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Mine Health and Safety Bill 2004
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
This Bill is about the health, safety and welfare of people who work at mines
(other than coal operations within the meaning of the Coal Mine Health and
Safety Act 2002). The Occupational Health and Safety Act 2000 (the OH&S Act
is the main Act that deals with the health, safety and welfare of people at work
and covers people at work at a mine. This Bill puts in place special additional
obligations, protections and procedures necessary for the control of particular
risks arising from work at a mine. The obligations, protections and procedures
in the Occupational Health and Safety Act 2000 will continue to apply to mines.This Bill also contains a number of amendments to the Coal Mine Health and
Safety Act 2002 to clarify the operation of that Act and to make it consistent with
the provisions of the proposed Act.
Outline of provisions
Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.Clause 2 provides for the commencement of the proposed Act on a day or days
to be appointed by proclamation.Clause 3 defines terms used in the proposed Act.
Clause 4 clarifies that a person is at work for the purposes of the proposed Act
when the person is at a mine.Clause 5 makes it clear that risks arising out of the activities of persons at work
include risks attributable to the manner of conducting an undertaking, the plant
or substances used for the purposes of an undertaking or the condition of
premises used for the purposes of an undertaking.Part 2 Application of Act
Clause 6 specifies the places of work (called mines in the proposed Act) to
which the proposed Act applies.Clause 7 provides for the regulations to exclude a mine or place from the
operation of the proposed Act and for the Minister to specify (by notice
published in the Gazette) mines or places to which the proposed Act does not
apply.Clause 8 provides that, if any question arises, otherwise than in proceedings
before a court, as to whether a mine or other place is a mine or place to which
the proposed Act applies, the question is to be referred to the Minister, whose
decision on the question is final and binding on any court in proceedings arising
under the proposed Act or the OH&S Act. This provision is based on section 76
of the Mines Inspection Act 1901 (which is to be repealed by the proposed Act).Clause 9 provides that the proposed Act does not apply to coal mines.
Clause 10 provides that the proposed Act does not apply to railway operations.
Clause 11 provides that the proposed Act does not apply to civil engineering
works.Clause 12 provides that the proposed Act does not apply to any part of a mine
used for the purpose only of manufacturing bricks, tiles, pottery, earthenware
pipes, terracotta, chinaware, refractory material or cement.Clause 13 provides that the proposed Act binds the Crown.
Part 3 Objects of Act
Clause 14 sets out the objects of the proposed Act.Part 4 Application of Occupational Health and
Safety Act 2000
Clause 15 provides that the proposed Act is to be read in conjunction with the
OH&S Act.Clause 16 makes it clear that the proposed Act adds to the protection provided
by the OH&S Act. The clause provides that if a provision of the OH&S Act
applies to a mine or other place to which the proposed Act applies, that provision
continues to apply, and must be observed, in addition to the proposed Act.Clause 17 provides that the OH&S Act will prevail if there is an inconsistency
between the OH&S Act and the proposed Act.Clause 18 makes it clear that compliance with the proposed Act is not in itself a
defence in any proceedings for an offence against the OH&S Act.Clause 19 provides that evidence of a relevant contravention of the proposed
Act is admissible in any proceedings for an offence against the OH&S Act.Clause 20 prevents a person being punished twice in respect of an act or
omission that constitutes an offence under both the proposed Act and the
OH&S Act.Clause 21 makes it clear that documents or plans that by virtue of the proposed
Act are required to be kept at a mine are taken to be documents that directly
affect the occupational health and safety of employees within the meaning of
section 81 of the OH&S Act.Part 5 Duties relating to health, safety and welfare
at mines
Division 1 Duties of mine holders
Clause 22 imposes a duty on a mine holder to nominate a person who is the
employer with the day to day control of a mine as the operator of the mine. A
mine holder must not undertake any work, or allow any other person to
undertake any work directly related to mining at the mine unless the nomination
has been made. The nomination is to be made in writing to the Chief Inspector,
who may reject it. Many of the significant obligations imposed under the
proposed Act are imposed on the operator of a mine.Clause 23 provides for the Chief Inspector to declare a person to be the operator
of a mine.Clause 24 requires a mine holder to provide an operator with all information
available to the mine holder that may reasonably be relevant to the development
and implementation of a mine safety management plan for the mine.Clause 25 sets out the maximum penalty for offences against the proposed
Division.Division 2 Duties of operators of mines
Subdivision 1 General duty
Clause 26 requires the operator of a mine to ensure that all persons working at
the mine (including managers and supervisors) have the necessary skills,
competence and resources to undertake their work safely and to ensure the safety
of others.Subdivision 2 Mine safety management plans
Clause 27 imposes a duty on the operator of a mine to prepare a mine safety
management plan in accordance with the proposed Act and the regulations,
stating how the health and safety of the persons who work at the mine, or who
are directly affected by the mine, will be protected.Clause 28 requires the operator of a mine to ensure that work directly related to
mining is not carried out at the mine unless a mine safety management plan that
complies with the proposed Act and the regulations has been implemented for
the mine.Clause 29 requires an operator to ensure compliance with the mine safety
management plan.Clause 30 specifies the contents of a mine safety management plan.
