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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Coal Industry Bill 2001
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Notes 4
Part 2 Dissolution of Joint Coal Board and Mines Rescue
Board
5 Dissolution of Joint Coal Board 5
6 Transfer of assets, rights and liabilities of Joint Coal Board 5
7 Transfer of specified assets, rights and liabilities of Joint
Coal Board 5
8 Dissolution of Mines Rescue Board 6
Coal Industry Bill 2001
Contents
Page
Part 3 Approved companies
Division 1 Approval of companies
9 Minister may approve of one or more companies 7
Division 2 Functions of approved companies
10 General functions 8
11 Ancillary functions 10
12 Powers relating to health of mine workers 10
13 Orders of approved company 10
Division 3 Principal functions of mines rescue company
14 Principal mines rescue functions 11
15 Ancillary function of mines rescue company 12
16 Discretionary functions--rescue services for other mines 12
17 Discretionary functions--non-rescue services for mines
and others 12
18 Discretionary functions may be exercised anywhere 13
19 Owners of coal mines to make contributions to fund mines
rescue functions 13
20 Mines rescue company to serve notice of contribution
payable on owner of coal mine 14
21 Money due to mines rescue company 14
Division 4 General financial matters
22 No fees for certain services 15
23 Approved companies not subject to certain State taxes 15
24 Workers compensation funds 15
Division 5 Appointment and powers of inspectors
25 Approved companies may appoint inspectors 16
26 Powers of inspectors to carry out searches 16
27 Power to require information 17
28 Retention of books, records and documents 18
29 Exoneration from personal liability 18
Contents page 2
Coal Industry Bill 2001
Contents
Page
Division 6 Certain obligations of owners and managers
of coal mines and employers in the coal
industry in relation to approved companies
30 Contributions to be paid by due date 18
31 Workers compensation 19
32 Co-operation with inspectors 20
Part 4 New South Wales Mines Rescue Brigade
Division 1 Establishment, functions and composition of
Brigade
33 Establishment of Mines Rescue Brigade 21
34 Functions of Brigade 21
35 Composition of Brigade 21
Division 2 Determination of requirements for Brigade
36 Determination of mines rescue company with respect to
mine rescue personnel, equipment and storage facilities 21
37 Compliance with determination 22
38 Modification of owner's obligation to comply with
determination 23
39 Right to apply for review of determination 23
Division 3 Appointment and termination of appointment
of members of Brigade
40 Appointment of members of Brigade 24
41 Termination of appointment of members of Brigade 24
42 Arbitration of dispute concerning appointment and
termination of appointment of members of Brigade 25
Division 4 Miscellaneous
43 Training of Brigade 25
44 Owner must allow Brigade member to attend training and
emergencies 25
45 Certain events occurring at a mine rescue station to be
notified to the Chief Inspector of coal mines 26
46 Certificates and medallions 27
Contents page 3
Coal Industry Bill 2001
Contents
Page
Part 5 Miscellaneous
47 Effect of certain other Acts 28
48 Effect of certain challenges 28
49 Authority to prosecute 28
50 Nature of proceedings for offences 29
51 Status of approved companies 29
52 Crown not bound 29
53 Regulations 29
54 Repeal 30
55 Amendment of Coal Industry Act 1946 No 44 30
56 Amendment of other Acts 30
57 Savings, transitional and other provisions 31
58 Review of Act 31
Schedules
1 Transfer of staff of Joint Coal Board 32
2 Transfer of assets, rights and liabilities of Joint Coal Board 35
3 Transfer of assets, rights and liabilities of Mines Rescue
Board 37
4 Transfer of staff of Mines Rescue Board 39
5 Provisions to be included in constitution of approved
company 41
6 Amendment of Coal Industry Act 1946 No 44 46
7 Amendment of other Acts 47
8 Savings, transitional and other provisions 54
Contents page 4
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
Coal Industry Bill 2001
Act No , 2001
An Act to provide for the dissolution of the Joint Coal Board and the Mines Rescue
Board; to provide for the exercise of the functions of those dissolved bodies by one
or more companies registered under the Corporations Act 2001 of the
Commonwealth and approved by the Minister; to repeal the Mines Rescue Act 1994
and amend the Coal Industry Act 1946; to make consequential amendments to
other Acts; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Coal Industry Bill 2001
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Coal Industry Act 2001.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Definitions
In this Act:
approved company means a company approved under section 9.
assets means any legal or equitable estate or interest (whether present
or future and whether vested or contingent) in real or personal
property of any description (including money), and includes securities,
choses in action and documents.
Brigade means the Mines Rescue Brigade established by this Act.
CFMEU means the Construction Forestry Mining and Energy Union
registered under the Workplace Relations Act 1996 of the
Commonwealth or any body succeeding or replacing that body.
coal includes oil shale and kerosene shale, but does not include peat.
Corporations Act means the Corporations Act 2001 of the
Commonwealth.
dissolution date means the date on which section 4 (1) of the Coal
Industry Repeal Act 2001 of the Commonwealth commences.
emergency means an emergency due to an actual or imminent
occurrence (such as fire, explosion, accident or flooding) that has
resulted in the death of, or injury to, a person or is endangering or is
threatening to endanger the life or physical well-being of a person.
exercise a function includes perform a duty.
former members of the JCB staff means the members of staff of the
Joint Coal Board immediately before the dissolution of that Board.
former 1994 Act means the Mines Rescue Act 1994.
Page 2
Coal Industry Bill 2001 Clause 3
Preliminary Part 1
function includes a power, authority or duty.
inspector means an employee of an approved company appointed as
an inspector as referred to in section 25.
Joint Coal Board means the body corporate constituted in pursuance
of the Coal Industry Act 1946 and the Coal Industry Act 1946 of the
Commonwealth.
liabilities means all liabilities, debts and obligations (whether present
or future and whether vested or contingent).
mine means any pit or other place where mining is carried on or which
is being developed for mining to be carried on, and includes a quarry
and a salt-pan (whether occurring naturally or created artificially) and
also includes any place, located at or in the vicinity of the mine, where
material extracted from the mine is processed.
Minerals Council means the New South Wales Minerals Council
Limited (ACN 002 500 316).
Mines Rescue Board means the corporation constituted by the former
1994 Act.
mines rescue company means the company for the time being
approved under section 9 to exercise the functions referred to in
section 10 (1) (k) (that is, functions under Division 3 of Part 3 and
Part 4).
mining means extracting material from land for the purpose of
recovering coal or other minerals from the material or of rehabilitating
land from which any such material has been extracted, and includes the
following:
(a) loading, conveying and unloading any such material,
(b) operating a coal preparation plant,
(c) quarrying.
Ministerial Holding Corporation means the corporation constituted
under section 37B of the State Owned Corporations Act 1989.
owner of a mine means any person who is the immediate proprietor,
lessee or occupier of the mine, and includes:
(a) if the mine is being worked by a person who is a liquidator,
provisional liquidator, administrator, controller or other person
authorised by law to carry on the business of working the
mine--that person, or
Page 3
Clause 3 Coal Industry Bill 2001
Part 1 Preliminary
(b) if the mine belongs to, or is held in trust for, the Crown or a
statutory authority--the Crown or that statutory authority, or
(c) if the mine is being worked by a contractor--that contractor,
but does not include a person who:
(d) merely receives a royalty or rent from the mine, or
(e) is merely the owner or lessee of the mine, subject to a lease,
grant or licence to, or contract with, another person to work it,
or
(f) is merely the owner of the soil in the mine,
and who is not otherwise interested in the coal or other minerals in the
mine.
rights means all rights, powers, privileges and immunities (whether
present or future and whether vested or contingent).
Tribunal means the Administrative Decisions Tribunal established by
the Administrative Decisions Tribunal Act 1997.
underground coal mine means a coal mine in which persons are
employed underground while the mine is being worked.
workers compensation company means the company for the time
being approved under section 9 to exercise the functions referred to in
section 10 (1) (m).
4 Notes
Notes included in this Act do not form part of this Act.
Page 4
Coal Industry Bill 2001 Clause 5
Dissolution of Joint Coal Board and Mines Rescue Board Part 2
Part 2 Dissolution of Joint Coal Board and Mines
Rescue Board
5 Dissolution of Joint Coal Board
(1) On the dissolution date, the Joint Coal Board is dissolved in so far as
it is constituted pursuant to the Coal Industry Act 1946.
(2) The Minister, by order published in the Gazette:
(a) is to name each former member of the JCB staff, and
(b) is to specify an approved company in relation to each former
member of the JCB staff so named.
(3) Such an order, whether made before or after the dissolution date, has,
or is taken to have, effect on the dissolution date.
(4) Schedule 1 has effect.
6 Transfer of assets, rights and liabilities of Joint Coal Board
(1) On the dissolution date, the assets, rights and liabilities of the Joint
Coal Board are transferred to the Ministerial Holding Corporation.
(2) However, any such asset that is a Commonwealth record (within the
meaning of the Archives Act 1983 of the Commonwealth) is excluded
from the transfer unless the National Archives of Australia has given
permission, under section 24 (2) (b) of that Act, for the transfer.
(3) Schedule 2 applies to the transfer effected by this section.
7 Transfer of specified assets, rights and liabilities of Joint Coal Board
(1) The Minister may, by order in writing published in the Gazette,
transfer any such assets, rights and liabilities of the Joint Coal Board:
(a) as were transferred to the Ministerial Holding Corporation
under section 6 (1), and
(b) as are specified or referred to in the order,
to an approved company.
