MINE HEALTH AND SAFETY BILL 2002

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

MINE HEALTH AND SAFETY BILL 2002

New South Wales Mine Health and Safety Bill 2002 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 3 Definitions 2 4 Certain things are part of a mine 6 5 When an employee is at work 6 6 Risks arising from activities at work 6 7 Notes 7 Part 2 Application of Act 8 Application of Act 8 9 Act does not apply to certain mines 9 10 Act does not apply to coal mines 9 11 Act does not apply to civil engineering work 9 b02-123-p01.11

Mine Health and Safety Bill 2002 Contents Page 12 Act does not apply to certain other operations 9 13 Act to bind Crown 9 Part 3 Objects of Act 14 Objects of Act 10 Part 4 Application of Occupational Health and Safety Act 2000 15 Act to be read as part of OH&S Act 11 16 Act adds to protection provided by the OH&S Act 11 17 OH&S Act prevails 11 18 Compliance with this Act is no defence to prosecution under OH&S Act 12 19 Relationship between duties under this Act and OH&S Act 12 20 No double jeopardy 12 21 Documents 12 Part 5 Duties relating to health, safety and welfare at mines Division 1 Duties of mine holders 22 Duty to nominate the operator of a mine 13 23 Chief Inspector may declare person an operator 14 24 Mine holder must give operator health and safety information14 25 Penalty for offence against this Division 14 Division 2 Duties of operators of mines Subdivision 1 General duties 26 Identification of hazards and assessment of risks 15 27 Elimination or control of risks 15 28 Worker safety 15 Subdivision 2 Mine safety management plans 29 Duty of operator to prepare mine safety management plan 15 30 No work without mine safety management plan 16 31 Duty of operator to ensure compliance with mine safety management plan 16 32 Contents of mine safety management plan 16 33 Consultation 17 34 Obligations concerning mine safety management plan 17 35 Access to mine safety management plan 17 36 Former operator must return information 17 Contents page 2

Mine Health and Safety Bill 2002 Contents Page Subdivision 3 Management structure 37 Operator must prepare management structure 18 38 Register of persons occupying positions 18 Subdivision 4 Duties regarding contractors 39 Operator to prepare contractor management plan 19 40 Content of contractor management plan 19 41 Operator to ensure contractor's familiarity with systems 19 42 Duties of operator regarding contractors 19 Subdivision 5 Emergency management 43 Meaning of "emergency" 20 44 Operator must prepare emergency plan 20 45 No mining or quarrying without emergency plan 20 46 Contents of emergency plan 21 47 Review and testing 21 Subdivision 6 Keeping of records and reporting 48 Keeping of records by operators 21 49 Reporting by operators 21 Subdivision 7 Penalties 50 Penalty for offence against this Division 22 Subdivision 8 Saving of certain notices and directions 51 Saving of certain notices and directions 22 Division 3 Duties and rights of employees 52 Duties of employees 22 53 Rights of employees 23 54 Employees cannot be unlawfully dismissed or victimised 23 55 Division applies to employees of contractor 25 Division 4 Duties of those in management positions 56 Those in management positions must comply with mine safety management plan 25 57 Those in management positions must inform operator of non-compliance 25 58 Further obligations 26 59 Penalty for offence against this Division 26 Division 5 Duties of supervisors 60 Supervisor must comply with mine safety management plan 26 61 Supervisor must inform operator of non-compliance 27 Contents page 3

Mine Health and Safety Bill 2002 Contents Page 62 Further obligations 27 63 Penalty for offence against this Division 27 Division 6 Duties of and in relation to contractors 64 Contractor must comply with operator's mine safety management plan 27 65 Contractor's safety management plan 28 66 Duties of contractors regarding safe work method statement 29 67 Contractor to ensure work carried out in accordance with safe work method statement 30 68 Contractor's duties regarding subcontractors 30 69 Penalty for offence against this Division 31 Division 7 Duties to give notice 70 Duty to give notice of drilling operations 31 71 Other duties to give notice 31 72 Penalty for offence against this Division 32 Division 8 General 73 Person may have more than one duty 32 74 Relationship between duties under this Part and regulations 32 75 Alternative verdicts 32 76 Multiple contraventions of general duties under this Part 33 77 Civil liability not affected by this Part 33 Part 6 Safety of mines Division 1 Mine plans 78 Application of Division 34 79 References to plans 34 80 Mine plan must be prepared 34 81 Contents of mine plan 34 82 Revision of mine plan 35 83 Access to mine plan 35 84 Inspection of mine plan by government officials 35 85 Government official may require plan of workings carried out 35 86 Plans to be deposited with Minister 36 87 Penalty for offence against this Division 36 Division 2 Hours of work 88 Hours of work and associated working arrangements below ground 37 89 Chief Inspector may require alteration of hours of work 37 90 Regulations concerning hours of work 38 91 Display of shift roster regimes 38 Contents page 4

Mine Health and Safety Bill 2002 Contents Page 92 Recording of hours worked 38 93 Penalty for offence against this Division 38 94 Defence 39 Division 3 Tourist and educational activities 95 Definitions 39 96 Tourist activities in mines or use of former mines for educational purposes not allowed without a permit 39 97 Issue of tourist and educational permits 39 98 Revocation or variation of permits 40 99 Penalty for offence against this Division 40 Part 7 Notification of incidents Division 1 Notification of certain incidents 100 Notification of certain incidents and other matters 41 101 Non-disturbance of plant involved in notifiable incidents (and of surrounding area) 41 102 Records of notifications 42 103 Penalty for offence against this Division 42 Division 2 Health and safety 104 Records of medical and first aid treatment 43 105 Offence relating to reporting of safety matters 43 106 Penalty for offence against this Division 43 Division 3 Inquiries 107 Boards of Inquiry 44 108 Witnesses and evidence at special inquiries 45 109 Report by Board of Inquiry 46 110 No appeal against exercise of functions by Boards of Inquiry 46 111 Penalty for offence against this Division 46 Part 8 Stop work orders 112 Minister may make stop work order 47 113 Prior notification of making of stop work order not required 47 114 Extension of stop work order 47 115 Consultation about modification of proposed detrimental action 48 116 Stop work order prevails over other instruments 48 117 Costs of enforcing stop work order 48 118 Offence: failure to comply with a stop work order 49 Contents page 5

Mine Health and Safety Bill 2002 Contents Page Part 9 Competence standards Division 1 Key obligations 119 Regulations may specify functions to which this Part applies 51 120 Operator to ensure only competent persons employed to perform specified functions 51 121 Contractor to ensure only competent persons employed to perform specified functions 51 122 Only competent persons to perform specified functions 51 123 Penalty for offence against this Division 51 Division 2 Metalliferous Mines and Extractive Industries Competence Board 124 Constitution of Metalliferous Mines and Extractive Industries Competence Board 52 125 Ministerial control of Board 52 126 Membership of Board 52 127 Procedure of Board 52 Division 3 Functions of Board 128 Functions of Board 53 129 Annual report 53 130 Review of competence arrangements 53 Division 4 Certificates of competence 131 Certificates of competence may be granted 54 132 Regulations concerning competence standards 54 133 Ministerial orders 55 Division 5 Offences 134 Offences: certificates of competence 56 135 Offence of forging or having forged document 56 136 False or misleading statements 56 137 Offences if a person's competence is declared as not recognised 56 138 Penalty for offence against this Division 57 Part 10 Oversight of mines Division 1 Outline of this Part 139 Outline of this Part 58 Contents page 6

Mine Health and Safety Bill 2002 Contents Page Division 2 Inspections by government officials Subdivision 1 Appointment of government officials 140 Appointment of government officials 58 141 Appointment of consultants as investigators 58 Subdivision 2 Functions of government officials 142 Functions of Chief Inspector 59 143 Bringing concerns regarding health, safety or welfare to the attention of operators 59 144 Consideration and investigation of complaints 59 145 Audit and review of mine safety management plans 60 146 Additional functions 60 Subdivision 3 Powers of government officials 147 Inspection powers 60 148 Powers of entry at any time 61 149 Power to cross land 61 150 Power to require plan 61 Division 3 Inspections on behalf of work force Subdivision 1 Site check inspectors 151 Site check inspectors 61 152 Trigger for election 62 153 Conduct of election of site check inspectors 62 154 Term of office 63 155 Vacation of office of site check inspector 63 156 Notification of election 64 157 Functions of site check inspectors 64 158 Training of site check inspectors 65 159 Rights of site check inspectors 65 160 Duties of operators in relation to site check inspectors 66 161 Duties of contractors in relation to site check inspectors 67 162 Assistance to site check inspectors 67 Subdivision 2 Inspections on behalf of work force 163 Inspections by site check inspectors 68 164 Site check inspector may be accompanied by operator's representative 68 165 Site check inspector must not leave work without prior notice 68 166 Power to cross land 69 Contents page 7

Mine Health and Safety Bill 2002 Contents Page Part 11 Mining industry codes of practice 167 Purpose of industry codes of practice 70 168 Minister may prepare draft codes 70 169 Consultation on draft codes 70 170 Approval of codes by Minister 70 171 Publication, commencement and availability of codes 70 172 Amendment or revocation of codes 71 173 Use of codes 71 Part 12 Regulations 174 Regulations: general power 72 175 Regulations: specific miscellaneous powers 72 176 Regulations may prescribe decisions that are to be reviewable by Administrative Decisions Tribunal 77 177 Regulations: adapting duties under Part 5 77 178 Regulations concerning application of Part 5 to contractors 77 179 Regulations may adopt other publications 77 180 Regulations may create criminal offences 77 181 Exemptions 78 182 Regulations relating to consultation 78 Part 13 Miscellaneous Division 1 Enforcement 183 Offences by corporations 79 184 Aiding or abetting the commission of offences 79 185 Defence 80 186 Defences to criminal proceedings not affected by this Act 80 Division 2 Information 187 Disclosure of information 80 188 False or misleading statements 81 189 Defence 81 Division 3 Exercise and delegation of functions 190 Chief Inspector subject to Ministerial control 81 191 Minister may exercise function of Chief Inspector 81 192 Delegation of functions by the Minister 81 193 Delegation of functions by Chief Inspector 82 194 Delegation of functions by Director-General 82 Contents page 8

Mine Health and Safety Bill 2002 Contents Page Division 4 Service of documents 195 Service of documents 82 196 Supply of documents to an operator 83 197 Supply of documents to Chief Inspector 83 Division 5 Fees 198 Fees 83 Division 6 General 199 Protection from liability 84 200 No obligation to exercise power 84 Part 14 Repeals and amendments 201 Repeals 85 202 Amendment of Mining Act 1992 No 29 85 203 Amendment of Occupational Health and Safety Act 2000 No 40 85 204 Amendment of other Acts 85 205 Savings, transitional and other provisions 85 206 Review of Act 85 Schedules 1 Amendment of Mining Act 1992 86 2 Amendment of Occupational Health and Safety Act 2000 88 3 Amendment of other Acts 91 4 Savings, transitional and other provisions 94 Contents page 9

New South Wales Mine Health and Safety Bill 2002 No , 2002 A Bill for An Act to secure the health, safety and welfare of persons in connection with metalliferous mines, opal mines and quarries; to repeal the Mines Inspection Act 1901; to amend certain Acts; and for other purposes.

Clause 1 Mine Health and Safety Bill 2002 Part 1 Preliminary 1 The Legislature of New South Wales enacts: Part 1 Preliminary 2 3 1 Name of Act 4 This Act is the Mine Health and Safety Act 2002. 5 2 Commencement 6 This Act commences on a day or days to be appointed by 7 proclamation. 8 3 Definitions 9 In this Act: 10 authorised representative has the same meaning as in section 76 of 11 the Occupational Health and Safety Act 2000. 12 Board means the Metalliferous Mines and Extractive Industries 13 Competence Board constituted by section 124. 14 Board of Inquiry means a Board of Inquiry constituted under 15 section 107. 16 certificate of competence means a certificate granted under section 17 131 that is in force. 18 Chief Inspector means the person appointed as Chief Inspector 19 under section 140. 20 coal includes oil shale and kerosene shale, but does not include peat. 21 competent means having appropriate experience, knowledge, skills 22 and capabilities. 23 contractor, in relation to a mine, means a person who is not an 24 employee employed to work at a mine, who undertakes work at the 25 mine, but does not include the operator of the mine. 26 contractor management plan for a mine means a contractor 27 management plan prepared for the mine under section 39. 28 Department means the Department of Mineral Resources. 29 direction includes any instruction, order or requirement authorised 30 by this Act to be given or made by the Minister or an inspector. 31 Director-General means the Director-General of the Department. Page 2

Mine Health and Safety Bill 2002 Clause 3 Preliminary Part 1 1 emergency plan for a mine means an emergency plan prepared for 2 the mine under section 44. 3 employee means an individual who works under a contract of 4 employment or apprenticeship. 5 employer means a person who employs persons under contracts of 6 employment or apprenticeship. 7 evidence of competence means a certificate of competence or other 8 evidence of competence acceptable to the Minister. 9 exercise a function includes perform a duty. 10 function includes power, duty and authority. 11 government official means a person appointed under section 140 or 12 141. 13 inspector means a person appointed as an inspector under section 14 140. 15 investigator means a person appointed as an investigator under 16 section 140 or 141. 17 involved union means a Federal or State industrial organisation of 18 employees of which a person employed to engage in work at a mine 19 is a member, where that person is qualified to be such a member by 20 virtue of the work that the person performs in his or her employment 21 at the mine. 22 machinery means any device or item of plant, whether fixed or 23 mobile (however powered), that is used: 24 (a) to do work at or about a mine, or 25 (b) for the treatment of any product of a mine. 26 management structure for a mine means the management structure 27 prepared for the mine under section 37. 28 mine--see section 8. 29 mine holder means: 30 (a) in relation to a mine holding that is registered--the person 31 whose application for registration is accepted for the mine 32 holding under the Mining Act 1992, or 33 (b) in relation to a mine holding that could be registered but is not 34 registered--the person who holds an authority, mineral claim 35 or opal prospecting licence issued for the site on which the Page 3

Clause 3 Mine Health and Safety Bill 2002 Part 1 Preliminary 1 mine holding stands under the Mining Act 1992 or a licence 2 issued for the site under the Offshore Minerals Act 1999, or 3 (c) in relation to land where there is no requirement for 4 authorisation of mines in the Mining Act 1992 or the Offshore 5 Minerals Act 1999--the person with the right to extract 6 minerals or quarry product from the land. 7 mine holding means a mine holding registered in accordance with 8 section 163A of the Mining Act 1992. 9 mine plan for a mine means a mine plan prepared under section 80. 10 mine safety management plan for a mine means a mine safety 11 management plan prepared for the mine under section 29. 12 mine safety officer means a person appointed as a mine safety 13 officer under section 140. 14 mineral means any substance that is for the time being a mineral 15 within the meaning of the Mining Act 1992 or the Offshore Minerals 16 Act 1999, but does not include coal or shale. 17 mining industry code of practice means a mining industry code of 18 practice under Part 11. 19 open cut mine means a mine in which persons are not employed 20 underground when the mine is being worked. 21 operator means: 22 (a) the mine holder, if the mine holder nominated himself, herself 23 or itself as the operator of the mine under section 22, or 24 (b) the person nominated by the mine holder as the operator of the 25 mine, and accepted by the Chief Inspector, under section 22, 26 or 27 (c) the mine holder, if the mine holder has not nominated 28 someone under section 22 or any nomination has been 29 rejected, or 30 (d) in any case, the person declared by the Chief Inspector to be 31 the operator under section 23. 32 place of work means premises where persons work. 33 plan and sections include correct copies or tracings of any original 34 plan and sections. Page 4

Mine Health and Safety Bill 2002 Clause 3 Preliminary Part 1 1 plant includes any machinery, equipment (including scaffolding), 2 appliance, implement or tool and any component or fitting of, or 3 accessory to, any machinery, equipment, appliance, implement or 4 tool. 5 premises includes any place, and in particular includes: 6 (a) any land, building or part of any building, and 7 (b) any vehicle, vessel or aircraft, and 8 (c) any installation on land, on the bed of any waters or floating 9 on any waters, and 10 (d) any tent or moveable structure. 11 previous offender, in relation to the maximum penalty for an 12 offence, means a person who has, at any time before being 13 sentenced for that offence, been convicted of any other offence of 14 any kind against: 15 (a) this Act, or 16 (b) the Mines Inspection Act 1901, or 17 (c) the Occupational Health and Safety Act 2000, or 18 (d) the Occupational Health and Safety Act 1983. 19 production operations includes development works carried out for 20 the purposes of production operations at a mine. 21 quarry includes any place, open cut, or excavation in which or by 22 which any operation is carried on above ground for or in connection 23 with the purpose of obtaining any quarry product and any place 24 adjoining that place on which any product of the quarry is stacked, 25 stored or treated. 26 quarry product means conglomerate, sandstone, shale, basalt, 27 andesite, trachyte, porphyry and any other rock, or sand, clay, shale, 28 gravel, soil, peat and any other material connected with the 29 formation or weathering of rock, extracted or treated for commercial 30 or industrial purposes but does not include coal. 31 risks--see section 6. 32 site check inspector, in relation to a mine, means a person elected 33 under section 151 as a site check inspector for the mine. 34 stop work order means an order under section 112. 35 supervisor means a person nominated as a supervisor in the 36 management structure for a mine. Page 5

Clause 4 Mine Health and Safety Bill 2002 Part 1 Preliminary 1 treatment means: 2 (a) the crushing, grinding, classifying, reducing, smelting, 3 concentrating, precipitating or separating of any product of a 4 mine or of any quarry product, or 5 (b) any other process, or part of a process, for obtaining any metal 6 or mineral from the product of a mine, or 7 (c) the mixing of any quarry product with any substance so as to 8 produce ready mix concrete or bitumen hot mix, or 9 (d) the sorting, grading and preparation of recycled concrete, 10 recycled brick, recycled bitumen, recycled stone or recycled 11 rock to be blended with any quarry product. 12 underground mine means a mine in which persons are employed 13 below ground when the mine is being worked. 14 vehicle includes any mechanically driven machine capable of 15 moving under its own power. 16 4 Certain things are part of a mine 17 For the purposes of this Act, any building, structure, pit, shaft, drive, 18 level, incline, decline, excavation or work within a mine holding: 19 (a) that is in the course of construction and that is intended to be 20 part of a mine, or 21 (b) that is a part of a mine and that is in the course of being 22 abandoned, or 23 (c) that is a part of a mine the operations at or in which are in the 24 course of being discontinued, 25 is taken to be part of a mine. 26 5 When an employee is at work 27 For the purposes of this Act, an employee is at work at a mine 28 throughout the time when the employee is at the mine, but not 29 otherwise. 30 6 Risks arising from activities at work 31 For the purposes of this Act, risks arising out of the activities of 32 persons at work include risks attributable to: 33 (a) the manner of conducting an undertaking, or Page 6

Mine Health and Safety Bill 2002 Clause 7 Preliminary Part 1 1 (b) the plant or substances used for the purposes of an 2 undertaking, or 3 (c) the condition of premises (or any part of premises) used for 4 the purposes of an undertaking. 5 7 Notes 6 Notes included in this Act do not form part of this Act. Page 7