Clause 31 requires the persons who work at a mine to be consulted during the
preparation of the mine safety management plan.Clause 32 requires the operator of a mine to communicate the mine safety
management plan, or a summary of the plan, to the persons working at the mine,
to regularly review the plan and to ensure that no contractor starts work at the
mine without having been provided with a copy of, or access to, the mine safety
management plan.Clause 33 requires a copy of the mine safety management plan for a mine to be
kept at the mine and be made available for inspection by a government official,
a site check inspector, an authorised representative or a worker.Clause 34 requires a person who ceases to be the operator of a mine to return to
the mine holder any information provided to the person or obtained by the person
in the course of exercising prescribed functions.Subdivision 3 Management structure
Clause 35 requires the operator of a mine to prepare a management structure of
the mine, which nominates persons within it by position and outlines their areas
of responsibility and accountability.Clause 36 requires the operator of a mine to keep a register of the names of
persons occupying positions in the management structure of the mine.Subdivision 4 Duties regarding contractors
Clause 37 requires the operator of a mine to prepare a contractor management
plan stating how the risks arising from the use of contractors at the mine will be
managed.Clause 38 requires the contents of a contractor management plan to comply with
the regulations.Clause 39 requires the operator of a mine to consult with any contractor
proposing to work at the mine for the purpose of ensuring that the contractor is
familiar with the relevant parts of the mine safety management plan and that the
contractor’s arrangements for safety management are consistent with the mine
safety management plan for the mine.Clause 40 specifies the duties of an operator regarding contractors.
Subdivision 5 Emergency management
Clause 41 defines an emergency as existing at a mine when a situation is not
controlled by the mine safety management plan for the mine and there is a threat
to the life or physical well-being of persons at or outside the mine.Clause 42 imposes a duty on the operator of a mine to ensure that an emergency
plan is prepared for the mine.Clause 43 requires the operator of a mine to ensure that work is not carried out
at the mine unless an emergency plan is implemented for the mine.Clause 44 describes the contents of an emergency plan, which must include an
up-to-date plan of the mine.Clause 45 provides for the review of an emergency plan after an emergency and
whenever the mine safety management plan for the mine is reviewed.Subdivision 6 Keeping of records and reporting
Clause 46 requires the operator of a mine to keep the records concerning health
and safety that are required by the proposed Act or the regulations.Clause 47 requires the operator to make reports concerning health and safety as
required by the regulations.Subdivision 7 Penalties
Clause 48 sets out the maximum penalty for offences against the proposed
Division.Subdivision 8 Saving of certain notices and directions
Clause 49 provides that if a notice or direction is given under the proposed Act
to a person as the operator of a mine and that person is replaced as operator by
another person, any notice or direction is taken to have been given to the new
operator.Division 3 Duties and rights of employees
Clause 50 requires an employee who works at a mine to comply with the mine
safety management plan and imposes other duties. An employee is required to
immediately report to a supervisor any situation that he or she believes could
present a risk to health and safety that is not within the employee’s competence
to control.Clause 51 provides that every employee has a right to remove himself or herself
from any location at the mine when circumstances arise that appear to the
employee, with reasonable justification, to pose a serious danger to his or her
own health, safety or welfare.Clause 52 protects employees from being unlawfully dismissed or victimised.
