or would be 9
unreasonable to allow the inspection or copying. 10
(3) For this section, if an inspector has required a person to take a thing 11
to a stated place by a stated reasonable time under section 14618 the 12
inspector may require the person to return the thing to the place from which 13
it was taken. 14
(4) The person must return the thing at the person's expense. 15
5--Power to stop and secure plant and equipment 16
Subdivision
may stop and secure plant and equipment 17
Inspector
151.(1) If an inspector or inspection officer believes plant or equipment 18
at a coal mine is likely to cause serious bodily injury or create an immediate 19
threat to health, the inspector or inspection officer may stop the operation of 20
the plant or equipment and prevent it from being further operated. 21
(2) If an inspector or inspection officer has taken action under 22
subsection (1), the inspector or inspection officer must confirm the action 23
by entry in the mine record. 24
(3) The site senior executive must ensure that the plant or equipment is 25
not returned to operation until the risk to persons from the plant or 26
equipment is at an acceptable level. 27
Maximum penalty for subsection (3)--200 penalty units. 28
18 Section 146 (Powers to support seizure)
s 152 87 s 153
Coal Mining Safety and Health
6--Power to obtain information 1
Subdivision
to require name and address 2
Power
152.(1) This section applies if-- 3
(a) an inspector or inspection officer finds a person committing an 4
offence against this Act; or 5
(b) an inspector or inspection officer finds a person in circumstances 6
that lead, or has information that leads, the inspector or inspection 7
officer reasonably to suspect the person has just committed an 8
offence against this Act. 9
(2) The inspector or inspection officer may require the person to state the 10
person's name and residential address. 11
(3) When making the requirement, the inspector or inspection officer 12
must warn the person it is an offence to fail to state the person's name or 13
residential address, unless the person has a reasonable excuse. 14
(4) The inspector or inspection officer may require the person to give the 15
inspector or inspection officer evidence of the correctness of the stated name 16
or residential address if the inspector or inspection officer reasonably 17
suspects the stated name or address to be false. 18
(5) A requirement under subsection (2) or (4) is a "personal details 19
requirement". 20
to give name or address 21
Failure
153.(1) A person of whom a personal details requirement is made must 22
comply with the requirement, unless the person has a reasonable excuse. 23
Maximum penalty--40 penalty units. 24
(2) A person does not commit an offence against subsection (1) if-- 25
(a) the person was required to state the person's name and residential 26
address by an inspector or inspection officer who suspected the 27
person had committed an offence against this Act; and 28
(b) the person is not proved to have committed the offence. 29
s 154 88 s 155
Coal Mining Safety and Health
to require production of documents 1
Power
154.(1) An inspector or inspection officer may require a person who has 2
a safety and health obligation under this Act to make available, or produce, 3
for inspection by the inspector or inspection officer at a reasonable time and 4
place nominated by the inspector or inspection officer, a document to which 5
the person has access that relates or is related to the person's obligations 6
under this Act. 7
(2) The inspector or inspection officer may keep the document to copy it. 8
(3) If the inspector or inspection officer copies the document, or an entry 9
in the document, the inspector or inspection officer may require the person 10
responsible for keeping the document to certify the copy as a true copy of 11
the document or entry. 12
(4) The inspector or inspection officer must return the document to the 13
person as soon as practicable after copying it. 14
(5) However, if a requirement ("document certification requirement") 15
is made of a person under subsection (3), the inspector or inspection officer 16
may keep the document until the person complies with the requirement. 17
(6) Also, an inspector may keep the document if the inspector believes it 18
is required for the investigation of a serious accident or high potential 19
incident. 20
(7) A requirement under subsection (1) is a "document production 21
requirement". 22
to produce document 23
Failure
155.(1) A person of whom a document production requirement is made 24
must comply with the requirement, unless the person has a reasonable 25
excuse. 26
Maximum penalty--200 penalty units. 27
(2) It is not a reasonable excuse to fail to produce the document that 28
producing the document might incriminate the person. 29
s 156 89 s 157
Coal Mining Safety and Health
(3) If the requirement is made in relation to an investigation of a serious 1
accident or high potential incident and the document is the personal property 2
of an individual to whom the requirement is directed, before requiring the 3
production of the document, the inspector must advise the person of the 4
following-- 5
(a) that if the document might incriminate the person, the person may 6
claim, before producing the document, that producing the 7
document might incriminate the person; 8
(b) the document is admissible as evidence in a proceeding against 9
the person for an offence under this Act but is not admissible in 10
any other proceeding for an offence. 11
(4) If a document that is personal property, produced under a document 12
production requirement, might incriminate the person and the person 13
claims, before producing the document, that producing the document might 14
incriminate the person-- 15
(a) the document is admissible in a proceeding against the person for 16
an offence under this Act; and 17
(b) the document or anything obtained as a direct or indirect result of 18
the person's producing the document is not admissible in any 19
other proceeding for an offence against the person. 20
to certify copy of document 21
Failure
156. A person of whom a document certification requirement is made 22
must comply with the requirement, unless the person has a reasonable 23
excuse. 24
Maximum penalty--100 penalty units. 25
to require attendance of persons before an inspector to answer 26
Power
questions 27
157.(1) An inspector may require a person to attend before the inspector 28
and to answer questions-- 29
(a) relevant to the discharge of the person's safety and health 30
obligations under this Act; or 31
s 158 90 s 159
Coal Mining Safety and Health
(b) on safety and health matters relevant to coal mining operations; or 1
(c) to ascertain whether this Act is being complied with; or 2
(d) relevant to any action carried out by the inspector under this Act. 3
(2) A requirement made of a person under this section to attend before an 4
inspector must-- 5
(a) be made by notice given to the person; and 6
(b) state a reasonable time and place for the person's attendance. 7
(3) When making a requirement under this section, the inspector must 8
warn the person it is an offence to fail to comply with the requirement, 9
unless the person has a reasonable excuse. 10
to comply with requirement about attendance 11
Failure
158.(1) A person of whom a requirement is made under section 157 12
must not, unless the person has a reasonable excuse-- 13
(a) fail to attend before the inspector at the time and place stated in the 14
relevant notice; or 15
(b) when attending before the inspector fail to comply with a 16
requirement to answer a question.19 17
Maximum penalty--40 penalty units. 18
(2) It is a reasonable excuse for a person to fail to comply with a 19
requirement to answer a question if complying with the requirement might 20
tend to incriminate the person. 21
(3) This section is subject to section 159. 22
must answer question about serious accident or high potential 23
Person
incident 24
159.(1) This section applies if a person refuses to answer a question 25
about a serious accident or high potential incident asked by an inspector. 26
19 Also a person must not state anything the person knows to be false or misleading
in a material particular--see section 179.
s 160 91 s 160
Coal Mining Safety and Health
(2) If the inspector requires the person to answer the question, the 1
inspector must advise the person of the following-- 2
(a) that if the answer might incriminate the person, the person may 3
claim, before giving the answer, that giving the answer might 4
incriminate the person; 5
(b) the effect of making the claim on the admissibility of the answer 6
and any information, document or other thing obtained as a direct 7
or indirect result of the person giving the answer as evidence in 8
any proceeding against the person. 9
(3) The person must answer the question, unless the person has a 10
reasonable excuse. 11
Maximum penalty--40 penalty units. 12
(4) It is not a reasonable excuse to fail to answer the question that 13
answering might tend to incriminate the person. 14
(5) Subsection (6) applies if an answer might incriminate the person and 15
the person claims, before giving the answer, that giving the answer might 16
incriminate the person. 17
(6) Neither the answer nor any information, document or other thing 18
obtained as a direct or indirect result of the person giving the answer is 19
admissible in any proceeding against the person, other than a proceeding in 20
which the falsity or misleading nature of the answer is relevant. 21
7--Additional powers of chief inspector 22
Subdivision
powers of chief inspector 23
Additional
160. The chief inspector has the powers of an inspector and the following 24
additional powers-- 25
(a) to initiate prosecutions for offences under the Act; 26
(b) to give a directive under section 172;20 27
20 Section 172 (Directive to provide independent engineering study)
s 161 92 s 163
Coal Mining Safety and Health
(c) to review, and confirm, vary or set aside, directives given by 1
inspectors, inspection officers or industry safety and health 2
representatives. 3
Division 3--Directives by inspectors, inspection officers and industry 4
safety and health representatives 5
Subdivision 1--Power to give and way of giving directives 6
may be given 7
Directive
161. A directive may be given by a person, and for a matter, mentioned 8
in subdivision 2. 9
directive is given 10
How
162.(1) Other than for sections 166, 167 and 170,21 the directive must be 11
given in writing to the coal mine operator for the coal mine to which the 12
directive relates. 13
(2) The person giving the directive must give a copy of the directive to 14
the site senior executive for the mine. 15
(3) Failure to comply with subsection (2) does not affect the validity of 16
the directive. 17
directive is given for ss 166, 167 and 170 18
How
163. For sections 166, 167 and 170, a directive is to be given in the way 19
stated in the sections. 20
21 Sections 166 (Directive to reduce risk), 167 (Directive to suspend operations for
unacceptable level of risk) and 170 (Directive to isolate site)
s 164 93 s 167
Coal Mining Safety and Health
Subdivision 2--Matters for which directives may be given 1
to ensure coal mine worker competent 2
Directive
164. If an inspector believes that a particular task at a coal mine should be 3
performed only by persons with a particular competency, the inspector may 4
give a directive that the task be performed only by a person with the 5
competency. 6
to carry out test 7
Directive
165. If an inspector reasonably suspects a risk from coal mining 8
operations is not at an acceptable level, the inspector may give a directive to 9
carry out stated tests to decide whether the level of risk is at an acceptable 10
level. 11
to reduce risk 12
Directive
166.(1) If an inspector or inspection officer reasonably believes a risk 13
from coal mining operations may reach an unacceptable level, the inspector 14
or officer may give a directive to any person to take stated corrective or 15
preventative action to prevent the risk reaching an unacceptable level. 16
(2) The directive may be given orally or by notice. 17
(3) If the directive is given orally, the person giving the directive must 18
confirm the directive by notice to the person in control of the mine or part of 19
the mine affected by the directive and to the relevant site senior executive. 20
(4) Failure to comply with subsection (3) does not affect the validity of 21