Page 5
Clause 7 Coal Industry Bill 2001
Part 2 Dissolution of Joint Coal Board and Mines Rescue Board
(2) Despite section 37B (5) and (6) of the State Owned Corporations
Act 1989, the Ministerial Holding Corporation must not dispose of any
asset, right or liability (being an asset, right or liability transferred to it
by this Act) otherwise than in accordance with an order of the Minister
under this section.
(3) An order under this section takes effect on the date specified in the
order.
(4) Schedule 2 applies to a transfer under this section.
8 Dissolution of Mines Rescue Board
(1) The Mines Rescue Board is dissolved.
(2) Schedules 3 and 4 have effect.
Page 6
Coal Industry Bill 2001 Clause 9
Approved companies Part 3
Approval of companies Division 1
Part 3 Approved companies
Division 1 Approval of companies
9 Minister may approve of one or more companies
(1) The Minister may approve (either conditionally or unconditionally) of
one or more companies registered under the Corporations Act for the
purpose of exercising one or more of the functions set out in
Division 2 or 3 of this Part and in Part 4 if the constitution of the
company concerned contains:
(a) a statement of the company's objects that reflects the functions
concerned, and
(b) provisions to the effect of those set out in Schedule 5.
(2) The Minister may approve of a company for that purpose even though
the company has a constitution containing additional provisions, so
long as those provisions are not inconsistent with any provision of the
constitution required by subsection (1).
(3) However, the Minister must not:
(a) approve of any company unless the company:
(i) is wholly owned in equal shares by the CFMEU (or by
a company wholly owned by the CFMEU) and the
Minerals Council (or a wholly-owned subsidiary of the
Minerals Council), or
(ii) is the wholly-owned subsidiary of another approved
company, or
(b) approve of any one or more companies unless the statement of
objects of at least one of the companies includes the object of
establishing or administering (or establishing and
administering), or providing administrative services in respect
of, superannuation schemes for the benefit of mine workers
(within the meaning of the Coal and Oil Shale Mine Workers
(Superannuation) Act 1941), former mine workers and their
dependants, or
(c) approve 2 or more companies to exercise the function specified
in section 10 (1) (k) at the same time, or
Page 7
Clause 9 Coal Industry Bill 2001
Part 3 Approved companies
Division 1 Approval of companies
(d) approve 2 or more companies to exercise the function specified
in section 10 (1) (m) at the same time.
(4) The Minister's approval is to be given by a notice that:
(a) is published in the Gazette, and
(b) specifies any conditions of the approval, and
(c) specifies the functions that the company is approved, under this
Part, to exercise.
(5) In addition to any other functions it has under its constitution, an
approved company has the functions specified in its notice of
approval.
(6) The Minister is to act in accordance with such provisions of the
constitution of an approved company as are set out in Schedule 5.
Note. The constitution of an approved company will require (among other things)
the Minister to appoint the directors of the company.
Division 2 Functions of approved companies
10 General functions
(1) An approved company must exercise such of the following functions
as are specified in its notice of approval:
(a) providing occupational health and rehabilitation services for
workers engaged in the coal industry, including providing
preventive medical services, monitoring workers' health and
investigating related health matters,
(b) collecting, collating and disseminating accident and other
statistics relating to the health and safety of workers engaged in
the coal industry,
(c) collecting, collating and disseminating other statistics related to
the coal industry,
(d) referring matters relating to the safety of workers engaged in
the coal industry, as it thinks fit, to the Chief Inspector of coal
mines appointed under section 7 of the Coal Mines Regulation
Act 1982 for consideration,
Page 8
Coal Industry Bill 2001 Clause 10
Approved companies Part 3
Functions of approved companies Division 2
(e) reporting to the Minister as it thinks fit, or when requested by
the Minister, on matters related to the health or welfare of
workers engaged in the coal industry, or on any other matter
arising out of its functions,
(f) publishing reports and information of public interest
concerning or arising out of its functions,
(g) promoting the welfare of workers and former workers in the
coal industry in the State, their dependants and communities in
coal mining areas,
(h) monitoring, promoting and specifying adequate training
standards relating to health and safety for workers engaged in
the coal industry,
(i) approving training schemes for the purposes of Division 8 of
Part 4 of the Coal Mines Regulation Act 1982,
(j) monitoring dust in coal mines,
(k) providing mines rescue and other services in accordance with
Division 3 of this Part and Part 4,
(l) establishing or administering (or establishing and
administering), or providing administrative services in respect
of, superannuation schemes for the benefit of either or both of
the following:
(i) mine workers (within the meaning of the Coal and Oil
Shale Mine Workers (Superannuation) Act 1941),
former mine workers and their dependants,
(ii) employees of the approved company, former employees
and their dependants,
(m) establishing or administering (or establishing and
administering), or providing, workers compensation insurance
schemes in relation to workers engaged in the coal industry.
(2) In addition, an approved company may do either or both of the
following:
(a) provide courses in the production and utilisation of coal under
international development assistance programs sponsored or
administered by the Commonwealth Government or approved
by the Minister,
(b) undertake, or take part in, any other activities of benefit to the
coal industry in New South Wales as determined by the
directors of the company from time to time.
Page 9
Clause 11 Coal Industry Bill 2001
Part 3 Approved companies
Division 2 Functions of approved companies
11 Ancillary functions
For the purpose of exercising its functions, an approved company may:
(a) undertake or arrange for research, inquiries, investigations,
surveys, tests and inspections, and
(b) require the keeping and furnishing of statistics, returns and
other information relating to matters concerning or arising out
of the company's functions under this Act.
12 Powers relating to health of mine workers
(1) If an approved company is of the opinion that the health of workers at
a coal mine is endangered, or is likely to be endangered, by any
conditions at the mine or methods in operation at the mine, the
approved company may, by notice in writing, require the owner or
manager of the mine to do or refrain from doing such things specified
in the notice as are necessary to protect the health of the workers.
(2) An owner or manager of a coal mine must not, without reasonable
excuse, refuse or fail to comply with a requirement made under this
section.
Maximum penalty: 200 penalty units in the case of a corporation or 50
penalty units in the case of an individual.
(3) However, the owner or manager concerned may apply to the Tribunal
for a review of a decision of an approved company imposing a
requirement under this section.
(4) If such an application is made:
(a) proceedings against the applicant for an offence under this
section may not be instituted, and
(b) any such pending proceedings are stayed,
until the completion of the review process.
(5) In this section, approved company means an approved company
whose approval extends to the exercise of functions under this section.
13 Orders of approved company
(1) An approved company may, with the approval of the Minister, make
orders, not inconsistent with this Act or the regulations, for or with
respect to the approved company's functions.
Page 10
Coal Industry Bill 2001 Clause 13
Approved companies Part 3
Functions of approved companies Division 2
(2) Without limiting subsection (1), an order under this section may make
requirements of the kind specified in section 11 (b).
(3) An approved company may, with the approval of the Minister, by
order vary or revoke any order made under this section.
(4) An order made under this section:
(a) must be published in the Gazette, and
(b) takes effect on the day it is so published (or, if a later day is
specified in the order for that purpose, on the later day so
specified).
(5) Subsection (4) (b) does not prevent an order from specifying different
days in relation to different portions of the order.
(6) A person must not, without reasonable excuse, refuse or fail to comply
with an order made under this section.
Maximum penalty: 200 penalty units in the case of a corporation or 50
penalty units in the case of an individual.
(7) However, a person who is required to comply with an order made
under this section may apply to the Tribunal for a review of the
decision of the approved company that gave rise to the order.
(8) If such an application is made:
(a) proceedings against the applicant for an offence under this
section may not be instituted, and
(b) any such pending proceedings are stayed,
until the completion of the review process.
Division 3 Principal functions of mines rescue company
14 Principal mines rescue functions
The mines rescue company has the following principal functions in
connection with underground coal mines in the State:
(a) making available rescue services and facilities to deal with
emergencies in those mines and, in particular, ensuring that the
Brigade has the capacity to deal with any such emergencies,
Page 11
Clause 14 Coal Industry Bill 2001
Part 3 Approved companies
Division 3 Principal functions of mines rescue company
(b) ensuring that adequate rescue equipment (such as breathing
apparatus) is available to enable members of the Brigade to deal
with emergencies in those mines,
(c) training members of the Brigade in mine rescue procedures at
those mines and, in particular, in the use of breathing
apparatus,
(d) establishing appropriate procedures and arrangements for
ensuring the mobilisation of members of the Brigade and the
supply of rescue equipment in response to emergencies in those
mines,
(e) ensuring that persons with an adequate knowledge of mine
rescue work are available to provide technical advice to the
owners of those mines if emergencies should arise in those
mines.
15 Ancillary function of mines rescue company
The mines rescue company has, in connection with its principal
functions, the ancillary function of acquiring or building, and
maintaining or disposing of, mine rescue stations.
16 Discretionary functions--rescue services for other mines
The mines rescue company may (but is not obliged to) exercise the
following additional functions in connection with mines (other than
underground coal mines in the State):
(a) providing rescue services and facilities at those mines,
including rescue equipment (such as breathing apparatus),
(b) providing training courses in connection with mine safety and
emergency procedures at those mines (including, for example,
fighting fires and rescuing mine workers and others who are
trapped in those mines).
17 Discretionary functions--non-rescue services for mines and others
The mines rescue company may (but is not obliged to) exercise the
following additional functions:
(a) providing occupational health and safety services for employers
of mine workers and others (not including rescue services but
including, for example, training services or assistance in work
underground or in confined spaces),
Page 12
Coal Industry Bill 2001 Clause 17
Approved companies Part 3
Principal functions of mines rescue company Division 3
(b) providing technical and advisory services to owners of mines
and others (including, for example, calibrating and repairing
methane gas detection instruments and maintaining and
repairing breathing apparatus).