The clause makes it an offence for an employer of any person who works at a
mine to dismiss an employee, injure an employee in his or her employment or
alter an employee’s position to his or her detriment because the employee
participates in a consultation process required by or under the proposed Act,
exercises rights under the proposed Act, reports a notifiable incident, is a site
check inspector or for certain other reasons.Clause 53 makes it clear that the proposed Division applies to employees of a
contractor who work at a mine.Division 4 Duties of persons in management positions
Clause 54 requires a person who holds a management position at a mine to
comply with the mine safety management plan for the mine.Clause 55 requires a person who holds a management position at a mine to
inform the operator of the mine if he or she is aware that the conduct of the mine
does not conform with the OH&S Act or the proposed Act or the regulations
under either Act.Clause 56 sets out further obligations on those who hold management positions,
including to ensure that the workplace and work methods for which he or she is
responsible are safe.Clause 57 sets out the maximum penalty for offences against the proposed
Division.Division 5 Duties of supervisors
Clause 58 requires a supervisor at a mine to comply with the mine safety
management plan for the mine.Clause 59 requires a supervisor at a mine to inform the operator if he or she is
aware that the conduct of the mine does not conform with the OH&S Act or the
proposed Act or the regulations under either Act.Clause 60 imposes further obligations on a supervisor at a mine.
Clause 61 sets out the maximum penalty for offences against the proposed
Division.Division 6 Duties of and in relation to contractors
Clause 62 requires a contractor to comply with the mine safety management
plan for the mine.Clause 63 gives a contractor the option to prepare a safety management plan.
Clause 64 requires a contractor to prepare a safe work method statement.
Clause 65 requires a contractor to ensure that work is carried out in accordance
with the safe work method statement.Clause 66 specifies a contractor’s duties regarding subcontractors.
Clause 67 sets out the maximum penalty for offences against the proposed
Division.Division 7 Duty to give notice
Clause 68 imposes a duty on a person not to commence drilling operations
unless the Chief Inspector has been given notice of the operations.Clause 69 allows for the regulations to require a person, or persons of a
specified class, to give notice of the commencement or discontinuation of
prescribed operations or activities at a mine.Clause 70 sets out the maximum penalty for offences against the proposed
Division.Division 8 General
Clause 71 makes it clear that a person can have more than one duty under the
proposed Part.Clause 72 provides that compliance with the regulations is not in itself a defence
in any proceedings for an offence against the proposed Part but that a relevant
contravention of the regulations is admissible in evidence in any proceedings for
an offence against the proposed Part.Clause 73 deals with multiple contraventions of general duties under the
proposed Part. It provides that contraventions of 2 or more provisions of the
proposed Part that arise out of the same factual circumstances may be charged
as a single offence or as separate offences but that contraventions of 2 or more
provisions may not be charged as a single offence.Clause 74 makes it clear that nothing in the proposed Part confers a right of
action in any civil proceedings in respect of any contravention of any provision
of the proposed Part and that nothing in the proposed Part confers a defence to
an action in any civil proceedings or otherwise affects a right of action in any
civil proceedings.Part 6 Miscellaneous matters concerning mines
Division 1 Mine plans
Clause 75 provides for the making of regulations concerning mine plans.Division 2 Hours of work
Clause 76 limits the hours that a person can work underground in a mine.Clause 77 provides for the Chief Inspector to direct the operator of a mine to
limit working hours or to alter associated working arrangements.Clause 78 provides for the regulations to make provision concerning the hours
of work of persons working at mines.Clause 79 requires shift roster regimes to be prominently displayed at a mine.
Clause 80 requires the operator of a mine to keep records of the hours worked
underground by each employee at the mine.Clause 81 sets out the maximum penalty for offences against the proposed
Division.Clause 82 creates a defence to offences against the proposed Division.
Division 3 Tourist and educational activities
Clause 83 defines terms used in the proposed Division.Clause 84 provides that tourist activities must not be conducted in or about a
mine without a permit. The clause also provides that a mine must not be used
principally for educational purposes without a permit.Clause 85 provides for the issue of permits authorising tourist activities or the
use of the mine principally for educational purposes or both.Clause 86 provides for the revocation or variation of such permits.
Clause 87 provides that the Crown, the Minister and officers of the Department
of Mineral Resources are not liable for any claim arising out of anything done or
omitted to be done pursuant to, or as a consequence of, the permit.Part 7 Notification of incidents
Division 1 Notification of certain incidents
Clause 88 requires the operator of a mine to give the Chief Inspector notice of
certain notifiable incidents, namely any incident that has resulted in a person
being killed or any incident or other matter that the regulations declare to be
required to be notified.Clause 89 ensures the non-disturbance of plant involved in a notifiable incident.