the directive. 22
to suspend operations for unacceptable level of risk 23
Directive
167.(1) If an inspector, inspection officer or industry safety and health 24
representative believes risk from coal mining operations is not at an 25
acceptable level, the inspector, officer or representative may give a directive 26
to any person to suspend operations in all or part of the mine. 27
(2) The directive may be given orally or by notice. 28
s 168 94 s 170
Coal Mining Safety and Health
(3) If the directive is given orally, the person giving the directive must 1
confirm the directive by notice to the person in control of the mine or part of 2
the mine affected by the directive and to the relevant site senior executive. 3
(4) Failure to comply with subsection (3) does not affect the validity of 4
the directive. 5
to review safety and health management system and 6
Directive
principal hazard management plans 7
168. If an inspector believes the safety and health management system or 8
a principal hazard management plan for a coal mine is ineffective, the 9
inspector may give a directive to review the safety and health management 10
system or the principal hazard management plan and make it effective. 11
to suspend operations for ineffective safety and health 12
Directive
management system 13
169. If an inspector believes there is not an effective safety and health 14
management system for a coal mine or part of a coal mine, the inspector 15
may give a directive suspending operations in all or part of the mine. 16
to isolate site 17
Directive
170.(1) If an inspector believes it is necessary to preserve evidence after a 18
serious accident or high potential incident, the inspector may give a directive 19
to any person to isolate and protect the accident or incident site. 20
(2) The directive may be given orally or by notice. 21
(3) If the directive is given orally, the inspector must confirm the 22
directive by notice to the person in control of the mine or part of the mine 23
affected by the directive and to the relevant site senior executive. 24
(4) Failure to comply with subsection (3) does not affect the validity of 25
the directive. 26
s 171 95 s 172
Coal Mining Safety and Health
about separate part of the mine 1
Directive
171.(1) This section applies if part of a surface mine taken to be a 2
separate part of a surface mine under section 21(4) is operated in a way so 3
that it is no longer a separate part of a surface mine under section 21(4). 4
(2) An inspector may give a directive to a person to operate the part of 5
the surface mine so that it is a separate part of a mine under section 21(4). 6
(3) If the directive is not complied with, an inspector may give a further 7
directive suspending operations in the part of the surface mine. 8
to provide independent engineering study 9
Directive
172.(1) The chief inspector may give a directive to provide an 10
independent engineering study about-- 11
(a) risks arising out of coal mining operations; or 12
(b) the safety of part or all of any plant, building or structure at the 13
mine; or 14
(c) a serious accident or high potential incident at the mine. 15
(2) The directive must state-- 16
(a) the reasons for and objectives of the study; and 17
(b) that the person who undertakes the study must be a person 18
approved by the chief inspector. 19
(3) For subsection (2)(b), the chief inspector may approve a person only 20
if the person-- 21
(a) has relevant professional qualifications and experience for the 22
study; and 23
(b) is not an employee of the coal mine operator for the mine or of a 24
contractor at the mine. 25
s 173 96 s 174
Coal Mining Safety and Health
3--Recording of directives and other matters 1
Subdivision
must be kept 2
Records
173.(1) An inspector, inspection officer or industry safety and health 3
representative must keep an accurate record of all reports and directives 4
given by the inspector, officer or representative under this Act. 5
(2) An inspector, inspection officer or industry safety and health 6
representative must make a written report of every inspection of a coal mine 7
made by the inspector, officer or representative under this Act. 8
(3) An inspector, inspection officer or industry safety and health 9
representative must give the coal mine operator and the site senior executive 10
of the mine a copy of the report as soon as practicable after making it. 11
12
Directives
174.(1) If an inspector, inspection officer, or industry safety and health 13
representative has given a directive, the inspector, officer or representative-- 14
(a) must enter it in the mine record as soon as reasonably practicable 15
after giving it; and 16
(b) must state the reason for the directive in the mine record. 17
(2) A person to whom a directive is given must comply with the 18
directive as soon as reasonably practicable. 19
Maximum penalty--800 penalty units or 2 years imprisonment. 20
(3) The site senior executive must enter in the mine record the action 21
taken to comply with the directive as soon as practicable after the action is 22
taken. 23
Maximum penalty--40 penalty units. 24
(4) The site senior executive must make copies of directives available for 25
inspection by coal mine workers. 26
Maximum penalty--40 penalty units. 27
(5) A directive remains effective until-- 28
s 175 97 s 176
Coal Mining Safety and Health
(a) for a directive by an industry safety and health representative--it 1
is withdrawn in writing by the representative or an inspector; or 2
(b) for a directive by an inspector--it is withdrawn in writing by the 3
inspector or another inspector; or 4
(c) for a directive of an inspection officer--it is withdrawn in writing 5
by the inspection officer or an inspector; or 6
(e) for a directive by an industry safety and health representative, an 7
inspection officer or an inspector and not otherwise 8
withdrawn--the chief inspector varies or sets aside the directive 9
after reviewing it under subdivision 4; or 10
(f) the Industrial Court stays, varies or sets aside the directive. 11
4--Review of directives 12
Subdivision
for review 13
Application
175. A person who is given a directive from an inspector (other than the 14
chief inspector), inspection officer or industry safety and health 15
representative may apply under this division for the directive to be 16
reviewed. 17
for review 18
Procedure
176.(1) The application must-- 19
(a) be made in writing to the chief inspector; and 20
(b) be supported by enough information to allow the chief inspector 21
to decide the application. 22
(2) The application must be made to the chief inspector within-- 23
(a) 7 days after the day on which the person received the directive; or 24
(b) the longer period, within 2 months after the day, the chief 25
inspector in special circumstances allows. 26
(3) The chief inspector must consider the application within 7 days after 27
receiving it and immediately advise the applicant in writing whether the 28
chief inspector considers the applicant has complied with subsection (1). 29
s 177 98 s 177
Coal Mining Safety and Health
(4) If the chief inspector does not consider the application is supported by 1
enough information to allow the chief inspector to decide the application, the 2
chief inspector must advise the applicant what further information the chief 3
inspector requires. 4
(5) When the chief inspector is satisfied the applicant has complied with 5
subsection (1), the chief inspector must immediately advise the applicant in 6
writing of that fact. 7
of directive 8
Review
177.(1) The chief inspector must, within 14 days after giving the advice 9
mentioned in section 176(5), review the directive and make a decision (the 10
"review decision")-- 11
(a) to confirm the directive appealed against; or 12
(b) to vary or set aside the directive appealed against. 13
(2) The chief inspector may give a directive in substitution for a directive 14
the chief inspector decides to set aside. 15
(3) Within 7 days after making the review decision, the chief inspector 16
must give notice of the decision to the applicant. 17
(4) The notice must-- 18
(a) include the reasons for the review decision; and 19
(b) if the notice does not set aside the directive, tell the applicant of 20
the applicant's right of appeal against the decision. 21
(5) If the chief inspector does not-- 22
(a) review the directive within the time allowed under subsection (1); 23
or 24
(b) having reviewed the directive, advise the applicant of the review 25
decision within the time allowed under subsection (3); 26
the applicant may appeal against the directive under part 14.22 27
22 Part 14 (Appeals)
s 178 99 s 179
Coal Mining Safety and Health
of operation of directive 1
Stay
178.(1) If a person applies under this division for a directive to be 2
reviewed, the person may immediately apply to the Industrial Court for a 3
stay of the directive. 4
(2) The court may stay the directive to secure the effectiveness of the 5
review and any later appeal to the court. 6
(3) A stay-- 7
(a) may be given on conditions the court considers appropriate; and 8
(b) operates for the period fixed by the court; and 9
(c) may be revoked or amended by the court. 10
(4) The period of a stay must not extend past the time when the chief 11
inspector reviews the directive and any later period the court allows the 12
person to enable the person to appeal against the decision. 13
(5) An application made for a review of a directive affects the directive, 14
or the carrying out of the directive, only if the directive is stayed. 15
(6) However, a directive under section 16723 must not be stayed. 16
Division 4--General enforcement offences 17
or misleading statements 18
False
179.(1) A person must not state anything to an inspector or inspection 19
officer the person knows is false or misleading in a material particular. 20
Maximum penalty--100 penalty units. 21
(2) It is enough for a complaint for an offence against subsection (1) to 22
allege and prove that the statement made was `false or misleading' to the 23
person's knowledge, without specifying which. 24
23 Section 167 (Directive to suspend operations for unacceptable level of risk)
s 180 100 s 181
Coal Mining Safety and Health
or misleading documents 1
False
180.(1) A person must not give an inspector, inspection officer or 2
industry safety and health representative a document containing information 3
the person knows is false or misleading in a material particular. 4
Maximum penalty--100 penalty units. 5
(2) Subsection (1) does not apply to a person if the person, when giving 6
the document-- 7
(a) tells the inspector, inspection officer or industry safety and health 8
representative, to the best of the person's ability, how it is false or 9
misleading; and 10
(b) if the person has, or can reasonably obtain, the correct 11
information--gives the correct information. 12
(3) Also, a person must not make an entry in a document required or 13
permitted to be made or kept under this Act knowing the entry to be false or 14
misleading in a material particular. 15
Maximum penalty--100 penalty units. 16
(4) It is enough for a complaint for an offence against subsection (1) 17
or (3) to allege and prove that the document or entry was `false or 18
misleading' to the person's knowledge, without specifying which. 19
inspectors, inspection officers or industry safety and 20
Obstructing
health representatives 21
181.(1) A person must not obstruct an inspector, inspection officer or 22
industry health and safety representative in the exercise of a power, unless 23
the person has a reasonable excuse. 24
Maximum penalty--100 penalty units. 25
(2) If a person has obstructed an inspector, inspection officer or industry 26
safety and health representative and the inspector, officer or representative 27
decides to proceed with the exercise of the power, the inspector, officer or 28
representative must warn the person that-- 29
(a) it is an offence to obstruct the inspector, officer or representative, 30
unless the person has a reasonable excuse; and 31
s 182 101 s 185
Coal Mining Safety and Health
(b) the inspector, officer or representative considers the person's 1
conduct an obstruction. 2
PART 10--BOARD OF EXAMINERS 3
Division 1--Purposes of part 4
of pt 10 5
Purposes
182. The main purposes of this part are to provide for a board of 6
examiners and to state its functions. 7
Division 2--Board of examiners and its functions 8
for pt 10 9
Inspector
183. In this part-- 10