Clause 8 Mine Health and Safety Bill 2002 Part 2 Application of Act Part 2 Application of Act 1 2 8 Application of Act 3 (1) This Act applies to the following places of work (which are called 4 mines in this Act): 5 (a) any place within a mine holding, 6 (b) any place where any of the following activities take place: 7 (i) the extraction of material from land for the purpose of 8 recovering minerals or quarry product, 9 (ii) the rehabilitation of land during or after mining or 10 quarrying or the rehabilitation of any place that has 11 been affected due to such a process of extraction or 12 treatment of materials so extracted, 13 (iii) the exploration for minerals or quarry product, 14 (iv) the treatment of extracted material at or near the 15 extraction site, 16 (v) the storage of waste from or treatment of the mineral or 17 quarry material at or near a mine or quarry site, 18 (vi) recycling operations at or near a mine or quarry site that 19 are reasonably connected with the extraction operations 20 at that mine or quarry, 21 (vii) the treatment and separation of zircon, rutile, ilmenite, 22 monazite and associated materials, 23 (c) ready-mix concrete or bitumen hot mix plants adjoining a 24 quarry and with a directly shared workforce and management 25 structure, 26 (d) any mine or quarry used for educational or tourist purposes, 27 whether or not the mine or quarry is in operation, 28 (e) any area declared by the Minister to be a mine by notice 29 published in the Gazette. 30 (2) Part 6 also applies to abandoned mines or quarries and to operations 31 associated with the care, security or maintenance of mines and 32 quarries when mining or quarrying is suspended, including sites 33 during restoration, decommissioning or abandonment. Page 8

Mine Health and Safety Bill 2002 Clause 9 Application of Act Part 2 9 Act does not apply to certain mines 1 2 The Minister may, by notice published in the Gazette, declare that 3 this Act does not apply to any mine, or any class of mines, specified 4 in the notice. 5 10 Act does not apply to coal mines 6 This Act does not apply to a place of work to which the Coal Mine 7 Health and Safety Act 2002 applies. 8 11 Act does not apply to civil engineering work 9 (1) Subject to the regulations and any declaration made by the Minister 10 under section 8 (1) (e), this Act does not apply to the extraction or 11 treatment of quarry material where those activities are an integral 12 part of any civil engineering work. 13 (2) Subject to the regulations, this Act does not apply to underground 14 work involving such activities even if they are an integral part of any 15 civil engineering work. 16 (3) In this section, civil engineering work means the construction, 17 structural alteration, repair, maintenance and demolition of, for 18 example, airports, docks, harbours, inland waterways, dams, river 19 and avalanche and sea defence works, roads and highways, 20 railways, bridges and tunnels, viaducts and works related to the 21 provision of services such as communications, drainage, sewerage, 22 water and energy supplies. 23 12 Act does not apply to certain other operations 24 This Act does not apply to any part of a mine used for the purpose 25 only of manufacturing bricks, tiles, pottery, earthenware pipes, 26 terracotta, china ware, refractory material or cement. 27 13 Act to bind Crown 28 This Act binds the Crown in right of New South Wales and, in so far 29 as the legislative power of Parliament permits, the Crown in all its 30 other capacities. Page 9

Clause 14 Mine Health and Safety Bill 2002 Part 3 Objects of Act Part 3 Objects of Act 1 2 14 Objects of Act 3 The objects of this Act are: 4 (a) to assist in securing the objects of the Occupational Health 5 and Safety Act 2000 at mines (including the object of securing 6 and promoting the health, safety and welfare of persons at 7 work at mines or related places), and 8 (b) to ensure that the particular hazards associated with mines are 9 identified, assessed and eliminated or controlled, and 10 (c) to ensure that effective provisions for emergencies are 11 developed and maintained at mines, and 12 (d) to ensure that managers, supervisors and employees are 13 competent, by ensuring that appropriate health and safety 14 competencies are defined and implemented in the mining and 15 quarrying industry. Page 10

Mine Health and Safety Bill 2002 Clause 15 Application of Occupational Health and Safety Act 2000 Part 4 Part 4 Application of Occupational Health and 1 Safety Act 2000 2 Note. 3 The Occupational Health and Safety Act 2000 is the main Act that deals with the 4 health, safety and welfare of persons at work, including persons at work at a 5 mine. This Part explains how this Act fits in with the Occupational Health and 6 Safety Act 2000. Basically, this Act creates additional protections, rights and 7 obligations necessary because of the special risks associated with mines. It 8 should be read as if it were part of the Occupational Health and Safety Act 2000. 9 This Part makes it clear that this Act provides for an increase in the standard of 10 protection of persons at work at mines and never results in lesser protection 11 than the Occupational Health and Safety Act 2000 would otherwise provide. 12 15 Act to be read as part of OH&S Act 13 This Act and the regulations made under this Act are to be read and 14 interpreted as if they formed part of the Occupational Health and 15 Safety Act 2000. 16 16 Act adds to protection provided by the OH&S Act 17 If a provision of the Occupational Health and Safety Act 2000 or the 18 regulations made under that Act applies to mines, that provision 19 continues to apply, and must be observed, in addition to this Act or 20 the regulations made under this Act. 21 Note. For example, Part 2 of the Occupational Health and Safety Act 2000 22 imposes duties relating to health, safety and welfare at mines. So does Part 5 23 of this Act. The provisions of this Act apply in addition to those of the OH&S Act 24 and do not remove any OH&S protections, rights or obligations. 25 17 OH&S Act prevails 26 (1) If a provision of this Act or the regulations made under this Act is 27 inconsistent with a provision of the Occupational Health and Safety 28 Act 2000 or the regulations made under that Act, the Occupational 29 Health and Safety Act 2000 or the regulations made under it prevail 30 to the extent of the inconsistency. 31 Note. For example, if a provision of this Act deals with a certain matter and a 32 provision of the Occupational Health and Safety Act 2000 deals with the same 33 matter and it is impossible to comply with both provisions, then a person must 34 comply with the Occupational Health and Safety Act 2000 and not with this Act. 35 If provisions of both Acts deal with the same matter but it is possible to comply 36 with both provisions, then a person must comply with both Acts. 37 (2) This section is subject to section 116. Page 11

Clause 18 Mine Health and Safety Bill 2002 Part 4 Application of Occupational Health and Safety Act 2000 18 Compliance with this Act is no defence to prosecution under OH&S 1 2 Act 3 Compliance with this Act or the regulations made under this Act, or 4 with any requirement imposed under this Act or the regulations, is 5 not in itself a defence in any proceedings for an offence against the 6 Occupational Health and Safety Act 2000 or the regulations made 7 under that Act. 8 Note. For example, a person may be guilty of an offence under the 9 Occupational Health and Safety Act 2000 in respect of any act or omission that 10 is expressly required or permitted to be done or omitted by or under this Act or 11 the regulations made under this Act. 12 19 Relationship between duties under this Act and OH&S Act 13 Evidence of a relevant contravention of this Act or the regulations 14 made under this Act is admissible in any proceedings for an offence 15 against the Occupational Health and Safety Act 2000 or the 16 regulations made under that Act. 17 20 No double jeopardy 18 Where an act or omission constitutes an offence: 19 (a) under this Act or the regulations made under this Act, and 20 (b) under the Occupational Health and Safety Act 2000 or the 21 regulations made under that Act, 22 the offender is not liable to be punished twice in respect of the 23 offence. 24 21 Documents 25 To avoid doubt, any documents or plans that by virtue of this Act or 26 the regulations are required to be kept at the office of a mine are 27 taken to be documents directly affecting the occupational health and 28 safety of employees within the meaning of section 81 of the 29 Occupational Health and Safety Act 2000. Page 12

Mine Health and Safety Bill 2002 Clause 22 Duties relating to health, safety and welfare at mines Part 5 Part 5 Duties relating to health, safety and welfare 1 at mines 2 Note. 3 Part 2 of the Occupational Health and Safety Act 2000 imposes duties relating 4 to health, safety and welfare at work on employers and others. Those duties 5 apply to work at mines. 6 This Part imposes extra duties. Division 1 Duties of mine holders 7 Note. 8 Section 8 of the Occupational Health and Safety Act 2000 imposes duties on 9 employers. If a mine holder nominates himself, herself or itself as the operator 10 of the mine, the mine holder has the duties in that section as the employer of its 11 employees and has duties in relation to other persons who work at the mine. 12 Section 10 of the Occupational Health and Safety Act 2000 imposes duties on 13 a person who has control of premises used by persons as a place of work. If a 14 mine holder nominates a person other than himself, herself or itself as the 15 operator of the mine, the mine holder is, for the purpose of that Act, a person 16 who has control of the premises constituted by the mine and so has duties under 17 that section. 18 This Division imposes some extra duties on mine holders. 19 22 Duty to nominate the operator of a mine 20 (1) A mine holder must not undertake any work, or allow any other 21 person to undertake any work, at a mine unless the mine holder has 22 nominated one person who is the employer with the day to day 23 control of the mine as the operator of the mine. 24 (2) A nomination must be made in writing to the Chief Inspector. 25 (3) A mine holder may nominate himself, herself or itself as the 26 operator of a mine in the mine holding. 27 (4) A nomination under this section must be in the form prescribed by 28 the regulations. 29 (5) The Chief Inspector must tell the mine holder who made the 30 nomination if the nomination has been rejected. This must be done 31 within 28 days of receiving the nomination. 32 (6) The Chief Inspector may reject a nomination under this section: 33 (a) if the Chief Inspector believes that the nominated operator is 34 not the employer with the day to day control of the mine, or 35 (b) in circumstances prescribed by the regulations. 36 (7) If a nomination is rejected it is taken not to have been made. Page 13

Clause 23 Mine Health and Safety Bill 2002 Part 5 Duties relating to health, safety and welfare at mines 1 (8) If an operator whose nomination has not been rejected under this 2 section ceases to be, or proposes to cease to be, the operator of the 3 mine, the mine holder must not undertake any mining, or allow any 4 other person to undertake any mining, at the mine unless the mine 5 holder has nominated another operator of the mine. This section 6 applies to a further nomination in the same way as it applies to an 7 initial nomination. 8 (9) This section does not require a mine holder to nominate an operator 9 if a previous mine holder of the mine holding nominated an operator 10 other than himself, herself or itself and that nomination was 11 accepted. 12 23 Chief Inspector may declare person an operator 13 If it appears to the Chief Inspector that there is no operator of a mine 14 or no mine holder exists in relation to a mine, the Chief Inspector 15 may declare by notice in writing that a specified person is the 16 operator of a mine. 17 24 Mine holder must give operator health and safety information 18 (1) If a mine holder nominates a person other than himself, herself or 19 itself as the operator of a mine, the mine holder must provide the 20 person nominated with all information available to the mine holder 21 that may reasonably be relevant to the development and 22 implementation of a mine safety management plan for the mine. 23 (2) The regulations may prescribe the information that must be 24 provided under this section. 25 25 Penalty for offence against this Division 26 A mine holder who contravenes, whether by act or omission, a 27 provision of this Division is guilty of an offence against that 28 provision. 29 Maximum penalty: 250 penalty units. Page 14

Mine Health and Safety Bill 2002 Clause 26 Duties relating to health, safety and welfare at mines Part 5 Division 2 Duties of operators of mines 1 Note. 2 Section 8 (1) of the Occupational Health and Safety Act 2000 imposes duties on 3 employers in relation to their employees. The operator of a mine has those 4 duties in relation to its employees. This Division imposes some extra duties on 5 operators, including in relation to other persons who work at the mine. Subdivision 1 General duties 6 7 26 Identification of hazards and assessment of risks 8 (1) The operator of a mine must ensure that work is not carried out by 9 any person at the mine unless: 10 (a) the operator has identified all reasonably foreseeable hazards 11 arising from the work at the operation, and 12 (b) the operator has assessed any risk of harm to any person from 13 those hazards. 14 (2) The regulations may make provision for or with respect to the 15 conduct and documentation of the identification of hazards and 16 assessment of risk under this section. 17 27 Elimination or control of risks 18 The operator of a mine must ensure that any reasonably foreseeable 19 risk of harm to any person from the operation is eliminated or, where 20 it is not reasonably practicable for that risk to be eliminated, that it 21 is controlled. 22 28 Worker safety 23 The operator of a mine must ensure that all persons working at the 24 mine (including managers and supervisors) have the necessary 25 skills, competence and resources to undertake their work safely and 26 to ensure the safety of others. Subdivision 2 Mine safety management plans 27 28 29 Duty of operator to prepare mine safety management plan 29 (1) The operator of a mine at which work is carried out must prepare a 30 statement in accordance with this Act and the regulations, stating 31 how the health and safety of the persons who work at the mine, or 32 who are directly affected by the mine, will be protected. This is a 33 mine safety management plan. Page 15

Clause 30 Mine Health and Safety Bill 2002 Part 5 Duties relating to health, safety and welfare at mines 1 (2) For the purposes of this section, a person may be directly affected 2 by a mine even if the person is not inside the mine. 3 (3) The regulations may specify which persons or classes of persons are 4 directly affected by a mine for the purposes of this Subdivision. 5 (4) This section does not require an operator to prepare a mine safety 6 management plan for a mine if a previous operator of the mine 7 prepared a plan that complies with this Act and the regulations. 8 30 No work without mine safety management plan 9 The operator of a mine must ensure that work is not carried out by 10 any person at the mine unless a mine safety management plan that 11 complies with this Act and the regulations is implemented for the 12 mine. 13 31 Duty of operator to ensure compliance with mine safety 14 management plan 15 The operator of a mine must ensure that mining at the mine is carried 16 out in compliance with the mine safety management plan for the 17 mine. This includes activities undertaken by contractors who 18 undertake work at the mine. 19 32 Contents of mine safety management plan 20 (1) A mine safety management plan must include summaries of, or 21 references to: 22 (a) any regulations made under this Act in respect of the mine, 23 and 24 (b) any systems, policies, programs, plans and procedures 25 developed and implemented under this Act or the regulations 26 in respect of the mine, and 27 (c) any codes, standards or guidelines that apply to the mine. 28 (2) A mine safety management plan must include: 29 (a) the document that sets out the management structure required 30 under Subdivision 3, and 31 (b) the contractor management plan required under Subdivision 32 4, and 33 (c) the emergency plan required under Subdivision 5, and 34 (d) any other matter required by the regulations. Page 16

Mine Health and Safety Bill 2002 Clause 33 Duties relating to health, safety and welfare at mines Part 5 33 Consultation 1 2 The persons who work at the mine must be consulted, in the manner 3 required by the regulations, during the preparation of the mine 4 safety management plan and before its amendment. 5 34 Obligations concerning mine safety management plan 6 The operator of a mine must: 7 (a) communicate the mine safety management plan, or a 8 summary of the plan, to the persons working at the mine, and 9 (b) regularly review the mine safety management plan through a 10 process of consultation with those persons, and 11 (c) ensure that no contractor starts work at the mine without 12 having been provided with a copy of the mine safety 13 management plan for places of work relevant to the 14 contractor. 15 35 Access to mine safety management plan 16 (1) An up-to-date copy of the mine safety management plan for a mine 17 must be kept at the on-site office of the mine by the operator of the 18 mine and must be made available for inspection by: 19 (a) a government official, or 20 (b) a site check inspector for the mine, or 21 (c) an authorised representative who is entitled to exercise 22 functions in relation to the mine, or 23 (d) any person who works at the mine. 24 (2) The operator of a mine must immediately supply the Chief Inspector 25 with an up-to-date copy of the mine safety management plan for the 26 mine if the Chief Inspector requests a copy. 27 36 Former operator must return information 28 If a person ceases to be the operator of a mine, that person must 29 return to the mine holder any information provided to the person 30 under section 24 (1) or otherwise obtained by the person in the 31 course of exercising the functions of an operator prescribed by the 32 regulations, whether or not updated by the operator. That 33 information must be returned as soon as practicable after the person 34 ceases to be the operator. Page 17

Clause 37 Mine Health and Safety Bill 2002 Part 5 Duties relating to health, safety and welfare at mines Subdivision 3 Management structure 1 2 37 Operator must prepare management structure 3 (1) As part of the mine safety management plan for a mine, the operator 4 of the mine must prepare a document that sets out the management 5 structure of the mine. 6 (2) The management structure must nominate persons within the 7 structure by position and must outline their areas of responsibility 8 and accountability. 9 (3) The management structure must include competent persons with 10 appropriate mining, electrical and mechanical engineering 11 competence. 12 (4) The management structure for a mine must include a competent 13 person to perform the functions of a production manager. 14 (5) The management structure for a mine must include competent 15 persons to perform the functions of supervisors of the operation. 16 (6) An operator must take the steps required by the regulations to 17 maintain the management structure. This may include, but is not 18 limited to, having others acting in, and the timely filling of, vacant 19 positions in the structure. 20 (7) During an emergency, the management structure of a mine may be 21 suspended and a different management structure may be put into 22 place for the duration of the emergency. 23 38 Register of persons occupying positions 24 (1) The operator of a mine must keep a register at the site of the mine 25 containing the names of persons occupying positions in the 26 management structure for the operation. 27 (2) The register must cover both current occupants of positions and 28 occupants for the previous 5 years (including any period before the 29 commencement of this section). 30 (3) The register is to be made available for inspection on request by a 31 government official, a site check inspector or by any person who 32 works at the mine. Page 18

Mine Health and Safety Bill 2002 Clause 39 Duties relating to health, safety and welfare at mines Part 5 Subdivision 4 Duties regarding contractors 1 2 39 Operator to prepare contractor management plan 3 As part of the mine safety management plan for a mine, the operator 4 of a mine at which contractors are proposed to be used must prepare 5 a contractor management plan, stating how the risks arising from the 6 use of contractors at the mine will be managed. 7 40 Content of contractor management plan 8 A contractor management plan for a mine must make provision for 9 the matters prescribed by the regulations. 10 41 Operator to ensure contractor's familiarity with systems 11 The operator of a mine at which any contractor proposes to work 12 must ensure, before that work commences, that consultation occurs 13 with the contractor so that: 14 (a) the contractor is familiar with the relevant parts of the mine 15 safety management plan for the mine, and 16 (b) the contractor's arrangements for mine safety management 17 are consistent with the mine safety management plan for the 18 mine. 19 42 Duties of operator regarding contractors 20 (1) An operator of a mine must ensure: 21 (a) that every contractor who works at the mine is directed to 22 comply with the requirements of this Act and the regulations, 23 of the Occupational Health and Safety Act 2000 and of the 24 regulations made under that Act, and 25 (b) that the activities of the contractor are monitored to the extent 26 necessary to determine whether or not the contractor is 27 complying with the operator's mine safety management plan 28 or with the contractor's safety management plan (if any has 29 been accepted under section 65) and with the requirements of 30 this Act and the regulations, of the Occupational Health and 31 Safety Act 2000 and of the regulations made under that Act, 32 and 33 (c) if the contractor is not so complying, that the contractor is 34 directed to take action immediately to comply with the safety 35 management plan or the requirements of this Act and the Page 19