If such an incident has occurred at a mine, the operator must ensure that plant at
the mine is not used, moved or interfered with after it has been involved in a
notifiable incident, and that the area surrounding the place of the notifiable
incident is not disturbed, for 24 hours.Clause 90 requires the keeping of records of notifications under the proposed
Division.Clause 91 sets out the maximum penalty for offences against the proposed
Division.Division 2 Health and safety
Clause 92 requires the operator of a mine to keep records of medical and first
aid treatment.Clause 93 prevents an operator from providing a financial benefit or incentive
to a person to discourage reporting of a health or safety matter.Clause 94 sets out the maximum penalty for offences against the proposed
Division.Division 3 Inquiries
Clause 95 provides for the constitution of a Board of Inquiry to conduct a
special inquiry into any event causing death or serious injury, any dangerous
occurrence, certain practices at a mine or any matters relating to the safety,
health, conduct or discipline of persons at or in relation to a mine.Clause 96 makes provision regarding witnesses and evidence at special
inquiries.Clause 97 provides for a Board of Inquiry to prepare a report.
Clause 98 provides that no appeal lies from any decision or determination of a
Board of Inquiry on a special inquiry.Clause 99 sets out the maximum penalty for offences against the proposed
Division.Part 8 Stop work orders
Clause 100 provides that if the Minister is of the opinion that any action is
being, or is about to be, carried out by any person at a mine or other place that
involves, or is likely to result in, a serious breach of a provision of the
OH&S Act or the proposed Act, the Minister may order the person to cease that
action and that no action, other than any specified action, is to be carried out in
or in the vicinity of the place, or a specified part of the place, for a period not
exceeding 28 days.Clause 101 makes it clear that the Minister is not required to notify any affected
person before making a stop work order.Clause 102 provides for the Minister to extend the duration of a stop work order.
Clause 103 requires consultation about the modification of proposed
detrimental action to avoid the need for a stop work order.Clause 104 provides that a stop work order prevails over any approval, notice,
order or other instrument made or issued under the OH&S Act or under any other
Act that requires or permits the work.Clause 105 provides for the Minister to enforce a stop work order by carrying
out work for the purpose of stopping the work specified in the order and provides
for the Minister to recover any costs or expenses incurred in doing so.Clause 106 makes it an offence to fail to comply with a requirement imposed by
a stop work order.Part 9 Competence standards
Division 1 Key obligations
Clause 107 provides for the regulations to specify functions to which the
proposed Part applies and to specify, or authorise the Board to determine, what
is sufficient evidence of competence to perform those functions.Clause 108 provides that the operator of a mine must not employ a person at the
mine to perform a specified function unless the person holds specified evidence
of competence to perform that function. The operator must not permit a specified
function to be performed by a person who does not hold specified evidence of
competence.Clause 109 provides that a contractor must not employ a person at a mine to
perform a specified function unless the person holds specified evidence of
competence to perform that function.Clause 110 provides that a person at a mine must not perform a specified
function unless the person holds specified evidence of competence to perform
that function.Clause 111 sets out the maximum penalty for offences against the proposed
Division.Division 2 Metalliferous Mines and Extractive Industries
Competence Board
Clause 112 constitutes the Metalliferous Mines and Extractive Industries
Competence Board.Clause 113 provides that the Board is subject to Ministerial control and
direction.Clause 114 sets out the membership of the Board.
Clause 115 provides that the regulations may make provision for the procedure
of the Board.Division 3 Functions of Board
Clause 116 sets out some of the functions of the Board. These include to oversee
the development of competence standards for persons performing functions at
mines that may impact on health and safety, to undertake initial and ongoing
assessments of the competence of persons and to advise the Minister on certain
matters.Clause 117 requires the Board to prepare an annual report.
Division 4 Certificates of competence
Clause 118 provides for the Minister to grant certificates of competence to
perform specified functions.Clause 119 provides for the making of regulations concerning competence
standards and certificates of competence.Clause 120 provides for the making of Ministerial orders concerning
competence standards and certificates of competence.Division 5 Offences
Clause 121 makes it an offence to use another person’s certificate of
competence, lend a certificate of competence or allow it to be used by another
person.Clause 122 makes it an offence to forge a certificate of competence or to possess
a forged certificate.Clause 123 makes it an offence to make false or misleading statements in
relation to the grant of any certificate of competence, the issue of a duplicate
certificate, the restoration of a certificate of competence or for the purpose of
obtaining employment at a mine to perform functions for which a certificate is
required.Clause 124 makes it an offence for a person whose competence has been
declared as not recognised to continue to perform functions for which that
competence was required.Clause 125 sets out the maximum penalty for offences against the proposed
Division.Part 10 Oversight of mines
Division 1 Outline of this Part
Clause 126 outlines the proposed Part which provides for the appointment,
functions and powers of government officials (namely, the Chief Inspector,
inspectors, mine safety officers and investigators) as well as persons to carry out
inspections as representatives of the workforce at mines (namely, site check
inspectors).Division 2 Inspections by government officials
Subdivision 1 Appointment of government officials
Clause 127 provides for the appointment of public servants as the Chief
Inspector and as inspectors, mine safety officers and investigators.Clause 128 specifies the qualifications of inspectors.