"inspector" includes an inspector appointed under the Mining and 11
Quarrying Safety and Health Act 1999. 12
of examiners 13
Board
184. The board of examiners is established. 14
of board of examiners 15
Functions
185. The board of examiners has the following functions-- 16
(a) to decide the competencies necessary for holders of certificates of 17
competency; 18
(b) to assess applicants, or have applicants assessed, for certificates 19
of competency; 20
s 186 102 s 188
Coal Mining Safety and Health
(c) to grant certificates of competency to persons who have 1
demonstrated to the board's satisfaction the appropriate 2
competencies necessary to hold the certificates; 3
(d) to ensure the competencies under this Act are consistent with the 4
competencies required by other States for the holders of 5
certificates of competency. 6
and conduct of board proceedings 7
Membership
186.(1) The board of examiners is to consist of a chairperson and at least 8
6 other members. 9
(2) An inspector is to be chairperson. 10
(3) Each member must have at least 10 years practical experience in the 11
mining industry. 12
(4) No more than 3 members may be inspectors. 13
(5) At least 6 of the members must be currently engaged in the mining 14
industry. 15
(6) Inspectors and industry safety and health representatives are taken to 16
be currently engaged in the mining industry. 17
(7) A member, other than the chairperson-- 18
(a) may be appointed for a term of not more than 5 years; and 19
(b) may be reappointed, but not for consecutive terms. 20
(8) The chairperson may be appointed for the term the Governor in 21
Council considers appropriate. 22
of examiners to appoint secretary 23
Board
187. The board of examiners must appoint a person to be secretary to the 24
board. 25
of board of examiners 26
Appointment
188.(1) The members of the board of examiners are to be appointed by 27
the Governor in Council by gazette notice. 28
s 189 103 s 192
Coal Mining Safety and Health
(2) The members who are not inspectors are appointed under this Act 1
and not the Public Service Act 1996. 2
and voting at meetings of the board 3
Quorum
189. At a meeting of the board of examiners-- 4
(a) a quorum consists of half the number of members appointed to 5
the board or, if that number is not a whole number, the next 6
higher whole number; and 7
(b) a question must be decided by a majority of the votes of the 8
members present and voting; and 9
(c) each member present has a vote on each question to be decided 10
and, if the votes are equal, the member presiding also has a 11
casting vote. 12
at meetings of the board of examiners 13
Presiding
190.(1) The chairperson must preside at all meetings of the board of 14
examiners at which the chairperson is present. 15
(2) In the absence of the chairperson, an inspector nominated by the 16
chairperson presides. 17
(3) The inspector nominated must be a member of the board. 18
of appointment 19
Conditions
191.(1) A member of the board of examiners, other than a member who 20
is an inspector, is entitled to be paid the fees and allowances decided by the 21
Governor in Council. 22
(2) A member holds office on conditions not provided by this Act that 23
are decided by the Minister. 24
of the board of examiners 25
Proceedings
192.(1) The way the board of examiners is to conduct its proceedings 26
may be prescribed under a regulation. 27
s 193 104 s 196
Coal Mining Safety and Health
(2) If the way the board is to conduct its proceedings is not prescribed, 1
the board may conduct its proceedings in the way it considers appropriate. 2
3
Committees
193. The board may appoint committees to advise it on particular issues. 4
3--General 5
Division
to be qualified 6
Examiners
194. A person must not assess an applicant for a certificate of 7
competency unless the person has appropriate qualifications and experience 8
to assess the applicant. 9
Maximum penalty--100 penalty units. 10
certificates of competency by fraud 11
Obtaining
195.(1) A person must not become, or attempt to become, the holder of a 12
certificate of competency by giving false information to the board of 13
examiners. 14
Maximum penalty--400 penalty units. 15
(2) The board of examiners may cancel a certificate of competency by 16
notice to the holder if the board is satisfied that the holder obtained the 17
certificate of competency by giving false information to the board. 18
of certificate of competency 19
Return
196. The holder of a certificate of competency must, unless the holder 20
has a reasonable excuse, immediately return the certificate to the board of 21
examiners if-- 22
(a) the board has given the holder notice under section 195(2); or 23
s 197 105 s 198
Coal Mining Safety and Health
(b) an industrial magistrate suspends or cancels the certificate under 1
section 258.24 2
Maximum penalty--400 penalty units. 3
report 4
Annual
197.(1) As soon as practicable, but within 4 months, after the end of each 5
financial year, the board of examiners must prepare and give to the Minister 6
a report on the board's operations for the year. 7
(2) The Minister must table a copy of the report in the Legislative 8
Assembly within 14 sitting days after receiving it. 9
ART 11--ACCIDENTS AND INCIDENTS 10
P
Division 1--Notification of accidents, incidents and inspections 11
of accidents, incidents or diseases 12
Notice
198.(1) On becoming aware of a serious accident or high potential 13
incident at a coal mine, the site senior executive for the coal mine must 14
immediately notify an inspector and an industry safety and health 15
representative about the accident or incident either orally or by notice. 16
Maximum penalty--40 penalty units. 17
(2) If the site senior executive makes an oral report under subsection (1), 18
the executive must confirm the report by notice within 48 hours. 19
Maximum penalty--40 penalty units. 20
(3) However, if the serious accident results in death, the chief executive 21
must confirm the oral report by notice within 24 hours. 22
Maximum penalty--80 penalty units. 23
24 Section 258 (Court may order suspension or cancellation of certificate)
s 199 106 s 201
Coal Mining Safety and Health
(4) As soon as practicable after receiving a report of a disease prescribed 1
under a regulation as a disease that must be reported under this section, the 2
site senior executive must give an inspector and an industry safety and 3
health representative notice about the disease. 4
Maximum penalty--40 penalty units. 5
of accident must be inspected 6
Place
199. As soon as practicable after receiving a report of a serious accident 7
causing death at a coal mine, an inspector must inspect the place of the 8
accident, investigate the accident to determine its nature and cause, and 9
report the findings of the investigation to the chief inspector. 10
2--Site of accident or incident 11
Division
not to be interfered with without permission 12
Site
200.(1) A person must not interfere with a place at a coal mine that is the 13
site of a serious accident or high potential incident of a type prescribed by 14
regulation, without the permission of an inspector. 15
Maximum penalty--200 penalty units. 16
(2) Permission under subsection (1) must not be unreasonably withheld. 17
(3) For this division, action taken to save life or prevent further injury at a 18
place is not interference with the place. 19
to be taken in relation to site of accident or incident 20
Action
201.(1) If there is a serious accident or high potential incident, the site 21
senior executive must-- 22
(a) carry out an investigation to decide the causes of the accident or 23
incident; and 24
(b) prepare a report about the accident or incident that includes 25
recommendations to prevent the accident or incident happening 26
again; and 27
s 202 107 s 202
Coal Mining Safety and Health
(c) if the accident or incident is a type prescribed by 1
regulation--forward the report to an inspector. 2
Maximum penalty--100 penalty units. 3
(2) The site senior executive must ensure that the place of the accident or 4
incident is not interfered with until-- 5
(a) all relevant details about the accident or incident have been 6
recorded and, if possible, photographed; and 7
(b) sufficient measurements have been taken to allow the 8
development of an accurate plan of the site; and 9
(c) a list of witnesses to the accident or incident has been compiled. 10
Maximum penalty--100 penalty units. 11
PART 12--BOARDS OF INQUIRY 12
1--General 13
Division
may establish boards of inquiry 14
Minister
202.(1) The Minister may establish a board of inquiry about a serious 15
accident or high potential incident by gazette notice. 16
(2) The notice, or a later gazette notice, may specify issues relevant to the 17
inquiry including, for example, the membership of the board, who is the 18
chairperson of the board, and its terms of reference. 19
(3) The Minister may exercise powers under this section for a serious 20
accident or high potential incident-- 21
(a) whether or not the accident or incident has been investigated by an 22
inspector; and 23
(b) whether or not a board of inquiry had previously inquired into the 24
accident or incident. 25
s 203 108 s 205
Coal Mining Safety and Health
of board of inquiry 1
Role
203.(1) The board of inquiry must-- 2
(a) inquire into the circumstances and probable causes of the relevant 3
serious accident or high potential incident; and 4
(b) give the Minister a written report of the board's findings. 5
(2) The report may contain the recommendations the board considers 6
appropriate and other relevant matters. 7
(3) The Minister must table a copy of the report in the Legislative 8
Assembly within 14 days after receiving the report. 9
(4) However, if the board gives the Minister a separate report of issues 10
that the board considers should not be made public, the Minister need not 11
table the separate report in the Legislative Assembly. 12
of appointment 13
Conditions
204.(1) A member of the board of inquiry is entitled to be paid the 14
remuneration and allowances decided by the Governor in Council. 15
(2) A member holds office on conditions not provided by this Act that 16
are decided by the Minister. 17
executive to arrange for services of staff and financial matters 18
Chief
for board of inquiry 19
205. As soon as practicable after the board of inquiry is established, the 20
chief executive must consult with the chairperson of the board and 21
arrange-- 22
(a) for the services of officers and employees of the department and 23
other persons to be made available to the board for the conduct of 24
the inquiry; and 25
(b) for financial matters relevant to the board. 26
s 206 109 s 207
Coal Mining Safety and Health
2--Conduct of inquiry 1
Division
2
Procedure
206.(1) When conducting its inquiry, the board of inquiry-- 3
(a) must observe natural justice; and 4
(b) must act as quickly, and with as little formality and technicality, 5
as is consistent with a fair and proper consideration of the issues. 6
(2) In conducting the inquiry, the board-- 7
(a) is not bound by the rules of evidence; and 8
(b) may inform itself in any way it considers appropriate, including 9
by holding hearings; and 10
(c) may decide the procedures to be followed for the inquiry; and 11
(d) must give a person involved in the serious accident or high 12
potential incident the opportunity of defending all claims made 13
against the person. 14
(3) However, the board must comply with this division and any 15
procedural rules prescribed under a regulation. 16
(4) The chairperson of the board presides at the inquiry. 17
of inquiry 18
Notice
207. The chairperson of the board of inquiry must give at least 14 days 19
notice of the time and place of the inquiry to-- 20
(a) any person the chairperson considers may be concerned in the 21
serious accident or high potential incident the subject of the 22
inquiry; and 23
(b) any other person the chairperson reasonably believes should be 24
given the opportunity to appear at the inquiry. 25
s 208 110 s 211
Coal Mining Safety and Health
to be held in public except in special circumstances 1
Inquiry
208.(1) The inquiry must be held in public. 2
(2) However, the board may, of its own initiative or on the application of 3
a person represented at the inquiry, direct that the inquiry, or a part of the 4
inquiry, be held in private, and give directions about the persons who may 5
be present. 6
(3) The board may give a direction under subsection (2) only if it is 7
satisfied it is proper to make the direction in the special circumstances of the 8
