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This is a Bill, not an Act. For current law, see the Acts databases.


MINES SAFETY AND INSPECTION AMENDMENT BILL 2007

                   Western Australia


Mines Safety and Inspection Amendment
               Bill 2007

                      CONTENTS


1.    Short title                                             2
2.    Commencement                                            2
3.    The Act amended                                         2
4.    Section 4 amended                                       2
5.    Section 15A amended                                     3
6.    Section 15B amended                                     3
7.    Section 15C amended                                     3
8.    Section 31AY amended                                    4
9.    Section 31BA amended                                    4
10.   Section 34 amended                                      4
11.   Section 35 amended                                      5
12.   Section 37 amended                                      5
13.   Section 38A amended                                     5
14.   Section 40 amended                                      6
15.   Section 41 amended                                      6
16.   Section 43 amended                                      7
17.   Section 43A amended                                     7
18.   Section 46A inserted                                    7
      46A.     Appointment of exploration manager       7
19.   Section 47 amended                                      8
20.   Section 47A inserted                                   10
      47A.     Exploration manager to be treated as a
               manager in certain circumstances         10
21.   Section 51 amended                                     10
22.   Section 53 amended                                     11
23.   Section 55 amended                                     11
24.   Section 56 amended                                     11
25.   Section 60 amended                                     11
26.   Section 77 amended                                     12
27.   Section 78 amended                                     12

                         210--1                               page i
Mines Safety and Inspection Amendment Bill 2007



Contents



      28.    Section 81 amended                                12
      29.    Section 85 amended                                12
      30.    Section 89 amended                                13
      31.    Section 102 amended                               13
      32.    Section 102AA inserted                            13
             102AA.   Review of State mining engineer's
                      decisions under the regulations     13
      33.    Section 104 amended                               14
      34.    Section 105 amended                               15




page ii
                           Western Australia


                     LEGISLATIVE ASSEMBLY



     Mines Safety and Inspection Amendment
                    Bill 2007


                               A Bill for


An Act to amend the Mines Safety and Inspection Act 1994.



The Parliament of Western Australia enacts as follows:




                                                            page 1
     Mines Safety and Inspection Amendment Bill 2007



     s. 1




     1.       Short title
              This is the Mines Safety and Inspection Amendment Act 2007.

     2.       Commencement
              This Act comes into operation as follows:
 5             (a) sections 1 and 2 -- on the day on which this Act
                     receives the Royal Assent;
               (b) the rest of the Act -- on the day after that day.

     3.       The Act amended
              The amendments in this Act are to the Mines Safety and
10            Inspection Act 1994*.
              [* Reprint 3 as at 10 June 2005.
                 For subsequent amendments see Western Australian
                 Legislation Information Tables for 2006, Table 1.]

     4.       Section 4 amended
15            Section 4(1) is amended as follows:
                (a) by inserting in the appropriate alphabetical position --
              "
                        "exploration manager", in relation to particular
                            exploration operations, means a person who is
20                          appointed exploration manager for those
                            operations under section 46A;
                                                                                  ";
                  (b)    by deleting the definition of "principal employer" and
                         inserting instead --
25            "
                        "principal employer" --
                            (a) in relation to a mine (other than a mine
                                 where only exploration operations are being
                                 carried out), means the employer who is the

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                                Mines Safety and Inspection Amendment Bill 2007



                                                                               s. 5



                                proprietor, lessee, or occupier of the mine
                                and who has overall control and supervision
                                of the mine, mining operations at the mine
                                and the manager of the mine; and
 5                        (b)   in relation to a mine where only exploration
                                operations are being carried out, means the
                                employer who has overall control and
                                supervision of the exploration operations at
                                the mine and the exploration manager
10                              appointed for those operations;
                                                                                ".

     5.         Section 15A amended
          (1)   Section 15A(2) is amended by deleting "section 9 has" and
                inserting instead --
15              "   sections 9 and 9A have     ".
          (2)   Section 15A(3) is amended by inserting after "subsection (4)
                apply" --
                "   , and sections 10A and 15E have effect   ".

     6.         Section 15B amended
20        (1)   Section 15B(2) is amended by deleting "section 9 has" and
                inserting instead --
                "   sections 9 and 9A have     ".
          (2)   Section 15B(3) is amended by deleting "section 10 has" and
                inserting instead --
25              "   sections 10 and 10A have        ".

     7.         Section 15C amended
          (1)   Section 15C(4) is amended by deleting "section 9 has" and
                inserting instead --
                "   sections 9 and 9A have     ".

                                                                         page 3
     Mines Safety and Inspection Amendment Bill 2007



     s. 8



           (2)       Section 15C(5) is amended by deleting "section 10 has" and
                     inserting instead --
                     "     sections 10 and 10A have      ".