Clause 43 Mine Health and Safety Bill 2002 Part 5 Duties relating to health, safety and welfare at mines 1 regulations, of the Occupational Health and Safety Act 2000 2 or of the regulations made under that Act, and 3 (d) that if a risk to the health or safety of a person arises because 4 of the non-compliance, the contractor is directed to stop work 5 immediately and not to resume work until those requirements 6 are complied with, unless an immediate cessation of work is 7 likely to increase the risk to health and safety, in which event 8 the contractor must be directed to stop work as soon as it is 9 safe to do so, and 10 (e) that the contractor and the contractor's employees receive 11 induction training with respect to occupational safety and 12 health as specified in the mine safety management plan for the 13 mine, and 14 (f) that the contractor is provided with details of any changes 15 made to the mine safety management plan for the mine. 16 (2) A failure by an operator to give a direction, or to ensure that a 17 direction is given, under this section does not affect any liability of 18 the contractor under this Act or the regulations or under the 19 Occupational Health and Safety Act 2000 or the regulations made 20 under that Act. Subdivision 5 Emergency management 21 22 43 Meaning of "emergency" 23 For the purposes of this Subdivision, an emergency exists at a mine 24 when a situation is not envisaged or controlled and there is a threat 25 to the life or physical well-being of persons at or outside the mine. 26 44 Operator must prepare emergency plan 27 The operator of a mine must ensure that an emergency plan that 28 complies with this Subdivision is prepared for the mine. 29 45 No mining or quarrying without emergency plan 30 The operator of a mine must ensure that work is not carried out at 31 the mine unless an emergency plan that complies with this 32 Subdivision is implemented for the mine. Page 20

Mine Health and Safety Bill 2002 Clause 46 Duties relating to health, safety and welfare at mines Part 5 46 Contents of emergency plan 1 2 (1) An emergency plan must contain an up-to-date plan of the mine and 3 any other plan required by the regulations. 4 (2) An emergency plan must adequately address, but is not limited to 5 addressing, the following matters: 6 (a) emergency evacuation, 7 (b) any other matter prescribed by the regulations. 8 47 Review and testing 9 (1) The operator of a mine must ensure that the emergency plan for the 10 mine is reviewed and tested: 11 (a) as soon as practicable after any emergency has occurred at the 12 mine, and 13 (b) whenever the mine safety management plan for the mine is 14 reviewed. 15 (2) The persons who work at the mine must be consulted, in the manner 16 prescribed by the regulations, during the review. 17 (3) A review under this section is required only to consider the relevant 18 parts of the emergency plan. Subdivision 6 Keeping of records and reporting 19 20 48 Keeping of records by operators 21 The operator of a mine must keep the records concerning health and 22 safety that are required by the Act or the regulations, in the manner 23 required by the regulations and for at least the time required by the 24 regulations. 25 49 Reporting by operators 26 The operator of a mine must make the reports concerning health and 27 safety that are required by the regulations, in the manner required by 28 the regulations. Page 21

Clause 50 Mine Health and Safety Bill 2002 Part 5 Duties relating to health, safety and welfare at mines Subdivision 7 Penalties 1 2 50 Penalty for offence against this Division 3 An operator or former operator of a mine who contravenes, whether 4 by act or omission, a provision of this Division is guilty of an 5 offence against that provision. 6 Maximum penalty: 7 (a) in the case of a corporation (being a previous offender)-- 8 7,500 penalty units, or 9 (b) in the case of a corporation (not being a previous offender)-- 10 5,000 penalty units, or 11 (c) in the case of an individual (being a previous offender)--750 12 penalty units or imprisonment for 2 years, or both, or 13 (d) in the case of an individual (not being a previous offender)-- 14 500 penalty units. Subdivision 8 Saving of certain notices and directions 15 16 51 Saving of certain notices and directions 17 (1) If a notice or direction is given under this Act to a person as the 18 operator of a mine and that person is replaced as operator by another 19 person, any notice or direction is taken to have been given to the 20 new operator. 21 (2) Nothing in this section affects any liability for an offence committed 22 by a person when the person was an operator of a mine. Division 3 Duties and rights of employees 23 Note. 24 Sections 20 and 25 of the Occupational Health and Safety Act 2000 impose 25 duties on employees. This Division imposes some extra duties and confers a 26 right on employees. 27 52 Duties of employees 28 (1) An employee who works at any mine: 29 (a) must comply with the mine safety management plan for the 30 mine, and 31 (b) must follow the operator's procedures for emergencies as set 32 out in the emergency plan for the mine, and Page 22

Mine Health and Safety Bill 2002 Clause 53 Duties relating to health, safety and welfare at mines Part 5 1 (c) participate in the implementation of the occupational safety 2 and health personnel development program applicable to the 3 mine, if required to do so by the operator, and 4 (d) must, before commencing work and at frequent intervals 5 during the person's work day, carefully examine the working 6 place and any machinery or system intended to be used so as 7 to be satisfied that it is safe, and 8 (e) must suspend work until any danger at the mine is remedied, 9 and 10 (f) must take any actions within his or her responsibility to 11 control a danger at the mine, and 12 (g) if he or she is the employee of a contractor, must comply with 13 any safety management plan of the contractor that has been 14 accepted under section 65. 15 (2) An employee who works at a mine must inform the operator of any 16 circumstances that the employee considers may lead to a loss of 17 control of a major hazard. 18 (3) An employee who works at a mine must immediately report to his 19 or her immediate supervisor any situation that the employee 20 believes could present a risk to health and safety and that is not 21 within the employee's competence to control. If the employee's 22 supervisor is not immediately available, the employee must instead 23 immediately report to another senior person at the mine. 24 Maximum penalty: 25 (a) in the case of a previous offender--45 penalty units, or 26 (b) in any other case--30 penalty units. 27 53 Rights of employees 28 An employee who works at a mine has the right to remove himself 29 or herself from any location at the mine when circumstances arise 30 that appear to the employee, with reasonable justification, to pose a 31 serious danger to his or her own health, safety or welfare. 32 54 Employees cannot be unlawfully dismissed or victimised 33 (1) An employer of any person who works at a mine must not dismiss 34 an employee, injure an employee in his or her employment or alter 35 an employee's position to his or her detriment for any one or more 36 of the following reasons, or for reasons including any one or more 37 of the following reasons: Page 23

Clause 54 Mine Health and Safety Bill 2002 Part 5 Duties relating to health, safety and welfare at mines 1 (a) the employee participates in a consultation process required 2 by this Act or the regulations, 3 (b) the employee exercises rights under this Act or the 4 regulations, 5 (c) the employee reports a notifiable incident (within the meaning 6 of section 100), 7 (d) in connection with a health and safety matter, the employee 8 seeks the assistance of, or reports a matter to, an authorised 9 representative, 10 (e) the employee performs functions or complies with duties 11 under this Act or the regulations or assists a government 12 official, 13 (f) the employee is, or standing for election to be, a site check 14 inspector. 15 (2) In proceedings for an offence against this section, if all the facts 16 constituting the offence other than the reason for the defendant's 17 action are proved, the onus of proving that the dismissal, injury or 18 alteration was not actuated by the reason alleged in the charge lies 19 on the defendant. 20 (3) If a person is found guilty by a court of contravening this section, 21 the court may order the person: 22 (a) to pay the employee a specified sum by way of reimbursement 23 for the salary or wages lost by the employee, and 24 (b) to reinstate the employee to his or her usual position or a 25 similar position. 26 (4) Such a person must give effect to an order of the court under 27 subsection (3). 28 Maximum penalty (subsections (1) and (3)): 29 (a) in the case of a corporation (being a previous offender)--375 30 penalty units, or 31 (b) in the case of a corporation (not being a previous offender)-- 32 250 penalty units, or 33 (c) in the case of an individual (being a previous offender)--225 34 penalty units, or Page 24

Mine Health and Safety Bill 2002 Clause 55 Duties relating to health, safety and welfare at mines Part 5 1 (d) in the case of an individual (not being a previous offender)-- 2 150 penalty units. 3 Note. An employer of any person who works at a mine has a duty under section 4 23 of the Occupational Health and Safety Act 2000 not to unlawfully dismiss or 5 victimise employees. This section imposes an additional duty. 6 55 Division applies to employees of contractor 7 This Division applies to an employee of a contractor who works at 8 a mine, to the extent that it applies to work done by the employee, 9 in the same way as it applies to an employee of an operator. Division 4 Duties of those in management positions 10 Note. 11 Section 26 of the Occupational Health and Safety Act 2000 imposes duties on 12 those in management positions because it provides that where a corporation 13 contravenes a provision of the Act or the regulations, then each director and 14 each person concerned in the management of the corporation is taken to have 15 contravened the same provision unless they can establish a defence. This 16 Division imposes additional duties on those in management positions. 17 56 Those in management positions must comply with mine safety 18 management plan 19 (1) A person who holds a management position at a mine must comply 20 with the mine safety management plan for the mine. 21 (2) A person who holds a management position at a mine and is an 22 employee of a contractor must comply with any safety management 23 plan of the contractor that has been accepted by the operator in 24 accordance with section 65. 25 57 Those in management positions must inform operator of non- 26 compliance 27 (1) A person who holds a management position at a mine must inform 28 the operator of the mine if he or she is aware that the conduct of the 29 mine does not conform with the Occupational Health and Safety Act 30 2000 or the regulations made under that Act or with this Act or the 31 regulations made under this Act. 32 (2) A failure by a person to inform the operator under this section does 33 not affect any liability of the operator under the Occupational 34 Health and Safety Act 2000 or the regulations made under that Act 35 or under this Act or the regulations made under this Act. Page 25

Clause 58 Mine Health and Safety Bill 2002 Part 5 Duties relating to health, safety and welfare at mines 58 Further obligations 1 2 A person who holds a management position at a mine: 3 (a) must ensure that the workplace and work methods for which 4 he or she is responsible are safe, and 5 (b) must ensure that hazards at the workplace for which he or she 6 is responsible are identified and that associated risks are 7 controlled, and 8 (c) must ensure that safety information concerning the workplace 9 for which he or she is responsible is communicated to relevant 10 persons, particularly other supervisors at the change of a shift, 11 and 12 (d) must ensure that safety matters at the workplace for which he 13 or she is responsible but that he or she cannot resolve are 14 reported to the relevant manager, and 15 (e) must have regard to appropriate risk management standards at 16 the workplace for which he or she is responsible, and 17 (f) must implement risk management practices in areas that he or 18 she controls. 19 59 Penalty for offence against this Division 20 A person who contravenes, whether by act or omission, a provision 21 of this Division is guilty of an offence against that provision. 22 Maximum penalty: 23 (a) in the case of a previous offender--75 penalty units, or 24 (b) in any other case--50 penalty units. Division 5 Duties of supervisors 25 26 60 Supervisor must comply with mine safety management plan 27 (1) A supervisor at a mine must comply with the mine safety 28 management plan for the mine. 29 (2) A supervisor at a mine who is an employee of a contractor must 30 comply with any safety management plan of the contractor that has 31 been accepted by the operator in accordance with section 65. Page 26

Mine Health and Safety Bill 2002 Clause 61 Duties relating to health, safety and welfare at mines Part 5 61 Supervisor must inform operator of non-compliance 1 2 (1) A supervisor at a mine must inform the operator of the mine if he or 3 she is aware that the conduct of the mine does not conform with the 4 Occupational Health and Safety Act 2000 or this Act or the 5 regulations under either Act. 6 (2) A failure by a supervisor to inform the operator under this section 7 does not affect any liability of the operator under the Occupational 8 Health and Safety Act 2000 or this Act or the regulations under 9 either Act. 10 62 Further obligations 11 A supervisor at a mine: 12 (a) must ensure that safety information concerning that part or 13 aspect of the workplace for which he or she is responsible is 14 communicated to relevant persons, particularly other 15 supervisors at the change of a shift, and 16 (b) must have regard to appropriate risk management standards, 17 and 18 (c) must implement risk management practices in that part or 19 aspect of the workplace for which he or she is responsible. 20 63 Penalty for offence against this Division 21 A person who contravenes, whether by act or omission, a provision 22 of this Division is guilty of an offence against that provision. 23 Maximum penalty: 24 (a) in the case of a previous offender--75 penalty units, or 25 (b) in any other case--50 penalty units. Division 6 Duties of and in relation to contractors 26 Note. 27 A contractor who works at a mine will have obligations as an employer under 28 section 8 of the Occupational Health and Safety Act 2000 or as a self-employed 29 person under section 9 of that Act.This Division imposes extra duties on 30 contractors in relation to mines. 31 64 Contractor must comply with operator's mine safety management 32 plan 33 A contractor who works at a mine must comply with the mine safety 34 management plan of the operator for the mine to the extent that it 35 applies to work done by the contractor. Page 27

Clause 65 Mine Health and Safety Bill 2002 Part 5 Duties relating to health, safety and welfare at mines 65 Contractor's safety management plan 1 2 (1) A contractor who works at a mine may prepare a safety management 3 plan that includes an assessment of risks associated with the work to 4 be carried out by the contractor at the mine. 5 (2) The safety management plan must address occupational health and 6 safety issues and must include (but is not limited to) details of the 7 following: 8 (a) the work process, 9 (b) the equipment to be used in the work process, 10 (c) the standards or codes to be complied with, 11 (d) the records to be kept of the process, 12 (e) the competencies of the personnel doing the work, 13 (f) safe work method statements for all work activities assessed 14 as having risks, 15 (g) any other matter prescribed by the regulations. 16 (3) A contractor may provide the safety management plan of the 17 contractor to the operator of a mine at which the contractor proposes 18 to work for the operator's acceptance. 19 (4) The operator or a mine must not accept the safety management plan 20 of a contractor, or any proposed amendment to the plan, unless: 21 (a) in the opinion of the operator, the plan is compatible with, and 22 contains an equivalent standard of risk assessment and 23 provides for an equivalent standard of safety to, the mine 24 safety management plan for the mine, and 25 (b) the plan is otherwise acceptable to the operator. 26 (5) If the safety management plan of a contractor is accepted by the 27 operator of a mine, the contractor must maintain and keep the safety 28 management plan up-to-date and must submit to the operator any 29 proposed amendment to the plan for the operator's acceptance. 30 (6) A contractor who has prepared and had accepted a safety 31 management plan must keep a copy of the plan at every mine where 32 the contractor works and must make the plan and record available 33 for inspection on request by any authorised person or by any site 34 check inspector. Page 28

Mine Health and Safety Bill 2002 Clause 66 Duties relating to health, safety and welfare at mines Part 5 1 (7) A contractor or sub-contractor of the contractor who works at a 2 mine must comply with the contractor's safety management plan, if 3 that plan has been accepted by the operator in accordance with this 4 section. 5 (8) Despite sections 52, 56, 60, 64 and 68, a contractor, employee of a 6 contractor or subcontractor who works at a mine in compliance with 7 the contractor's safety management plan accepted by the operator 8 under this section only needs to comply with the mine safety 9 management plan of the operator to the extent that they are required 10 to do so by the contractor's mine safety management plan. 11 (9) A contractor must ensure that a copy of the contractor's safety 12 management plan is available for inspection during the course of 13 work: 14 (a) by any person working at the place of work concerned and by 15 any person about to commence work at that place, and 16 (b) by a representative of the operator, a government official, a 17 site check inspector or an authorised representative. 18 66 Duties of contractors regarding safe work method statement 19 (1) A contractor must not commence work at a mine unless the 20 contractor: 21 (a) has undertaken an assessment of the risks associated with the 22 work to be carried out by the contractor, and 23 (b) has prepared a written safe work method statement that 24 includes a copy of the assessment of risks, and 25 (c) has provided a copy of that statement to a person designated 26 by the operator of the mine. 27 (2) A safe work method statement must: 28 (a) describe how work is to be carried out, and 29 (b) identify the work activities assessed as having safety and 30 health risks, and 31 (c) identify the safety and health risks, and 32 (d) describe the control measures that will be applied to the work 33 activities, and 34 (e) make provision for any matters that may be required by the 35 regulations. Page 29

Clause 67 Mine Health and Safety Bill 2002 Part 5 Duties relating to health, safety and welfare at mines 1 (3) A contractor: 2 (a) must maintain and keep up-to-date the contractor's safe work 3 method statement for a place of work, and 4 (b) must provide a person designated by the operator with any 5 changes made to the safe work method statement. 6 67 Contractor to ensure work carried out in accordance with safe work 7 method statement 8 (1) A contractor must ensure that all work carried out by the contractor, 9 or by an employee of the contractor, at a mine is carried out in 10 accordance with the safe work method statement prepared by the 11 contractor in relation to that mine. 12 (2) If a risk to the health or safety of a person arises because of non- 13 compliance with the statement, a contractor must ensure that work 14 is stopped immediately and does not resume until the statement is 15 complied with. 16 (3) However, if the immediate cessation of work is likely to increase the 17 risk to health or safety, the contractor is not required to stop the 18 work immediately but must stop the work as soon as it is safe to do 19 so. 20 (4) If there is a conflict between the mine safety management plan for a 21 mine and the safe work method statement of a contractor, the mine 22 safety management plan prevails. 23 68 Contractor's duties regarding subcontractors 24 (1) A contractor who works at a mine must ensure that any 25 subcontractor of the contractor provides the operator of the mine, or 26 a person nominated by the operator, with a written safe work 27 method statement for the work to be carried out by the 28 subcontractor, before the subcontractor commences work at the 29 mine. 30 (2) A contractor who works at a mine must ensure that any 31 subcontractor of the contractor complies with the mine safety 32 management plan of the operator of the mine. 33 (3) A contractor must ensure that, if any change is made to the safe 34 work method statement during the course of work, a copy of any 35 part of the statement that has been changed and that is relevant to a 36 subcontractor or employee of the contractor is provided to the Page 30

Mine Health and Safety Bill 2002 Clause 69 Duties relating to health, safety and welfare at mines Part 5 1 subcontractor or employee as soon as practicable after the change is 2 made. 3 69 Penalty for offence against this Division 4 A person who contravenes, whether by act or omission, a provision 5 of this Division is guilty of an offence against that provision. 6 Maximum penalty: 7 (a) in the case of a corporation (being a previous offender)-- 8 7,500 penalty units, or 9 (b) in the case of a corporation (not being a previous offender)-- 10 5,000 penalty units, or 11 (c) in the case of an individual (being a previous offender)--750 12 penalty units or imprisonment for 2 years, or both, or 13 (d) in the case of an individual (not being a previous offender)-- 14 500 penalty units. Division 7 Duties to give notice 15 16 70 Duty to give notice of drilling operations 17 (1) A person must not commence drilling operations unless the person 18 has given the Chief Inspector at least 7 days' written notice of the 19 operations. 20 (2) That notice must contain the details required by the regulations. 21 (3) In this section, drilling operation means any drilling operation 22 carried out in the course of searching for minerals or quarry product, 23 and includes the preparation and restoration of drill sites. 24 71 Other duties to give notice 25 (1) The regulations may require a person, or a person of a specified 26 class, to give notice to the Chief Inspector of the commencement or 27 discontinuation of operations or activities at a mine that are 28 prescribed by the regulations. 29 (2) The regulations may prescribe the amount of notice to be given and 30 the details that are required to be contained in the notice. 31 (3) A person who is required to give notice must comply with the 32 regulations made under this section. Page 31