case. 9
of members, legal representatives and witnesses 10
Protection
209.(1) A member of the board of inquiry has, in the performance of the 11
member's duties, the same protection and immunity as a Supreme Court 12
judge performing the functions of a judge. 13
(2) A lawyer or other person appearing before the inquiry for someone 14
has the same protection and immunity as a lawyer appearing for a party in a 15
proceeding in the Supreme Court. 16
(3) A person summoned to attend or appearing before the inquiry as a 17
witness has the same protection as a witness in a proceeding in the Supreme 18
Court. 19
of proceedings to be kept 20
Record
210. The board of inquiry must keep a record of its proceedings. 21
22
Representation
211. A person may be represented before the inquiry by a lawyer or 23
agent. 24
s 212 111 s 214
Coal Mining Safety and Health
powers on inquiry 1
Board's
212.(1) In conducting the inquiry, the board may-- 2
(a) act in the absence of any person who has been given a notice 3
under section 20725 or some other reasonable notice; and 4
(b) receive evidence on oath or by statutory declaration; and 5
(c) adjourn the inquiry; and 6
(d) disregard any defect, error, omission or insufficiency in a 7
document. 8
(2) A member of the board may administer an oath to a person appearing 9
as a witness before the inquiry. 10
to witness 11
Notice
213.(1) The chairperson of the board of inquiry may, by notice 12
("attendance notice") given to a person, require the person to attend at the 13
inquiry at a stated time and place to give evidence or produce stated 14
documents or things. 15
(2) A person required to appear as a witness before the inquiry is entitled 16
to the witness fees prescribed under a regulation or, if no witness fees are 17
prescribed, the reasonable witness fees decided by the chairperson. 18
of documents or things 19
Inspection
214.(1) If a document or thing is produced to the board at the inquiry, the 20
board may-- 21
(a) inspect the document or thing; and 22
(b) copy or photograph the document or thing if it is relevant to the 23
inquiry. 24
(2) The board may also take possession of the document or thing, and 25
keep it while it is necessary for the inquiry. 26
25 Section 207 (Notice of inquiry)
s 215 112 s 216
Coal Mining Safety and Health
(3) While it keeps a document or thing, the board must permit a person 1
otherwise entitled to possession of it to inspect, copy or photograph the 2
document or thing at a reasonable place and time the board decides. 3
may continue despite court proceedings unless otherwise 4
Inquiry
ordered 5
215. The inquiry may start or continue, and a report may be prepared or 6
given, despite a proceeding before any court or tribunal, unless a court or 7
tribunal with the necessary jurisdiction orders otherwise. 8
by witnesses 9
Offences
216.(1) A person given an attendance notice must not fail, without 10
reasonable excuse to-- 11
(a) attend as required by the notice; or 12
(b) continue to attend as required by the chairperson of the board of 13
inquiry until excused from further attendance. 14
Maximum penalty--30 penalty units. 15
(2) A person appearing as a witness at the inquiry must take an oath 16
when required by the chairperson of the board. 17
Maximum penalty--30 penalty units. 18
(3) Also, a person appearing as a witness at the inquiry must not fail, 19
without reasonable excuse-- 20
(a) to answer a question the person is required to answer by a 21
member of the board; or 22
(b) to produce a document or thing the person is required to produce 23
under an attendance notice. 24
Maximum penalty--30 penalty units. 25
(4) It is a reasonable excuse to refuse to answer a question or produce a 26
document or thing on the ground that the answer or production of the 27
document or thing might tend to incriminate the person. 28
s 217 113 s 219
Coal Mining Safety and Health
of board 1
Contempt
217. A person must not-- 2
(a) deliberately interrupt a board of inquiry; or 3
(b) create or continue, or join in creating or continuing, a disturbance 4
in or near a place where the board is conducting its inquiry; or 5
(c) do anything that would be contempt of court if the board were a 6
judge acting judicially. 7
Maximum penalty--30 penalty units. 8
of membership of board 9
Change
218. The inquiry of a board of inquiry is not affected by a change in its 10
membership. 11
PART 13--MINES RESCUE 12
1--Preliminary 13
Division
of pt 13 14
Purposes
219. The main purposes of this part are to-- 15
(a) ensure each coal mine operator of an underground coal mine 16
provides a mines rescue capability for the mine; and 17
(b) provide for accreditation of corporations to help coal mine 18
operators of underground coal mines provide a mines rescue 19
capability; and 20
(c) provide for the Minister to fix performance criteria for accredited 21
corporations; and 22
(d) ensure accredited corporations-- 23
(i) provide mines rescue services; and 24
s 220 114 s 222
Coal Mining Safety and Health
(ii) meet the performance criteria; and 1
(iii) have sufficient funding to meet the performance criteria. 2
for pt 13 3
Definitions
220. In this part-- 4
"coal mine operator" does not include the coal mine operator of a mine at 5
which no person is employed and no work is being undertaken by a 6
contractor. 7
"mine" does not include a mine-- 8
(a) that has been abandoned; or 9
(b) at which no person is employed and no work is being undertaken 10
by a contractor; or 11
(c) if it consists only of exploration activities under-- 12
(i) an exploration permit; or 13
(ii) a mineral development licence where the size of the 14
excavation is less than 50 cubic metres. 15
of "mines rescue capability" 16
Meaning
221. "Mines rescue capability" is the ability to provide a suitable 17
number of trained persons and maintained equipment to allow continuous 18
rescue operations to take place and to help the escape or safe recovery of 19
anyone from a mine if it has, or may have, an irrespirable atmosphere. 20
of "mines rescue agreement" 21
Meaning
222.(1) A "mines rescue agreement", for a coal mine operator, is-- 22
(a) a written agreement that-- 23
(i) has been entered into between the coal mine operator and an 24
accredited corporation; and 25
s 223 115 s 224
Coal Mining Safety and Health
(ii) if the coal mine operator is the coal mine operator of an 1
underground mine--provides for the corporation to help the 2
coal mine operator provide a mines rescue capability for the 3
mine; and 4
(iii) remains in force; or 5
(b) if the coal mine operator is a member of an accredited corporation 6
that is a company limited by guarantee, not having a capital 7
divided into shares--the corporation's articles of association. 8
(2) A person is a "party" to a mines rescue agreement if the person is-- 9
(a) a party to an agreement mentioned in subsection (1)(a); or 10
(b) a member of an accredited corporation mentioned in 11
subsection (1)(b). 12
Division 2--Obligations of coal mine operators and users 13
1--All coal mine operators 14
Subdivision
mine operator must be a party to a mines rescue agreement 15
Coal
223. A coal mine operator must be a party to a mines rescue agreement 16
for the coal mine operator's mine. 17
Maximum penalty--1 000 penalty units. 18
mine operator must contribute 19
Coal
224.(1) An accredited corporation may-- 20
(a) require contributions from each coal mine operator who is a party 21
to a mines rescue agreement with the corporation to allow the 22
corporation to provide mines rescue services; and 23
(b) fix different contributions from different coal mine operators-- 24
(i) who own the same class of mine; or 25
(ii) who own different classes of mine. 26
s 225 116 s 225
Coal Mining Safety and Health
1
Examples of different classes of mine--
2
1. Underground mines.
3
2. Surface mines.
4
3. Bord and pillar underground mines.
5
4. Longwall underground mines.
6
5. High-wall mines.
(2) Subsection (1) does not limit any other obligation a coal mine 7
operator has to pay an amount to the corporation. 8
(3) A coal mine operator must pay all contributions the coal mine 9
operator is required to pay under subsection (1) at the times fixed by the 10
corporation. 11
Maximum penalty--200 penalty units. 12
2--Further obligation of coal mine operators of 13
Subdivision
underground mines 14
of a mines rescue capability 15
Provision
225.(1) A coal mine operator for an underground mine must provide a 16
mines rescue capability for the mine. 17
Maximum penalty--1 000 penalty units. 18
(2) The obligation under subsection (1) is in addition to any other 19
obligation the coal mine operator has under any law. 20
(3) The coal mine operator discharges the obligation by-- 21
(a) complying with any requirement about mines rescue capability 22
imposed on the coal mine operator under a regulation; and 23
(b) ensuring the site senior executive of the mine complies with any 24
requirement about mines rescue capability imposed on the site 25
senior executive under a regulation. 26
(4) The coal mine operator commits an offence against subsection (1) on 27
each occasion that the coal mine operator contravenes subsection (3). 28
s 226 117 s 227
Coal Mining Safety and Health
Subdivision 3--Mine users 1
not to be used if ss 223-225 contravened 2
Mine
226. A person must not use a mine for mining while the coal mine 3
operator for the mine is contravening sections 223 to 225 in relation to the 4
mine. 5
Maximum penalty--50 penalty units. 6
Division 3--Accredited corporations 7
1--Accreditation 8
Subdivision
9
Accreditation
227.(1) A corporation may apply to the Minister for a grant of 10
accreditation to provide mines rescue services. 11
(2) The Minister may grant or refuse the accreditation. 12
(3) However, before granting an accreditation, the Minister must be 13
satisfied-- 14
(a) the corporation is able-- 15
(i) to provide mines rescue services for every underground 16
mine; and 17
(ii) to comply with the performance criteria; and 18
(b) the Minister is able to audit or monitor the mines rescue services 19
provided by the corporation and its compliance with the 20
performance criteria; and 21
(c) if the corporation fails to provide mines rescue services or 22
comply with the performance criteria--it has made suitable 23
provision for the Minister to remedy the failure by-- 24
(i) managing the corporation's mines rescue services; and 25
s 228 118 s 229
Coal Mining Safety and Health
(ii) requiring contributions for the corporation under 1
section 224(1)26 to allow the Minister to manage its mines 2
rescue services. 3
conditions 4
Accreditation
228.(1) The Minister may accredit a corporation on the conditions the 5
Minister considers appropriate. 6
(2) A condition may provide for the following-- 7
(a) security for the provision of mines rescue services for every 8
underground mine and compliance with the performance criteria; 9
(b) enforcement of the security, even if there is a penalty or liability 10
under this part; 11
(c) payment of any reasonable costs of remedying a failure by the 12
corporation to provide mines rescue services or comply with the 13
performance criteria. 14
(3) Subsection (2) does not limit the conditions the Minister may 15
impose. 16
(4) In subsection (2)-- 17
"security" includes mortgage, bond, insurance and surety. 18
to accredit 19
Refusal
229. If the Minister refuses to accredit a corporation, the Minister must 20
give the applicant a notice within 14 days stating the following-- 21
(a) the decision; 22
(b) the reasons for the decision; 23
(c) that the applicant may appeal against the decision to an Industrial 24
Magistrates Court within 28 days; 25
(d) how the applicant may start an appeal.27 26
26 Section 224 (Coal mine operator must contribute)
27 For how to start an appeal, see section 238 (How to start appeal).
s 230 119 s 231
Coal Mining Safety and Health
suspending or cancelling accreditations--grounds 1
Amending,
230. Each of the following is a ground for amending, suspending or 2
cancelling a corporation's accreditation-- 3
(a) the accreditation was obtained because of incorrect or misleading 4
information; 5
(b) the corporation has not provided a mines rescue service; 6
(c) the corporation can not provide mines rescue services for every 7
underground mine; 8
(d) the corporation has contravened the performance criteria or a 9
condition of the accreditation; 10
(e) the corporation has not reported to the Minister on its compliance 11
with the performance criteria; 12
(f) the corporation has committed an offence against this Act. 13
suspending or cancelling accreditations--procedure 14
Amending,
231.(1) If the Minister considers a ground exists to amend, suspend or 15
cancel an accreditation (the "proposed action"), the Minister must give the 16
accredited corporation notice stating the following-- 17
(a) the proposed action; 18
(b) the ground for the proposed action; 19
(c) an outline of the facts and circumstances forming the basis for the 20
ground; 21
(d) if the proposed action is to amend the accreditation, including a 22
condition of the accreditation--the proposed amendment; 23
(e) if the proposed action is to suspend the accreditation--the 24
proposed suspension period; 25
(f) that the corporation may show, within a stated time of at least 26
28 days, why the proposed action should not be taken. 27
(2) If, after considering all written representations made within the stated 28
time, the Minister still considers a ground exists to take the proposed action, 29
the Minister may-- 30
s 231 120 s 231
Coal Mining Safety and Health
(a) if the proposed action was to amend the accreditation--amend the 1
accreditation; or 2
(b) if the proposed action was to suspend the accreditation--suspend 3
the accreditation for no longer than the period stated in the notice; 4
or 5
(c) if the proposed action was to cancel the accreditation--amend the 6
accreditation, suspend the accreditation for a period or cancel it. 7
(3) The Minister must inform the corporation of the decision by notice. 8
(4) If the Minister decides to amend, suspend or cancel the accreditation, 9
the notice must state the following-- 10
(a) the decision; 11
(b) the reasons for the decision; 12
(c) that the corporation may apply within 28 days for the decision to 13
be reviewed; 14
(d) how the corporation may apply for the review; 15
(e) that the corporation may apply for a stay of the decision if the 16
corporation applies for a review. 17
(5) The decision takes effect on the later of the following-- 18
(a) the day the notice is given to the corporation; 19
(b) the day stated in the notice. 20
(6) Subsections (1) to (5) do not apply-- 21
(a) if the Minister proposes to amend the accreditation only-- 22
(i) for a formal or clerical reason; or 23
(ii) in another way that does not adversely affect the 24
corporation's interests; or 25
(b) if the corporation asks the Minister to amend the accreditation and 26
the Minister proposes to give effect to the request. 27
(7) The Minister may amend an accreditation under subsection (6) by 28
notice given to the corporation. 29
s 232 121 s 233
Coal Mining Safety and Health
Subdivision 2--Functions and performance 1
unctions 2
F
232. An accredited corporation has the following functions-- 3
(a) providing the following services ("mines rescue services")-- 4
(i) helping each coal mine operator for an underground mine 5
who is a party to a mines rescue agreement with the 6
corporation to provide a mines rescue capability; 7
(ii) providing underground mines rescue training programs; 8
(iii) providing staff and equipment to comply with 9
subparagraphs (i) and (ii) and the performance criteria; 10
(b) complying with the performance criteria; 11
(c) reporting to the Minister under section 234 on its compliance with 12
the performance criteria. 13
criteria 14
Performance
233.(1) The Minister must fix mines rescue performance criteria for the 15
provision of mines rescue services for underground mines by an accredited 16
corporation. 17
(2) The criteria must include that an accredited corporation-- 18
(a) provides appropriate mines rescue training programs; and 19
(b) provides equipment and resources to perform its obligations 20
under mines rescue agreements; and 21
(c) ensures mines rescue equipment is maintained, tested and 22