     8.              Section 31AY amended
 5         (1)       Section 31AY(3) is amended as follows:
                         (a)    by deleting "may be made only in the prescribed form
                                duly completed" and inserting instead --
                                " must be made in writing ";
                         (b)    in paragraphs (a) and (b) by deleting "must be made".
10         (2)       Section 31AY(4) is amended by deleting "duly completed
                     prescribed form" and inserting instead --
                     "     reference    ".

     9.              Section 31BA amended
           (1)       Section 31BA(2) is repealed and the following subsection is
15                   inserted instead --
                 "
                     (2)       A reference under subsection (1) must be made in
                               writing and within --
                                (a) 7 days after the day on which the person
20                                     received notice of the decision; or
                                (b)    such further period as the Tribunal may allow.
                                                                                        ".
           (2)       Section 31BA(3) is amended by deleting "duly completed
                     prescribed form" and inserting instead --
25                   "     reference    ".

     10.             Section 34 amended
           (1)       Section 34(1), (2) and (3) are each amended by deleting the
                     penalty at the foot of the subsection.


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                                     Mines Safety and Inspection Amendment Bill 2007



                                                                                    s. 11



           (2)        After section 34(5) the following subsection is inserted --
                 "
                      (6)   A person who contravenes subsection (1), (2) or (3)
                            commits an offence.
 5                                                                                      ".

     11.              Section 35 amended
           (1)        Section 35(1) is amended by deleting the penalty at the foot of
                      the subsection.
           (2)        After section 35(1) the following subsection is inserted --
10               "
                     (1a)   A principal employer who contravenes subsection (1)
                            commits an offence.
                                                                                        ".

     12.              Section 37 amended
15         (1)        Section 37(1) is amended by deleting the penalty at the foot of
                      the subsection.
           (2)        After section 37(1) the following subsection is inserted --
                 "
                     (1a)   A principal employer who contravenes subsection (1)
20                          commits an offence.
                                                                                        ".

     13.              Section 38A amended
           (1)        Section 38A(1), (3) and (5) are each amended by deleting the
                      penalty at the foot of the subsection.
25         (2)        After section 38A(6) the following subsection is inserted --
                 "
                      (7)   A person who contravenes subsection (1), (3) or (5)
                            commits an offence.
                                                                                        ".


                                                                                   page 5
     Mines Safety and Inspection Amendment Bill 2007



     s. 14



     14.              Section 40 amended
           (1)        Section 40(1) and (2) are each amended by deleting the penalty
                      at the foot of the subsection.
           (2)        After section 40(2) the following subsection is inserted --
 5               "
                     (2a)    A person who contravenes subsection (1) or (2)
                             commits an offence.
                                                                                       ".
     15.              Section 41 amended
10         (1)        Section 41 is amended as follows:
                        (a) by inserting before "If " the subsection designation
                              "(1)";
                       (b) after paragraph (b) by deleting the comma and
                              inserting --
15                          "
                                     ; or
                              (c) in the case of exploration operations where a
                                     registered manager need not be appointed
                                     because of section 33(7) (other than operations
20                                   to which section 33(6) applies), under the
                                     control and supervision of a registered manager
                                     or an exploration manager,
                                                                                       ";
                       (c)    by deleting all of the section from and including
25                            "commits an offence" and inserting instead --
                              " commits an offence. ".
           (2)        At the end of section 41 the following subsection is inserted --
                 "
                      (2)    Where the principal employer commits an offence
30                           against subsection (1), the offence is deemed to
                             continue while the mine is so worked and section 95(2)
                             applies in respect of that continuing offence.
                                                                                       ".

     page 6
                                     Mines Safety and Inspection Amendment Bill 2007



                                                                                    s. 16



     16.              Section 43 amended
           (1)        Section 43(2) is amended by deleting the penalty at the foot of
                      the subsection.
           (2)        After section 43(2) the following subsection is inserted --
 5               "
                      (3)   A manager who contravenes subsection (2) commits an
                            offence.
                                                                                        ".

     17.              Section 43A amended
10         (1)        After section 43A(2) the following subsection is inserted --
                 "
                     (2a)   An underground manager who contravenes
                            subsection (2) commits an offence.
                                                                                        ".
15         (2)        Section 43A(4) is amended by deleting the penalty at the foot of
                      the subsection.
           (3)        After section 43A(4) the following subsection is inserted --
                 "
                      (5)   A quarry manager who contravenes subsection (4)
20                          commits an offence.
                                                                                        ".