Clause 129 provides for the appointment of consultants as investigators.
Subdivision 2 Functions of government officials
Clause 130 specifies the functions of the Chief Inspector.Clause 131 requires a government official to bring certain concerns regarding
the health, safety or welfare at work of persons at the mine to the attention of the
most senior person at the mine.Clause 132 requires a government official to consider any complaint made to
the official by a site check inspector for a mine, being a complaint concerning
the health, safety or welfare at work of persons who work at the mine. A
government official may investigate a complaint and is required to report to the
site check inspector who made the complaint as to the results of the official’s
consideration or investigation of the complaint.Clause 133 provides for a government official to audit and review the mine
safety management plan for a mine.Clause 134 provides for a government official to provide advice to the Chief
Inspector on matters relating to the health, safety and welfare of persons at work
at mines and to make reports on incidents or other matters at mines.Subdivision 3 Powers of government officials
Clause 135 empowers a government official to enter any mine at any time.Clause 136 empowers a government official to cross private land to gain entry
to a mine.Clause 137 provides that a government official may require the operator of a
mine to provide the government official with a plan of the mine marked with
information that the government official considers necessary for an investigation
or inquiry.Division 3 Inspections on behalf of work force
Subdivision 1 Site check inspectors
Clause 138 provides for the election of site check inspectors for the purpose of
enabling inspections to be carried out at a mine on behalf of the persons at work
at the mine.Clause 139 provides that an election of a site check inspector for a mine must be
held if one or more positions are vacant and an employee requests in writing that
an election be held or the Chief Inspector directs that an election be held.Clause 140 provides for the conduct of elections of site check inspectors.
Clause 141 provides that a site check inspector for a mine holds office for
2 years.Clause 142 sets out when a site check inspector ceases to hold office and sets
out notification requirements.Clause 143 requires a person elected as a site check inspector to notify the
operator of the mine of his or her election and contact details.Clause 144 lists the functions of a site check inspector, which include to keep
under review the measures taken to ensure the health, safety and welfare of
persons at the mine, including procedures to control risks, and to investigate any
matter that may be a risk to health and safety at the mine.Clause 145 provides for the training of site check inspectors in matters of
occupational health and safety.Clause 146 sets out the duties of operators in relation to site check inspectors.
Clause 147 sets out the duties of contractors in relation to site check inspectors.
Clause 148 requires the operator of a mine and all other persons at the mine to
afford every facility and assistance to a site check inspector for the purposes of
an inspection of the mine by a site check inspector.Clause 149 provides for the making of reports by site check inspectors.
Subdivision 2 Inspections on behalf of work force
Clause 150 makes provision for inspections by site check inspectors on behalf
of the work force.Clause 151 provides that, for the purposes of an inspection, a site check
inspector may be accompanied by the operator or a representative of the
operator.Clause 152 provides that a site check inspector must not leave his or her place
of work for the purposes of exercising functions as a site check inspector under
the proposed Division unless he or she has given notice to the operator or a
supervisor.Clause 153 empowers a site check inspector or an authorised representative to
cross land to gain entry to a mine.Division 4 Offences
Clause 154 makes it an offence to fail to comply with a requirement made by a
government official.Clause 155 makes it an offence to obstruct a site check inspector in the exercise
of his or her functions.Clause 156 makes it an offence to wilfully interfere with a site check inspector
or a government official in the exercise of functions under the proposed Act.Clause 157 makes it an offence to impersonate a site check inspector or a
government official.Part 11 Mining industry codes of practice
Clause 158 specifies that the purpose of a mining industry code of practice is to
provide practical guidance to operators, employers and others who have duties
under Part 5 of the proposed Act or Part 2 of the OH&S Act with respect to
occupational health, safety and welfare at mines.Clause 159 provides that the Minister may prepare, or cause to be prepared,
draft mining industry codes of practice.Clause 160 requires the Minister to arrange consultation about a draft mining
industry code of practice.Clause 161 provides for the Minister to approve a mining industry code of
practice.Clause 162 provides for the publication of an approved mining industry code of
practice in the Gazette, specifies when a code takes effect and provides that a
copy of each approved code must be made available for public inspection
without charge.Clause 163 provides for the amendment or revocation of an approved mining
industry code of practice.Clause 164 provides that in any proceedings for an offence against the proposed
Act or against the OH&S Act or the regulations under either Act, an approved
mining industry code of practice that is relevant to any matter that it is necessary
for the prosecution to prove to establish the commission of the offence by a
person is admissible in evidence in those proceedings. The person’s failure to
observe the code at any material time is evidence of the matter to be established
in those proceedings. A person is not liable to any civil or criminal proceedings
by reason only that the person has failed to observe an approved mining industry
code of practice.Part 12 Regulations
Clause 165 empowers the Governor to make regulations under the proposed
Act.Clause 166 lists specific matters that the regulations may deal with.