18 Discretionary functions may be exercised anywhere
The mines rescue company may exercise its discretionary functions
under this Division (or any function ancillary to those functions) in the
State or elsewhere, or both in the State and elsewhere.
19 Owners of coal mines to make contributions to fund mines rescue
functions
(1) Owners of coal mines are to pay contributions to the mines rescue
company to defray the costs incurred by that company in exercising its
functions under section 14.
(2) The mines rescue company is to determine, in respect of each financial
year of that company, the amount that an owner of a coal mine must
pay, in respect of the coal mine, under this section.
(3) The mines rescue company may make different determinations under
this section in respect of different coal mines, having regard to such of
the following matters as are applicable to the coal mine concerned:
(a) the quantity of coal produced from the mine during the period
of 12 months preceding the financial year concerned,
(b) the average number of employees employed at the mine during
that period,
(c) the cost incurred during that period in meeting the expense of
having employees of the mines rescue company on stand-by in
respect of the mine,
(d) the cost incurred during that period in training members of the
Brigade to carry out mine rescue work at the mine,
(e) an amount, quantified by the mines rescue company,
representing the risk of a mining accident occurring at the mine,
(f) the cost likely to be incurred in actually responding to a call to
the mines rescue company to provide rescue services at the
mine.
Page 13
Clause 19 Coal Industry Bill 2001
Part 3 Approved companies
Division 3 Principal functions of mines rescue company
(4) The mines rescue company may (but is not obliged to) allow the
amount determined to be paid by instalments, either generally or in a
particular case.
(5) The regulations may replace a determination made under this section
by prescribing an amount, in respect of a particular coal mine,
different from the amount determined by the mines rescue company in
respect of the coal mine.
(6) Any such regulation is taken, for the purposes of this Act, to be a
determination made under this section.
20 Mines rescue company to serve notice of contribution payable on
owner of coal mine
(1) The mines rescue company must, for each year, serve on each owner
of a coal mine a notice specifying the following:
(a) the amount that the owner is required to pay under section 19,
(b) the method by which that amount has been determined,
(c) the date by which the amount must be paid (or, if the amount
may be paid by instalments, the amount of each instalment and
the date by which that instalment must be paid).
(2) If a regulation replaces a determination (as referred to in section
19 (5)), the mines rescue company must serve on each owner of a coal
mine a further notice under subsection (1) in respect of the
replacement determination.
(3) A notice required by this section is taken to have been served on the
owner of a coal mine:
(a) if, in the case of an owner who is not a body corporate, it is
delivered to the owner personally, or is sent by post to the
owner's last address known to the mines rescue company, or
(b) if, in the case of an owner who is a body corporate, it is served
in a manner authorised under the Corporations Act for service
of documents on a body corporate.
21 Money due to mines rescue company
(1) The mines rescue company may waive or refund the whole or any part
of any contribution, interest or other money due or paid to the
company in any particular case or in any class of cases.
Page 14
Coal Industry Bill 2001 Clause 21
Approved companies Part 3
Principal functions of mines rescue company Division 3
(2) Any contribution, interest or other money due to the mines rescue
company may be recovered as a debt in a court of competent
jurisdiction.
Division 4 General financial matters
22 No fees for certain services
The mines rescue company must not charge fees for services provided
by it in the exercise of the functions specified in section 14.
Note. Section 14 sets out the principal functions of the mines rescue company.
The costs of exercising those functions are to be defrayed by the contributions,
under section 19, of owners of coal mines.
23 Approved companies not subject to certain State taxes
(1) An approved company, and a subsidiary of an approved company, is
not liable to taxation under any law of the State except in so far as the
approved company or the subsidiary establishes or administers (or
establishes and administers), or provides administrative services in
respect of, a superannuation scheme.
(2) Subsection (1) does not apply to an approved company, or a subsidiary
of an approved company, that engages in activities outside the coal
industry (except in so far as those activities are necessary to enable it
to exercise its functions in relation to the coal industry).
(3) Subsection (2) does not apply to the mines rescue company in respect
of the exercise of its functions under Division 3 of this Part or Part 4
in relation to mines other than coal mines.
24 Workers compensation funds
(1) All premiums and other money received by the workers compensation
company under any workers compensation insurance scheme
established, administered or provided by that company, and any other
money received by the company for the purposes of the scheme
(including, but not limited to, money received under subsection (2)),
must be applied:
(a) to pay any sum required to be paid by the company under any
workers compensation scheme established, administered or
provided by it, and
Page 15
Clause 24 Coal Industry Bill 2001
Part 3 Approved companies
Division 4 General financial matters
(b) to pay any expenses incurred in the management and
administration of any such scheme, and
(c) to pay for the provision of occupational health and
rehabilitation services, and
(d) for such other purposes related to the coal industry, to the
company's welfare functions or to workers formerly engaged in
the coal industry as may be approved by the Minister.
(2) If the workers compensation company is satisfied (from the results of
an actuarial investigation or from other information) that there is an
overall deficit in the funds to be applied for the purposes specified in
subsection (1), the workers compensation company may, by notice in
writing to each employer in the coal industry in the State, require the
employer to pay to the company a contribution of such amount as the
company may determine and specify in the notice.
(3) The contribution is payable:
(a) in respect of the financial year specified in the notice, and
(b) at such time as is so specified.
Division 5 Appointment and powers of inspectors
25 Approved companies may appoint inspectors
(1) An approved company may, by notice in writing given to any of its
employees or officers, appoint the employees or officers as inspectors
for the purposes of undertaking inspections to assist the approved
company in the exercise of its functions.
(2) As soon as practicable after making its first appointment under this
section, an approved company must provide the Minister with a list
specifying the names of each of its employees so appointed. The
company must also, as soon as practicable after the occurrence of any
change that would affect the list, notify the Minister in writing of the
change.
26 Powers of inspectors to carry out searches
(1) An inspector may enter, at any reasonable time, any premises for the
purpose of making an inspection referred to in section 25 and may do
any or all of the following:
Page 16
Coal Industry Bill 2001 Clause 26
Approved companies Part 3
Appointment and powers of inspectors Division 5
(a) search the premises,
(b) take photographs, or make sketches, of the premises or any
substance or thing at the premises,
(c) inspect any book, record or document kept at the premises,
(d) remove, or make copies of, any such book, record or document.
(2) An inspector may not exercise any powers under this section in
relation to premises unless the inspector has:
(a) produced the inspector's notice of appointment as an inspector
for inspection by the occupier of the premises, and
(b) informed the occupier of the purpose of the inspector's entry of
the premises.
(3) An inspector may not, under this section, enter premises that are a
residence unless the occupier of the premises has consented to the
entry.
(4) An inspector must use no more force than is reasonably necessary in
effecting entry on to any premises.
(5) If damage is caused to property by an inspector in exercising a power
of entry under this section, reasonable compensation is payable by the
approved company of which the inspector is an employee to the owner
of the property, unless the damage resulted from, or was connected
with, obstruction of the inspector.
(6) In this section, premises includes buildings, land and mines.
27 Power to require information
(1) An inspector who has entered premises for the purpose of making an
inspection referred to in section 25 may, to the extent that it is
reasonably necessary to ascertain whether orders or requirements of
the approved company in the exercise of any of its functions under
Division 2 or 3 of this Part or Part 4 have been complied with, require
a person to answer any questions put by the inspector and to produce
any books, records or documents required by the inspector.
(2) An inspector is not entitled to make a requirement of a person under
this section unless the inspector produces his or her notice of
appointment as an inspector for inspection by the person.
Page 17
Clause 28 Coal Industry Bill 2001
Part 3 Approved companies
Division 5 Appointment and powers of inspectors
28 Retention of books, records and documents
If an inspector removes a book, record or document from premises
under this Division, or a person produces a book, record or document
to an inspector in accordance with a requirement of an inspector under
this Division:
(a) the inspector may retain possession of the book, record or
document for such period as is necessary and reasonable for the
purpose of ascertaining whether any orders or requirements
referred to in section 27 (1) have been complied with, and
(b) during that period, the inspector must permit a person who
would be entitled to inspect the book, record or document if it
were not in the inspector's possession to inspect the book,
record or document at all reasonable times.
29 Exoneration from personal liability
A matter or thing done or omitted to be done by an inspector acting
under the direction of an approved company does not, if the matter or
thing was done or omitted to be done in good faith for the purpose of
executing this or any other Act, subject the inspector personally to any
action, liability, claim or demand.
Division 6 Certain obligations of owners and managers of
coal mines and employers in the coal industry in
relation to approved companies
30 Contributions to be paid by due date
(1) The owner of a coal mine must pay any amount required by the notice
served on the owner under section 20 on or before the date specified
in that notice for payment of the amount concerned.
(2) An employer in the coal industry in the State must pay any amount
required by the notice served on the owner under section 24 (2) on or
before the date specified in that notice for payment of the amount
concerned.
Page 18
Coal Industry Bill 2001 Clause 30
Approved companies Part 3
Certain obligations of owners and managers of coal mines and employers Division 6
in the coal industry in relation to approved companies
(3) If payment is not made on or before the relevant date, the owner or
employer concerned must pay interest on the amount in respect of the
period from that date until the date of payment at such rate, not
exceeding 15 per cent per year, as the mines rescue company or the
workers compensation company (as the case requires) determines from
time to time for the purposes of this subsection.
31 Workers compensation
(1) The workers compensation company has the power to require any
employer in the coal industry in the State to effect with or through that
company all workers compensation insurance in respect of the
employer's employees in the industry.