certified to any specification by its manufacturer; and 23
(d) effectively performs audits or other exercises to show the 24
corporation's ability to respond to an emergency; and 25
(e) provides an effective procedure for coal mine operators to help 26
each other in an emergency. 27
(3) Subsection (2) does not limit the criteria. 28
(4) The Minister must notify the criteria by gazette notice. 29
s 234 122 s 235
Coal Mining Safety and Health
(5) In subsection (2)-- 1
"mines rescue equipment" means equipment for use in an emergency by 2
the corporation or a coal mine operator for an underground mine who 3
is party to a mines rescue agreement with the corporation. 4
to Minister 5
Reporting
234.(1) Within 1 month after the end of each financial year, each 6
accredited corporation must give the Minister a written report about whether 7
it complied with the performance criteria in the year. 8
Maximum penalty--100 penalty units. 9
(2) Also, the Minister may, by notice, ask an accredited corporation to 10
give the Minister, within a stated time of at least 7 days, stated documents 11
or information about-- 12
(a) the corporation; or 13
(b) the mines rescue services provided by the corporation. 14
(3) The corporation must comply with the request, unless it has a 15
reasonable excuse for not complying. 16
Maximum penalty--100 penalty units. 17
(4) An accredited corporation must not give the Minister a report, 18
required documents or information it knows is false or misleading in a 19
material particular. 20
Maximum penalty--500 penalty units. 21
(5) A complaint against a corporation for an offence against 22
subsection (4) is sufficient if it states the report, required documents or 23
information was `false or misleading' in a material particular without 24
specifying which. 25
3--Miscellaneous 26
Subdivision
corporation must keep records 27
Accredited
235.(1) An accredited corporation must keep a record of the coal mine 28
operators who are party to a mines rescue agreement with the corporation. 29
s 236 123 s 236
Coal Mining Safety and Health
(2) If a coal mine operator who is a party to a mines rescue agreement 1
with the corporation asks, the corporation must give the coal mine operator 2
a certificate stating-- 3
(a) that the coal mine operator is a party to a mines rescue agreement 4
with the corporation; and 5
(b) whether the coal mine operator has paid all contributions required 6
by the corporation under section 224(1).28 7
(3) A certificate under subsection (2) signed by an officer of the 8
corporation is evidence of the matters stated in it. 9
ART 14--APPEALS 10
P
Division 1--Appeals against particular decisions of Minister or board of 11
examiners 12
against Minister's decisions 13
Appeals
236. The following persons may appeal against the Minister's decision 14
under the following provisions to an Industrial Magistrates Court under this 15
division-- 16
(a) a person who is removed from office as site safety and health 17
representative--section 97;29 18
(b) a person whose appointment as industry safety and health 19
representative has been terminated--section 112;30 20
28 Section 224 (Coal mine operator must contribute)
29 Section 97 (Removal from office)
30 Section 112 (Termination of appointment)
s 237 124 s 239
Coal Mining Safety and Health
(c) the applicant for accreditation--sections 227 and 228;31 1
(d) the accredited corporation--section 231.32 2
against board of examiners' decision 3
Appeals
237. A person whose certificate is cancelled by the board of examiners 4
under section 19533 may appeal against the board's decision to an Industrial 5
Magistrates Court under this division. 6
to start appeal 7
How
238.(1) An appeal is started by the appellant-- 8
(a) filing a notice of appeal with an Industrial Magistrates Court; and 9
(b) serving a copy of the notice on-- 10
(i) if the appeal is against the Minister's decision--the Minister; 11
or 12
(ii) if the appeal is against the board of examiners' decision--the 13
board of examiners. 14
(2) The notice of appeal must be filed within 28 days after the appellant 15
receives notice of the decision appealed against. 16
(3) The court may at any time extend the period for filing the notice of 17
appeal. 18
(4) The notice of appeal must state the grounds of the appeal. 19
of operation of decisions 20
Stay
239.(1) An Industrial Magistrates Court may stay a decision appealed 21
against to secure the effectiveness of the appeal. 22
(2) A stay-- 23
31 Section 227 (Accreditation)
Section 228 (Accreditation conditions)
32 Section 231 (Amending, suspending or cancelling accreditations--procedure)
33 Section 195 (Obtaining certificates of competency by fraud)
s 240 125 s 241
Coal Mining Safety and Health
(a) may be given on conditions the court considers appropriate; and 1
(b) has effect for the period stated by the court; and 2
(c) may be revoked or amended by the court. 3
(3) The period of a stay given by the court must not extend past the time 4
when the court decides the appeal. 5
(4) An appeal against a decision does not affect the operation or carrying 6
out of the decision unless the decision is stayed. 7
procedures 8
Hearing
240.(1) Unless this division otherwise provides, the practice and 9
procedure for the appeal are to be in accordance with the rules of court or, if 10
the rules make no provision or insufficient provision, in accordance with the 11
directions of the court. 12
(2) An appeal must be by way of rehearing, unaffected by the original 13
decision-maker's decision. 14
(3) In deciding an appeal, an Industrial Magistrates Court-- 15
(a) is not bound by the rules of evidence; and 16
(b) must observe natural justice. 17
(4) In this section-- 18
"original decision-maker" means the Minister or the board of examiners. 19
of court on appeal 20
Powers
241.(1) In deciding an appeal, an Industrial Magistrates Court may-- 21
(a) confirm the decision appealed against; or 22
(b) set aside the decision and substitute another decision; or 23
(c) set aside the decision and return the matter to the original 24
decision-maker with directions that the court considers 25
appropriate. 26
(2) In substituting another decision, the court has the same powers as the 27
original decision-maker. 28
s 242 126 s 244
Coal Mining Safety and Health
1
Example--
2
In an appeal against the Minister's decision to cancel an accreditation, the court
3
may decide to cancel the accreditation or to amend the accreditation by imposing
4
conditions.
(3) If the court substitutes another decision, the substituted decision is 5
taken to be the decision of the original decision-maker. 6
(4) The court may make an order for costs it considers appropriate. 7
to District Court on questions of law only 8
Appeal
242.(1) An appellant may appeal against the decision of an Industrial 9
Magistrates Court to the District Court, but only on a question of law. 10
(2) On hearing the appeal, the court may make any order for costs it 11
considers appropriate. 12
2--Appeals against chief inspector's directives and review 13
Division
decisions 14
may appeal 15
Who
243. A person whose interests are affected by the following may appeal 16
to the Industrial Court-- 17
(a) a directive given by the chief inspector; 18
(b) a review decision of the chief inspector under part 9, division 3, 19
subdivision 4.34 20
to start appeal 21
How
244.(1) An appeal is started by-- 22
(a) filing notice of appeal with the registrar of the Industrial Court; 23
and 24
34 Part 9 (Inspectors and inspection officers and directives), division 3 (Directives
by inspectors, inspection officers and industry safety and health representatives)
subdivision 4 (Review of directives)
s 245 127 s 245
Coal Mining Safety and Health
(b) complying with any rules of court applying to the appeal. 1
(2) The notice of appeal must be filed within 28 days after-- 2
(a) if the appeal is from a directive--the day the appellant receives the 3
directive; or 4
(b) if the appeal is from a review decision--the day the appellant 5
receives reasons for the review decision. 6
(3) The court may at any time extend the period for filing the notice of 7
appeal. 8
(4) The notice of appeal must state fully the grounds of the appeal and the 9
facts relied on. 10
of operation of directive or review decision 11
Stay
245.(1) The Industrial Court may grant a stay of a directive or review 12
decision appealed against to secure the effectiveness of the appeal. 13
(2) A stay-- 14
(a) may be given on the conditions the court considers appropriate; 15
and 16
(b) operates for the period fixed by the court; and 17
(c) may be revoked or amended by the court. 18
(3) The period of a stay must not extend past the time when the court 19
decides the appeal. 20
(4) An appeal against a directive or review decision affects the directive 21
or decision, or the carrying out of the directive or decision, only if the 22
directive or decision is stayed. 23
(5) However, the following must not be stayed-- 24
(a) a directive by the chief inspector under section 167;35 25
(b) a review decision about a directive given by another person under 26
section 167. 27
35 Section 167 (Directive to suspend operations for unacceptable level of risk)
s 246 128 s 248
Coal Mining Safety and Health
procedures 1
Hearing
246.(1) The procedure for an appeal is to be in accordance with the rules 2
of court or, if the rules make no provision or insufficient provision, in 3
accordance with directions of the Industrial Court. 4
(2) An appeal is by way of rehearing, unaffected by the chief inspector's 5
review decision or a directive given. 6
ssessors 7
A
247. If the Industrial Court is satisfied the appeal involves an issue of 8
special knowledge and skill, the court may appoint 1 or more assessors to 9
help in deciding the appeal. 10
of court on appeal 11
Powers
248.(1) In deciding an appeal, the Industrial Court may-- 12
(a) confirm the directive or review decision appealed against; or 13
(b) vary the directive or review decision appealed against; or 14
(c) set aside the directive or review decision appealed against and 15
make a directive or decision in substitution for the directive or 16
review decision set aside; or 17
(d) set aside the directive or review decision appealed against and 18
return the issue to the person who gave the directive or to the 19
maker of the review decision with directions the court considers 20
appropriate. 21
(2) If on appeal the court acts under subsection (1)(b) or (c), the decision 22
is taken, for this Act (other than this part), to be that of the chief inspector or 23
the person who gave the directive. 24
s 249 129 s 252
Coal Mining Safety and Health
ART 15--LEGAL PROCEEDINGS 1
P
1--Evidence 2
Division
of div 1 3
Application
249. This division applies to a proceeding under this Act. 4
of appointments and authority unnecessary 5
Proof
250.(1) It is not necessary to prove-- 6
(a) the appointment of the chief executive, the chief inspector, an 7
inspector, an inspection officer, an industry safety and health 8
representative or a site safety and health representative; or 9
(b) the authority of the chief executive, the chief inspector, an 10
inspector, an inspection officer, an industry safety and health 11
representative or a site safety and health representative to do 12
anything under this Act. 13
(2) Subsection (1) does not apply if reasonable notice is given to the 14
party relying on the appointment or authority that the appointment or 15
authority is to be challenged. 16
of signatures unnecessary 17
Proof
251. A signature purporting to be the signature of the chief executive, the 18
chief inspector, an inspector, an inspection officer, an industry safety and 19
health representative or a site safety and health representative is evidence of 20
the signature it purports to be. 21
aids 22
Evidentiary
252.(1) A certificate stating any of the following matters is evidence of 23
the matter-- 24
(a) a stated document is-- 25
(i) an appointment or a copy of an appointment; or 26
s 252 130 s 252
Coal Mining Safety and Health
(ii) a directive or a copy of a directive given under this Act; or 1
(iii) a decision, or a copy of a decision, given or made under this 2
Act; or 3
(iv) a record or document, a copy of a record or document, or an 4
extract from a record or document, kept under this Act; 5
(b) on a stated day, or during a stated period, a stated certificate, 6
approval or appointment was, or was not, in force for a stated 7
person or thing; 8
(c) on a stated day, or during a stated period, a standard issued or 9
published by National Occupational Health and Safety 10
Commission or Standards Australia or something in the standard 11
was, or was not, in force; 12
(d) on a stated day a stated person was given a stated directive, 13
direction, requirement or notice under this Act; 14
(e) a stated amount is payable under this Act by a stated person and 15
has not been paid. 16
(2) A document purporting to be published by or under the authority of 17
National Occupational Health and Safety Commission or Standards 18
Australia is, on its production, evidence of its contents. 19
(3) In a complaint starting a proceeding, a statement that the matter of the 20
complaint came to the complainant's knowledge on a stated day is evidence 21
of the matter. 22
(4) Any instrument, equipment or installation used by an inspector or 23
inspection officer or analyst in accordance with any conditions prescribed 24
under a relevant document for its use is taken to be accurate and precise in 25
the absence of evidence to the contrary. 26
(5) In this section-- 27
"certificate" means a certificate purporting to be signed by the chief 28
executive, the chief inspector, an inspector, an inspection officer, an 29
industry safety and health representative or a site safety and health 30
representative. 31
s 253 131 s 254
Coal Mining Safety and Health
reports 1
Expert
253.(1) An expert report is admissible in evidence, whether or not the 2
person making the report (the "expert") attends to give oral evidence. 3
(2) However, if the expert does not attend to give oral evidence in the 4
proceeding, the report is admissible only with the court's leave. 5
(3) In deciding whether to grant leave, the court must have regard to the 6
following-- 7
(a) the contents of the report; 8
(b) the reasons the expert is not attending to give oral evidence; 9
(c) the risk that its admission or exclusion from evidence will result 10
in unfairness to a party, in particular having regard to a party's 11
ability to dispute the contents of the report if the expert does not 12
give oral evidence; 13
(d) any other relevant circumstance. 14
(4) An expert report when admitted is evidence of any fact or opinion of 15
which the expert could have given oral evidence. 16
(5) In this section-- 17
"expert report" means a report made by a person that deals entirely or 18
mainly with issues on which the person is qualified to give expert 19
evidence, but does not include an analyst's report. 20
certificate or report 21
Analyst's
254. The production by a party of a signed analyst's report stating any of 22
the following is evidence of them-- 23
(a) the analyst's qualifications; 24
(b) the analyst took, or received from a stated person, the sample 25
mentioned in the report; 26
(c) the analyst analysed the sample on a stated day, or during a stated 27
period, and at a stated place; 28
(d) the results of the analysis. 29
s 255 132 s 256
Coal Mining Safety and Health
Division 2--Proceedings 1
for offences 2
Proceedings
255.(1) A prosecution for an offence against this Act is by way of 3
summary proceedings before an industrial magistrate. 4
(2) More than 1 contravention of a safety and health obligation under 5
section 34 may be charged as a single charge if the acts or omissions giving 6
rise to the claimed contravention happened within the same period and in 7
relation to the same coal mine. 8
(3) A person dissatisfied with a decision of an industrial magistrate in 9
proceedings brought under subsection (1) who wants to appeal must appeal 10
to the Industrial Court. 11
(4) The Workplace Relations Act 1997 applies, with necessary changes, 12
to a proceeding before an industrial magistrate brought under subsection (1) 13
and to a proceeding on appeal before the Industrial Court brought under 14
