New South Wales Consolidated Acts

COAL INDUSTRY ACT 2001 - SECT 3

3 Definitions

In this Act:
"approved company" means a company approved under section 9.
"assets" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.
"Brigade" means the Mines Rescue Brigade established by this Act.
"CFMEU" means the Construction Forestry Mining and Energy Union registered under the Workplace Relations Act 1996 of the Commonwealth or any body succeeding or replacing that body.
"coal" includes oil shale and kerosene shale, but does not include peat.
"Corporations Act" means the Corporations Act 2001 of the Commonwealth.
"dissolution date" means the date on which section 4 (1) of the Coal Industry Repeal Act 2001 of the Commonwealth commences.
"emergency" means an emergency due to an actual or imminent occurrence (such as fire, explosion, accident or flooding) that has resulted in the death of, or injury to, a person or is endangering or is threatening to endanger the life or physical well-being of a person.
"exercise" a function includes perform a duty.
"former members of the JCB staff" means the members of staff of the Joint Coal Board immediately before the dissolution of that Board.
"former 1994 Act" means the Mines Rescue Act 1994 .
"function" includes a power, authority or duty.
"inspector" means an employee of an approved company appointed as an inspector as referred to in section 25.
"Joint Coal Board" means the body corporate constituted in pursuance of the Coal Industry Act 1946 and the Coal Industry Act 1946 of the Commonwealth.
"liabilities" means all liabilities, debts and obligations (whether present or future and whether vested or contingent).
"mine" means any pit or other place where mining is carried on or which is being developed for mining to be carried on, and includes a quarry and a salt-pan (whether occurring naturally or created artificially) and also includes any place, located at or in the vicinity of the mine, where material extracted from the mine is processed.
"Minerals Council" means the New South Wales Minerals Council Limited (ACN 002 500 316).
"Mines Rescue Board" means the corporation constituted by the former 1994 Act.
"mines rescue company" means the company for the time being approved under section 9 to exercise the functions referred to in section 10 (1) (k) (that is, functions under Division 3 of Part 3 and Part 4).
"mining" means extracting material from land for the purpose of recovering coal or other minerals from the material or of rehabilitating land from which any such material has been extracted, and includes the following:

(a) loading, conveying and unloading any such material,

(b) operating a coal preparation plant,

(c) quarrying.

(a) if the mine is being worked by a person who is a liquidator, provisional liquidator, administrator, controller or other person authorised by law to carry on the business of working the mine-that person, or

(b) if the mine belongs to, or is held in trust for, the Crown or a statutory authority-the Crown or that statutory authority, or

(c) if the mine is being worked by a contractor-that contractor,

(d) merely receives a royalty or rent from the mine, or

(e) is merely the owner or lessee of the mine, subject to a lease, grant or licence to, or contract with, another person to work it, or

(f) is merely the owner of the soil in the mine,