(2) An employer in the coal industry in the State must comply with any
such requirement.
(3) The following are specifically authorised by this Act for the purposes
of the Trade Practices Act 1974 of the Commonwealth and the
Competition Code of New South Wales:
(a) any matter or thing done by the workers compensation
company in imposing a requirement under this section,
(b) any agreement entered into by or with the workers
compensation company for the purpose of effecting workers
compensation insurance in accordance with a requirement
made under this section,
(c) the conduct of the parties in entering into any such agreement,
(d) the conduct of the parties in performing any such agreement.
(4) The maximum penalty that may be imposed for failure to comply with
a requirement under this section is:
(a) in the case of a corporation--100 penalty units for the first day
the contravention occurs and an additional 50 penalty units for
each subsequent day on which the contravention continues, or
(b) in the case of an individual--50 penalty units for the first day
the contravention occurs and an additional 25 penalty units for
each subsequent day on which the contravention continues.
Page 19
Clause 31 Coal Industry Bill 2001
Part 3 Approved companies
Division 6 Certain obligations of owners and managers of coal mines and employers
in the coal industry in relation to approved companies
(5) In this section:
(a) agreement includes a contract, arrangement or understanding,
and
(b) a reference to the workers compensation company or an
employer in the coal industry includes a reference to the
officers and agents of, and other persons duly authorised by, the
company or employer concerned.
32 Co-operation with inspectors
An owner or manager of a coal mine, or an agent or employee of such
an owner or manager, must not, without reasonable excuse:
(a) refuse to answer any question put to the person under section
27, or
(b) knowingly make any false or misleading statement in answer to
any such question, or
(c) fail or refuse to produce any book, record or document required
to be produced under section 27, or
(d) delay, obstruct or hinder an inspector in the exercise of any
functions conferred on the inspector under Division 5.
Maximum penalty: 100 penalty units in the case of a corporation or 30
penalty units in the case of an individual.
Page 20
Coal Industry Bill 2001 Clause 33
New South Wales Mines Rescue Brigade Part 4
Establishment, functions and composition of Brigade Division 1
Part 4 New South Wales Mines Rescue Brigade
Division 1 Establishment, functions and composition of
Brigade
33 Establishment of Mines Rescue Brigade
There is established by this Act the New South Wales Mines Rescue
Brigade.
34 Functions of Brigade
The function of the Brigade is to provide, under the control and
direction of the mines rescue company, a mine rescue service for
responding to, and dealing with, emergencies arising at underground
coal mines in New South Wales and at other mines.
35 Composition of Brigade
(1) The Brigade comprises all persons for the time being appointed as
members of the Brigade by the mines rescue company.
(2) A member of the Brigade is, when acting as such a member, to be
regarded as being employed by the mines rescue company.
(3) However, subsection (2):
(a) does not apply for the purposes of any superannuation scheme
established by the company for the benefit of its employees,
and
(b) applies for the purposes of payment of salary or wages only
while the member of the Brigade is engaged in mine rescue
work (and not while undergoing training for mine rescue
purposes).
Division 2 Determination of requirements for Brigade
36 Determination of mines rescue company with respect to mine rescue
personnel, equipment and storage facilities
(1) The mines rescue company must, for each underground coal mine in
New South Wales, determine:
Page 21
Clause 36 Coal Industry Bill 2001
Part 4 New South Wales Mines Rescue Brigade
Division 2 Determination of requirements for Brigade
(a) the number of persons employed at the mine whose services the
owner of the mine must make available to the mines rescue
company for mine rescue purposes, and
(b) the number of items, and the kinds, of breathing apparatus and
other rescue equipment that the owner must provide at the mine
for use by those persons, and
(c) the amount of area, and the kinds of facilities, that the owner
must make available at the mine for the storage of that
equipment when not in use, for training members of the
Brigade and for use by those members during emergencies at
the mine.
(2) The mines rescue company may, from time to time, vary a
determination made under this section.
(3) For the purposes of this section, a determination is taken to be varied
if it is revoked and replaced by another determination.
37 Compliance with determination
(1) The mines rescue company must serve a determination or variation of
a determination made under this Division on the owner of the
underground coal mine concerned.
(2) The owner of an underground coal mine on whom a determination or
variation is served must not, without reasonable excuse, refuse or fail
to comply with the determination, or the determination as varied,
within 28 days after service (or within such further period as the mines
rescue company allows).
Maximum penalty: 200 penalty units in the case of a corporation or 50
penalty units in the case of an individual.
(3) If a determination or variation requires the owner of an underground
coal mine to make available the services of a specified number of
persons employed at the mine, the owner must, within 14 days after the
service of the determination or variation, provide the mines rescue
company with a list that includes the names, addresses and any other
particulars required by the mines rescue company of the persons
selected for that purpose.
Page 22
Coal Industry Bill 2001 Clause 37
New South Wales Mines Rescue Brigade Part 4
Determination of requirements for Brigade Division 2
(4) If the mines rescue company is not satisfied that the owner of an
underground coal mine is complying with a determination, or a
determination as varied, the mines rescue company may serve on the
owner a further notice specifying what the owner has to do to comply
with the mines rescue company's requirements.
(5) The owner of a mine on whom such a further notice is served must
not, without reasonable excuse, refuse or fail to comply with the notice
within 28 days after service (or within such further period as the mines
rescue company allows).
Maximum penalty: 200 penalty units in the case of a corporation or 50
penalty units in the case of an individual.
38 Modification of owner's obligation to comply with determination
(1) The obligation imposed on the owner of an underground coal mine by
section 37 (2) or (5) is modified to the extent that the mines rescue
company:
(a) has refused to appoint as a member of the Brigade a person
whose name is included in a list provided by the owner under
section 37 (3), or
(b) has terminated the appointment of a member previously
appointed from a list so provided.
(2) That obligation is also subject to the willingness of the persons whose
names are included in such a list to be appointed as members of the
Brigade.
39 Right to apply for review of determination
(1) The owner of an underground coal mine on whom a determination, or
a variation of a determination, made under section 36 is served may,
if dissatisfied with the determination or variation, apply to the Tribunal
for a review of the decision giving rise to the determination or
variation.
(2) If such an application is made:
(a) proceedings against the applicant for an offence under
section 37 (2) or (5) may not be instituted, and
(b) any such pending proceedings are stayed,
until the completion of the review process.
Page 23
Clause 40 Coal Industry Bill 2001
Part 4 New South Wales Mines Rescue Brigade
Division 3 Appointment and termination of appointment of members of Brigade
Division 3 Appointment and termination of appointment of
members of Brigade
40 Appointment of members of Brigade
(1) On being provided with a list in accordance with section 37 (3), the
mines rescue company must either appoint or refuse to appoint as
members of the Brigade the persons whose names are included in the
list.
(2) The mines rescue company may also appoint any other person as a
member of the Brigade.
(3) However, a person is not to be appointed as a member of the Brigade
without his or her consent.
41 Termination of appointment of members of Brigade
(1) The mines rescue company may terminate the appointment of a
member of the Brigade at any time.
(2) If the mines rescue company refuses to appoint, or terminates the
appointment of, a person named in the list referred to in section 37 (3)
as a member of the Brigade, it must, by notice in writing, inform the
person and the owner of the underground coal mine concerned of the
mines rescue company's decision and the reason why the person was
not appointed or the person's appointment was terminated.
(3) Within 14 days after being so informed, the owner of the underground
coal mine concerned must provide the mines rescue company with a
further list specifying the name, address and any other particulars
required by the mines rescue company of another person employed by
the owner to replace the person whose appointment was refused or
terminated.
(4) Subsection (3) applies as often as may be necessary to ensure that the
owner makes available to the mines rescue company the services of the
number of persons specified in the determination, or variation, served
on the owner.
(5) If the owner of the underground coal mine concerned does not comply
with subsection (3) within the period of 14 days referred to in that
subsection, the owner is taken not to have complied with the
determination of the mines rescue company served on the owner under
section 37, or the determination as varied.
Page 24
Coal Industry Bill 2001 Clause 41
New South Wales Mines Rescue Brigade Part 4
Appointment and termination of appointment of members of Brigade Division 3
(6) For the purposes of subsection (3), the mines rescue company is taken
to have terminated the appointment of a member of the Brigade (and
to have informed the owner of the underground coal mine concerned
of the termination in accordance with subsection (2)) on the date on
which the member ceased to be employed at the mine.
42 Arbitration of dispute concerning appointment and termination of
appointment of members of Brigade
(1) The mines rescue company and the owner of the underground coal
mine concerned are taken to have entered into an arbitration
agreement to have arbitrated under the Commercial Arbitration
Act 1984 any dispute between the mines rescue company and the
owner arising from a decision of the mines rescue company refusing
to appoint, or terminating the appointment of, a member of the
Brigade.
(2) If any such dispute arises, that Act applies accordingly.
Division 4 Miscellaneous
43 Training of Brigade
The mines rescue company is responsible for ensuring that members
of the Brigade are adequately trained in:
(a) the use of breathing apparatus and other mine safety
equipment, and
(b) mine safety procedures, and
(c) the work involved in rescuing persons who may become
trapped in a mine or who may otherwise need to be rescued
from dangerous situations occurring at or in a mine, and
(d) the procedures involved in sealing an underground coal mine
and in reopening such a mine that has been sealed, and
(e) such other matters as the mines rescue company considers
necessary.