Clause 72 Mine Health and Safety Bill 2002 Part 5 Duties relating to health, safety and welfare at mines 72 Penalty for offence against this Division 1 2 A person who contravenes, whether by act or omission, a provision 3 of this Division is guilty of an offence against that provision. 4 Maximum penalty: 5 (a) in the case of a corporation (being a previous offender)--750 6 penalty units, or 7 (b) in the case of a corporation (not being a previous offender)-- 8 500 penalty units, or 9 (c) in the case of an individual (being a previous offender)--375 10 penalty units or imprisonment for 2 years, or both, or 11 (d) in the case of an individual (not being a previous offender)-- 12 250 penalty units. Division 8 General 13 14 73 Person may have more than one duty 15 A person on whom a duty is imposed under this Part may be subject 16 to more than one duty under this Part. 17 74 Relationship between duties under this Part and regulations 18 (1) Compliance with the regulations is not in itself a defence in any 19 proceedings for an offence against this Part. 20 (2) However, a relevant contravention of the regulations is admissible 21 in evidence in any proceedings for an offence against this Part. 22 (3) This section is subject to any regulations under section 177. 23 Note. See Part 11 for provisions relating to the use of approved mining industry 24 codes of practice in proceedings for offences against this Part. 25 75 Alternative verdicts 26 If in proceedings against a person for an offence against a provision 27 of this Part the court is not satisfied that the person contravened that 28 provision but is satisfied that the act or omission concerned 29 constituted a contravention of another provision of this Part or of 30 section 8 or 9 of the Occupational Health and Safety Act 2000, the 31 court may convict the person of an offence against that other 32 provision or section. Page 32

Mine Health and Safety Bill 2002 Clause 76 Duties relating to health, safety and welfare at mines Part 5 76 Multiple contraventions of general duties under this Part 1 2 (1) More than one contravention of a provision of this Part by a person 3 that arise out of the same factual circumstances may be charged as 4 a single offence or as separate offences. 5 (2) This section does not authorise contraventions of 2 or more of those 6 provisions to be charged as a single offence. 7 (3) A single penalty only may be imposed in respect of more than one 8 contravention of any such provision that is charged as a single 9 offence. 10 77 Civil liability not affected by this Part 11 (1) Nothing in this Part is to be construed: 12 (a) as conferring a right of action in any civil proceedings in 13 respect of any contravention, whether by act or omission, of 14 any provision of this Part, or 15 (b) as conferring a defence to an action in any civil proceedings 16 or as otherwise affecting a right of action in any civil 17 proceedings. 18 (2) Subsection (1) does not affect the extent (if any) to which a breach 19 of duty imposed by the regulations is actionable (including any 20 regulation that adapts a provision of this Part). Page 33

Clause 78 Mine Health and Safety Bill 2002 Part 6 Safety of mines Part 6 Safety of mines 1 Division 1 Mine plans 2 3 78 Application of Division 4 This Division applies to: 5 (a) a mine at which 20 or more persons are employed, and 6 (b) a mine at which less than 20 persons are employed, if the 7 Chief Inspector has advised the operator of the mine in 8 writing that this Division applies to the mine. 9 79 References to plans 10 A reference in this Division to a plan of a mine includes a reference 11 to sections of the workings of the mine and to correct copies or 12 tracings of any original plan and sections. 13 80 Mine plan must be prepared 14 (1) The operator of a mine must, before the commencement of any 15 operations at the mine, cause an accurate plan of the proposed 16 workings of the mine (a mine plan) to be prepared in accordance 17 with this Division by: 18 (a) a qualified mining engineer, or 19 (b) a production manager, or 20 (c) a mining surveyor authorised by the Chief Inspector. 21 (2) The operator of a mine is not guilty of an offence against this Act of 22 failing to produce a full and accurate plan if the operator shows that 23 he or she did not know or could not reasonably have known that the 24 plan was not a full and accurate plan. 25 81 Contents of mine plan 26 (1) A mine plan must include any previous workings at the mine if any 27 part of the mine has been worked in the past or if the mine was an 28 abandoned mine. 29 (2) The plan must be drawn to a scale showing a distance of not more 30 than 1:1 250 unless the Chief Inspector, in writing, permits the plan 31 to be drawn to another scale. Page 34

Mine Health and Safety Bill 2002 Clause 82 Safety of mines Part 6 82 Revision of mine plan 1 2 A mine plan must be revised, if necessary, every 3 months to show 3 any significant changes in respect of the workings that have been 4 carried out, or the workings that are proposed to be carried out, at 5 the mine. 6 83 Access to mine plan 7 The plan, as revised from time to time, must be deposited at the 8 office of the mine and must be produced, on request, to an inspector 9 or to any other person authorised in writing by the Chief Inspector 10 to inspect it. 11 84 Inspection of mine plan by government officials 12 (1) The operator of a mine must, if requested by a government official 13 or by a person authorised by the Chief Inspector: 14 (a) mark on the mine plan, to the best of the operator's ability, the 15 progress of the workings of the mine up to the time at which 16 the plan is produced to the inspector or person, and 17 (b) allow the inspector or person to examine the mine plan and to 18 take a copy of it. 19 (2) The operator of a mine must, if requested to do so by the Chief 20 Inspector by notice in writing, provide a government official with a 21 copy of a mine plan (or latest revision of a mine plan) as deposited 22 at the office of the mine within the time specified in the notice. 23 (3) A government official must file any copy of a mine plan provided to 24 the inspector in accordance with this section in the records of the 25 Department. 26 (4) If a government official has reason to think that any mine plan 27 produced to the inspector under this section is incorrect, the official 28 must report the fact to the Chief Inspector who may cause a check 29 survey to be made. If after that check survey is made the mine plan 30 proves to be incorrect in any material respect, the operator of the 31 mine is liable to pay all costs and charges of making such check 32 survey, or in connection with the check survey, and such costs and 33 charges may be recovered by any government official as a fine. 34 85 Government official may require plan of workings carried out 35 (1) A government official may, by notice in writing (whether a penalty 36 for such offence has or has not been imposed), require the operator Page 35

Clause 86 Mine Health and Safety Bill 2002 Part 6 Safety of mines 1 of a mine to cause an accurate plan of the workings that have been 2 carried out or that are proposed to be carried out to be made and 3 deposited at the office at the mine within a reasonable time at the 4 expense of the operator. 5 (2) The Chief Inspector may by notice in writing direct the operator of 6 any mine to supply to a government official an accurate plan of all 7 the mine workings. 8 (3) An operator must, within 30 days or such further time as may be 9 shown to be necessary after the requisition of the government 10 official, or direction of the Chief Inspector, make and deposit or 11 supply such a plan. 12 86 Plans to be deposited with Minister 13 (1) If any mine (being a mine of which a plan and sections are required 14 under the provisions of this Act to be deposited) is abandoned, the 15 person who at the time of abandonment was the operator must, 16 within 3 months after such abandonment, forward to the Minister an 17 accurate plan of the workings of such mine up to the time of 18 abandonment. 19 (2) Proceedings for an offence under this section may be commenced at 20 any time within 2 years after the abandonment of the mine, or after 21 service on the operator concerned of a notice by an inspector to 22 comply with the requirements of this section, whichever last 23 happens. 24 87 Penalty for offence against this Division 25 A person who contravenes, whether by act or omission, a provision 26 of this Division is guilty of an offence against that provision. 27 Maximum penalty: 28 (a) in the case of a corporation (being a previous offender)-- 29 3,750 penalty units, or 30 (b) in the case of a corporation (not being a previous offender)-- 31 2,500 penalty units, or 32 (c) in the case of an individual (being a previous offender)--375 33 penalty units or imprisonment for 2 years, or both, or 34 (d) in the case of an individual (not being a previous offender)-- 35 250 penalty units. Page 36

Mine Health and Safety Bill 2002 Clause 88 Safety of mines Part 6 Division 2 Hours of work 1 2 88 Hours of work and associated working arrangements below ground 3 (1) Except in cases of emergency, a person other than an operator or a 4 person acting in the management of the mine is not to be employed 5 underground in a mine for more than 8 consecutive hours at any 6 time or for more than 48 hours in a period of 7 consecutive days. 7 (2) The regulations may prescribe circumstances were some or all of the 8 requirements of subsection (1) do not apply. 9 (3) Except in cases of emergency, each person employed underground 10 in a mine is to have at least one full day of 24 consecutive hours off 11 work in each period of 7 consecutive days. 12 (4) Except in cases of emergency or in the circumstances prescribed by 13 the regulations, a person other than an operator or a person acting in 14 the management of a mine must not be employed at the mine for 15 more than 8 consecutive hours at any time: 16 (a) in a shaft, except in a cage, or 17 (b) in any situation in which there is a danger of falling down a 18 shaft, such as at work in close proximity to an unguarded 19 shaft. 20 (5) In this section, shaft does not include a pit except in circumstances 21 in which the regulations provide that it is to include a pit. 22 89 Chief Inspector may require alteration of hours of work 23 (1) The Chief Inspector may, subject to section 88 and the regulations, 24 direct the operator of a mine to limit working hours or to alter 25 associated working arrangements at the mine if the Chief Inspector 26 is of the opinion that existing hours of work or associated working 27 arrangements are likely to affect adversely the health or safety of 28 employees. 29 (2) A direction under this section may be given in respect of a particular 30 class of employees or in respect of a particular class of work, or may 31 be given generally. 32 (3) The operator of a mine must comply with a direction under this 33 section. 34 (4) This section does not affect any other powers of the Chief Inspector 35 under this Act. Page 37

Clause 90 Mine Health and Safety Bill 2002 Part 6 Safety of mines 90 Regulations concerning hours of work 1 2 (1) The regulations may make provision concerning the hours of work 3 of persons working at mines. 4 (2) A person other than an operator or a person acting in the 5 management of the mine is not to be employed in a mine in 6 contravention of any limitation on hours of work specified in the 7 regulations for the purposes of this section. 8 (3) Subsection (2) does not apply in the case of an emergency. 9 91 Display of shift roster regimes 10 The operator of a mine at which persons are employed underground 11 must keep prominently displayed in a place that is easily accessible 12 to the employees of the mine details of shift roster regimes at the 13 mine. 14 92 Recording of hours worked 15 (1) The operator of a mine must keep records of the hours worked 16 underground by each employee at the mine and must make the 17 records available to a government official on request. 18 (2) The regulations may make provision for or with respect to the 19 keeping of records under this section. 20 93 Penalty for offence against this Division 21 A person who contravenes, whether by act or omission, a provision 22 of this Division, or who permits any person to contravene or fail to 23 comply with any provision of this Division, is guilty of an offence 24 against that provision. 25 Maximum penalty: 26 (a) in the case of a corporation (being a previous offender)-- 27 3,750 penalty units, or 28 (b) in the case of a corporation (not being a previous offender)-- 29 2,500 penalty units, or 30 (c) in the case of an individual (being a previous offender)--375 31 penalty units or imprisonment for 2 years, or both, or 32 (d) in the case of an individual (not being a previous offender)-- 33 250 penalty units. Page 38

Mine Health and Safety Bill 2002 Clause 94 Safety of mines Part 6 94 Defence 1 2 A person is not guilty of an offence against this Act for a 3 contravention of a requirement relating to the time for which 4 persons were employed underground, if the person proves that there 5 were special circumstances to render the contravention necessary 6 for the safe and proper working of the mine, and that the 7 contravention did not create an increased risk of injury to the 8 persons so employed in the mine. Division 3 Tourist and educational activities 9 10 95 Definitions 11 In this Part: 12 mine includes an abandoned mine. 13 occupier, in relation to an abandoned mine, means the occupier of 14 the land on which the abandoned mine is situated. 15 permit means a permit that has been issued under section 97 and that 16 has not been revoked under section 98. 17 96 Tourist activities in mines or use of former mines for educational 18 purposes not allowed without a permit 19 The occupier of a mine (not subject to a mining lease) must not 20 allow tourist activities to be conducted in or about the mine or allow 21 the mine to be used principally for educational purposes unless: 22 (a) the tourist activities are, or the use of the mine principally for 23 educational purposes is, authorised by a permit issued to that 24 or any previous occupier of the mine, and 25 (b) the occupier complies with the conditions (if any) to which 26 the permit is subject. 27 97 Issue of tourist and educational permits 28 (1) The Minister may, on application being made to the Minister in 29 writing, issue a permit to the occupier of a mine that: 30 (a) authorises tourist activities to be conducted in or about the 31 mine, or 32 (b) authorises the mine to be used principally for educational 33 purposes, Page 39

Clause 98 Mine Health and Safety Bill 2002 Part 6 Safety of mines 1 or both, subject to any conditions that the Minister may specify in 2 the permit. 3 (2) An application for a permit is to be accompanied by the fee 4 determined by the Minister under section 198. 5 (3) A permit must not be issued under this section in respect of a former 6 mine unless the Minister is satisfied that all necessary precautions 7 will be taken to protect the health or safety of persons entering the 8 mine. 9 98 Revocation or variation of permits 10 (1) The Minister may: 11 (a) revoke a permit where a condition to which the permit is 12 subject is breached or where the Minister is satisfied that 13 persons cannot enter the mine to which the permit relates 14 without risk to their safety or health, or 15 (b) from time to time attach conditions or additional conditions to 16 a permit or vary the conditions to which a permit is subject. 17 (2) A revocation of a permit, a variation of conditions to which a permit 18 is subject or the attachment of conditions or additional conditions to 19 a permit does not take effect until notice of the revocation, variation 20 or attachment is served on the occupier of the mine to which the 21 permit relates. 22 (3) A variation may be made under subsection (1) (b) by way of 23 addition, amendment or deletion of conditions. 24 99 Penalty for offence against this Division 25 A person who contravenes, whether by act or omission, a provision 26 of this Division is guilty of an offence against that provision. 27 Maximum penalty: 28 (a) in the case of a corporation (being a previous offender)--750 29 penalty units, or 30 (b) in the case of a corporation (not being a previous offender)-- 31 500 penalty units, or 32 (c) in the case of an individual (being a previous offender)--375 33 penalty units, or 34 (d) in the case of an individual (not being a previous offender)-- 35 250 penalty units. Page 40

Mine Health and Safety Bill 2002 Clause 100 Notification of incidents Part 7 Part 7 Notification of incidents 1 Division 1 Notification of certain incidents 2 3 100 Notification of certain incidents and other matters 4 (1) The operator of a mine must give the Chief Inspector notice in 5 accordance with this section of any of the following incidents 6 (notifiable incidents): 7 (a) any incident at the mine that has resulted in a person being 8 killed, 9 (b) any other incident at the mine of a kind prescribed by the 10 regulations for the purposes of this paragraph, 11 (c) any incident or other matter occurring at or in relation to the 12 mine that the regulations declare to be an incident or matter 13 that is required to be notified. 14 (2) Any notice under this section must be given: 15 (a) as soon as practicable (but not later than 7 days) after the 16 operator becomes aware of the notifiable incident, and 17 (b) in writing and, if a form has been prescribed by the 18 regulations, in that form. 19 (3) Any notice must, in the case of a notifiable incident referred to in 20 subsection (1) (a) or (b), also be given: 21 (a) immediately the operator becomes aware of the incident, and 22 (b) by the quickest available means. 23 This subsection does not apply if the operator is aware that another 24 person has given the required notice of the incident. 25 (4) The regulations may vary the obligations under this section with 26 respect to the person required to give notice and the time and 27 manner in which the notice is to be given. 28 101 Non-disturbance of plant involved in notifiable incidents (and of 29 surrounding area) 30 (1) This section applies if a notifiable incident referred to in section 100 31 (1) (a) or (b) has occurred at a mine. 32 (2) The operator of a mine must take measures to ensure that: 33 (a) plant at that mine is not used, moved or interfered with after 34 it has been involved in a notifiable incident, and Page 41

Clause 102 Mine Health and Safety Bill 2002 Part 7 Notification of incidents 1 (b) the area and environment at that mine that is connected with 2 the notifiable incident is not disturbed. 3 (3) If the regulations prescribe measures that satisfy the requirements of 4 this section, the operator is taken to have satisfied those 5 requirements if the operator has taken the measures so prescribed. 6 (4) This section does not prevent any action: 7 (a) to help or remove a trapped or injured person or to remove a 8 body, or 9 (b) to avoid injury to a person or damage to property, or 10 (c) for the purposes of any police investigation, or 11 (d) in accordance with a direction of an inspector or with the 12 permission of an inspector, or 13 (e) in any other circumstances that may be prescribed by the 14 regulations. 15 (5) The requirements of this section in relation to any particular 16 occurrence apply only for the period ending 24 hours after 17 notification of the incident in accordance with section 100 or only 18 in any other period prescribed by the regulations. 19 102 Records of notifications 20 (1) The operator of a mine must keep records at the mine of every 21 notification given under this Part. 22 (2) Those records must be kept for at least 5 years. 23 103 Penalty for offence against this Division 24 A person who contravenes, whether by act or omission, a provision 25 of this Division is guilty of an offence against that provision. 26 Maximum penalty: 27 (a) in the case of a corporation (being a previous offender)--750 28 penalty units, or 29 (b) in the case of a corporation (not being a previous offender)-- 30 500 penalty units, or 31 (c) in the case of an individual (being a previous offender)--375 32 penalty units, or 33 (d) in the case of an individual (not being a previous offender)-- 34 250 penalty units. Page 42

Mine Health and Safety Bill 2002 Clause 104 Notification of incidents Part 7 Division 2 Health and safety 1 2 104 Records of medical and first aid treatment 3 (1) The operator of a mine must keep records at the mine of every 4 occasion on which medical or first aid treatment is provided by or 5 on behalf of the operator to a person employed at the mine. 6 (2) Those records must be kept for at least 5 years. 7 105 Offence relating to reporting of safety matters 8 (1) The operator of a mine must not provide, directly or indirectly, any 9 financial benefit or financial incentive to a person for the purpose of 10 discouraging that person from reporting a safety matter to the 11 person's supervisor, a site check inspector, an authorised 12 representative, a government official or the Department. 13 (2) In proceedings for an offence against this section, if all the facts 14 constituting the offence other than the reason for the defendant's 15 action are proved, the onus of proving that the provision of a 16 financial benefit or financial incentive was not actuated for the 17 reason of discouraging the reporting of a safety matter lies on the 18 defendant. 19 106 Penalty for offence against this Division 20 A person who contravenes, whether by act or omission, a provision 21 of this Division is guilty of an offence against that provision. 22 Maximum penalty: 23 (a) in the case of a corporation (being a previous offender)--750 24 penalty units, or 25 (b) in the case of a corporation (not being a previous offender)-- 26 500 penalty units, or 27 (c) in the case of an individual (being a previous offender)--375 28 penalty units, or 29 (d) in the case of an individual (not being a previous offender)-- 30 250 penalty units. Page 43

Clause 107 Mine Health and Safety Bill 2002 Part 7 Notification of incidents Division 3 Inquiries 1 2 107 Boards of Inquiry 3 (1) This section applies if it appears to the Minister that an investigation 4 of any of the following is necessary: 5 (a) any event or dangerous occurrence causing death or serious 6 injury at a mine and its causes and circumstances, 7 (b) any dangerous occurrence at a mine and its causes and 8 circumstances, 9 (c) any practice at a mine that, in the opinion of the Minister, 10 adversely affects or is likely to adversely affect the safety or 11 health of persons employed at the mine, 12 (d) any matter relating to the safety, health, conduct or discipline 13 of persons at or in relation to a mine. 14 (2) If this section applies, the Minister may constitute a person as a 15 Board of Inquiry to conduct a special inquiry into the event, 16 occurrence, practice or matter. 17 (3) A Board of Inquiry may, at a special inquiry conducted by it, take 18 evidence on oath or affirmation and, for that purpose, the person 19 constituting the Board: 20 (a) may require a person appearing at the inquiry to give 21 evidence, to take an oath or to make an affirmation in a form 22 approved by the person presiding, and 23 (b) may administer an oath to, or take an affirmation from, a 24 person appearing at the inquiry. 25 (4) In conducting a special inquiry, a Board of Inquiry: 26 (a) is not bound to act in a formal manner, and 27 (b) is not bound by the rules of evidence and may inform itself on 28 any matter in any way that it considers appropriate. 29 (5) If the Board of Inquiry agrees, an agent (including a legal 30 practitioner) may represent a person or body at the special inquiry. 31 (6) A Board of Inquiry, when conducting, and making a determination 32 in respect of, a special inquiry is to sit with an assessor or 2 or more 33 assessors appointed by the Minister for the purposes of the inquiry. 34 (7) An assessor sitting with a Board of Inquiry has the power to advise 35 the Board of Inquiry but not to adjudicate on any matter before the 36 Board of Inquiry. Page 44