Clause 167 enables the regulations to prescribe decisions that are to be
reviewable by the Administrative Decisions Tribunal.Clause 168 provides for the regulations to adapt the provisions of Part 5.
Clause 169 provides for the regulations to modify the application of Part 5 of the
proposed Act to contractors.Clause 170 provides for the regulations to apply, adopt or incorporate any
publication as in force at a particular time or from time to time.Clause 171 provides for the regulations to create offences.
Clause 172 provides for the regulations to create exemptions from obligations
created by the regulations or from certain requirements of the proposed Act.Clause 173 provides for the regulations to modify obligations regarding
consultation required by the proposed Act.Part 13 Miscellaneous
Division 1 Enforcement
Clause 174 imposes liability on directors of corporations, and those concerned
in the management of corporations, for certain contraventions by corporations.Clause 175 makes it an offence for a person to aid, abet, counsel, procure or to
be directly or indirectly concerned in the commission of an offence against the
proposed Act.Clause 176 provides that it is a defence to any proceedings against a person for
an offence under the proposed Act if the person proves that it was not reasonably
practicable for the person to comply with the provision, or that the commission
of the offence was due to causes over which the person had no control and
against the happening of which it was impracticable for the person to make
provision.Clause 177 provides that it is not a defence to an action in any criminal
proceedings that a given course of action was not objected to by the Chief
Inspector or the Department, even if the proposed Act gives the Chief Inspector
or the Department an opportunity to object to that course of action.Division 2 Information
Clause 178 protects information obtained in connection with the administration
and execution of the proposed Act from disclosure except in specified
circumstances.Clause 179 prohibits the making of false or misleading statements in purported
compliance with the proposed Act.Clause 180 specifies when a person has a defence to a charge under the
proposed Division.Division 3 Exercise and delegation of functions
Clause 181 provides that the Chief Inspector is subject to Ministerial control
and direction.Clause 182 provides for the delegation of functions by the Minister to the
Director-General or the Board.Clause 183 provides for the delegation of functions by the Chief Inspector.
Clause 184 provides for the delegation of functions by the Director-General.
Division 4 Service of documents
Clause 185 provides for the service of documents under the proposed Act.Clause 186 provides for the supply of documents and other things to the
operator of a mine.Clause 187 provides for the supply of documents and other things to the Chief
Inspector.Division 5 Fees
Clause 188 provides for the Minister to determine certain fees and charges.Division 6 Liability
Clause 189 protects certain persons from liability in relation to things done or
omitted in good faith for the purpose of executing any provision of the proposed
Act.Clause 190 makes it clear that nothing in the proposed Act imposes an
obligation on a person to exercise any power because the person is a site check
inspector.Division 7 Repeals and amendments
Clause 191 repeals the Mines Inspection Act 1901 and certain other legislation.Clause 192 gives effect to the amendments to the Mining Act 1992 in
Schedule 1.Clause 193 gives effect to the amendments to the Occupational Health and
Safety Act 2000 in Schedule 2.Clause 194 gives effect to the amendments to the Coal Mine Health and Safety
Act 2002 in Schedule 3.Clause 195 gives effect to the amendments, required as a consequence of the
enactment of the proposed Act, to the legislation set out in Schedule 4.Division 8 General
Clause 196 gives effect to the savings and transitional provisions set out in
Schedule 5.Clause 197 provides for Ministerial review of the proposed Act.