     18.              Section 46A inserted
                      After section 46 the following section is inserted --
     "
25           46A.           Appointment of exploration manager
                      (1)   Before exploration operations begin at a mine, the
                            principal employer must appoint an exploration
                            manager for those operations and, while those
                            operations continue, must ensure that an exploration
30                          manager is appointed for those operations.

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     Mines Safety and Inspection Amendment Bill 2007



     s. 19



                 (2)    If exploration operations are carried out by a syndicate
                        or other association of persons in such a way that no
                        person is employed in those operations, no exploration
                        manager is required and the members of that entity or
 5                      partnership or those persons are jointly and severally
                        responsible for the performance of those duties and
                        responsibilities which are, in the circumstances
                        described in section 47A(1), imposed on exploration
                        managers under this Act, so far as those duties and
10                      responsibilities apply to an operation without
                        employees.
                 (3)    Subsection (1) does not prevent the registered manager
                        for the mine (if there is one) from being appointed as
                        the exploration manager for those operations.
15               (4)    A principal employer who contravenes subsection (1)
                        commits an offence.
                                                                                   ".

     19.         Section 47 amended
           (1)   Section 47(1) is amended as follows:
20                 (a) by deleting "owned by a person who owns" and
                        inserting instead --
                        " held by a person who holds ";
                  (b) by deleting "activities" and inserting instead --
                        " operations ".
25         (2)   Section 47(2) is amended as follows:
                  (a)    by deleting "If a registered manager does not give the
                         notice referred to in subsection (1) or exploration
                         operations are carried out on a mining tenement other
                         than one to which subsection (1) refers, the owner of a
30                       mining tenement on which exploration operations are
                         being carried out" and inserting instead --



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                              Mines Safety and Inspection Amendment Bill 2007



                                                                           s. 19



           "
                     If exploration operations at a mine are not under the
                     control of a registered manager because a registered
                     manager is not required under section 33(7) for those
 5                   operations and, for a mine to which subsection (1)
                     applies, no notice has been given under that subsection,
                     the principal employer
                                                                                ";
               (b)    in paragraph (a) by deleting "the State for that owner"
10                    and inserting instead --
                      " those operations ";
               (c)    in paragraph (b) by deleting "that owner" and inserting
                      instead --
                      " the principal employer ".
15   (3)   Section 47(2), (3) and (4) are each amended by deleting the
           penalty at the foot of the subsection.
     (4)   Section 47(4) is amended by deleting "nominated as" and
           inserting instead --
           "    notified as being     ".
20   (5)   Section 47(5) is amended as follows:
               (a)    by deleting "exploration manager or nomination under
                      subsection (2)(b)" and inserting instead --
                      " notification under subsection (2) ";
               (b)    by deleting all of the subsection from and including
25                    "responsibilities which are" and inserting instead --
           "
                     responsibilities which are --
                       (a) in the circumstances described in
                            section 47A(1), imposed on exploration
30                          managers under this Act; or




                                                                         page 9
     Mines Safety and Inspection Amendment Bill 2007



     s. 20



                             (b)   imposed on persons referred to in
                                   subsection (2)(b) under this Act.
                                                                                       ".
           (6)       After section 47(5) the following subsection is inserted --
 5               "
                     (6)   A person who contravenes subsection (2), (3) or (4)
                           commits an offence.
                                                                                       ".

     20.             Section 47A inserted
10                   After section 47 the following section is inserted in
                     Division 1 --
     "
             47A.          Exploration manager to be treated as a manager in
                           certain circumstances
15                   (1)   If exploration operations at a mine are not under the
                           control of a registered manager because a registered
                           manager is not required under section 33(7) for those
                           operations and no notice has been given under
                           section 47(1), then, for the purposes of this Act, the
20                         exploration manager appointed for those operations is
                           to be treated as a manager of a mine in respect of those
                           operations, to the extent to which that is relevant to
                           those operations.
                     (2)   Subsection (1) does not apply to exploration operations
25                         to which section 46A(2) applies.
                                                                                       ".

     21.             Section 51 amended
           (1)       Section 51(3) is amended by deleting the penalty at the foot of
                     the subsection.




     page 10
                                            Mines Safety and Inspection Amendment Bill 2007



                                                                                      s. 22



           (2)       After section 51(3) the following subsection is inserted --
                 "
                     (4)     A person who contravenes subsection (3) commits an
                             offence.
 5                                                                                       ".

     22.             Section 53 amended
                     Section 53(2) is amended by deleting "Part" and inserting
                     instead --
                     "     Act    ".

10   23.             Section 55 amended
                     Section 55(4) is amended as follows:
                       (a) by deleting paragraph (b);
                      (b) after each of paragraphs (a) and (ba) by inserting --
                            " and ".