Mine Health and Safety Bill 2002 Clause 108 Notification of incidents Part 7 1 (8) A Board of Inquiry has the right to consult, either collectively or 2 individually, and either in public or in private, with assessors sitting 3 with it. 4 (9) A Board of Inquiry conducting a special inquiry may be assisted by 5 a legal practitioner appointed by the Minister for the purposes of the 6 inquiry. 7 (10) A Board of Inquiry is to determine its own procedure, except as 8 provided by this Act. 9 108 Witnesses and evidence at special inquiries 10 (1) A Board of Inquiry may summon a person to appear at a special 11 inquiry conducted by the Board to give evidence and to produce any 12 documents that are specified in the summons. 13 (2) A Board of Inquiry may require a person appearing at a special 14 inquiry to produce a document. 15 (3) A person served with a summons to appear at a special inquiry and 16 to give evidence must not, without reasonable excuse, fail to attend 17 as required by the summons. 18 (4) A person appearing at a special inquiry to give evidence must not, 19 without reasonable excuse: 20 (a) when required to be sworn or affirmed--fail to comply with 21 the requirement, or 22 (b) fail to produce a document that the person is required to 23 produce under this section. 24 (5) A person attending as a witness before a Board of Inquiry is to be 25 paid expenses of the amount or at the rate approved by the Minister 26 for the purposes of this section. 27 (6) A Board of Inquiry may require a person appearing at a special 28 inquiry to answer questions. 29 (7) A person appearing at a special inquiry must answer any such 30 questions. 31 (8) A person is not excused from a requirement under this section to 32 answer a question on the ground that the answer might incriminate 33 the person or make the person liable to a penalty. 34 (9) However, any answer given by a natural person in compliance with 35 a requirement under this section is not admissible in evidence 36 against the person in criminal proceedings (except proceedings for Page 45

Clause 109 Mine Health and Safety Bill 2002 Part 7 Notification of incidents 1 an offence under this section) if the person objected at the time to 2 answering the question on the ground that it might incriminate the 3 person or the person was not warned on that occasion that the person 4 may object to answering the question on the ground that it might 5 incriminate the person. 6 (10) Further information obtained as a result of an answer given under 7 this section is not inadmissible on the ground that the answer had to 8 be given or that the answer might incriminate the person. 9 109 Report by Board of Inquiry 10 (1) A Board of Inquiry must, within the period required by the Minister, 11 prepare a report as to: 12 (a) the causes of the event or dangerous occurrence, if the special 13 inquiry concerns an event or dangerous occurrence, or 14 (b) its findings in relation to the practice or matter, if the inquiry 15 concerns a practice at a mine or a matter relating to the safety, 16 health, conduct or discipline of persons in a mine. 17 (2) The Minister may, if the Minister thinks fit, publish the report at the 18 time and in the manner determined by the Minister. 19 110 No appeal against exercise of functions by Boards of Inquiry 20 No appeal lies from any decision or determination of a Board of 21 Inquiry on a special inquiry. 22 111 Penalty for offence against this Division 23 A person who contravenes, whether by act or omission, a provision 24 of this Division is guilty of an offence against that provision. 25 Maximum penalty: 26 (a) in the case of a corporation (being a previous offender)--750 27 penalty units, or 28 (b) in the case of a corporation (not being a previous offender)-- 29 500 penalty units, or 30 (c) in the case of an individual (being a previous offender)--375 31 penalty units, or 32 (d) in the case of an individual (not being a previous offender)-- 33 250 penalty units. Page 46

Mine Health and Safety Bill 2002 Clause 112 Stop work orders Part 8 Part 8 Stop work orders 1 2 112 Minister may make stop work order 3 (1) If the Minister is of the opinion that any action is being, or is about 4 to be, carried out at a place of work to which this Act applies that 5 involves, or is likely to result in, a serious breach of a provision of: 6 (a) the Occupational Health and Safety Act 2000 or the 7 regulations made under that Act, or 8 (b) this Act or the regulations made under this Act, 9 the Minister may order that the action is to cease or is not to be 10 carried out and that no action, other than any action that may be 11 specified in the order, is to be carried out in or in the vicinity of the 12 place, or a specified part of the place, within a period not exceeding 13 28 days after the day of the order. 14 (2) An order takes effect on and from the date on which: 15 (a) if the order relates to a mine holding--a copy is provided to 16 the mine holder, or 17 (b) if the order relates to a mine that is not a mine holding--a 18 copy is provided to the operator of the mine, or 19 (c) a copy of the order is affixed in a conspicuous place in the 20 mine, or 21 (d) the person carrying out or about to carry out the action the 22 subject of the order is notified that the order has been made, 23 whichever is the sooner. 24 (3) In this Part, a reference to action being, or about to be, carried out 25 includes a reference to action that should be, but is not being, carried 26 out and the Minister may make an order, in accordance with this 27 Part, that any such action is to be carried out. 28 113 Prior notification of making of stop work order not required 29 The Minister is not required, before making a stop work order, to 30 notify any person who may be affected by the order. 31 114 Extension of stop work order 32 (1) The Minister may extend a stop work order for any further period or 33 periods of no more than 28 days each that the Minister thinks fit. Page 47

Clause 115 Mine Health and Safety Bill 2002 Part 8 Stop work orders 1 (2) An order extending a stop work order takes effect in the same way 2 as the original order, that is, on and from the date referred to in 3 section 112 (2). 4 115 Consultation about modification of proposed detrimental action 5 After the Minister makes a stop work order, the Director-General 6 must immediately consult with the person proposing to carry out the 7 action the subject of the order to determine whether any 8 modification of the action may be sufficient to avoid a serious 9 breach of a provision of any Act or regulation referred to in section 10 112. 11 116 Stop work order prevails over other instruments 12 (1) An investigation notice, improvement notice or prohibition notice 13 issued under the Occupational Health and Safety Act 2000 that 14 requires or permits work or an activity the subject of a stop work 15 order in force under this Part to be significantly affected is 16 inoperative to the extent of any inconsistency with the stop work 17 order. 18 (2) An approval, notice, order or other instrument made or issued by or 19 under any other Act that requires or permits work the subject of a 20 stop work order in force under this Part to be significantly affected 21 is inoperative to the extent of any inconsistency with the stop work 22 order. 23 (3) This section has effect whether the approval, notice, order or other 24 instrument concerned was made or issued before or after the making 25 of the stop work order. 26 117 Costs of enforcing stop work order 27 (1) If a person on whom a stop work order is imposed does not comply 28 with the order within the period specified in the order, the Minister 29 may cause work to be carried out for the purpose of stopping the 30 work specified in the order. 31 (2) Any costs or expenses incurred by or on behalf of the Minister under 32 this section are a debt due to the Crown by the person on whom the 33 stop work order was imposed. 34 (3) In any proceedings instituted for the recovery from a person of a 35 debt due by that person to the Crown under this section, a certificate 36 of the Minister that a specified amount is the amount of the debt so 37 due is evidence of that fact. Page 48

Mine Health and Safety Bill 2002 Clause 118 Stop work orders Part 8 1 (4) A debt due by any person to the Crown under this section is 2 recoverable whether or not the person is convicted of an offence 3 under section 118. 4 (5) A person on whom a stop work order is imposed, or any person 5 directed by the Minister to take action for the purposes of subsection 6 (1), may, upon giving reasonable notice to the occupier of the land, 7 enter on or remain on any land for the purpose of complying with 8 the direction of the Minister or with the stop work order, as the case 9 may require. 10 (6) A court that convicts a person of an offence under section 118 may, 11 on the application of the prosecutor, order the person to pay to the 12 Crown the amount that the court is satisfied the Crown is entitled to 13 recover from the person under this section in respect of the failure 14 to which the offence relates. Any amount paid by a person under 15 such an order is taken to have been recovered from the person under 16 subsection (2) and is to be dealt with accordingly. 17 (7) For the purposes of subsection (6), a court that makes a finding that 18 a person is guilty of an offence under section 118 without 19 proceeding to a conviction is taken to have convicted the person of 20 the offence. 21 (8) For the purposes of this section, a stop work order is taken to have 22 been imposed on the person or persons to whom notice of the order 23 was given under section 112 (2). 24 118 Offence: failure to comply with a stop work order 25 A person who, without reasonable excuse, fails to comply with a 26 requirement imposed by a stop work order is guilty of an offence. 27 Maximum penalty: 28 (a) in the case of a corporation (being a previous offender)-- 29 1,500 penalty units and in the case of a continuing offence, a 30 further penalty not exceeding 750 penalty units for each day 31 the offence continues, or 32 (b) in the case of a corporation (not being a previous offender)-- 33 1,000 penalty units and in the case of a continuing offence, a 34 further penalty not exceeding 500 penalty units for each day 35 the offence continues, or Page 49

Clause 118 Mine Health and Safety Bill 2002 Part 8 Stop work orders 1 (c) in the case of an individual not acting in the capacity of an 2 employee (being a previous offender)--750 penalty units and 3 in the case of a continuing offence, a further penalty not 4 exceeding 375 penalty units for each day the offence 5 continues, or 6 (d) in the case of an individual not acting in the capacity of an 7 employee (not being a previous offender)--500 penalty units 8 and in the case of a continuing offence, a further penalty not 9 exceeding 250 penalty units for each day the offence 10 continues, or 11 (e) in the case of an individual acting in the capacity of an 12 employee (being a previous offender)--45 penalty units and 13 in the case of a continuing offence, a further penalty not 14 exceeding 20 penalty units for each day the offence continues, 15 or 16 (f) in the case of an individual acting in the capacity of an 17 employee (not being a previous offender)--30 penalty units 18 and in the case of a continuing offence, a further penalty not 19 exceeding 15 penalty units for each day the offence continues. Page 50

Mine Health and Safety Bill 2002 Clause 119 Competence standards Part 9 Part 9 Competence standards 1 Division 1 Key obligations 2 3 119 Regulations may specify functions to which this Part applies 4 (1) The regulations may specify a function as one to which this Part 5 applies (a specified function). 6 (2) The regulations may specify, or authorise the Board to determine, 7 what will be sufficient evidence of competence to perform a 8 function to which this Part applies (specified evidence of 9 competence). 10 120 Operator to ensure only competent persons employed to perform 11 specified functions 12 (1) The operator of a mine must not employ a person at the mine to 13 perform a specified function unless the person holds specified 14 evidence of competence to perform that function. 15 (2) The operator of a mine must ensure that no other person at the mine 16 performs a specified function unless the person holds specified 17 evidence of competence to perform that function. 18 121 Contractor to ensure only competent persons employed to perform 19 specified functions 20 A contractor must not employ a person at a mine to perform a 21 specified function unless the person holds specified evidence of 22 competence to perform that function. 23 122 Only competent persons to perform specified functions 24 A person at a mine must not perform a specified function unless the 25 person holds specified evidence of competence to perform that 26 function. 27 123 Penalty for offence against this Division 28 A person who contravenes, whether by act or omission, a provision 29 of this Division is guilty of an offence against that provision. 30 Maximum penalty: 31 (a) in the case of a corporation--250 penalty units, or 32 (b) in the case of an individual--25 penalty units. Page 51

Clause 124 Mine Health and Safety Bill 2002 Part 9 Competence standards Division 2 Metalliferous Mines and Extractive Industries 1 Competence Board 2 3 124 Constitution of Metalliferous Mines and Extractive Industries 4 Competence Board 5 (1) There is constituted by this Act a body corporate with the corporate 6 name of the Metalliferous Mines and Extractive Industries 7 Competence Board. 8 (2) The Board represents the Crown. 9 125 Ministerial control of Board 10 The Board is subject to the control and direction of the Minister. 11 126 Membership of Board 12 (1) The Board is made up of the following persons appointed by the 13 Minister: 14 (a) the Chairperson of the Board (who is not to be an officer of 15 the Department), and 16 (b) 2 employer representatives selected from a panel of 4 17 submitted to the Minister by a body or bodies representing 18 employers, and 19 (c) 2 employee representatives selected from a panel of 4 20 submitted to the Minister by a body or bodies representing 21 employees, and 22 (d) between 2 and 4 persons who have expertise in the 23 development and assessment of competence of persons 24 performing functions at mines, and 25 (e) 2 officers of the Department. 26 (2) The regulations may make provision for or with respect to the 27 submission of representatives under this section and the 28 appointment of members of the Board. 29 127 Procedure of Board 30 (1) The regulations may make provision for or with respect to the 31 procedure of the Board. 32 (2) The Board may make rules about the procedure of the Board that are 33 not inconsistent with this Act or the regulations. Those rules are 34 subject to any direction of the Minister. Page 52

Mine Health and Safety Bill 2002 Clause 128 Competence standards Part 9 Division 3 Functions of Board 1 2 128 Functions of Board 3 (1) The Board has the functions conferred or imposed on it by or under 4 this Act. 5 (2) Without limiting subsection (1), the functions of the Board include 6 the following: 7 (a) to oversee the development of competence standards for 8 persons performing functions at mines that may impact on 9 health and safety, 10 (b) to undertake initial and ongoing assessments of the 11 competence of persons performing functions at mines, 12 (c) to advise the Minister on matters related to the competence 13 required of persons to perform functions at mines, 14 (d) any other functions that the Minister may confer on the Board 15 from time to time. 16 (3) Without limiting subsection (2), the Board may do any or all of the 17 following for the purpose of carrying out its functions: 18 (a) engage consultants, 19 (b) develop competence standards or cause competence 20 standards to be developed, 21 (c) assess a person's competence, cause a person's competence to 22 be assessed or accept an assessment of a person's 23 competence. 24 129 Annual report 25 The Board must, at any time or within any period that the Minister 26 may direct, make an annual report of its proceedings during the 27 preceding year to the Minister. 28 130 Review of competence arrangements 29 (1) The Board must conduct a review of the status of competence 30 setting and assessment in the mining and quarrying industry. 31 (2) The review must be conducted 5 years after the commencement of 32 this Part, or at any earlier time directed by the Minister. 33 (3) The Board must report the results of the review to the Minister. Page 53

Clause 131 Mine Health and Safety Bill 2002 Part 9 Competence standards Division 4 Certificates of competence 1 2 131 Certificates of competence may be granted 3 The Minister may, in accordance with the regulations and any 4 orders made under section 133, grant a certificate of competence to 5 perform a specified function. That certificate may be granted 6 unconditionally or subject to conditions. 7 132 Regulations concerning competence standards 8 The regulations may make provision for or with respect to any or all 9 of the following: 10 (a) the development of competence standards, 11 (b) the assessment of the competence standards of persons, 12 including the conduct of examinations, 13 (c) the granting and replacement of certificates of competence, 14 (d) the maintenance of competence by those to whom a certificate 15 of competence has been granted, 16 (e) the suspension or cancellation of certificates of competence, 17 including suspension or cancellation by reason of 18 incompetence or negligence, 19 (f) the imposition of conditions on certificates of competence, 20 (g) the restoration of certificates of competence that have been 21 suspended or cancelled, 22 (h) the circumstances in which a certificate of competence 23 granted by an authority outside New South Wales will be 24 accepted as being sufficient qualification for the grant of a 25 certificate of competence under this Act and the 26 circumstances in which it will not be accepted, 27 (i) the range of specified functions that the holder of specified 28 evidence of competence is allowed to perform without 29 breaching this Part, 30 (j) the keeping of a register of certificates of competence, 31 (k) the appointment and functions of examiners, 32 (l) the charging of fees for any service provided by the Minister, 33 the Board or any other person in relation to this Part. Page 54

Mine Health and Safety Bill 2002 Clause 133 Competence standards Part 9 133 Ministerial orders 1 2 (1) The Minister may make orders, not inconsistent with this Act or the 3 regulations, for or with respect to any or all of the following: 4 (a) the qualifications to be held by a person in order for the grant 5 to the person of a certificate of competence to be 6 recommended, 7 (b) the experience that a person applying for a certificate of 8 competence must have in order for the grant to the person of 9 a certificate of competence to be recommended, 10 (c) the age that a person must have attained before the person 11 may be granted a certificate of competence, 12 (d) the course of instruction to be undertaken by an applicant for 13 a certificate of competence, 14 (e) the nature and type of examinations to be undertaken by an 15 applicant for a certificate of competence and the manner of 16 their conduct, 17 (f) the circumstances in which the Board may grant to an 18 applicant for a certificate of competence an exemption from 19 complying with the rules in respect of the undertaking of 20 examinations, the holding of qualifications, the possession of 21 experience and the attendance of courses of instruction, 22 (g) the matters to be included in an application for a certificate of 23 competence, 24 (h) the declaration by the Minister that a person's competence is 25 not recognised, 26 (i) any other matters that may be prescribed by the regulations. 27 (2) The Board may make recommendations to the Minister concerning 28 the making, amendment or revocation of orders under this section. 29 (3) An order must be published in the Gazette. An order takes effect on 30 the date on which it is published in the Gazette or on any later date 31 specified in the order. 32 (4) Sections 42�45 of the Interpretation Act 1987 apply to an order 33 made under this section in the same way as they apply to statutory 34 rules within the meaning of that Act. Page 55

Clause 134 Mine Health and Safety Bill 2002 Part 9 Competence standards Division 5 Offences 1 2 134 Offences: certificates of competence 3 A person must not, with intent to deceive: 4 (a) use a certificate of competence granted under this Act, or 5 (b) lend to another person a certificate of competence granted 6 under this Act, or 7 (c) allow to be used by another person a certificate of competence 8 granted under this Act. 9 135 Offence of forging or having forged document 10 A person must not: 11 (a) make a document so closely resembling a certificate of 12 competence granted under this Act as to be calculated to 13 deceive, or 14 (b) have in the person's possession a document so closely 15 resembling a certificate of competence granted under this Act 16 as to be calculated to deceive. 17 136 False or misleading statements 18 A person must not make a statement that the person knows to be 19 false or misleading in a material particular or recklessly make a 20 statement that is false or misleading in a material particular, or 21 produce, furnish, send or otherwise make use of a document that is 22 false or misleading in a material particular for the purposes of 23 obtaining for himself, herself or another person: 24 (a) the grant of any certificate of competence or the issue of a 25 duplicate certificate of competence or the restoration of any 26 such certificate, or 27 (b) employment at a mine to perform functions for which a 28 certificate of competence is required. 29 137 Offences if a person's competence is declared as not recognised 30 (1) A person whose competence has been declared by the Minister, in 31 accordance with the regulations, as not recognised is guilty of an 32 offence if the person continues to perform functions for which that 33 competence was required. Page 56