Schedule 1 Amendment of Mining Act 1992
Schedule 1 [1] amends the Mining Act 1992 to provide for the lodgment of a
single security deposit over all mining leases within a colliery holding or mine
holding. (At present, a single security deposit is only acceptable where all leases
are held by the same holder).Schedule 1 [2] deals with the registration of certain colliery holdings. It provides
that land subject to a mining lease for coal must be registered as a colliery
holding or part of an existing colliery holding prior to the leaseholder
commencing mining operations under the lease. It also provides that a person
who has a right on any land to carry out mining purposes in connection with the
mining of coal may apply to have the land registered as a colliery holding or
recorded on the register as part of an existing colliery holding. A person with
such an interest in a colliery holding may apply to have the registration cancelled
or amended.Schedule 1 [3] and [4] are consequential amendments.
Schedule 1 [5] provides for the registration of mine holdings under the Mining
Act 1992.Schedule 2 Amendment of Occupational Health and
Safety Act 2000
Schedule 2 amends the Occupational Health and Safety Act 2000 (as proposed
to be amended by the Mining Legislation Amendment (Health and Safety)
Act 2002 and the Coal Mine Health and Safety Act 2002) as a consequence of
the enactment of the proposed Act and for other purposes.Schedule 2 [1] omits the Mines Inspection Act 1901 from the list of associated
occupational health and safety legislation. It is not necessary to include the
proposed Mine Health and Safety Act 2004 in that list because of the operation
of Part 4 of the proposed Act.Schedule 2 [2] omits the definition of mine.
Schedule 2 [3] inserts the definition of mining workplace, which means a place
of work that is a mine within the meaning of the proposed Act or a place of work
at which activities under the Petroleum (Onshore) Act 1991 or the Petroleum
(Submerged Lands) Act 1982 are carried out.Schedule 2 [4] and [15] replace references to mines with references to mining
workplaces.Schedule 2 [5] amends section 17 of the OH&S Act, which deals with the
establishment of OHS committees and the election of OHS representatives. The
amendment provides that, in relation to a place of work that is a mine, a site
check inspector for the mine must be a member of any OHS committee for that
place of work.Schedule 2 [6] removes mining workplaces from the jurisdiction of inspectors
appointed under proposed section 47 (2) of the OH&S Act.Schedule 2 [7] provides that a person appointed as a government official under
the proposed Act is taken to have been appointed as an inspector for the purposes
of the OH&S Act and the regulations made under it. Such a person is only
authorised to exercise functions under the OH&S Act in relation to a mining
workplace, but may exercise certain functions in relation to certain other places.Schedule 2 [8]–[10] provide for the identification of people taken to have been
appointed as inspectors.Schedule 2 [11] updates a reference to the Act proposed to be repealed by the
proposed Act.Schedule 2 [12] amends a provision that empowers employees’ representatives
to accompany inspectors by providing that in the case of a place of work that is
a mine, the representative of the employees should, to the extent practicable, be
a site check inspector elected under the proposed Act for that mine.Schedule 2 [13] provides for the continuation of certain actions by inspectors.
Schedule 2 [14] amends provisions empowering an employees’ representative
to investigate suspected breaches of certain legislation so as to include suspected
breaches of the proposed Act.Schedule 2 [16]–[20] provide for the prosecution of offences under the proposed
Act.Schedule 2 [21] and [22] make consequential amendments.
Schedule 3 Amendment of Coal Mine Health and Safety
Act 2002
Most of the amendments to the Coal Mine Health and Safety Act 2002 (referred
to in this Schedule as the Principal Act), especially in relation to definitions
provisions relating to the operation of the Act, are made for the purpose of
bringing the Principal Act, when it commences, into line with the provisions of
the proposed Mine Health and Safety Act 2004 and the OH&S Act.Schedule 3 [1] inserts a definition of abandoned coal operation.
Schedule 3 [2] inserts a revised definition of coal exploration site.