subsection (3). 15
(5) A prosecution for an offence against this Act must be started by 16
complaint of the chief inspector or someone else authorised by the Minister 17
or by the Attorney-General. 18
(6) In this section-- 19
"person dissatisfied with a decision" in a proceeding means-- 20
(a) a party to the proceeding; or 21
(b) a person bound by the decision; or 22
(c) if a person other than the chief inspector started the proceeding, 23
the chief inspector. 24
to prosecute 25
Recommendation
256.(1) The following persons may recommend to the chief inspector 26
that there be a prosecution for an offence against this Act-- 27
(a) an inspector; 28
(b) an industry safety and health representative; 29
s 257 133 s 259
Coal Mining Safety and Health
(c) a site senior executive. 1
(2) Subsection (1) does not limit the chief inspector's power to 2
prosecute. 3
on time for starting proceedings 4
Limitation
257. A proceeding for an offence against this Act must start-- 5
(a) within 1 year after the commission of the offence; or 6
(b) within 6 months after the offence comes to the complainant's 7
knowledge but within 3 years after the commission of the 8
offence. 9
may order suspension or cancellation of certificate 10
Court
258.(1) This section applies if a person convicted of an offence against 11
this Act is the holder of a certificate of competency. 12
(2) An industrial magistrate, on application by the complainant during the 13
proceedings for the offence, may suspend or cancel the certificate of 14
competency of the person convicted. 15
on conviction 16
Forfeiture
259.(1) On conviction of a person for an offence against this Act, an 17
Industrial Magistrates Court may order the forfeiture to the State of-- 18
(a) anything used to commit the offence; or 19
(b) anything else the subject of the offence. 20
(2) The court may make the order-- 21
(a) whether or not the thing has been seized; and 22
(b) if the thing has been seized, whether or not the thing has been 23
returned to its owner. 24
(3) The court may make any order to enforce the forfeiture it considers 25
appropriate. 26
(4) This section does not limit the court's powers under the Penalties 27
and Sentences Act 1992 or another law. 28
s 260 134 s 261
Coal Mining Safety and Health
with forfeited things 1
Dealing
260.(1) On the forfeiture of a thing to the State, the thing becomes the 2
State's property and may be dealt with by the chief executive as the chief 3
executive considers appropriate. 4
(2) Without limiting subsection (1), the chief executive may destroy the 5
thing. 6
for acts or omissions of representatives 7
Responsibility
261.(1) Subsections (2) and (3) apply in a proceeding for an offence 8
against this Act. 9
(2) If it is relevant to prove a person's state of mind about a particular act 10
or omission, it is enough to show-- 11
(a) the act was done or omitted to be done by a representative of the 12
person within the scope of the representative's actual or apparent 13
authority; and 14
(b) the representative had the state of mind. 15
(3) An act done or omitted to be done for a person by a representative of 16
the person within the scope of the representative's actual or apparent 17
authority is taken to have been done or omitted to be done also by the 18
person, unless the person proves the person could not, by the exercise of 19
reasonable diligence, have prevented the act or omission. 20
(4) In this section-- 21
"representative" means-- 22
(a) of a corporation--an executive officer, employee or agent of the 23
corporation; or 24
(b) of an individual--an employee or agent of the individual. 25
"state of mind" of a person includes-- 26
(a) the person's knowledge, intention, opinion, belief or purpose; and 27
(b) the person's reasons for the intention, opinion, belief or purpose. 28
s 262 135 s 264
Coal Mining Safety and Health
officers must ensure corporation complies with Act 1
Executive
262.(1) The executive officers of a corporation must ensure that the 2
corporation complies with this Act. 3
(2) If a corporation commits an offence against a provision of this Act, 4
each of the corporation's executive officers also commits an offence, 5
namely, the offence of failing to ensure that the corporation complies with 6
the provision. 7
Maximum penalty--the penalty for the contravention of the provision by an 8
individual. 9
(3) Evidence that the corporation has been convicted of an offence 10
against a provision of this Act is evidence that each of the executive officers 11
committed the offence of failing to ensure that the corporation complies 12
with the provision. 13
(4) However, it is a defence for an executive officer to prove-- 14
(a) if the officer was in a position to influence the conduct of the 15
corporation in relation to the offence--the officer exercised 16
reasonable diligence to ensure the corporation complied with the 17
provision; or 18
(b) the officer was not in a position to influence the conduct of the 19
corporation in relation to the offence. 20
21
Representation
263. A party to a proceeding under this Act may be represented by the 22
party's lawyer or agent. 23
of investigation 24
Costs
264.(1) If a court convicts a person of an offence against this Act, the 25
court may order the person to pay the department's reasonable costs of 26
investigating the offence, including reasonable costs of preparing for the 27
prosecution of the offence. 28
(2) This section does not limit the orders for costs the court may make. 29
s 265 136 s 266
Coal Mining Safety and Health
of fees 1
Recovery
265.(1) A fee payable under this Act and not paid may be recovered by 2
the chief executive-- 3
(a) in summary proceedings under the Justices Act 1886; or 4
(b) by action for a debt in a court of competent jurisdiction. 5
(2) A fee may also be recovered in a proceeding for an offence against 6
this Act. 7
(3) An order made under subsection (2) is enforceable under the Justices 8
Act 1886 as an order for payment of money made by a magistrate under 9
that Act. 10
(4) If an order is made under subsection (2)-- 11
(a) the order may be filed in the registry of a Magistrates Court; and 12
(b) on being filed, is taken to be an order made by a Magistrates 13
Court and may be enforced accordingly. 14
3--Evidentiary provisions 15
Division
of documents 16
Service
266.(1) If a document is required or permitted under this Act to be given 17
to a person, the document may be given to the person by facsimile 18
transmission directed and sent to-- 19
(a) the last transmission number given to the giver of the document 20
by the person as the facsimile transmission number for service of 21
documents on the person; or 22
(b) the facsimile transmission number operated-- 23
(i) at the address of the person last known to the giver of the 24
document; or 25
(ii) if the person is a company, at the company's registered 26
office. 27
(2) A document given in accordance with subsection (1) is taken to have 28
been given on the day the copy is transmitted. 29
s 267 137 s 269
Coal Mining Safety and Health
(3) This section does not limit any other means of giving documents 1
authorised or permitted by law including, for example, under the Acts 2
Interpretation Act 1954, part 10.36 3
document to be given to coal mine operator 4
How
267. A document to be given to a coal mine operator for a coal mine, is 5
taken to have been given to the coal mine operator if it is-- 6
(a) addressed to the coal mine operator; and 7
(b) given to the site senior executive at the coal mine. 8
PART 16--OFFENCES 9
not to encourage refusal to answer questions 10
Person
268.(1) A person must not encourage or influence, or attempt to 11
encourage or influence, by general direction, promise of advantage, threat of 12
dismissal or otherwise, a coal mine worker to refuse to answer questions 13
put to the coal mine worker by an inspector, inspection officer or industry 14
safety and health representative. 15
Maximum penalty--40 penalty units. 16
(2) To remove any doubt, subsection (1) does not apply to the provision 17
of legal advice to a coal mine worker by a lawyer. 18
inspector or inspection officers and others 19
Impersonating
269. A person must not pretend to be an inspector, inspection officer, 20
industry safety and health representative or site safety and health 21
representative. 22
Maximum penalty--40 penalty units. 23
36 Acts Interpretation Act 1954, part 10 (Service of documents)
s 270 138 s 271
Coal Mining Safety and Health
for officers 1
Protection
270.(1) A person must not disadvantage an officer for exercising the 2
officer's powers under this Act. 3
Maximum penalty--500 penalty units. 4
(2) In this section-- 5
"officer" means-- 6
(a) an inspector; or 7
(b) an inspection officer; or 8
(c) an industry safety and health representative; or 9
(d) a site safety and health representative. 10
ART 17--GENERAL 11
P
Division 1--General safety matters 12
must not be taken into an underground mine 13
Contraband
271.(1) An underground mine manager or a person authorised by the 14
underground mine manager may search a person at a coal mine who is, or 15
who may be going, underground to ensure that the person has not taken or 16
does not take contraband underground. 17
(2) A search under subsection (1) must be conducted in accordance with 18
the relevant standard operating procedure for the coal mine. 19
(3) However, a person must not be searched by a person of the opposite 20
sex and must not be requested to undress for the search. 21
(4) A search may be conducted at any time, whether or not there is a 22
suspicion that the person may have possession of contraband. 23
(5) A person may refuse to be searched. 24
(6) If a person refuses to be searched-- 25
s 272 139 s 273
Coal Mining Safety and Health
(a) if the person is underground--the person must immediately 1
return to the surface; or 2
(b) if the person is at the surface--the person must not go 3
underground. 4
Maximum penalty for subsection (6)--100 penalty units. 5
under 16 not to be employed underground 6
Children
272. The site senior executive for a coal mine must ensure that a person 7
under the age of 16 does not work as an underground coal mine worker at 8
the mine. 9
Maximum penalty--100 penalty units. 10
of persons in case of danger 11
Withdrawal
273.(1) If a coal mine is dangerous, all persons exposed to the danger 12
must withdraw to a place of safety. 13
(2) If a coal mine worker is competent and able to eliminate the danger 14
from a hazard, the worker must take the action necessary to eliminate the 15
danger. 16
Maximum penalty--100 penalty units. 17
(3) If the coal mine worker is not competent or able to eliminate the 18
danger, the worker must-- 19
(a) take measures to prevent immediate danger to other coal mine 20
workers that the worker is able reasonably to take; and 21
(b) immediately report the situation to the coal mine worker's 22
supervisor. 23
Maximum penalty--100 penalty units. 24
(4) A competent person must be appointed to assess the danger from the 25
hazard or hazards that have resulted in the withdrawal of persons to a place 26
of safety. 27
(5) Subject to subsection (6), a person must not be readmitted into the 28
coal mine or part of the coal mine that is dangerous until the persons 29
mentioned in subsection (6) have declared that risk is at an acceptable level. 30
s 274 140 s 274
Coal Mining Safety and Health
(6) The minimum number of competent persons necessary to reduce the 1
risk to an acceptable level may be readmitted to the coal mine or part of the 2
coal mine if appropriate precautions are taken so that the risk to those 3
persons is within acceptable limits. 4
(7) For this section, a coal mine is taken to be dangerous if-- 5
(a) sealing operations are to commence; or 6
(b) the coal mine or part of the coal mine has been sealed; or 7
(c) the controls detailed in a principal hazard management plan have 8
not been implemented or maintained. 9
(8) However, for this section, a coal mine is not considered dangerous 10
if-- 11
(a) sealing operations are being undertaken in an emergency and an 12
inspector has been notified; or 13
(b) sealing operations are being undertaken following written 14
acknowledgment from an inspector that sealing operations 15
comply with recognised standards and good mining practice; or 16
(c) written consent has been received from an inspector for persons 17
to be underground following a sealing. 18
(9) As soon as practicable after being appointed, the person appointed 19
under subsection (4) must enter in the mine record a report on the 20
withdrawal of persons and remedial action taken to eliminate the danger. 21
Maximum penalty--100 penalty units. 22
(10) The site senior executive must notify the inspector of any action 23
taken under this section immediately after the action is taken. 24
Maximum penalty--200 penalty units. 25
coal mine worker exposed to immediate personal danger 26
Where
274.(1) Subject to section 273(2) and (3), if a coal mine worker (the 27
"original worker") believes that there is immediate personal danger, the 28
worker has the right-- 29
(a) to remove himself or herself to a position of safety; and 30
s 275 141 s 275
Coal Mining Safety and Health
(b) to refuse to undertake a task allocated to the worker that may 1
place the worker in immediate personal danger. 2
(2) The coal mine operator for the coal mine or the coal mine operator's 3
representative must not disadvantage the coal mine worker for exercising 4
the worker's rights under subsection (1). 5
Maximum penalty--200 penalty units. 6
(3) Subsection (4) applies if the coal mine operator or the operator's 7
representative subsequently asks or directs another coal mine worker (the 8
"subsequent worker") to place himself or herself in the position from 9
which the original worker has removed himself or herself, or to undertake a 10
task that the original worker has refused to undertake. 11
(4) The operator or the operator's representative must advise the 12
subsequent worker that the original worker exercised rights under 13
subsection (1) because the original worker believed that there was a serious 14
danger to the original worker's safety or health. 15
Maximum penalty for subsection (4)--200 penalty units. 16
by coal mine worker 17
Representation
275.(1) A coal mine worker may make, either personally or by a 18
representative, a representation to an inspector or inspection officer about-- 19
(a) an alleged contravention of this Act; or 20
(b) a thing or practice at the coal mine that is, or is likely to be, 21
dangerous. 22
(2) The inspector or inspection officer must investigate the matter. 23
(3) The name of the person making a representation must not be 24
disclosed except for a prosecution under subsection (4). 25
(4) A coal mine worker must not make a false or frivolous 26
representation. 27
Maximum penalty for subsection (4)--40 penalty units. 28
s 276 142 s 277
Coal Mining Safety and Health
Division 2--Miscellaneous 1
from liability 2
Protection
276.(1) An official does not incur civil liability for an act done, or 3
omission made, honestly and without negligence under this Act. 4
(2) If subsection (1) prevents a civil liability attaching to an official, the 5
liability attaches instead to the State. 6
(3) In this section-- 7
"official" means-- 8
(a) the Minister; or 9
(b) the chief inspector; or 10
(c) an inspector; or 11
(d) an inspection officer; or 12
(e) a person acting under the direction of or helping an inspector; or 13
(f) a member of the council; or 14
(g) an industry safety and health representative; or 15
(h) a site safety and health representative. 16
ART 18--ADMINISTRATION 17
P
18
Delegations
277.(1) The Minister or chief executive may delegate his or her powers 19
under this Act to an appropriately qualified public service employee. 20
(2) However, the Minister may delegate a power under a provision 21
required under section 227(3)(c)37 to any appropriately qualified person for 22
mines rescue services. 23
37 Section 227 (Accreditation)
s 278 143 s 279
Coal Mining Safety and Health
(3) In this section-- 1
"appropriately qualified" includes having the qualifications, experience or 2
standing appropriate to exercise the power. 3
4
Example of `standing'--
5
A person's classification level in the public service.