44 Owner must allow Brigade member to attend training and emergencies
The owner of a mine who employs a member of the Brigade must not,
without reasonable excuse, refuse or fail to allow that member to
attend:
Page 25
Clause 44 Coal Industry Bill 2001
Part 4 New South Wales Mines Rescue Brigade
Division 4 Miscellaneous
(a) any official training for members of the Brigade, or
(b) an emergency to which the member is called to attend as such
a member.
Maximum penalty: 200 penalty units in the case of a corporation or 50
penalty units in the case of an individual.
45 Certain events occurring at a mine rescue station to be notified to the
Chief Inspector of coal mines
(1) The mines rescue company is responsible for ensuring compliance
with this section.
(2) If a reportable event occurs at a mine rescue station, the person in
charge of the station must:
(a) immediately give oral notice of the event to the Chief Inspector
of coal mines and to the mines rescue company, and
(b) within the following 24 hours send a written notice to them
setting out:
(i) the nature of the event, and
(ii) the number and names of any persons killed or injured
as a consequence of the event.
(3) The person in charge of a mine rescue station:
(a) must keep a record of all reportable events occurring at the
station, and
(b) must make the record available for inspection by the mines
rescue company, or by any person designated by the mines
rescue company, whenever the mines rescue company or
person requests production of the record.
(4) An event is a reportable event at a mine rescue station:
(a) if it is an accident which causes the death of a member of the
Brigade or a serious bodily injury (within the meaning of
section 85 of the Coal Mines Regulation Act 1982) to such a
member, being an accident occurring while the member is
acting as such a member and is working at or from the station,
or
(b) if it involves the breakdown of mine rescue equipment (such as
breathing apparatus) that is in use at the station or is otherwise
used by the Brigade at the station.
Page 26
Coal Industry Bill 2001 Clause 46
New South Wales Mines Rescue Brigade Part 4
Miscellaneous Division 4
46 Certificates and medallions
(1) When the mines rescue company is satisfied that a member of the
Brigade has successfully completed a course of training in mine rescue
work approved by the mines rescue company and is competent to take
part in mine rescue work, the member is entitled to receive from the
mines rescue company a certificate to that effect.
(2) The mines rescue company must keep a register of certificates issued
under this section.
(3) The mines rescue company must not authorise a member of the
Brigade to enter an irrespirable atmosphere in a mine when
undertaking mine rescue work or mine rescue training unless the
person:
(a) is wearing suitable breathing apparatus, and
(b) is the holder of a certificate issued under this section.
(4) The mines rescue company may issue a medallion to any member of
the Brigade who, in its opinion, has satisfactorily completed such
period of service as such a member as the mines rescue company
determines. Service as a member of a permanent rescue corps
established under the Mines Rescue Act 1925 or as a member of the
New South Wales Mines Rescue Brigade established under the Mines
Rescue Act 1994 may be treated as service as a member of the Brigade
for the purposes of this subsection.
Page 27
Clause 47 Coal Industry Bill 2001
Part 5 Miscellaneous
Part 5 Miscellaneous
47 Effect of certain other Acts
(1) Nothing in this Act affects the operation of:
(a) the State Emergency and Rescue Management Act 1989, or
(b) the State Emergency Service Act 1989.
(2) An approved company is, in the exercise of its functions, subject to
those Acts.
48 Effect of certain challenges
Except as expressly provided in this Act, any legal challenge to an
order or requirement made by or under this Act, or to a discretion
exercised under this Act, does not operate:
(a) to suspend any obligation to comply with any such order or
requirement (unless the court otherwise orders), or
(b) to prevent the institution of proceedings, or to stay any pending
proceedings, for failure so to comply.
49 Authority to prosecute
(1) Proceedings for an offence under this Act or the regulations may be
instituted only by:
(a) the Minister, or
(b) the Director of Public Prosecutions.
(2) If an inspector is of the opinion that an offence against this Act or the
regulations has been committed, the inspector may compile a report on
the alleged offence and forward it to the Director of Public
Prosecutions.
(3) The Director of Public Prosecutions must consider any report
forwarded to the Director under this section and determine whether to
institute proceedings in respect of the alleged offence to which the
report relates.
Page 28
Coal Industry Bill 2001 Clause 50
Miscellaneous Part 5
50 Nature of proceedings for offences
(1) Proceedings for an offence under this Act or the regulations may be
dealt with:
(a) summarily before a Local Court constituted by a Magistrate
sitting alone, or
(b) summarily before the Supreme Court in its summary
jurisdiction.
(2) If proceedings are brought in a Local Court, the maximum monetary
penalty that the Local Court may impose for the offence is 100 penalty
units, despite any higher maximum monetary penalty provided in
respect of the offence.
51 Status of approved companies
For avoidance of doubt:
(a) an approved company:
(i) is not an instrumentality or agent of the Crown, and
(ii) cannot render the Crown liable for any debts, liabilities
or obligations of the company, and
(b) none of the following Acts applies to or in respect of an
approved company:
(i) the Independent Commission Against Corruption
Act 1988,
(ii) the Ombudsman Act 1974,
(iii) any other Act prescribed for the purposes of this
paragraph.
52 Crown not bound
This Act does not bind the Crown (except in relation to such mines as
are owned by the Crown or by an instrumentality or agent of the
Crown).
53 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted
to be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
Page 29
Clause 53 Coal Industry Bill 2001
Part 5 Miscellaneous
(2) Without limiting subsection (1), the regulations may make provision
for or with respect to the following:
(a) requiring an approved company to provide the Minister, within
the prescribed time, with such information (including copies of
documents) relating to the company's exercise of its functions
as the regulation may specify,
(b) matters that are to be included in the annual operating plan of
an approved company,
(c) modifying the functions conferred on inspectors under this Act
(including withdrawing any of those functions from inspectors),
(d) regulating inspectors in the exercise of their functions,
(e) regulating or prohibiting acts or omissions, or acts or omissions
of a kind, specified in the regulation in relation to one or more
approved companies (or a class, or classes, of approved
companies) so specified.
(3) A regulation may create an offence punishable by a penalty not
exceeding 30 penalty units.
(4) Before a regulation is made for the purposes of subsection (2) (e), the
Minister must certify to the Governor that the regulation is necessary
to protect the rights or interests, or to ensure the equitable treatment,
of a particular worker engaged in the coal industry or owner of a mine.
(5) At least 21 days before a draft regulation under this section is
presented to the Governor, the Minister must furnish a copy of the
draft to the Board of Directors of each approved company that will be
affected by the proposed regulation.
54 Repeal
The Mines Rescue Act 1994 is repealed.
55 Amendment of Coal Industry Act 1946 No 44
The Coal Industry Act 1946 is amended as set out in Schedule 6.
56 Amendment of other Acts
Each Act specified in Schedule 7 is amended as set out in that
Schedule.
Page 30
Coal Industry Bill 2001 Clause 57
Miscellaneous Part 5
57 Savings, transitional and other provisions
Schedule 8 has effect.
58 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of
5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of
Parliament within 12 months after the end of the period of 5 years.
Page 31
Coal Industry Bill 2001
Schedule 1 Transfer of staff of Joint Coal Board
Schedule 1 Transfer of staff of Joint Coal Board
(Section 5 (4))
Part 1 Transfer of staff
1 Transfer of former members of the JCB staff to approved company
Each former member of the JCB staff is transferred to the approved
company specified, in the order of the Minister referred to in section
5 (2), in relation to the former member of the JCB staff concerned, and
that former member of the JCB staff is to be regarded for all purposes
as having become an employee of the approved company concerned
on the dissolution date.
2 General saving of conditions of employment
A transferred employee is (until other provision is duly made under
any Act or law) to be employed in accordance with any relevant
statutory provisions, awards, agreements and determinations that
would have applied to the employee if the employee had not been
transferred but had instead remained on the staff of the Joint Coal
Board (and that Board had continued in existence).
3 Saving of leave
A transferred employee retains, as an employee of an approved
company, any rights to annual leave, extended service leave, sick leave
and other forms of leave, accrued or accruing in his or her
employment with the Joint Coal Board (except accrued leave for
which the employee has, on ceasing to be a member of the staff of the
Joint Coal Board, been paid the monetary value in pursuance of any
other entitlement of the employee).
4 No dual benefit
(1) This clause applies to a person who becomes, because of this
Schedule, an employee of an approved company.
(2) A person to whom this clause applies is not entitled to receive any
payment or other benefit merely because the person ceases to be a
member of the staff of the Joint Coal Board.
Page 32
Coal Industry Bill 2001
Transfer of staff of Joint Coal Board Schedule 1
(3) A person to whom this clause applies is not entitled to claim, both
under this Act and under any other Act, dual benefits of the same kind
for the same period of service.
Part 2 Superannuation arrangements for transferred
staff
5 Interpretation
(1) In this Part:
EISS means the electricity industry superannuation scheme.
transferred employee means a former member of the JCB staff who
is transferred, under clause 1, to an approved company.
transferred person means a transferred employee who is transferred,
under clause 6, to the EISS.
Trust Deed means the trust deed dated 30 June 1997 and entered into
by the Treasurer and Energy Industries Superannuation Scheme Pty
Ltd (ACN 077 947 285), as trustee, pursuant to section 127 of the
Superannuation Administration Act 1996.
(2) Expressions used in this Part have the same meaning as they have in
the Superannuation Administration Act 1996, including section 128A.
6 Transfer of employees to EISS
(1) The Treasurer may, by order in writing, transfer a transferred
employee from an FTC scheme or an STC scheme to the EISS.
(2) The Treasurer is not to make such an order in respect of a particular
transferred employee unless the employee concerned has, no later than
3 months after the dissolution date, elected, by notice in writing given
to the Trustee of the EISS, to transfer to the EISS.