Mine Health and Safety Bill 2002 Clause 138 Competence standards Part 9 1 (2) An operator who requires or permits functions to be performed by a 2 person whose competence is declared as not recognised is guilty of 3 an offence. 4 138 Penalty for offence against this Division 5 A person who contravenes, whether by act or omission, a provision 6 of this Division is guilty of an offence against that provision. 7 Maximum penalty: 8 (a) in the case of a corporation (being a previous offender)--750 9 penalty units, or 10 (b) in the case of a corporation (not being a previous offender)-- 11 500 penalty units, or 12 (c) in the case of an individual (being a previous offender)--375 13 penalty units, or 14 (d) in the case of an individual (not being a previous offender)-- 15 250 penalty units. Page 57

Clause 139 Mine Health and Safety Bill 2002 Part 10 Oversight of mines Part 10 Oversight of mines 1 Division 1 Outline of this Part 2 3 139 Outline of this Part 4 (1) This Part provides for the appointment, functions and powers of the 5 following persons, who are called government officials in this Act: 6 (a) the Chief Inspector, 7 (b) inspectors, 8 (c) mine safety officers, 9 (d) investigators. 10 (2) This Part also provides for the election or appointment of site check 11 inspectors to carry out inspections as representatives of the 12 workforce at mines. Division 2 Inspections by government officials 13 Subdivision 1 Appointment of government officials 14 15 140 Appointment of government officials 16 (1) The Minister may appoint a person employed under Chapter 2 of the 17 Public Sector Employment and Management Act 2002 as: 18 (a) the Chief Inspector, or 19 (b) an inspector, or 20 (c) a mine safety officer, or 21 (d) an investigator. 22 (2) An instrument appointing a person under this section may limit the 23 functions that the person has. 24 (3) A person appointed under this section is to be issued with an 25 identification card under section 48 of the Occupational Health and 26 Safety Act 2000. 27 141 Appointment of consultants as investigators 28 (1) The Minister may appoint a consultant: 29 (a) as an investigator for the purposes of carrying out 30 investigations under this Act, or 31 (b) to assist an investigator in carrying out such investigations. Page 58

Mine Health and Safety Bill 2002 Clause 142 Oversight of mines Part 10 1 (2) A consultant appointed under this section has, while exercising the 2 functions for which the consultant was appointed, the same 3 functions as an investigator has under this Act and the regulations 4 and the provisions of this Act and the regulations apply in respect of 5 the consultant in the same way as they apply in respect of an 6 inspector and anything done by an inspector. Subdivision 2 Functions of government officials 7 8 142 Functions of Chief Inspector 9 (1) The functions of the Chief Inspector are: 10 (a) the oversight of the operations of inspectors, and 11 (b) reviewing appeals from notices issued by inspectors, and 12 (c) the other functions that are conferred on the Chief Inspector 13 by this Act or the regulations, and 14 (d) any other function conferred by the Minister from time to 15 time. 16 (2) For the purposes of this Act, the Chief Inspector is an inspector. 17 143 Bringing concerns regarding health, safety or welfare to the 18 attention of operators 19 (1) This section applies if: 20 (a) a government official exercises any of the powers conferred 21 on him or her under this Part at or in connection with a mine, 22 and 23 (b) as a result of the exercise of those powers, he or she obtains 24 any information or becomes aware of any practice at a mine 25 that may, in his or her opinion, be relevant to the continued 26 safe operation of a mine or the health, safety or welfare at 27 work of the persons who work at a mine. 28 (2) In that case, the government official must, as soon as possible, so 29 advise the most senior person in the management structure of the 30 mine who is at work. 31 144 Consideration and investigation of complaints 32 (1) A government official must consider any complaint made to the 33 government official by a site check inspector for a mine, being a 34 complaint concerning the health, safety or welfare at work of the 35 persons who work at the mine. Page 59

Clause 145 Mine Health and Safety Bill 2002 Part 10 Oversight of mines 1 (2) A government official may investigate any such complaint if he or 2 she considers it appropriate to do so. 3 (3) A government official must report to the site check inspector who 4 made a complaint to the government official concerning the results 5 of the official's consideration or investigation of the complaint. 6 (4) Nothing in this section prevents a site check inspector from raising 7 matters directly with the operator of a mine. 8 145 Audit and review of mine safety management plans 9 (1) A government official may at any time audit and review the mine 10 safety management plan for a mine. 11 (2) Such an audit and review may occur periodically, after the 12 occurrence of an event prescribed by the regulations or at any other 13 time that the government official thinks is appropriate. 14 146 Additional functions 15 A government official has the following additional functions: 16 (a) in the case of a government official other than the Chief 17 Inspector, to provide advice to the Chief Inspector on matters 18 relating to the health, safety and welfare of persons at work at 19 mines, 20 (b) to make reports on incidents or other matters at mines and to 21 make recommendations for further action based on those 22 reports. Subdivision 3 Powers of government officials 23 24 147 Inspection powers 25 (1) A government official has those powers that an inspector has under 26 Part 5 of the Occupational Health and Safety Act 2000 so as to make 27 any examination and inquiry that may be necessary: 28 (a) to ascertain whether this Act and the regulations, or the 29 Occupational Health and Safety Act 2000 and the regulations 30 under it, have been complied with, or 31 (b) to ascertain whether there is at a mine any matter or thing that 32 affects or is likely to affect the health or safety of persons who 33 work at the mine, or 34 (c) to ascertain the causes and circumstances of any event or 35 other occurrence at a mine, or Page 60

Mine Health and Safety Bill 2002 Clause 148 Oversight of mines Part 10 1 (d) to investigate any complaint made to the government official 2 by a site check inspector. 3 (2) For the purposes of the application of Part 5 of the Occupational 4 Health and Safety Act 2000 to powers under this Act, a reference in 5 that Part to an inspector is taken to be a reference to a government 6 official. 7 148 Powers of entry at any time 8 Despite Part 5 of the Occupational Health and Safety Act 2000, a 9 government official may enter any mine at any time. 10 149 Power to cross land 11 A government official may enter any land (including any residential 12 premises) at any time if entering that land is the only way that the 13 government official can gain entry to a mine for the purpose of 14 making any examination and inquiry under section 147. 15 150 Power to require plan 16 (1) A government official may require the operator of a mine to provide 17 the government official with a plan of the mine marked with 18 information that the government official considers necessary for an 19 investigation or inquiry that the government official is making. 20 (2) An operator must not fail to comply with a requirement made under 21 this section. 22 Maximum penalty: 100 penalty units. Division 3 Inspections on behalf of work force 23 Subdivision 1 Site check inspectors 24 25 151 Site check inspectors 26 (1) For the purpose of enabling inspections to be carried out at a mine 27 on behalf of the persons at work at the mine, an individual may be 28 elected as a site check inspector for the mine. 29 (2) More than one person may be elected as a site check inspector if the 30 operator agrees or the Chief Inspector directs. Page 61

Clause 152 Mine Health and Safety Bill 2002 Part 10 Oversight of mines 152 Trigger for election 1 2 An election of a site check inspector for a mine must be held if one 3 or more positions are vacant and: 4 (a) a person employed in or about the mine requests in writing 5 that an election be held, or 6 (b) the Chief Inspector directs that an election be held. 7 153 Conduct of election of site check inspectors 8 (1) An election for a site check inspector for a mine may be conducted: 9 (a) if there is only one involved union in relation to the mine--by 10 that involved union, or 11 (b) if there is more than one involved union and all the involved 12 unions are in agreement that a specified one of those unions 13 should conduct the election--by that specified union, or 14 (c) if there is no involved union in relation to the mine or 15 agreement under paragraph (b) cannot be reached--by a 16 person authorised by the Chief Inspector to conduct elections 17 under this section. 18 (2) A person employed in or about the mine may be a candidate in the 19 election if and only if the person is employed at the mine. 20 (3) Subject to the regulations, all individuals employed in or about the 21 mine are entitled to vote in the election. 22 (4) Where there is only one candidate for the election, that person is 23 taken to have been elected. 24 (5) Where a person is elected as the site check inspector for a mine, the 25 involved union or other person authorised under subsection (1) to 26 conduct the election must, as soon as practicable after the person has 27 been so elected, inform the Chief Inspector, the industry check 28 inspector and the operator of the mine. 29 (6) As soon as practicable after being so informed, the operator of the 30 mine must cause a notice that the person so elected is the site check 31 inspector for the mine to be displayed in a prominent place at the 32 mine, that will allow all of the persons working in or about the mine 33 to be notified of the election. 34 Maximum penalty: 10 penalty units. Page 62

Mine Health and Safety Bill 2002 Clause 154 Oversight of mines Part 10 154 Term of office 1 2 Subject to section 155, a site check inspector for a mine holds office 3 for 2 years after the date on which he or she was elected but is 4 eligible to be elected for further terms of office. 5 155 Vacation of office of site check inspector 6 (1) A person ceases to be the site check inspector for a mine if: 7 (a) the person resigns as the site check inspector, or 8 (b) the person ceases to be employed in or about the mine, or 9 (c) the person's term of office expires without the person having 10 been elected to be the site check inspector for the mine for a 11 further term. 12 (2) A person may resign as the site check inspector for a mine: 13 (a) if the person was last elected as the site check inspector in an 14 election conducted by an involved union in relation to the 15 mine--by notice in writing delivered to the involved union 16 that nominated the person as a candidate in the election, or 17 (b) in any case--by notice in writing delivered to the operator of 18 the mine. 19 (3) If a person has resigned as the site check inspector for a mine: 20 (a) if subsection (2) (a) applies--the involved union to which the 21 notice of resignation was delivered, or 22 (b) in any other case--the operator of the mine, 23 must notify the persons employed at or about the mine, and, in a case 24 to which subsection (2) (a) applies, the operator of the mine, of the 25 resignation. 26 (4) If a person has ceased to be the site check inspector for a mine 27 because of subsection (1) (b), the person must notify the following 28 persons in writing that the person has ceased to be the site check 29 inspector for that mine: 30 (a) the persons employed at or about the mine, 31 (b) the operator of the mine, 32 (c) if the person was last elected as the site check inspector in an 33 election conducted by an involved union in relation to the 34 mine--the involved union, in relation to the mine, that 35 nominated the person as a candidate in the election. Page 63

Clause 156 Mine Health and Safety Bill 2002 Part 10 Oversight of mines 156 Notification of election 1 2 A person elected as a site check inspector for a mine must: 3 (a) notify the operator of the mine of the person's election, and 4 (b) give to the operator the person's address and telephone 5 number (including any mobile telephone number). 6 Maximum penalty: 5 penalty units. 7 157 Functions of site check inspectors 8 The functions of a site check inspector for a mine are as follows: 9 (a) to keep under review the measures taken to ensure the health, 10 safety and welfare of persons at the mine, including 11 procedures to control risks, 12 (b) to investigate any matter that may be a risk to health and 13 safety at the mine, 14 (c) to request an investigation by an inspector if a health, safety 15 or welfare matter is not resolved after attempts to do so, 16 (d) to inspect the mine to assess the level of risk to which 17 employees are exposed, 18 (e) to inspect documents and plans relating to health, safety and 19 welfare that are required to be kept at the mine by this Act or 20 the regulations or by the Occupational Health and Safety Act 21 2000 or the regulations made under that Act, 22 (f) to attempt to resolve matters concerning health, safety or 23 welfare at the mine or to request an investigation into those 24 matters by a government official, 25 (g) to accompany a government official on an inspection or 26 investigation at the mine and to observe any reports made by 27 a government official to an employer, 28 (h) to accompany employees in discussion with an employer 29 about health, safety or welfare matters at the mine and to 30 observe any in-house investigations of injuries or incidents, 31 (i) to assist in the development of record-keeping arrangements 32 and make recommendations about training for occupational 33 health and safety representatives and occupational health and 34 safety committees under the Occupational Health and Safety 35 Act 2000, Page 64

Mine Health and Safety Bill 2002 Clause 158 Oversight of mines Part 10 1 (j) to accompany an employee at the mine during any interview 2 with his or her employer or the operator about a health, safety 3 or welfare issue, 4 (k) to assist in-house investigations of notifiable injuries and 5 incidents at the mine, 6 (l) to assist in the development of arrangements for recording 7 hazards and incidents at the mine, 8 (m) to assist in the formation of safety plans and study safety plans 9 at the mine, 10 (n) any other functions prescribed by the regulations. 11 158 Training of site check inspectors 12 (1) A site check inspector for a mine must undertake a course of training 13 relating to occupational health and safety that is accredited by the 14 Minister for the purposes of this section. 15 (2) The operator of a mine must permit the site check inspector for the 16 mine to take any time off work, without loss of remuneration or 17 other entitlements, that is necessary to undertake the training. 18 159 Rights of site check inspectors 19 (1) A site check inspector: 20 (a) has the right to be present when an inspector makes a formal 21 report to the operator concerning a health, safety or welfare 22 matter at the mine, and 23 (b) has the right to accompany an employee, at the request of the 24 employee, during any interview with the operator or a 25 contractor about a health, safety or welfare matter at the mine, 26 and 27 (c) has the right to observe any formal in-house investigation of 28 an event or other occurrence at the mine that must be notified 29 to the Chief Inspector, and 30 (d) has the right to require assistance and access to facilities that 31 are reasonably necessary for the exercise of his or her 32 functions. 33 (2) A person must not obstruct a site check inspector in the exercise of 34 any right conferred on the inspector by this Act. 35 Maximum penalty: 100 penalty units. Page 65

Clause 160 Mine Health and Safety Bill 2002 Part 10 Oversight of mines 160 Duties of operators in relation to site check inspectors 1 2 The operator of a mine must: 3 (a) on being requested to do so by a site check inspector for the 4 mine, consult with the site check inspector on the 5 implementation of changes at the mine, being changes that 6 may affect the health or safety of persons at work at the mine, 7 and 8 (b) permit the site check inspector to make any inspection of the 9 mine that the site check inspector is entitled to make under 10 this Act, and to accompany an investigator during any 11 investigation at the mine by the investigator, and 12 (c) if there is no occupational health and safety committee 13 (established under the Occupational Health and Safety Act 14 2000) in respect of the operator's employees at the mine--on 15 being requested to do so by the site check inspector, consult 16 with the site check inspector concerning the development, 17 implementation and review of measures to ensure the health 18 or safety of persons at work at the mine, and 19 (d) permit the site check inspector to be present at any interview 20 at which the site check inspector is entitled to be present under 21 this Act, and 22 (e) provide the site check inspector with access to any 23 information to which the site check inspector is entitled to 24 obtain access in accordance with this Act and to which access 25 has been requested, and 26 (f) provide the site check inspector with reasonable time, during 27 normal working hours, to exercise the functions of the site 28 check inspector without loss of remuneration or other 29 entitlements, and 30 (g) provide the site check inspector with access to any facilities 31 that are: 32 (i) prescribed for the purposes of this paragraph, or 33 (ii) necessary for the purposes of exercising the powers of 34 a site check inspector. 35 Maximum penalty: 100 penalty units. Page 66

Mine Health and Safety Bill 2002 Clause 161 Oversight of mines Part 10 161 Duties of contractors in relation to site check inspectors 1 2 A contractor carrying out work at a mine must: 3 (a) on being requested to do so by a site check inspector for the 4 mine, consult with the site check inspector on the 5 implementation of changes at any mine at which employees 6 of the contractor perform work for the contractor, being 7 changes that may affect the health or safety at work of the 8 employees, and 9 (b) permit the site check inspector to make any inspection of the 10 mine that the site check inspector is entitled to make under 11 this Act, and to accompany an investigator during any 12 investigation at the mine by the investigator, and 13 (c) if there is no occupational health and safety committee 14 (established under the Occupational Health and Safety Act 15 2000) in respect of the contractor's employees at the mine-- 16 upon being requested to do so by the site check inspector, 17 consult with the site check inspector concerning the 18 development, implementation and review of measures to 19 ensure the health or safety at work of those employees, and 20 (d) permit the site check inspector to be present at any interview 21 at which the site check inspector is entitled to be present under 22 this Act, and 23 (e) provide the site check inspector with access to any 24 information to which the site check inspector is entitled to 25 obtain access in accordance with this Act and to which access 26 has been requested, and 27 (f) if the site check inspector is an employee of the contractor, 28 provide the site check inspector with reasonable time, during 29 normal working hours, to exercise the functions of the site 30 check inspector, without loss of remuneration or other 31 entitlements. 32 Maximum penalty: 100 penalty units. 33 162 Assistance to site check inspectors 34 The operator of a mine and all other persons at the mine must afford 35 every facility and assistance to a site check inspector for the 36 purposes of an inspection of the mine by the site check inspector. 37 Maximum penalty: 100 penalty units. Page 67

Clause 163 Mine Health and Safety Bill 2002 Part 10 Oversight of mines Subdivision 2 Inspections on behalf of work force 1 2 163 Inspections by site check inspectors 3 A site check inspector for a mine may: 4 (a) at any time go into and inspect working places, machinery and 5 equipment at the mine and the shafts, roadways, working 6 places, old workings and machinery and equipment at the 7 mine, and 8 (b) inspect any documents or plans that by virtue of the 9 Occupational Health and Safety Act 2000 or the regulations 10 made under that Act, or by virtue of this Act or the regulations 11 made under this Act, are required to be kept at the office of the 12 mine, and 13 (c) when there is at the mine an event or other occurrence (being 14 an event or occurrence for which notice is required by or 15 under this Act to be given), inspect the place where the event 16 or other occurrence happened and, so far as is necessary for 17 the purpose of ascertaining its cause: 18 (i) inspect any other part of the mine and any machinery, 19 apparatus or other thing at the mine, or 20 (ii) test the atmosphere at the place where the event or other 21 occurrence happened. 22 164 Site check inspector may be accompanied by operator's 23 representative 24 For the purposes of an inspection of a mine under section 163, a site 25 check inspector may be accompanied by the operator or a 26 representative of the operator, if the operator thinks fit. 27 165 Site check inspector must not leave work without prior notice 28 A site check inspector employed at a mine must not leave his or her 29 place of work for the purpose of exercising functions as a site check 30 inspector under this Subdivision unless the site check inspector 31 gives reasonable notice to the operator of the mine of his or her 32 intention to do so. For this purpose, notice given to a supervisor is 33 taken to have been given to the operator. 34 Maximum penalty: 20 penalty units. Page 68

Mine Health and Safety Bill 2002 Clause 166 Oversight of mines Part 10 166 Power to cross land 1 2 A site check inspector or an authorised representative for a mine 3 may enter any land (including any residential premises) at any time 4 if entering that land is the only way that the site check inspector or 5 the authorised representative can gain entry to a mine for the 6 purpose of exercising functions under this Act or the Occupational 7 Health and Safety Act 2000. Page 69