Schedule 3 [3] amends the definition of mine to include activities prescribed by
the regulations.Schedule 3 [4]–[6] amend the definition of operator to make it clear that a
nomination has effect only if it is not rejected by the Chief Inspector.Schedule 3 [7] amends the definition of previous offender to include in that term
persons who have been convicted of an offence against the Mines Inspection
Act 1901 or the proposed Act.Schedule 3 [8] and [9] make it clear when a person (and not just an employee)
is taken to be at work for the purposes of the Principal Act.Schedule 3 [10] provides for the regulations, or Ministerial notice published in
the Gazette, to exclude places from the operation of the Principal Act.Schedule 3 [11] and [12] clarify the relationship between the Principal Act and
the OH&S Act.Schedule 3 [13] makes it clear that the failure by the operator of a coal operation
to comply with a provision of the Principal Act does not affect any liability of an
employer or other person under the Principal Act or the OH&S Act.Schedule 3 [14] brings a provision dealing with the prevalence of the OH&S Act
into line with the corresponding provision of the proposed Act.Schedule 3 [15] makes it clear that documents or plans required to be kept at a
coal operation by virtue of the Principal Act are taken to be documents directly
affecting the occupational health and safety of employees.Schedule 3 [16]–[20] clarify the duty of a colliery holder to nominate the
operator of a coal operation.Schedule 3 [21] makes it clear when an operator is not required to prepare a
management plan for a mine.Schedule 3 [22] modifies the definition of emergency in relation to provisions
dealing with emergency management systems.Schedule 3 [23] and [24] provide that if a waiting period is prescribed by the
regulations in relation to the commencement of when a high risk activity, the
period may be varied by the Chief Inspector in a particular case.Schedule 3 [25] makes the provision dealing with the unlawful dismissal or
victimisation of employees consistent with the OH&S Act and the proposed Act.Schedule 3 [26] provides that if notice has been given of drilling operations on
particular land, no further notice is required if other related drilling operations
are later commenced on that land.Schedule 3 [27] substitutes the definition of drilling operation to make it
consistent with the proposed Act.Schedule 3 [28] omits a provision dealing with alternative verdicts in relation to
offences under the Principal Act and the OH&S Act.Schedule 3 [29] substitutes provisions concerning permits for tourist or
educational activities in coal mines.Schedule 3 [30]–[42] clarify and modify provisions relating to the operation and
enforcement of stop work orders under the Principal Act.Schedule 3 [43] extends the obligation of a government official to bring
concerns regarding health, safety or welfare to the attention of senior
management so that it applies whenever the official is exercising his or her
powers.Schedule 3 [44] inserts a note relating to the powers of government officials
under the OH&S Act.Schedule 3 [45] omits a redundant provision relating to the appointment of
inspectors.Schedule 3 [46] makes it clear that the powers of entry of a government official
extend to any place to which the Principal Act applies.Schedule 3 [47]–[49] make it clear that a site check inspector, and his or her
union, have the right to make submissions to the Chief Inspector concerning any
application to disqualify the site check inspector. The amendments also make it
clear that the Chief Inspector must investigate a relevant matter prior to
imposing any disqualification.Schedule 3 [50] corrects references in relation to OHS committees.
Schedule 3 [51] and [52] remove references to discontinued mines, and former
mines, which will be referred to as “abandoned mines” in the Principal Act.Schedule 3 [53] provides for the making of regulations for or with respect to the
consumption of alcohol or other drugs by those who visit mines or abandoned
mines under the authority of a permit for tourist or educational activities.Schedule 3 [54] provides for the making of regulations for or with respect to
regulating or preventing the provision of any financial benefit or financial
incentive to a person for the purpose of discouraging that person from reporting
a health or safety matter.Schedule 3 [55] and [56] bring certain provisions of the Principal Act into line
with similar provisions of the OH&S Act.Schedule 3 [57] omits a provision enabling the Minister to exercise the functions
of the Chief Inspector.Schedule 3 [58] makes it clear that the provision relating to protection from
personal liability applies only in relation to things done (or omitted to be done)
in the execution of the Principal Act (and not any other Act).Schedule 3 [59] makes a consequential amendment.
Schedule 3 [60] and [61] omit uncommenced amendments to the OH&S Act
concerning the establishment of OHS committees and alternative verdicts.Schedule 3 [62] and [63] insert additional amendments to the OH&S Act that
follow similar amendments made to that Act by Schedule 2 to the proposed Act.Schedule 3 [64] adds to an amendment to the Dams Safety Act 1978 so as to
remove redundant words.Schedule 3 [65] adds an amendment to the Defamation Act 1974 to extend
protection from defamation to reports to and by the Chief Inspector under the
Principal Act.Schedule 3 [66] omits an uncommenced amendment to the Mining Act 1992.
Schedule 3 [67] substitutes uncommenced amendments to the workers
compensation legislation so as to maintain the status quo in relation to the
application of the workers compensation legislation to coal miners.Schedule 3 [68]–[70] modify the savings and transitional provisions contained
in the Principal Act to bring them into line with similar provisions in the
proposed Act.Schedule 4 Amendment of other legislation
Schedule 4 makes consequential amendments to other legislation.Schedule 5 Savings, transitional and other provisions
Schedule 5 makes savings and transitional provisions consequent on the
enactment of the proposed Act.
Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.