Note. Under the Superannuation Act 1916 and the State Authorities
Superannuation Act 1987, the benefits of transferred employees who were,
immediately before being transferred, contributors to either of the schemes
established under those Acts are preserved. The benefits may, at the employee's
option, be "rolled over" into certain other schemes.
(3) The Treasurer, FTC and STC are to take all necessary steps generally
to facilitate the superannuation coverage of transferred persons by the
EISS.
Page 33
Coal Industry Bill 2001
Schedule 1 Transfer of staff of Joint Coal Board
(4) For that purpose, the Treasurer may enter into arrangements with the
trustee of the EISS, including arrangements for the amendment of the
Trust Deed.
(5) Section 127 of the Superannuation Administration Act 1996 does not
limit or otherwise affect the operation of this clause and, in particular,
does not prevent the transfer to the EISS of transferred persons or the
superannuation coverage of transferred persons by the EISS.
7 Regulations
(1) Regulations may be made for or with respect to the transfer of
transferred employees from an FTC scheme or an STC scheme to the
EISS in accordance with a direction of the Treasurer under this Part.
(2) In particular regulations may be made for or with respect to the
following:
(a) the transfer of assets and liabilities of an FTC scheme or an
STC scheme, in respect of a transferred person, to the EISS,
(b) the transfer of assets and liabilities within an FTC scheme or
STC scheme, or between any such schemes, from any reserve
in respect of the employer or former employer of a transferred
person to the Crown's reserve,
(c) the preservation or deferral of benefits of transferred persons,
(d) the entitlements, rights and obligations under the EISS of a
transferred person,
(e) providing for the resolution, by a prescribed authority or
person, of all or any prescribed class of disputes concerning the
entitlements, rights and obligations of a transferred person
under the EISS.
(3) A regulation made under this Part has effect despite any provision of
an Act under which an FTC scheme or an STC scheme is constituted.
8 Mobility between EISS and public sector schemes
For the purposes of section 128A of the Superannuation
Administration Act 1996, a transferred person is taken to be an
employee referred to in section 128A (3) (a).
Page 34
Coal Industry Bill 2001
Transfer of assets, rights and liabilities of Joint Coal Board Schedule 2
Schedule 2 Transfer of assets, rights and liabilities of
Joint Coal Board
(Sections 6 (3) and 7 (4))
1 Definition
In this Schedule, instrument means an instrument (other than this Act)
that creates, modifies or extinguishes rights or liabilities (or would do
so if lodged, filed or registered in accordance with any law), and
includes any judgment, order or process of a court.
2 Application and interpretation
(1) This Schedule applies to the following:
(a) the transfer of the assets, rights and liabilities from the Joint
Coal Board to the Ministerial Holding Corporation under
section 6 (1),
(b) the transfer of assets, rights and liabilities from the Ministerial
Holding Corporation to an approved company by the operation
of an order under section 7 (1).
(2) In this Schedule, the body from which assets, rights or liabilities are so
transferred is called the transferor and the body to which they are
being so transferred is called the transferee.
3 Vesting of undertaking in transferee
When assets, rights or liabilities are transferred the following
provisions have effect:
(a) the assets of the transferor vest in the transferee by virtue of
this clause and without the need for any conveyance, transfer,
assignment or assurance,
(b) the rights and liabilities of the transferor become, by virtue of
this clause, the rights and liabilities of the transferee,
(c) all proceedings commenced before the transfer by or against the
transferor and pending immediately before the transfer are taken
to be proceedings pending by or against the transferee,
Page 35
Coal Industry Bill 2001
Schedule 2 Transfer of assets, rights and liabilities of Joint Coal Board
(d) any act, matter or thing done or omitted to be done in relation
to the assets, rights or liabilities before the transfer by, to or in
respect of the transferor is (to the extent to which that act,
matter or thing has any force or effect) taken to have been done
or omitted by, to or in respect of the transferee,
(e) a reference in any Act, in any instrument made under any Act
or in any document of any kind to the transferor or a
predecessor of the transferor is (to the extent that it relates to
those assets, rights or liabilities but subject to the regulations or
other provisions under Schedule 8) to be read as, or as
including, a reference to the transferee.
4 Operation of Schedule
(1) The operation of this Schedule is not to be regarded:
(a) as a breach of contract or confidence or otherwise as a civil
wrong, or
(b) as a breach of any contractual provision prohibiting, restricting
or regulating the assignment or transfer of assets, rights or
liabilities, or
(c) as giving rise to any remedy by a party to an instrument, or as
causing or permitting the termination of any instrument,
because of a change in the beneficial or legal ownership of any
asset, right or liability.
(2) The operation of this Schedule is not to be regarded as an event of
default under any contract or other instrument.
(3) No attornment to the transferee by a lessee from the transferor is
required.
(4) No compensation is payable to any person in connection with a
transfer effected by this Schedule.
5 Duty
Duty is not chargeable in respect of the transfer of assets, rights and
liabilities to which this Schedule applies.
Page 36
Coal Industry Bill 2001
Transfer of assets, rights and liabilities of Mines Rescue Board Schedule 3
Schedule 3 Transfer of assets, rights and liabilities of
Mines Rescue Board
(Section 8 (2))
1 Definition
In this Schedule, instrument means an instrument (other than this Act)
that creates, modifies or extinguishes rights or liabilities (or would do
so if lodged, filed or registered in accordance with any law), and
includes any judgment, order or process of a court.
2 Transfer of assets, rights and liabilities of Mines Rescue Board
(1) The assets, rights and liabilities of the Mines Rescue Board are
transferred to the mines rescue company.
(2) On the transfer, the following provisions have effect:
(a) the assets of the Mines Rescue Board vest in the mines rescue
company by virtue of this clause and without the need for any
conveyance, transfer, assignment or assurance,
(b) the rights and liabilities of the Mines Rescue Board become, by
virtue of this clause, the rights and liabilities of the mines
rescue company,
(c) all proceedings commenced before the transfer by or against the
Mines Rescue Board and pending immediately before the
transfer are taken to be proceedings pending by or against the
mines rescue company,
(d) any act, matter or thing done or omitted to be done in relation
to the assets, rights or liabilities before the transfer by, to or in
respect of the Mines Rescue Board is (to the extent to which
that act, matter or thing has any force or effect) taken to have
been done or omitted by, to or in respect of the mines rescue
company,
(e) a reference in any Act, in any instrument made under any Act
or in any document of any kind to the Mines Rescue Board or
a predecessor of that Board is (to the extent that it relates to
those assets, rights or liabilities but subject to the regulations or
other provisions under Schedule 8) to be read as, or as
including, a reference to the mines rescue company.
Page 37
Coal Industry Bill 2001
Schedule 3 Transfer of assets, rights and liabilities of Mines Rescue Board
3 Operation of Schedule
(1) The operation of this Schedule is not to be regarded:
(a) as a breach of contract or confidence or otherwise as a civil
wrong, or
(b) as a breach of any contractual provision prohibiting, restricting
or regulating the assignment or transfer of assets, rights or
liabilities, or
(c) as giving rise to any remedy by a party to an instrument, or as
causing or permitting the termination of any instrument,
because of a change in the beneficial or legal ownership of any
asset, right or liability.
(2) The operation of this Schedule is not to be regarded as an event of
default under any contract or other instrument.
(3) No attornment to the mines rescue company by a lessee from the
Mines Rescue Board is required.
(4) No compensation is payable to any person in connection with a
transfer effected by this Schedule.
4 Duty
Duty is not chargeable in respect of the transfer of assets, rights and
liabilities by operation of this Schedule.
Page 38
Coal Industry Bill 2001
Transfer of staff of Mines Rescue Board Schedule 4
Schedule 4 Transfer of staff of Mines Rescue Board
(Section 8 (2))
1 Definitions
In this Schedule:
former MRB staff means the members of staff of the Mines Rescue
Board immediately before the dissolution of that Board.
transferred employee means a former MRB staff member who is
transferred, under clause 2, to the mines rescue company.
2 Transfer of former MRB staff to the mines rescue company
The former MRB staff are transferred to the mines rescue company
and are to be regarded for all purposes as having become employees
of that company on the commencement of this clause.
3 General saving of conditions of employment
A transferred employee is (until other provision is duly made under
any Act or law) to be employed in accordance with any relevant
statutory provisions, awards, agreements and determinations that
would have applied to the employee if the employee had not been
transferred but had instead remained on the staff of the Mines Rescue
Board (and that Board had continued in existence).
4 Saving of leave
A transferred employee retains, as an employee of the mines rescue
company, any rights to annual leave, extended service leave, sick leave
and other forms of leave, accrued or accruing in his or her
employment with the Mines Rescue Board (except accrued leave for
which the employee has, on ceasing to be a member of the staff of the
Mines Rescue Board, been paid the money value in pursuance of any
other entitlement of the employee).
5 No dual benefit
(1) This clause applies to a person who becomes, because of this
Schedule, an employee of the mines rescue company.
Page 39
Coal Industry Bill 2001
Schedule 4 Transfer of staff of Mines Rescue Board
(2) A person to whom this clause applies is not entitled to receive any
payment or other benefit merely because the person ceases to be a
member of the staff of the Mines Rescue Board.
(3) A person to whom this clause applies is not entitled to claim, both
under this Act and under any other Act, dual benefits of the same kind
for the same period of service.
Page 40
Coal Industry Bill 2001
Provisions to be included in constitution of approved company Schedule 5
Schedule 5 Provisions to be included in constitution of
approved company
(Section 9 (1))
Provisions to the effect of the following are to be included in the constitution of an
approved company:
1 Entrenchment
The constitution may not be altered or added to in a way that is
inconsistent with Schedule 5 to the Coal Industry Act 2001 unless and
until resolutions approving the alteration or addition have been passed
by both Houses of Parliament.