of chief inspector's powers 6
Delegation
278.(1) The chief inspector may delegate any of the chief inspector's 7
powers to an inspector. 8
(2) However, the chief inspector may delegate a power to an inspector 9
only if the chief inspector is satisfied the inspector has the expertise and 10
experience to properly exercise the power. 11
(3) Also, the chief inspector must not delegate to an inspector the power 12
to review an inspector's directive under part 9, division 3. 13
about coal industry statistics or information 14
Notices
279.(1) The chief executive may, by notice, require a person to keep and 15
give the chief executive statistics or other information in the person's 16
custody, possession or power about the coal mining industry. 17
18
Examples of matters the notice may require--
19
1. The keeping and giving of records of production, disposal, sales and
20
employment numbers.
21
2. The compilation and giving of statistics, returns and other information,
22
including about attendance and absenteeism for work at coal mines.
23
3. That the records, statistics, returns or other information must be kept in an
24
approved form.
(2) The chief executive may, by notice, amend a notice. 25
(3) The person must comply with the notice, unless the person has a 26
reasonable excuse for not complying. 27
Maximum penalty for subsection (3)--40 penalty units. 28
s 280 144 s 282
Coal Mining Safety and Health
executive to keep records 1
Chief
280.(1) The chief executive must keep and maintain records that 2
include-- 3
(a) a database of information about-- 4
(i) hazards associated with coal mining operations and methods 5
of controlling the hazards; and 6
(ii) lost time accidents and illnesses and high potential incidents; 7
and 8
(b) plans showing the extent of operations undertaken at abandoned 9
mines; and 10
(c) current recognised standards. 11
(2) The chief executive, on payment by a person of a reasonable fee 12
decided by the chief executive, must give a person access to the records. 13
forms 14
Approved
281. The chief inspector may approve forms for use under this Act. 15
PART 19--REGULATIONS 16
power 17
Regulation-making
282.(1) The Governor in Council may make regulations under this Act. 18
(2) Without limiting subsection (1), a regulation may be made about any 19
matter mentioned in schedule 2. 20
s 283 145 s 285
Coal Mining Safety and Health
ART 20--TRANSITIONAL PROVISIONS AND 1
P
REPEALS AND CONSEQUENTIAL AMENDMENTS 2
Division 1--Definitions 3
for pt 20 4
Definitions
283. In this part-- 5
"commencement" means the commencement of this section. 6
"former Act" means the Coal Mining Act 1925. 7
2--Transitional matters 8
Division
notices 9
Existing
284.(1) A notice mentioned in subsection (3) and in force under the 10
former Act immediately before the commencement remains in force as a 11
notice for this Act. 12
(2) The notice-- 13
(a) may be amended or repealed by a regulation under this Act; and 14
(b) is to be read with the changes necessary to make it consistent with 15
this Act and adapt its operation to the provisions of this Act. 16
(3) The notices are-- 17
(a) notice of a second working extraction under part 60 of the Coal 18
Mining (Underground Coal Mines) General Rule 1983; and 19
(b) notice of sealing under part 3.1C of the Coal Mining 20
(Underground Coal Mines) General Rule 1983. 21
certificates of competency 22
Existing
285. If a certificate of competency issued by the board of examiners 23
under the former Act and in force at the commencement is mentioned in 24
this Act, it is taken to be a certificate of competency granted under this Act. 25
s 286 146 s 290
Coal Mining Safety and Health
by inspector 1
Approvals
286. If an approval of the chief inspector or an inspector for a stated use 2
for stated plant is in force under the former Act immediately before the 3
commencement, and a certificate by a nationally accredited testing station is 4
required under this Act for the stated use for the plant, the approval of the 5
chief inspector or inspector is taken to be a certificate given under this Act. 6
of examiners 7
Board
287.(1) The board of examiners established under the Mines Regulation 8
Act 1964 is taken to be the board of examiners under this Act for 6 months 9
after the commencement. 10
(2) A person who immediately before the commencement was a 11
member of the board of examiners continues to be a member for 6 months 12
after the commencement. 13
(3) To remove doubt, for this Act, the board of examiners has only the 14
functions and powers set out in this Act. 15
rescue performance criteria 16
Mines
288. Mines rescue performance criteria fixed and notified by the Minister 17
under section 103O of the former Act and in force immediately before the 18
commencement are taken to be mines rescue performance criteria fixed and 19
notified by the Minister under section 233 of this Act. 20
chief inspector to be chief inspector 21
Existing
289. A person who, immediately before the commencement, was the 22
chief inspector of coal mines under the former Act, is taken to be appointed 23
as the chief inspector under this Act. 24
inspector to be inspector 25
Existing
290. A person who, immediately before the commencement, was an 26
inspector under the former Act is taken to be appointed as an inspector 27
under this Act. 28
s 291 147 s 296
Coal Mining Safety and Health
inspection officer to be inspection officer 1
Existing
291. A person who, immediately before the commencement, was an 2
inspection officer under the former Act is taken to be appointed as an 3
inspection officer under this Act. 4
district union inspectors 5
Existing
292. A person who, immediately before the commencement, was a 6
district union inspector under the former Act is taken to be appointed as an 7
industry safety and health representative under this Act until 30 June 2000. 8
miners' officer to be site safety and health representative 9
Existing
293. A person who, immediately before the commencement, was a 10
miners' officer under the former Act is taken to be a site safety and health 11
representative under this Act and may, subject to this Act, continue to be a 12
site safety and health representative for 6 months after the commencement. 13
record book taken to be mine record 14
Mine
294. The record book for a mine under the former Act is taken to be the 15
mine record for the mine under this Act. 16
about coal industry statistics or information 17
Notices
295. A notice under section 110 of the former Act and in force 18
immediately before the commencement is taken to be a notice by the chief 19
executive under section 279.38 20
Industry Employees' Health Scheme 21
Coal
296.(1) The Coal Industry Employees' Health Scheme Order 1993 22
under the former Act, as in force immediately before the commencement, 23
continues in force as a regulation under this Act and may be cited as a Coal 24
Mining (Industry Employees' Health Scheme) Regulation 1993. 25
38 Section 279 (Notices about coal industry statistics or information)
s 297 148 s 299
Coal Mining Safety and Health
(2) A reference in the regulation to the former entity is taken to be a 1
reference to the chief executive. 2
may finish inquiry into accident 3
Warden
297.(1) If a warden has started an inquiry into an accident under the 4
former Act and the inquiry has not been finished at the commencement, the 5
warden may finish the inquiry under the former Act as if it had not been 6
repealed. 7
(2) In this section-- 8
"warden" means a warden under the Mineral Resources Act 1989. 9
3--Repeals 10
Division
11
Repeals
298. The following Acts are repealed-- 12
(a) Coal Mining Act 1925; 13
(b) Coal Mining Act Amendment Act 1928. 14
4--Consequential amendments 15
Division
amended 16
Acts
299. Schedule 1 amends the Acts mentioned in it. 17
18
149
Coal Mining Safety and Health
CHEDULE 1 1
¡S
CONSEQUENTIAL AMENDMENTS 2
section 299 3
CORONERS ACT 1958 4
´
1. Section 4(1)(b), `Coal Mining Act 1925'-- 5
omit, insert-- 6
`Coal Mining Safety and Health Act 1999'. 7
VIDENCE ACT 1977 8
´E
1. Section 57(1), first dot point, `Coal Mining Act 1925'-- 9
omit, insert-- 10
`Coal Mining Safety and Health Act 1999'. 11
XPLOSIVES ACT 1952 12
´E
1. Section 6(3), `Coal Mining Act 1925'-- 13
omit, insert-- 14
`Coal Mining Safety and Health Act 1999'. 15
2. Section 35A(2), `Coal Mining Act 1925'-- 16
omit, insert-- 17
`Coal Mining Safety and Health Act 1999'. 18
150
Coal Mining Safety and Health
SCHEDULE 1 (continued)
FIRE AND RESCUE AUTHORITY ACT 1990 1
´
1. Section 95(1)(b), `Coal Mining Act 1925'-- 2
omit, insert-- 3
`Coal Mining Safety and Health Act 1999'. 4
2. Section 104A, definition "building", paragraph (b), `Coal Mining 5
Act 1925'-- 6
omit, insert-- 7
`Coal Mining Safety and Health Act 1999'. 8
FOREIGN OWNERSHIP OF LAND REGISTER ACT 9
´
1988 10
1. Section 4, definition "interest in land", paragraph (o), `Coal Mining 11
Act 1925'-- 12
omit, insert-- 13
`Coal Mining Safety and Health Act 1999'. 14
FORESTRY ACT 1959 15
´
1. Section 5, definition "Mining Acts", `Coal Mining Act 1925'-- 16
omit, insert-- 17
`Coal Mining Safety and Health Act 1999'. 18
151
Coal Mining Safety and Health
SCHEDULE 1 (continued)
REEDOM OF INFORMATION ACT 1992 1
´F
1. After section 42(1)-- 2
insert-- 3
`(1A) Matter is also exempt matter if-- 4
(a) it consists of information given in the course of an investigation 5
of a contravention or possible contravention of the law (including 6
revenue law); and 7
(b) the information was given under compulsion under an Act that 8
abrogated the privilege against self-incrimination.'. 9
ROPERTY LAW ACT 1974 10
´P
1. Section 3, definition "Coal Mining Act", `Coal Mining Act 1925'-- 11
omit, insert-- 12
`Coal Mining Safety and Health Act 1999'. 13
QUEENSLAND INTERNATIONAL TOURIST 14
´
CENTRE AGREEMENT ACT REPEAL ACT 1989 15
1. Section 18, third dot point, `Coal Mining Act 1925'-- 16
omit, insert-- 17
`Coal Mining Safety and Health Act 1999'. 18
152
Coal Mining Safety and Health
SCHEDULE 1 (continued)
ORKPLACE HEALTH AND SAFETY ACT 1995 1
´W
1. Section 3(1)(a)-- 2
omit, insert-- 3
`(a) a coal mine to which the Coal Mining Safety and Health Act 1999 4
applies; or'. 5
6
153
Coal Mining Safety and Health
CHEDULE 2 1
¡S
SUBJECT MATTER FOR REGULATIONS 2
section 282 3
PART 1--GENERAL 4
1. The performance objectives used to achieve an acceptable level of risk. 5
6
Example of matters under item 1--
7
Prescribing that procedures must be developed and implemented to control
8
exposure to noise at a coal mine.