Clause 167 Mine Health and Safety Bill 2002 Part 11 Mining industry codes of practice Part 11 Mining industry codes of practice 1 2 167 Purpose of industry codes of practice 3 The purpose of a mining industry code of practice is to provide 4 practical guidance to operators, employers and others who have 5 duties under Part 5 of this Act or Part 2 of the Occupational Health 6 and Safety Act 2000 with respect to occupational health, safety and 7 welfare at mines. 8 168 Minister may prepare draft codes 9 (1) The Minister may prepare, or cause to be prepared, draft mining 10 industry codes of practice. 11 (2) A draft mining industry code of practice may refer to or incorporate, 12 with or without modification, a document prepared or published by 13 a body specified in the code, as in force at a particular time or from 14 time to time. 15 169 Consultation on draft codes 16 The Minister is to arrange for any organisations or persons that the 17 Minister may think appropriate to be consulted about a draft mining 18 industry code of practice. 19 170 Approval of codes by Minister 20 The Minister may approve a mining industry code of practice. 21 171 Publication, commencement and availability of codes 22 (1) An approved mining industry code of practice: 23 (a) is to be published in the Gazette, and 24 (b) takes effect on the day on which it is so published or, if a later 25 day is specified in the code for that purpose, on the later day 26 so specified. 27 (2) The following are to be made available for public inspection without 28 charge at an office of the Department designated by the Director- 29 General during normal office hours: 30 (a) a copy of each approved mining industry code of practice, 31 (b) if an approved mining industry code of practice has been 32 amended, a copy of the code as so amended, Page 70

Mine Health and Safety Bill 2002 Clause 172 Mining industry codes of practice Part 11 1 (c) if an approved mining industry code of practice refers to or 2 incorporates any other document prepared or published by a 3 specified body, a copy of each such document. 4 172 Amendment or revocation of codes 5 An approved mining industry code of practice may be amended or 6 revoked by an instrument prepared, approved and published in 7 accordance with the relevant procedures of this Part with respect to 8 industry codes of practice. 9 173 Use of codes 10 (1) In any proceedings for an offence against this Act or the regulations 11 or against the Occupational Health and Safety Act 2000 or the 12 regulations made under that Act: 13 (a) an approved mining industry code of practice that is relevant 14 to any matter that it is necessary for the prosecution to prove 15 to establish the commission of the offence by a person is 16 admissible in evidence in those proceedings, and 17 (b) the person's failure at any material time to observe the code is 18 evidence of the matter to be established in those proceedings. 19 (2) A person is not liable to any civil or criminal proceedings by reason 20 only that the person has failed to observe an approved mining 21 industry code of practice. Page 71

Clause 174 Mine Health and Safety Bill 2002 Part 12 Regulations Part 12 Regulations 1 2 174 Regulations: general power 3 (1) The Governor may make regulations, not inconsistent with this Act, 4 for or with respect to any matter that by this Act is required or 5 permitted to be prescribed or that is necessary or convenient to be 6 prescribed for carrying out or giving effect to the objects of this Act. 7 (2) Any specific power to make regulations under this Act does not 8 limit the generality of subsection (1). 9 175 Regulations: specific miscellaneous powers 10 Regulations may be made for or with respect to any of the following 11 matters: 12 (a) the safety, health, welfare, convenience and conduct of 13 persons at mines, 14 (b) critical controls for major hazards at mines, 15 (c) the records that must be kept and the reports that must be 16 made by an operator of a mine to the Chief Inspector 17 concerning the health and safety performance of the mine, 18 (d) the matters in a mine safety management plan, 19 (e) the matters in an emergency plan, 20 (f) the matters in a contractor's safety management plan, 21 (g) regulating or prohibiting: 22 (i) the design, manufacture, supply or use of any plant at or 23 in relation to a mine, and 24 (ii) the design, manufacture, supply, storage, transport 25 oruse of any substance at or in relation to a mine, and 26 (iii) the carrying on of any process or the carrying out of any 27 activity at or in relation to a mine, 28 (h) requiring persons to identify hazards to the health and safety 29 of persons, and to assess risks, arising from work at or in 30 relation to a mine (including risks arising from the place of 31 work or from any plant or substance for use at work), 32 (i) designating the persons (whether employers, self-employed 33 persons, contractors or other persons) who are to be 34 responsible for compliance with the obligations imposed by 35 the regulations, 36 (j) the register of persons occupying positions, Page 72

Mine Health and Safety Bill 2002 Clause 175 Regulations Part 12 1 (k) requiring a person, before commencing to carry out work of a 2 particular kind at a place of work at or in relation to a mine, to 3 give the Minister or other persons notice of the proposed work 4 in accordance with the regulations, 5 (l) requiring persons at a mine, in any circumstances involving a 6 risk to their health, to undergo a biological, hearing or other 7 test, 8 (m) requiring persons at a mine to not eat, drink or smoke in any 9 circumstances involving an increased risk to their health, 10 (n) measures for detecting and investigating cases in which the 11 health of persons has been affected, including medical 12 examinations, the making of biological, hearing or other tests 13 and the notification of absences from work, 14 (o) prohibiting, absolutely or conditionally, the use of specified 15 materials or classes or types of materials at or in relation to 16 mines, 17 (p) the design, construction, installation, maintenance, use, 18 testing, repair, adjustment, alteration and examination of 19 plant used at or in relation to mines, 20 (q) the design, use, construction and maintenance of buildings 21 and structures at mines, 22 (r) the design, use, construction and maintenance of equipment 23 used in connection with shafts and roadways in mines, 24 (s) the provision of security measures at a mine to prevent access 25 to shafts, declines and surface buildings when unattended, 26 (t) the circumstances in which consultation must be undertaken 27 by an operator of a mine or by a contractor, 28 (u) the mode of consultation by the operator of a mine or by a 29 contractor, 30 (v) the requirements to be observed and the precautions to be 31 taken in mining any location, including: 32 (i) under the ocean, a river, a lake, an estuary, a reservoir 33 or an aquifer, and 34 (ii) near any place or strata that is likely to contain a 35 dangerous accumulation of gas or water or material that 36 flows when wet, 37 (w) the control of the supply, storage and use of blasting 38 materials, blasting devices and inflammable materials at a 39 mine, Page 73

Clause 175 Mine Health and Safety Bill 2002 Part 12 Regulations 1 (x) requiring the surveying, and the preparation of plans, of 2 barriers and protective pillars in a mine and prescribing the 3 time in which any such surveys or plans must be made or 4 prepared, 5 (y) the waiver, remission or refund of fees charged under the Act 6 or the regulations and the interest payable for late payment of 7 such fees, 8 (z) the registration of any plant, material or thing before it may be 9 used in, installed in or taken into a mine or connected to, or 10 used with, any other plant, material or thing used or installed 11 in a mine, 12 (aa) the generation, storage, transformation, transmission and use 13 of electricity at a mine, 14 (ab) requiring communication systems to be provided in a mine, 15 (ac) the supply and maintenance of first aid equipment, facilities 16 and locations at a mine, 17 (ad) the employment at a mine of persons trained to administer 18 first aid to persons injured, 19 (ae) the conveyance of persons injured within a mine from the 20 mine to their homes or hospital, 21 (af) the supply of drinking water at a mine, 22 (ag) the provision of facilities for the taking of meals both on the 23 surface and underground at a mine, 24 (ah) the supply and maintenance of safety equipment for the use of 25 persons employed at a mine, 26 (ai) the transport of persons and materials in a mine, 27 (aj) requiring persons employed in a mine who carry out 28 prescribed functions that may affect the safety or health of 29 other persons to hold any evidence of competence that may be 30 prescribed, 31 (ak) the ventilation of underground mines, 32 (al) the environmental working conditions in a mine, 33 (am) the control of the temperature and humidity to which persons 34 may be exposed in a mine, 35 (an) lighting in or about mines, 36 (ao) prohibiting the taking into mines of items that may affect the 37 safety of persons at mines, Page 74

Mine Health and Safety Bill 2002 Clause 175 Regulations Part 12 1 (ap) searching persons, before entry into mines, for items referred 2 to in paragraph (ao) and the confiscation and disposal of any 3 such items found, 4 (aq) the fencing, enclosing or sealing of abandoned or 5 discontinued mines or parts of mines, 6 (ar) requiring the provision of information, and the means of 7 information provision, at a mine and prescribing: 8 (i) the number, design, construction, size and location of 9 those means of information provision, and 10 (ii) the matters that must be displayed or provided, and 11 (iii) the class or classes of persons to whom information is 12 to be provided, 13 (as) the preparation, maintenance, keeping and preservation of 14 plans, sections and drawings of mines (including abandoned 15 mines) and of workings in or about mines and of related 16 documents, including provisions for or with respect to the 17 preparation of those plans, sections and drawings by the 18 Director-General and the recovery of the cost of their 19 preparation, maintenance, keeping and preservation, 20 (at) surveys of mines (including abandoned mines), 21 (au) the furnishing or production of copies of plans, sections and 22 drawings of mines (including abandoned mines) and the 23 furnishing of information relevant to the preparation of those 24 plans, sections or drawings to the Director-General, to 25 inspectors and to other persons, 26 (av) the supply of, or the furnishing of information from, copies of 27 plans, sections or drawings filed with the Director-General to 28 persons, 29 (aw) prescribing, in respect of tailings disposal areas, engineering, 30 environmental and safety standards and practices to be 31 adopted in constructing and using emplacement areas and 32 steps to be taken to keep emplacement areas secure, 33 (ax) the provision, retention, maintenance and inspection of 34 records at a mine, 35 (ay) the obligations of land owners and land occupiers at or in the 36 vicinity of mines or abandoned or former mines, 37 (az) the functions of the Chief Inspector, 38 (ba) the functions of inspectors, investigators or mine safety 39 officers, including provisions for or with respect to the Page 75

Clause 175 Mine Health and Safety Bill 2002 Part 12 Regulations 1 production of identification cards by inspectors, investigators 2 or mine safety officers and the warnings to be administered to 3 persons in the course of an inspection, 4 (bb) the functions of site check inspectors including provisions for 5 or with respect to the production of identification cards by 6 such persons, 7 (bc) the analysis of any substance, 8 (bd) the fees chargeable or payable for doing any act or providing 9 any service in connection with this Act or the regulations, 10 (be) forms for the purposes of this Act or the regulations, 11 (bf) the manner of serving notices under this Act or the 12 regulations, 13 (bg) any information to be provided to any person by an inspector 14 or other person exercising functions under this Act, 15 (bh) the persons, or class of persons, entitled to vote at an election 16 under this Act, 17 (bi) the manner in which an election under this Act must be held, 18 (bj) the fitness for work of those who work at mines, 19 (bk) the setting and variation of working time arrangements of 20 those who work at mines, 21 (bl) the consumption of alcohol or other drugs by those who work 22 at mines, 23 (bm) the content and operation of a management structure for a 24 mine, 25 (bn) supervision of those who work at mines, 26 (bo) the duties of an operator of mines in relation to 27 subcontractors, 28 (bp) periodic performance reports by operators of mines 29 concerning the occurrence of notifiable incidents within the 30 meaning of section 100. Page 76

Mine Health and Safety Bill 2002 Clause 176 Regulations Part 12 176 Regulations may prescribe decisions that are to be reviewable by 1 2 Administrative Decisions Tribunal 3 (1) The regulations may authorise a person to apply to the 4 Administrative Decisions Tribunal for a review of a decision of a 5 class prescribed by the regulations that is made under this Act or the 6 regulations. 7 (2) The regulations may require any person who applies to the 8 Administrative Decisions Tribunal for a review of a decision under 9 this Act to notify any person of that application. 10 (3) Despite section 60 of the Administrative Decisions Tribunal Act 11 1997, the regulations may make provision for the operation and 12 implementation of a decision under review, or pending review, by 13 the Administrative Decisions Tribunal. 14 (4) Any such regulation cannot be made without the concurrence of the 15 Minister administering the Administrative Decisions Tribunal Act 16 1997. 17 177 Regulations: adapting duties under Part 5 18 The regulations may adapt the provisions of Part 5 to meet the 19 circumstances of any specified class of case. 20 178 Regulations concerning application of Part 5 to contractors 21 (1) The regulations may specify contractors or classes of contractors: 22 (a) in relation to whom some or all of Subdivision 4 of Division 23 2 of Part 5 does not create any duties or creates duties subject 24 to conditions, or 25 (b) to whom some or all of Division 6 of Part 5 does not apply or 26 applies subject to conditions. 27 (2) Any regulation made under this section applies only to contractors 28 who do not undertake mining activities as part of the work that they 29 undertake in connection with a coal operation. 30 179 Regulations may adopt other publications 31 The regulations may apply, adopt or incorporate any publication as 32 in force at a particular time or from time to time. 33 180 Regulations may create criminal offences 34 The regulations may create offences punishable by a penalty not 35 exceeding 250 penalty units. Page 77

Clause 181 Mine Health and Safety Bill 2002 Part 12 Regulations 181 Exemptions 1 2 (1) The regulations may exempt persons, or persons of a prescribed 3 class, or any act, matter or thing, or any prescribed class of act, 4 matter or thing, either absolutely or subject to conditions, from any 5 provision of the regulations. 6 (2) The regulations may exempt an operator, or a class of operators, 7 from the requirement to prepare a mine safety management plan and 8 from requirements relating to that plan under Subdivision 2 of 9 Division 2 of Part 4. 10 182 Regulations relating to consultation 11 (1) If a provision of this Act requires consultation to be carried out with 12 persons who work at a mine, in the manner required by the 13 regulations, the regulations may specify the circumstances where it 14 is sufficient for the occupational health and safety committee for the 15 mine (established under the Occupational Health and Safety Act 16 2000) or the site check inspector for the mine to be consulted about 17 the matter rather than the persons who work at the mine. 18 (2) This section does not limit the mode of consultation that may be 19 required by the regulations, or the circumstances where consultation 20 may be required. Page 78

Mine Health and Safety Bill 2002 Clause 183 Miscellaneous Part 13 Part 13 Miscellaneous 1 Division 1 Enforcement 2 Note. 3 Section 104A of the Occupational Health and Safety Act 2000 provides for 4 offences under this Act and the regulations to be prosecuted under that Act. 5 183 Offences by corporations 6 (1) If a corporation contravenes, whether by act or omission, any 7 provision of this Act or the regulations, each person who is a 8 director of the corporation or who is concerned in the management 9 of the corporation is taken to have contravened the same provision 10 unless the director or person satisfies the court that: 11 (a) he or she was not in a position to influence the conduct of the 12 corporation in relation to its contravention of the provision, or 13 (b) he or she, being in such a position, used all due diligence to 14 prevent the contravention by the corporation. 15 (2) A person may be proceeded against and convicted under a provision 16 pursuant to subsection (1) whether or not the corporation has been 17 proceeded against or has been convicted under the provision. 18 (3) Nothing in this section affects any liability imposed on a corporation 19 for an offence committed by the corporation under this Act or the 20 regulations. 21 184 Aiding or abetting the commission of offences 22 A person: 23 (a) who aids, abets, counsels or procures, or 24 (b) who, by act or omission, is in any way directly or indirectly 25 knowingly concerned in or a party to, 26 the commission of an offence against this Act or the regulations is 27 taken to have committed that offence and is punishable accordingly. Page 79

Clause 185 Mine Health and Safety Bill 2002 Part 13 Miscellaneous 185 Defence 1 2 It is a defence to any proceedings against a person for an offence 3 against a provision of this Act or the regulations if the person proves 4 that: 5 (a) it was not reasonably practicable for the person to comply 6 with the provision, or 7 (b) the commission of the offence was due to causes over which 8 the person had no control and against the happening of which 9 it was impracticable for the person to make provision. 10 186 Defences to criminal proceedings not affected by this Act 11 It is not a defence to an action in any criminal proceedings that a 12 given course of action was not objected to by the Chief Inspector or 13 the Department, even if this Act gives the Chief Inspector or the 14 Department an opportunity to object to that course of action. Division 2 Information 15 16 187 Disclosure of information 17 A person must not disclose any information obtained in connection 18 with the administration or execution of this Act unless that 19 disclosure is made: 20 (a) with the consent of the person from whom the information 21 was obtained, or 22 (b) in connection with the administration or execution of this Act 23 (or any other Act), or 24 (c) for the purposes of any legal proceedings arising out of this 25 Act (or any other Act) or of any report of any such 26 proceedings, or 27 (d) in accordance with the Freedom of Information Act 1989, or 28 (e) in accordance with a requirement imposed under the 29 Ombudsman Act 1974, or 30 (f) with the consent of the Minister, or 31 (g) with other lawful excuse. 32 Maximum penalty: 20 penalty units. Page 80

Mine Health and Safety Bill 2002 Clause 188 Miscellaneous Part 13 188 False or misleading statements 1 2 A person must not, in giving any answer required of the person by a 3 person under this Act, or in complying with a requirement to make 4 a report under this Act, to furnish any returns, statistics or other 5 information or to inform a person of the substance of any 6 instructions, make a statement that the person knows to be false or 7 misleading in a material particular or recklessly make a statement 8 that is false or misleading in a material particular. 9 Maximum penalty: 10 (a) in the case of a previous offender--150 penalty units, or 11 (b) in any other case--100 penalty units. 12 189 Defence 13 A person does not commit an offence against this Division by giving 14 any answer, information or a document if the person, when giving 15 the answer, the information or the document: 16 (a) tells the other person, to the best of his or her ability, how it is 17 false or misleading, and 18 (b) gives the correct information, in circumstances where the 19 person has, or can reasonably obtain, the correct information. Division 3 Exercise and delegation of functions 20 21 190 Chief Inspector subject to Ministerial control 22 The Chief Inspector is, in the exercise of his or her functions, subject 23 to Ministerial control and direction. 24 191 Minister may exercise function of Chief Inspector 25 The Minister may, at his or her discretion, exercise a function 26 conferred on the Chief Inspector by this Act or the regulations. 27 192 Delegation of functions by the Minister 28 (1) The Minister may, by instrument in writing, delegate to the 29 Director-General any of the functions conferred or imposed on the 30 Minister by or under this Act (other than this power of delegation). 31 (2) The Minister may, by instrument in writing, delegate to the Board 32 any of the functions conferred or imposed on the Minister under 33 Part 10. Page 81

Clause 193 Mine Health and Safety Bill 2002 Part 13 Miscellaneous 193 Delegation of functions by Chief Inspector 1 2 The Chief Inspector may, by instrument in writing, delegate to any 3 inspector any of the functions conferred or imposed on the Chief 4 Inspector by or under this Act (other than this power of delegation). 5 194 Delegation of functions by Director-General 6 (1) The Director-General may, by instrument in writing, delegate to an 7 authorised person any function conferred or imposed on the 8 Director-General by or under this Act, including this power of 9 delegation. 10 (2) The Director-General may subdelegate to any authorised person any 11 function delegated to the Director-General by the Minister if the 12 Director-General is authorised to do so by the Minister. 13 (3) In this section: 14 authorised person means: 15 (a) an officer of the Department, or 16 (b) any other person prescribed by the regulations. Division 4 Service of documents 17 18 195 Service of documents 19 (1) A document that is authorised or required by this Act or the 20 regulations to be served on any person may be served by: 21 (a) in the case of a natural person: 22 (i) delivering it to the person personally, or 23 (ii) sending it by post to the address specified by the person 24 for the giving or service of documents or, if no such 25 address is specified, the residential or business address 26 of the person last known to the person giving or serving 27 the document, or 28 (iii) sending it by facsimile transmission to the facsimile 29 number of the person, or 30 (b) in the case of a body corporate: 31 (i) leaving it with a person apparently of or above the age 32 of 16 years at, or by sending it by post to, the head 33 office, a registered office or a principal office of the 34 body corporate or to an address specified by the body 35 corporate for the giving or service of documents, or Page 82