15   24.             Section 56 amended
           (1)       Section 56(8b)(b) is amended by deleting "a least" and inserting
                     instead --
                     "     at least    ".
           (2)       Section 56(10)(b) is amended as follows:
20                     (a) by deleting "prescribed form" and inserting instead --
                            " form approved by the State mining engineer ";
                      (b) by deleting "prescribed in" and inserting instead --
                            " required by ".

     25.             Section 60 amended
25                   Section 60(7) is amended by deleting "Part" and inserting
                     instead --
                     "     Act    ".

                                                                                   page 11
     Mines Safety and Inspection Amendment Bill 2007



     s. 26



     26.              Section 77 amended
           (1)        Section 77(1) and (2) are each amended by deleting the penalty
                      at the foot of the subsection.
           (2)        After section 77(2) the following subsection is inserted --
 5               "
                     (2a)   A manager who contravenes subsection (1) or (2)
                            commits an offence.
                                                                                        ".

     27.              Section 78 amended
10         (1)        Section 78(1) and (2) are each amended by deleting the penalty
                      at the foot of the subsection.
           (2)        After section 78(2) the following subsection is inserted --
                 "
                     (2a)   A manager who contravenes subsection (1) or (2)
15                          commits an offence.
                                                                                        ".

     28.              Section 81 amended
           (1)        Section 81 is amended as follows:
                        (a) by inserting before "A person" the subsection
20                           designation "(1)";
                       (b) by deleting the penalty at the foot of the section.
           (2)        At the end of section 81 the following subsection is inserted --
                 "
                      (2)   A person who contravenes subsection (1) commits an
25                          offence.
                                                                                        ".

     29.              Section 85 amended
           (1)        Section 85(3) is amended by deleting the penalty at the foot of
                      the subsection.

     page 12
                                       Mines Safety and Inspection Amendment Bill 2007



                                                                                          s. 30



           (2)        After section 85(3) the following subsection is inserted --
                 "
                      (4)     A person who contravenes subsection (3) commits an
                              offence.
 5                                                                                          ".
     30.              Section 89 amended
           (1)        Section 89(1) is amended by deleting the penalty at the foot of
                      the subsection.
           (2)        After section 89(1a) the following subsection is inserted --
10               "
                     (1b)     A manager who contravenes subsection (1) commits an
                              offence.
                                                                                            ".
     31.              Section 102 amended
15         (1)        Section 102(1)(a) is amended by deleting "or 74(2)" and
                      inserting instead --
                      "     , 74(2) or 102AA(2)    ".
           (2)        Section 102(4) is amended by deleting "of the" in the first place
                      where it occurs.

20   32.              Section 102AA inserted
                      After section 102 the following section is inserted in Part 9
                      Division 3 --
     "
             102AA. Review of State mining engineer's decisions under
25                  the regulations
                      (1)     In this section --
                              "reviewable decision" means a decision of the State
                                   mining engineer under a provision of the
                                   regulations that is specified in the regulations for
30                                 the purposes of this definition.

                                                                                    page 13
     Mines Safety and Inspection Amendment Bill 2007



     s. 33



               (2)   If a person is not satisfied with a reviewable decision
                     the person may refer the decision to the Tribunal for
                     review.
               (3)   A reference under subsection (2) must be made in
 5                   writing and within 14 days after that day on which the
                     person received notice of the decision.
               (4)   On a reference under subsection (2), the Tribunal is to
                     inquire into the circumstances relating to the decision
                     and may --
10                     (a) affirm the decision; or
                       (b) affirm the decision with such modifications as
                             the Tribunal thinks fit; or
                       (c) revoke the decision and substitute for the
                             decision any decision that the Tribunal thinks
15                           fit.
               (5)   A review of a reviewable decision is to be in the nature
                     of a rehearing.
               (6)   Pending the decision on a reference under
                     subsection (2), the operation of the reviewable decision
20                   continues, unless the Tribunal orders otherwise.
                                                                                ".

     33.       Section 104 amended
               Section 104(1) is amended after paragraph (zn) by deleting the
               full stop and inserting --
25                    "
                            ;
                     (zo)   providing for the review by the State mining
                            engineer of decisions of other persons under the
                            regulations, including decisions of other
30                          persons as delegates of the State mining
                            engineer.
                                                                                ".

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                                    Mines Safety and Inspection Amendment Bill 2007



                                                                                  s. 34



     34.             Section 105 amended
           (1)       Section 105 is amended as follows:
                       (a) by inserting before "In order" the subsection
                            designation "(1)";
 5                    (b) by deleting the penalty at the foot of the section.
           (2)       At the end of section 105 the following subsection is inserted --
                 "
                     (2)   A person who contravenes subsection (1) commits an
                           offence.
10                                                                                   ".




 


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