2 Act to prevail
(1) The provisions of the Coal Industry Act 2001 prevail over any
inconsistent provision of the constitution.
(2) A reference in the constitution to the Minister is a reference to the
Minister administering the Coal Industry Act 2001.
3 Replaceable rules
(1) Subject to subclause (3), the constitution operates to displace any
replaceable rule applying to the company that is inconsistent with the
Coal Industry Act 2001.
(2) However, the constitution may be modified so as to re-apply any such
displaced replaceable rule if resolutions approving the re-application
of the rule have been passed:
(a) by the company, and
(b) by both Houses of Parliament.
(3) Despite any provision of the Coal Industry Act 2001, the constitution
does not operate to displace the replaceable rule contained in section
201K (Alternate directors) of the Corporations Act.
4 Operating plan
(1) On or before 31 May in each year, the company is to submit a draft
annual operating plan in respect of the year commencing on 1 July of
that year to the Minister.
Page 41
Coal Industry Bill 2001
Schedule 5 Provisions to be included in constitution of approved company
(2) The draft plan is to contain:
(a) a plan relating to the proposed strategy of the company in
exercising its functions in the period to which the plan relates,
and
(b) such other matters as may be required to be included in the plan
by regulations made under the Coal Industry Act 2001.
(3) The company:
(a) is to note any comments on the draft plan that are made by the
Minister and communicated to the company within 21 days
after the plan was submitted to the Minister, and
(b) is to consider whether, in view of any such comments, the plan
should be amended before being adopted by the company, and
(c) is to deliver a copy of the adopted plan to the Minister before
the commencement of the financial year to which it relates.
(4) If the company proposes to amend an adopted annual operating plan,
a copy of the plan as proposed to be amended is to be given to the
Minister. Subclause (3) applies to such a plan as if the plan were a
draft annual operating plan.
5 Directors
(1) The company is to have 7 directors.
(2) The directors are to be persons appointed by the Minister.
(3) Of the 7 directors:
(a) 2 are to be appointed from among persons nominated by the
CFMEU, and
(b) 2 are to be appointed from among persons nominated by the
Minerals Council, and
(c) 2 are to be appointed from among persons who have relevant
expertise and are nominated jointly by the CFMEU and the
Minerals Council, and
(d) one (who is to be the managing director and Chief Executive
Officer of the company) is to be appointed from among persons
nominated (subject to subclause (6)) by the other directors.
Page 42
Coal Industry Bill 2001
Provisions to be included in constitution of approved company Schedule 5
(4) However, the Minister may appoint, from among persons nominated
(subject to subclause (6)) by the other directors, a person to be the
Acting Managing Director and Chief Executive Officer of the
company for a period commencing on the dissolution date and
expiring on:
(a) the date that is 6 months after the dissolution date, or
(b) the date of the appointment of the managing director and Chief
Executive Officer under subclause (3) (d),
whichever is the earlier.
(5) If the CFMEU and the Minerals Council are unable to agree on the
nomination required under subclause (3) (c), this clause is to be
construed (for so long as those bodies are unable to agree) as if it
referred (in subclauses (1) and (3)) to 5 directors, rather than 7
directors.
(6) If the directors are unable to agree on the nomination required under
subclause (3) (d) or a nomination allowed under subclause (4), the
Minister may appoint a further director for the purpose of enabling the
relevant nomination to be made by a majority of the directors.
6 Full-time and part-time directors
(1) The director appointed under clause 5 (3) (d) is to be appointed as a
full-time director.
(2) The other directors are to be appointed as part-time directors, except
that:
(a) one director appointed under clause 5 (3) (a), or
(b) one director appointed under clause 5 (3) (b), or
(c) both a director appointed under clause 5 (3) (a) and a director
appointed under clause 5 (3) (b),
may (but need not) be appointed as a full-time director.
7 Term of appointment
(1) Subject to the Corporations Act and the constitution:
(a) a director appointed under clause 5 (3) (a) is appointed for such
period (not exceeding 5 years) as is specified by the CFMEU in
its nomination under that paragraph, and
Page 43
Coal Industry Bill 2001
Schedule 5 Provisions to be included in constitution of approved company
(b) a director appointed under clause 5 (3) (b) is appointed for such
period (not exceeding 5 years) as is specified by the Minerals
Council in its nomination under that paragraph, and
(c) a director appointed under clause 5 (3) (c) or (d) is appointed
for such period (of at least 1 year but not exceeding 5 years) as
is specified in the director's instrument of appointment, and
(d) a director appointed under clause 5 (6) is appointed only for so
long as is necessary (in each case) for the directors to agree on
a nomination for the purposes of clause 5 (3) (d) or (4), as the
case may require.
(2) If a period of appointment is not specified in a nomination referred to
in clause 5 (3) (a) or (b), the director concerned is appointed for such
period (not exceeding 5 years) as is specified in the director's
instrument of appointment.
(3) On the expiry of the period for which a director is appointed, the
director is eligible (if otherwise qualified) for re-appointment.
8 Withdrawal of nomination
(1) The CFMEU or the Minerals Council may notify the Minister that it
withdraws a nomination made by it under clause 5 (3) (a) or (b).
(2) Such a notification:
(a) may be given at any time, and
(b) must nominate another person (the new nominee) in place of
the person whose nomination is withdrawn (the prior
nominee).
(3) If the prior nominee is a director, the Minister must, on receipt of the
notification referred to in subclause (1):
(a) revoke the appointment of the prior nominee as director, and
(b) appoint the new nominee as a director for the balance of the
period for which the prior nominee was appointed.
(4) The prior nominee is removed from the office of director on the
revocation of his or her appointment as such.
(5) The new nominee has all the functions as director (including, if
relevant, the function of Chairperson) that were functions of the prior
nominee.
Page 44
Coal Industry Bill 2001
Provisions to be included in constitution of approved company Schedule 5
9 Chairperson
(1) The Chairperson of Directors for the period of the first 2 years of the
company's existence is to be a director selected by the Minister
(subject to subclause (2)) from the directors appointed under clause
5 (3) (a) or (b).
(2) If a director appointed under either of those paragraphs has been
appointed as a full-time director, the Chairperson is to be that
appointee (or selected from those appointees, as the case may be).
(3) On the expiry of the first 2-year period of the company's existence,
and on the expiry of each subsequent period of 2 years, the Minister is
to select and appoint as Chairperson of Directors for the immediately
following period of 2 years:
(a) if the immediately previous Chairperson was appointed under
clause 5 (3) (b)--a director appointed under clause 5 (3) (a), or
(b) if the immediately previous Chairperson was appointed under
clause 5 (3) (a)--a director appointed under clause 5 (3) (b).
(4) If the Chairperson's period of appointment as a director is due to
expire before the expiry of the period for which the director is
appointed as Chairperson, the period for which the director was
appointed as a director is taken (subject to clause 8) to be extended
until the expiry of the period for which the director is appointed as
Chairperson.
10 Financial arrangements
(1) If the company exercises both:
(a) functions exercised by the Joint Coal Board (being the body
corporate constituted in pursuance of the Coal Industry
Act 1946) before the dissolution of that Board, and
(b) functions exercised by the Mines Rescue Board (being the
corporation constituted by the Mines Rescue Act 1994) before
the dissolution of that Board,
separate funds are to be maintained in respect of those functions.
(2) Each of those funds is to be credited and debited only in connection
with the functions to which it relates.
Page 45
Coal Industry Bill 2001
Schedule 6 Amendment of Coal Industry Act 1946 No 44
Schedule 6 Amendment of Coal Industry Act 1946
No 44
(Section 55)
[1] Section 1 Short title and construction
Insert "(Industrial Matters)" after "Industry" in section 1 (1).
[2] Section 4 Interpretation
Omit the definitions of approved bank, full-time member, member, part-
time member, prescribed, the Board, the Commonwealth Act, the
Commonwealth Minister and the State Minister from section 4 (1).
[3] Parts 2 (Administration), 3 (Powers and functions of Joint Coal Board)
and 6 (Finance)
Omit the Parts (sections 522, 2335 and 35A35C, 35E35J and 35L).
[4] Part 8 Miscellaneous
Omit Divisions 1 and 2 (except sections 63 and 64).
[5] Schedule 1 Savings and transitional provisions
Omit from clause 1 (1):
· Coal Industry (Amendment) Act 1992
[6] Schedule 1, Part 2
Omit the Part.
Page 46
Coal Industry Bill 2001
Amendment of other Acts Schedule 7
Schedule 7 Amendment of other Acts
(Section 56)
7.1 Ambulance Services Act 1990 No 16
Section 23 Unauthorised provision of ambulance transport
Omit section 23 (3) (d). Insert instead:
(d) the mines rescue company, within the meaning of the
Coal Industry Act 2001, (or a member, director or
employee of that company) in the exercise of mines
rescue functions under Division 3 of Part 3, or Part 4, of
that Act, or
(d1) a member of the New South Wales Mines Rescue
Brigade established under the Coal Industry Act 2001,
or
7.2 Coal and Oil Shale Mine Workers (Superannuation) Act 1941
No 45
[1] Section 17B
Insert before section 18:
17B Definition
In this Part, Approved Company means the company approved
by the Minister administering the Coal Industry Act 2001 for
the purpose of exercising the function specified in section 10
(1) (l) of that Act.
[2] Section 18A Payments into Amalgamated Fund
Omit "Joint Coal Board" from section 18A (c).
