New South Wales Consolidated Acts

COAL INDUSTRY ACT 2001 - SECT 19

19 Owners of coal mines to make contributions to fund mines rescue functions

(1) Owners of coal mines are to pay contributions to the mines rescue company to defray the costs incurred by that company in exercising its functions under section 14.

(2) The mines rescue company is to determine, in respect of each financial year of that company, the amount that an owner of a coal mine must pay, in respect of the coal mine, under this section.

(3) The mines rescue company may make different determinations under this section in respect of different coal mines, having regard to such of the following matters as are applicable to the coal mine concerned:

(a) the quantity of coal produced from the mine during the period of 12 months preceding the financial year concerned,

(b) the average number of employees employed at the mine during that period,

(c) the cost incurred during that period in meeting the expense of having employees of the mines rescue company on stand-by in respect of the mine,

(d) the cost incurred during that period in training members of the Brigade to carry out mine rescue work at the mine,

(e) an amount, quantified by the mines rescue company, representing the risk of a mining accident occurring at the mine,

(f) the cost likely to be incurred in actually responding to a call to the mines rescue company to provide rescue services at the mine.

(4) The mines rescue company may (but is not obliged to) allow the amount determined to be paid by instalments, either generally or in a particular case.

(5) The regulations may replace a determination made under this section by prescribing an amount, in respect of a particular coal mine, different from the amount determined by the mines rescue company in respect of the coal mine.

(6) Any such regulation is taken, for the purposes of this Act, to be a determination made under this section.

(7) Nothing in this section affects the liability of any person to pay any fees charged under section 22 (2).