Mine Health and Safety Bill 2002 Clause 196 Miscellaneous Part 13 1 (ii) sending it by facsimile transmission to the facsimile 2 number of the body corporate. 3 (2) Nothing in this section affects the operation of any provision of a 4 law or of the rules of a court authorising a document to be served on 5 a person in any other manner. 6 196 Supply of documents to an operator 7 If this Act or the regulations requires something to be sent or given 8 to the operator of a mine it is enough that it is sent or given to the 9 most senior person identified in the operator's management 10 structure who is at work or given to a person at the on-site office of 11 the mine or at the premises at which the relevant part of the work of 12 the mine is carried out. 13 197 Supply of documents to Chief Inspector 14 If this Act or the regulations requires something to be sent or given 15 to the Chief Inspector, it is enough that it is sent or given to a person, 16 or left at a place, specified by the Chief Inspector by order published 17 in the Gazette. Division 5 Fees 18 19 198 Fees 20 (1) The Minister may determine the fees and charges payable: 21 (a) by an applicant for a certificate of competence, and 22 (b) by a candidate for an examination conducted by the Board, 23 and 24 (c) for any service provided by the Board, and 25 (d) for the testing of plant or material for registration for the 26 purpose of this Act or the regulations, and 27 (e) for the issue of any tourist or educational permit, and 28 (f) for any other purpose in connection with this Act authorised 29 by the regulations. 30 (2) Any determination made under this section is subject to the 31 regulations. Page 83

Clause 199 Mine Health and Safety Bill 2002 Part 13 Miscellaneous Division 6 General 1 2 199 Protection from liability 3 (1) A matter or thing done or omitted to be done by a protected person 4 does not, if the matter or thing was done or omitted in good faith for 5 the purpose of executing any provision of this or any other Act, 6 subject such person personally to any action, liability, claim or 7 demand. 8 (2) In this section, protected person means the following: 9 (a) the Minister, 10 (b) the Director-General, 11 (c) the Chief Inspector, 12 (d) a member of the Board, 13 (e) a site check inspector, 14 (f) an inspector, 15 (g) a mine safety officer, 16 (h) an investigator, 17 (i) a person who constitutes a Board of Inquiry, 18 (j) an assessor sitting with a Board of Inquiry. 19 200 No obligation to exercise power 20 Nothing in this Act, other than a provision creating an offence, 21 imposes an obligation on a person to exercise any power because the 22 person is a site check inspector. Page 84

Mine Health and Safety Bill 2002 Clause 201 Repeals and amendments Part 14 Part 14 Repeals and amendments 1 2 201 Repeals 3 The following are repealed: 4 (a) the Mines Inspection Act 1901 No 75, 5 (b) the Mines Inspection Amendment Act 1998 No 69, 6 (c) the Mines Inspection General Rule 2000, 7 (d) the Mines Inspection Regulation 1999. 8 202 Amendment of Mining Act 1992 No 29 9 The Mining Act 1992 is amended as set out in Schedule 1. 10 203 Amendment of Occupational Health and Safety Act 2000 No 40 11 The Occupational Health and Safety Act 2000 is amended as set out 12 in Schedule 2. 13 204 Amendment of other Acts 14 Each Act specified in Schedule 3 is amended as set out in that 15 Schedule. 16 205 Savings, transitional and other provisions 17 Schedule 4 has effect. 18 206 Review of Act 19 (1) The Minister is to review this Act to determine whether the policy 20 objectives of the Act remain valid and whether the terms of the Act 21 remain appropriate for securing those objectives. 22 (2) The review is to be undertaken as soon as possible after the period 23 of 5 years from the date of assent to this Act. 24 (3) A report on the outcome of the review is to be tabled in each House 25 of Parliament within 12 months after the end of the period of 5 26 years. Page 85

Mine Health and Safety Bill 2002 Schedule 1 Amendment of Mining Act 1992 Schedule 1 Amendment of Mining Act 1992 (Section 202) Section 163A Insert after section 163: 163A Mine holdings (1) The Director-General is to cause to be kept a register of mine holdings (referred to in this section as the register) in such form as may be prescribed by the regulations. (2) The Director-General is to cause to be recorded in the register: (a) such particulars as are necessary to give effect to a direction given under this section, and (b) such other particulars as may be prescribed by the regulations. (3) A person who has a right (whether under a mining lease or otherwise) to mine for minerals other than coal or to carry out mining purposes in relation to minerals other than coal on any land may apply to have the land registered as a mine holding or recorded on the register as part of an existing mine holding. (4) A person who has an interest in a mine holding may apply to have the registration of the mine holding cancelled or amended so as to exclude land from the mine holding. (5) An application under this section: (a) must be lodged with the Director-General, and (b) must be accompanied by the particulars prescribed by the regulations. (6) The Minister may, by order in writing, direct that specified land (being land in which a person has, in the Minister's opinion, a right to mine for minerals other than coal or to carry out mining purposes in connection with mining for minerals other than coal) be registered as a mine holding or recorded on the register as part of an existing mine holding. (7) The Minister may, by order in writing, direct that the registration of a mine holding be cancelled or amended so as to exclude specified land from the mine holding. Page 86

Mine Health and Safety Bill 2002 Amendment of Mining Act 1992 Schedule 1 1 (8) A direction may be given under subsection (6) or (7) whether 2 or not an application has been made under subsection (3) or 3 (4) in respect of the same land. 4 (9) The Director-General is to cause copies of any direction under 5 subsection (6) or (7) to be served on such persons as, in the 6 Director-General's opinion, have a right to mine minerals 7 other than coal or to carry out mining purposes in connection 8 with mining for minerals other than coal in the land or mine 9 holding to which the instrument relates. Page 87

Mine Health and Safety Bill 2002 Schedule 2 Amendment of Occupational Health and Safety Act 2000 Schedule 2 Amendment of Occupational Health and 1 Safety Act 2000 2 3 (Section 203) 4 [1] Section 4 Definitions 5 Omit paragraph (c) of the definition of associated occupational health 6 and safety legislation. 7 [2] Section 4, definition of "mine" 8 Omit the definition. 9 [3] Section 4 10 Insert in alphabetical order: 11 mining or quarrying operation means a place to which the 12 Mine Health and Safety Act 2002 applies. 13 [4] Section 5 Application of Act 14 Omit "mines" from Note 1 to the section. 15 Insert instead "mining or quarrying operations". 16 [5] Section 17 Establishment of OHS committees, election of OHS 17 representatives and other agreed arrangements 18 Insert after section 17 (6): 19 (7) In relation to a mining or quarrying operation: 20 (a) a site check inspector (within the meaning of the Mine 21 Health and Safety Act 2002) for a mining or quarrying 22 operation, must be a member of any OHS committee for 23 the mining or quarrying operation, and 24 (b) subsection (2) does not apply. 25 Note. The Mine Health and Safety Act 2002 makes provision for the 26 election or appointment of certain persons to carry out inspections and 27 perform other functions on behalf of persons who work at a mining or 28 quarrying operation. Page 88

Mine Health and Safety Bill 2002 Amendment of Occupational Health and Safety Act 2000 Schedule 2 [6] Section 30 Alternative verdicts 1 2 Insert after section 30 (2): 3 (3) If in proceedings for an offence against a provision of section 4 8 or 9 the court is not satisfied that the person contravened that 5 provision but is satisfied that the act or omission concerned 6 constituted a contravention of a provision of Part 5 of the 7 Mine Health and Safety Act 2002, the court may convict the 8 person of an offence against that other provision. 9 [7] Section 47 Appointment of inspectors (otherwise than in 10 connection with mining or quarrying operations or coal 11 workplaces) 12 Omit "mine" from section 47 (2). 13 Insert instead "mining or quarrying operation". 14 [8] Section 47A 15 Omit the section. Insert instead: 16 47A Appointment of inspectors in connection with mining or 17 quarrying operations 18 A person appointed as a government official under the Mine 19 Health and Safety Act 2002 is taken to have been appointed as 20 an inspector for the purposes of this Act and the regulations. 21 Such a person is only authorised to exercise functions under 22 this Act in relation to a mining or quarrying operation, but 23 may exercise functions under Division 2 in relation to 24 premises other than a mining or quarrying operation for the 25 purpose of investigating any matter under this Act in relation 26 to a mining or quarrying operation. 27 [9] Section 48 Identification of inspectors 28 Omit "Mines Inspection Act 1901" from section 48 (3). 29 Insert instead "Mine Health and Safety Act 2002". 30 [10] Sections 77 and 81 31 Insert "or the Mine Health and Safety Act 2002," after "legislation" 32 wherever occurring. Page 89

Mine Health and Safety Bill 2002 Schedule 2 Amendment of Occupational Health and Safety Act 2000 [11] Sections 86 (5) and 87 (6) 1 2 Omit "mine" wherever occurring. 3 Insert instead "mining or quarrying operation". 4 [12] Section 104A Application of this Part 5 Insert after section 104A (2): 6 (2A) This Part extends to proceedings in connection with the Mine 7 Health and Safety Act 2002 and the regulations under that 8 Act. 9 [13] Section 104A (3) 10 Insert "or (2A)" after "(2)". 11 [14] Section 104A (3) (d) 12 Insert "or the Mine Health and Safety Act 2002" after "Coal Mine Health 13 and Safety Act 2002". 14 [15] Section 104A (4) 15 Insert "or the Mine Health and Safety Act 2002" after "Coal Mine Health 16 and Safety Act 2002". 17 [16] Section 104A (4) 18 Omit "that Act". Insert instead "those Acts". 19 [17] Section 133 Application of Act to mining and quarrying operations 20 and coal workplaces: references to WorkCover 21 Omit "Mines Inspection Act 1901". 22 Insert instead "Mine Health and Safety Act 2002". Page 90

Mine Health and Safety Bill 2002 Amendment of other Acts Schedule 3 Schedule 3 Amendment of other Acts 1 2 (Section 204) 3.1 Coroners Act 1980 No 27 3 4 [1] Schedule 1 Special provisions--inquests concerning deaths or 5 suspected deaths in mines 6 Omit "Mines Inspection Act 1901" wherever occurring from the 7 definitions of investigator and mine in clause 1. 8 Insert instead "Mine Health and Safety Act 2002". 9 [2] Schedule 1, clause 2 10 Omit "Mines Inspection Act 1901" from clause 2 (a). 11 Insert instead "Mine Health and Safety Act 2002". 3.2 Dangerous Goods Act 1975 No 68 12 13 Sections 5 (3) and 41 (2) 14 Omit "Mines Inspection Act 1901" wherever occurring. 15 Insert instead "Mine Health and Safety Act 2002". 3.3 Defamation Act 1974 No 18 16 17 Section 17U and clause 2 (19B) of Schedule 2 18 Omit "Mines Inspection Act 1901" wherever occurring. 19 Insert instead "Mine Health and Safety Act 2002". 3.4 Electricity Safety Act 1945 (1946 No 13) 20 21 Section 4 Definitions 22 Omit "Mines Inspection Act 1901" from the definition of Electrical 23 installation in section 4 (1). 24 Insert instead "Mine Health and Safety Act 2002". Page 91

Mine Health and Safety Bill 2002 Schedule 3 Amendment of other Acts 3.5 Industrial Relations Act 1996 No 17 1 2 Section 197A Appeals against acquittals in proceedings for 3 offences against occupational health and safety legislation 4 Insert after paragraph (d) of the definition of occupational health and 5 safety legislation in section 197A (10): 6 (d1) the Mines Inspection Act 1901, and 7 (d2) the Mines Health and Safety Act 2002, and 3.6 Offshore Minerals Act 1999 No 42 8 9 Sections 123, 183, 259 and 308 10 Omit "Mines Inspection Act 1901" wherever occurring in the note to each 11 section. 12 Insert instead "Mine Health and Safety Act 2002". 3.7 Petroleum (Onshore) Act 1991 No 84 13 14 Sections 113 (1) and 128 (1) 15 Omit "Mines Inspection Act 1901" wherever occurring. 16 Insert instead "Mine Health and Safety Act 2002". 3.8 Radiation Control Act 1990 No 13 17 18 [1] Section 5 Application of Act to radioactive ore being mined or 19 treated 20 Omit "mine (as defined in section 4 (1) of the Mines Inspection Act 1901) 21 or is the subject of treatment (as so defined)". 22 Insert instead "mine as defined in the Mine Health and Safety Act 2002 or 23 is the subject of treatment". 24 [2] Section 38 Consultation and co-operation between Ministers 25 Omit "Mines Inspection Act 1901" from section 38 (b). 26 Insert instead "Mine Health and Safety Act 2002". Page 92

Mine Health and Safety Bill 2002 Amendment of other Acts Schedule 3 3.9 Rail Safety Act 1993 No 50 1 2 Section 8 Railways to which Act applies 3 Omit "Mines Inspection Act 1901" from section 8 (2) (a). 4 Insert instead "Mine Health and Safety Act 2002". 3.10 Rail Safety Act 2002 No 96 5 6 Section 6 Railways to which Act applies 7 Omit "Mines Inspection Act 1901" from section 6 (2) (a). 8 Insert instead "Mine Health and Safety Act 2002". 3.11 Surveying Act 2002 No 83 9 10 Sections 3 (1) and 13 (4) (f) 11 Omit "Mines Inspection Act 1901" wherever occurring. 12 Insert instead "Mine Health and Safety Act 2002". 3.12 Surveyors Act 1929 No 3 13 14 Section 25 Saving 15 Omit "Mines Inspection Act 1901". 16 Insert instead "Mine Health and Safety Act 2002". Page 93

Mine Health and Safety Bill 2002 Schedule 4 Savings, transitional and other provisions Schedule 4 Savings, transitional and other provisions 1 2 (Section 205) Part 1 General 3 4 1 Regulations 5 (1) The regulations may contain provisions of a savings or transitional 6 nature consequent on the enactment of the following Acts: 7 this Act 8 (2) Any such provision may, if the regulations so provide, take effect 9 from the date of assent to the Act concerned or a later date. 10 (3) To the extent to which any such provision takes effect from a date 11 that is earlier than the date of its publication in the Gazette, the 12 provision does not operate so as: 13 (a) to affect, in a manner prejudicial to any person (other than the 14 State or an authority of the State), the rights of that person 15 existing before the date of its publication, or 16 (b) to impose liabilities on any person (other than the State or an 17 authority of the State) in respect of anything done or omitted 18 to be done before the date of its publication. Part 2 Provisions consequent on the enactment of 19 this Act 20 Division 1 Interpretation 21 22 2 Definition 23 In this Part: 24 former Act means the Mines Inspection Act 1901. Division 2 Phasing-in of plans and systems 25 26 3 Phasing-in of plans and systems 27 Without limiting clause 1, the regulations may make provision for 28 plans, systems or other arrangements developed under the former 29 Act and in force or effect immediately before the repeal of the 30 former Act to be acceptable as fulfilling any requirement imposed Page 94

Mine Health and Safety Bill 2002 Savings, transitional and other provisions Schedule 4 1 by or under this Act for the duration of any phasing-in period 2 prescribed by the regulations. 3 4 Saving of occupational safety and health policies 4 Without limiting clause 3, an occupational safety and health policy 5 prepared for a mine under the Mines Inspection General Rule 2000 6 as in force immediately before the repeal of the former Act 7 continues to have effect in respect of the mine after that date and 8 until replaced by an occupational health and safety policy prepared 9 under this Act. Division 3 Employment 10 11 5 Agreement concerning hours of work 12 An agreement under section 29 (2) of the former Act in force 13 immediately before the repeal of the former Act continues to have 14 effect despite the provisions of section 88 of this Act. The 15 agreement cannot be varied but may be terminated by the operator 16 concerned or by the Chief Inspector. 17 6 Approvals concerning hours of work 18 Despite the provisions of section 88 of this Act, an approval under 19 section 29 (4) of the former Act in force immediately before the 20 repeal of the former Act is taken to be an approval permitting 21 employment contrary to the provisions of section 88. Such an 22 approval continues in effect until it expires, or is revoked by the 23 Chief Inspector, whichever occurs sooner. 24 7 Requirement of alteration of work hours 25 A requirement imposed by the Chief Inspector under section 30 of 26 the former Act in force immediately before the repeal of the former 27 Act is taken to be a requirement imposed under section 89 of this 28 Act. Division 4 Certificates and permits under former Act 29 30 8 Certificates of competency saved 31 On and from the repeal of the former Act: 32 (a) a certificate of competency as a production manager granted 33 under section 7 of the former Act is taken to have been 34 granted under section 131 of this Act in relation to the Page 95

Mine Health and Safety Bill 2002 Schedule 4 Savings, transitional and other provisions 1 functions ordinarily required to be exercised by the holder of 2 a position prescribed by the regulations for the purposes of 3 this clause, and 4 (b) a certificate of competency as shotfirer granted under section 5 18G of the former Act is taken to have been granted under 6 section 131 of this Act in relation to the functions ordinarily 7 required to be exercised by the holder of a position prescribed 8 by the regulations for the purposes of this clause, and 9 (c) a certificate of competency as an engine driver relating to 10 winders and hoists granted under section 14 of the former Act, 11 is taken to have been granted under section 131 of this Act in 12 relation to the functions ordinarily required to be exercised by 13 the holder of a position prescribed by the regulations for the 14 purposes of this clause. 15 9 Saving of tourist and educational permits 16 A permit issued under section 48C of the former Act that was in 17 force immediately before the repeal of the former Act is taken to be 18 a permit under section 97 of this Act. Division 5 Holders of positions in management structure 19 20 10 Holders of positions in management structure 21 Without limiting clause 1, the regulations may make provision for a 22 person who held a position in the management of a mine 23 immediately before the repeal of the former Act to be taken to hold 24 a prescribed position in the management structure of a mining or 25 quarrying operation under this Act. Division 6 References 26 27 11 References to former Act 28 On and from the commencement of this clause, a reference in any 29 other Act, in any instrument made under another Act, or in any 30 document of any kind, to the former Act is to be read as a reference 31 to this Act. Page 96

Mine Health and Safety Bill 2002 Savings, transitional and other provisions Schedule 4 Division 7 Notification of events 1 2 12 Place of accident or occurrence not to be disturbed 3 Division 4 of Part 4 of the former Act continues to apply for 3 days 4 after the repeal of the former Act as if it had not been repealed. 5 13 Notification of certain events and other matters 6 Part 7 extends to an event that occurred in the 2 days immediately 7 before the commencement of the Part. Division 8 Boards of Inquiry 8 9 14 Boards of Inquiry continue 10 A Board of Inquiry constituted under the former Act and active 11 immediately before the repeal of the former Act continues under this 12 Act as if it were constituted under this Act and may continue any 13 special inquiry under that Act as if the Act had not been repealed. In 14 particular, section 47L of the former Act continues to apply to such 15 a special inquiry as if it had not been repealed. Division 9 Office holders 16 17 15 Site check inspectors 18 A person who held office under the former Act as a check inspector 19 or employee representative for a mine immediately before the repeal 20 of the former Act is taken to have been appointed as a site check 21 inspector under this Act for the mining or quarrying operation that 22 includes that mine. The person's appointment as a site check 23 inspector under this Act is taken to have commenced when the 24 person was elected to the office concerned under the former Act. Page 97

Mine Health and Safety Bill 2002 Schedule 4 Savings, transitional and other provisions Division 10 Miscellaneous 1 2 16 Operation of Part 3 The operation of this Part is subject to the regulations. Page 98

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