Insert instead "Approved Company".
Page 47
Coal Industry Bill 2001
Schedule 7 Amendment of other Acts
[3] Section 18C Special provisions applicable to pension account
Omit "Joint Coal Board" from section 18C (1) (a).
Insert instead "Approved Company".
[4] Section 18C (3)
Omit "Joint Coal Board sub-account (which is a continuation of the account
kept under this section as in force immediately before 1 July 2000, being the
date on which Schedule 1 [9] to the Coal and Oil Shale Mine Workers
(Superannuation) Amendment (1999 Superannuation Agreement) Act 2000
commenced)".
Insert instead "Approved Company sub-account (which is a continuation of
the account kept under this section as in force immediately before the date
on which Schedule 7.2 [4] to the Coal Industry Act 2001 commenced)".
[5] Section 18C (3) (a)
Omit "Joint Coal Board". Insert instead "Approved Company".
[6] Section 18C (4)
Omit "Joint Coal Board" wherever occurring.
Insert instead "Approved Company".
7.3 Coal Mines Regulation Act 1982 No 67
[1] Section 113A
Insert before section 114:
113A Definition
In this Division, approved company means the approved
company (within the meaning of the Coal Industry Act 2001)
nominated in writing by the Minister for the purposes of this
Division.
Page 48
Coal Industry Bill 2001
Amendment of other Acts Schedule 7
[2] Sections 114, 115 and 117
Omit "Joint Coal Board" wherever occurring.
Insert instead "approved company".
7.4 First State Superannuation Act 1992 No 100
Section 6 Who is an employer?
Omit section 6 (3).
7.5 Local Government Act 1993 No 30
Section 556 What land is exempt from all rates, other than water
supply special rates and sewerage special rates?
Omit section 556 (1) (o). Insert instead:
(o) land that:
(i) is vested in the mines rescue company, within
the meaning of the Coal Industry Act 2001, and
(ii) is used for the purposes of a mine rescue station
controlled by that company,
7.6 Public Finance and Audit Act 1983 No 152
Schedule 2 Statutory bodies
Omit "Mines Rescue Board".
Page 49
Coal Industry Bill 2001
Schedule 7 Amendment of other Acts
7.7 State Authorities Non-contributory Superannuation Act 1987
No 212
Section 6 Provisions respecting certain employees
Omit section 6 (2).
7.8 State Authorities Superannuation Act 1987 No 211
Section 8 Provisions respecting certain employees
Omit section 8 (2).
7.9 State Public Service Superannuation Act 1985 No 45
Section 5 Definitions
Omit section 5 (4).
7.10 Superannuation Act 1916 No 28
[1] Section 3B Certain persons to be regarded as employers for the
purposes of this Act
Omit section 3B (2).
[2] Schedule 26
Omit "Joint Coal Board" from Part 2.
Page 50
Coal Industry Bill 2001
Amendment of other Acts Schedule 7
7.11 Water Management Act 2000 No 92
Schedule 4 Land exempt from water supply authority service
charges
Omit item 17. Insert instead:
(17) Land that:
(a) is vested in the mines rescue company, within the
meaning of the Coal Industry Act 2001, and
(b) is used for the purposes of a mine rescue station
controlled by that company.
7.12 Workers Compensation Act 1987 No 70
[1] Section 7A
Insert after section 7:
7A Application of Act in respect of coal industry
(1) The workers compensation company (within the meaning of
the Coal Industry Act 2001) is taken to be a licensed insurer
that is a specialised insurer under, and for the purposes of, this
Act.
(2) However, the following provisions of this Act do not apply to
or in respect of the workers compensation company:
(a) Division 6 of Part 4,
(b) sections 156 and 156B,
(c) Divisions 2, 3, 4, 5, 6, 6A and 7 of Part 7.
(3) For avoidance of doubt:
(a) an employee of an employer in the coal industry is not
eligible to make a claim under Division 6 of Part 4, and
(b) a person who is taken, under Schedule 1 to the
Workplace Injury Management and Workers
Compensation Act 1998, to be a worker employed by
another person is not entitled to make a claim referred
Page 51
Coal Industry Bill 2001
Schedule 7 Amendment of other Acts
to in paragraph (a) if the other person by whom the
person is taken to be employed is engaged in the coal
industry.
(4) The workers compensation company is taken to be the insurer
under this Act of all employers in the coal industry (whether or
not any such employer maintains a policy of insurance with that
company).
[2] Section 217 Definitions
Omit paragraph (a) of the definition of insurer in section 217 (1).
7.13 Workplace Injury Management and Workers Compensation
Act 1998 No 86
[1] Section 9A
Insert after section 9:
9A Application of Act in respect of coal industry
(1) The workers compensation company (within the meaning of
the Coal Industry Act 2001) is taken to be a licensed insurer
that is a specialised insurer under, and for the purposes of, this
Act.
(2) However, the following provisions of this Act do not apply to
or in respect of the workers compensation company:
(a) sections 146 and 146A,
(b) Parts 3, 4, 5, 6, 7, 8 and 9 of Chapter 5.
(3) For avoidance of doubt:
(a) an employee of an employer in the coal industry is not
eligible to make a claim under Part 9 of Chapter 5, and
(b) a person who is taken, under Schedule 1, to be a worker
employed by another person is not entitled to make a
claim referred to in paragraph (a) if the other person by
whom the person is taken to be employed is engaged in
the coal industry.
Page 52
Coal Industry Bill 2001
Amendment of other Acts Schedule 7
(4) The workers compensation company is taken to be the insurer
under this Act of all employers in the coal industry (whether or
not any such employer maintains a policy of insurance with
that company).
[2] Schedule 1 Deemed employment of workers
Omit "for the purposes of the Mines Rescue Act 1994" from clause 8 (1) (a).
Insert instead "in accordance with Part 4 of the Coal Industry Act 2001".
[3] Schedule 1, clause 8 (1) and (2)
Omit "Mines Rescue Board" wherever occurring.
Insert instead "mines rescue company".
[4] Schedule 1, clause 8 (3)
Insert after clause 8 (2):
(3) In this clause, mines rescue company means the mines rescue
company within the meaning of the Coal Industry Act 2001.
Page 53
Coal Industry Bill 2001
Schedule 8 Savings, transitional and other provisions
Schedule 8 Savings, transitional and other provisions
(Section 57)
Part 1 Preliminary
1 Regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) Any such provision may, if the regulations so provide, take effect from
the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that
is earlier than the date of its publication in the Gazette, the provision
does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to
be done before the date of its publication.
Part 2 Provisions consequent on the enactment of this
Act
2 Dissolution of Joint Coal Board
(1) On the dissolution date, a person holding office as a member of the
Joint Coal Board immediately before that date ceases to hold that
office.
(2) A person who ceases to hold office under subclause (1) is not entitled
to any remuneration or compensation because of loss of that office.
Page 54
Coal Industry Bill 2001
Savings, transitional and other provisions Schedule 8
3 Joint Coal Board workers compensation schemes
Any workers compensation scheme established by the Joint Coal
Board and in operation under section 27 of the Coal Industry Act 1946
immediately before the repeal of that section is taken to have been
established by the approved company nominated by the Minister for
the purposes of this clause.
4 Orders of Joint Coal Board
(1) Any order of the Joint Coal Board made and in force under section 29
of the Coal Industry Act 1946 immediately before the repeal of that
section is taken to have been made under section 13 of this Act by the
approved company nominated by the Minister for the purposes of this
clause and may be amended or revoked by that company.
(2) A reference in any such order to the Joint Coal Board is taken to be a
reference to the approved company so nominated.
5 Dissolution of Mines Rescue Board
(1) On the commencement of section 8, a person holding office as a
member of the Mines Rescue Board immediately before that
commencement ceases to hold that office.
(2) A person who ceases to hold office under subclause (1) is not entitled
to any remuneration or compensation because of loss of that office.
6 Brigade is continuation of New South Wales Mines Rescue Brigade
(1) The Brigade is a continuation of the New South Wales Mines Rescue
Brigade established by the former 1994 Act.
(2) A person who was, immediately before the repeal of the former 1994
Act, a member of the New South Wales Mines Rescue Brigade is
taken to be a member of the Brigade appointed under this Act and may
be removed in accordance with this Act.
7 Staff superannuation schemes
Any staff superannuation scheme established by the Mines Rescue
Board and in operation under the former 1994 Act immediately before
the repeal of that Act is taken to have been established by the
approved company nominated by the Minister for the purposes of this
clause.
Page 55
Coal Industry Bill 2001
Schedule 8 Savings, transitional and other provisions
8 Contributions of owners of coal mines
(1) A regulation in force under section 31 of the Mines Rescue Act 1994
immediately before the repeal of that Act (being a regulation that
prescribes the amount that the owner of a coal mine must pay to the
Mines Rescue Board in respect of a particular financial year of the
Board) is taken to be a determination of the mines rescue company
under section 19 of this Act in respect of the financial year concerned.
(2) However, an owner of a coal mine who has paid to the Mines Rescue
Board the amount prescribed by such a regulation is not required to
pay that amount to the mines rescue company.
9 Construction of certain references
(1) A reference in any Act, in any instrument made under any Act or in
any document of any kind, to:
(a) the Joint Coal Board, or
(b) the Mines Rescue Board,
is taken (except as the regulations otherwise provide) to be a reference
to the approved company exercising the relevant functions of the
Board concerned.
(2) A reference in any Act, in any instrument made under any Act or in
any document of any kind, to the Mines Rescue Brigade is taken to be
a reference to the Mines Rescue Brigade established by this Act.
Page 56
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