2. Prohibiting anything or, prescribing anything, to achieve an acceptable 9
level of risk. 10
11
Example of item 2--
12
Prescribing the level of respirable dust that is acceptable at a coal mine.
3. Matters of an administrative nature. 13
14
Example of item 3--
15
Notice of an accident at a coal mine.
4. Fees payable under this Act. 16
5. Creating offences and prescribing penalties of not more than 17
400 penalty units for offences against the regulation. 18
PART 2--MATTERS ABOUT SAFETY AND HEALTH 19
6. Coal mining operations and installations and equipment at coal mines, 20
including the operation of the working environment; 21
154
Coal Mining Safety and Health
SCHEDULE 2 (continued)
7. Prescribing standard operating procedures and requirements for coal 1
mines, including for emergencies at coal mines. 2
8. Ways to investigate for, identify and assess hazards at coal mines. 3
9. Prescribing the tasks for which the council is to establish and publish 4
competencies. 5
10. Investigations and reports by coal mine operators of accidents and 6
incidents at coal mines. 7
11. Reports of diseases affecting coal mine workers. 8
12. Prescribing activities at coal mines for which standard operating 9
procedures are to be developed and situations in which those procedures 10
must be developed. 11
13. Prescribing activities at coal mines for which principal hazard 12
management plans must be developed. 13
14. Records to be kept and returns to be lodged by coal mine operators 14
and requirements as to inspection of the records. 15
15. Notices to be given and the persons by whom and to whom the 16
notices are to be given. 17
16. Mines rescue capability or the provision of mines rescue services 18
under part 13. 19
17. Prohibiting the consumption or ingestion of alcohol or another 20
substance that could impair the ability of persons to adequately and safely 21
carry out their duties or that may endanger the life, safety or health of 22
anyone at a coal mine. 23
18. Prohibiting a person carrying out activities at a coal mine while under 24
the influence of alcohol or another substance that could impair the ability of 25
a person to adequately and safely carry out their duties or that may endanger 26
the life, safety or health of anyone at a coal mine. 27
19. The mine record, its custody and care, information to be entered in it 28
and persons who may be required to make entries. 29
20. Materials or objects to be classified as contraband. 30
21. Proceedings of the board of examiners. 31
155
Coal Mining Safety and Health
SCHEDULE 2 (continued)
22. Proceedings of the council. 1
23. Safety and health duties of coal mine workers, including reporting 2
requirements. 3
24. Monitoring requirements to safeguard safety and health. 4
25. Design requirements, monitoring, testing and other safeguards for 5
the use of electrical equipment and electricity. 6
26. Design requirements, monitoring, testing and other safeguards for 7
the use of mechanical equipment and appliances. 8
27. The equipment for which certificates must be obtained from 9
nationally accredited testing stations. 10
28. Requirements for the safe use of explosives. 11
29. Exposure levels for toxic chemicals, substances and other potentially 12
debilitating disturbances that may affect health. 13
30. Protection barriers or other precautions necessary to protect coal 14
mines from hazards that may engulf workings. 15
31. Exits in underground mines from workings to surface. 16
32. Survey plans, including how often plans must be given to the chief 17
executive. 18
33. Special rules that may from time to time be required to address health 19
or safety problems at a specified mine. 20
34. The health of persons employed or to be employed at a coal mine, 21
including about-- 22
(a) the appointment, qualifications and removal of doctors for coal 23
mines; or 24
(b) pre-employment and periodic medical examinations and health 25
assessments to decide a person's fitness for work at a coal mine; 26
or 27
(c) the ownership, storage, confidentiality and release of the results of 28
medical examinations and health assessments; or 29
156
Coal Mining Safety and Health
SCHEDULE 2 (continued)
(d) reciprocal arrangements between coal mining operations for the 1
exchange of information or the recognition of medical 2
examinations or health assessments. 3
35. Matters relating to common survey standards. 4
36. The responsibilities and duties of open-cut examiners. 5
37. Without limiting items 6 to 36, another matter about safety and 6
health. 7
8
157
Coal Mining Safety and Health
CHEDULE 3 1
¡S
ICTIONARY 2
D
section 8 3
"acceptable level" of risk to a person from coal mining operations, see 4
section 29. 5
"accident" see section 15. 6
"accredited corporation", for part 13, means a corporation accredited 7
under section 227. 8
"attendance notice" see section 213. 9
"board of examiners" see sections 184 and 287. 10
"bodily harm" see Criminal Code, section 1. 11
"certificate of competency" means a certificate of competency granted by 12
the board of examiners under this Act. 13
"chief inspector" means the chief inspector of coal mines. 14
"coal mine"-- 15
(a) generally, see section 9; or 16
(b) for a person who is in control of, has responsibility for or is 17
appointed for a separate part of a surface mine, means the part of 18
the mine for which the person has control, responsibility or is 19
appointed. 20
"coal mining operations" means activities, including on-site activities, 21
carried out at a coal mine that are associated with the following in 22
relation to coal-- 23
(a) exploration; 24
(b) extracting; 25
(c) the processing and treatment; 26
158
Coal Mining Safety and Health
SCHEDULE 3 (continued)
(d) installing and maintaining equipment used for extraction, 1
processing and treatment. 2
"coal mine operator" see section 21. 3
"coal mine worker" means an individual who carries out work at a coal 4
mine and includes the following individuals who carry out work at a 5
coal mine-- 6
(a) an employee of the coal mine operator; 7
(b) a contractor or employee of a contractor. 8
"commute system" means a schedule specifying the regular periods when 9
underground mine managers and other supervisors and their alternates 10
are to assume their duties at a coal mine. 11
"competence", for a task at a coal mine, see section 12. 12
"consultation", with coal mine workers, see section 13. 13
"contraband" is material that by its hazardous nature presents an 14
unacceptable risk if taken underground. 15
"conviction" includes a plea of guilty or a finding of guilt by a court even 16
though a conviction is not recorded. 17
"council" see section 75. 18
"executive officer" of a corporation means a person who is-- 19
(a) a member of the governing body of the corporation; or 20
(b) concerned with, or takes part in, the corporations management, 21
whatever the person's position is called and whether or not the 22
person is a director of the corporation. 23
"exploration permit" means an exploration permit granted under the 24
Mineral Resources Act 1989. 25
"explosion risk zone" means any part of a mine on the return side of a 26
place where a methane level equal to or greater than a level prescribed 27
by regulation is likely to be found. 28
"explosive" has the meaning given in the Explosives Act 1999. 29
"geographically separated" see section 22. 30
159
Coal Mining Safety and Health
SCHEDULE 3 (continued)
"grievous bodily harm" see Criminal Code, section 1. 1
"hazard" see section 19. 2
"high potential incident" see section 17. 3
"holder", for a coal mine, means the holder under the Mineral Resources 4
Act 1989 of a exploration permit, mineral development licence or 5
mining lease for the coal mine. 6
"industrial organisation" means an association of employers or 7
employees registered under the Industrial Organisations Act 1997 as 8
an industrial organisation of employers or employees. 9
"industry safety and health representative" see section 109. 10
"inspection officer" means a person appointed an inspection officer under 11
this Act. 12
"inspector"-- 13
(a) generally, means a person appointed as an inspector under this 14
Act; and 15
(b) for part 10, see section 183. 16
"mine", for part 13, see section 220. 17
"mine record" see section 68. 18
"mineral development licence" means a mineral development licence 19
granted under the Mineral Resources Act 1989. 20
"mines rescue agreement" see section 222(1). 21
"mines rescue capability" see section 221. 22
"mines rescue services" see section 232(a). 23
"mining lease" means a mining lease granted under the Mineral Resources 24
Act 1989. 25
"mining project" means coal mining carried on under 2 or more mining 26
leases as a single integrated undertaking. 27
"mining tenure" means an exploration permit, mineral development 28
licence or mining lease granted under the Mineral Resources Act 1989. 29
160
Coal Mining Safety and Health
SCHEDULE 3 (continued)
"notice" means signed written notice. 1
"obstruct" includes hinder, resist and attempt to obstruct. 2
"on-site activities" see section 10. 3
"party", to a mines rescue agreement, see section 222(2). 4
"performance criteria" means the performance criteria fixed under 5
section 233. 6
"physical overlapping of coal mining operations" see section 23. 7
"plant" includes-- 8
(a) machinery, equipment, appliance, pressure vessel, implement and 9
tool; and 10
(b) personal protective equipment; and 11
(c) a component of plant and a fitting, connection, accessory or 12
adjunct to plant. 13
"principal hazard" see section 20. 14
"principal hazard management plan" see section 63. 15
"product" includes as mined material, waste material, treated and semi 16
treated material. 17
"recognised standard" see section 71. 18
"residual risk" means the remaining level of risk after measures to control 19
risk have been taken under this Act. 20
"risk" see section 18. 21
"safety and health" see section 11. 22
"safety and health management system" see section 62. 23
"safety and health obligations" see section 33. 24
"separate part of a surface mine" see section 21(4). 25
"serious accident" see section 16. 26
"site safety and health representative" see section 93. 27
"site senior executive", for a coal mine, see section 25. 28
161
Coal Mining Safety and Health
SCHEDULE 3 (continued)
"standard operating procedure" see section 14. 1
"supervisor" see section 26. 2
"supplier" of plant, equipment or goods, means a person who contracts to 3
supply plant, equipment or goods to coal mine operators. 4
"surface mine" means-- 5
(a) a coal mine other than an underground coal mine; or 6
(b) the surface operations of an underground coal mine. 7
"surface mine excavation" means an area where extraction operations are 8
being conducted, and includes an area beyond the main working 9
face-- 10
(a) in which shot holes are being charged; or 11
(b) being prepared for the extraction of coal. 12
"treatment" means any process carried out with the objective of preparing 13
material won in a coal mining operation for its end purpose. 14
"unacceptable level of risk" means risk that is not at an acceptable level. 15
"underground mine" means a coal mine where coal mine workers 16
normally work beneath the surface of the earth, and includes 17
structures, apparatus and equipment that extend continuously from the 18
surface into an underground mine, but does not include the surface 19
operations of the mine. 20
"union" means the Construction Forestry Mining and Energy 21
Union--Mining and Energy Division Queensland District Branch. 22
©State of Queensland 1999
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