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COAL MINE HEALTH AND SAFETY ACT 2002 - NOTES

- As at 26 June 2009 - Act 129 of 2002

Note to Part 4

The Occupational Health and Safety Act 2000 is the main Act that deals with the health, safety and welfare of people at work, including people at work at a coal operation. This Part explains how this Act fits in with the Occupational Health and Safety Act 2000. Basically, this Act creates additional protections, rights and obligations necessary because of the special risks associated with coal operations. This Part makes it clear that this Act provides for an increase in the standard of protection of people at work at coal operations and never results in lesser protection than the Occupational Health and Safety Act 2000 would otherwise provide.

Note to Part 5

Part 2 of the Occupational Health and Safety Act 2000 imposes duties relating to health, safety and welfare at work on employers and others. Those duties apply to work at coal operations.
This Part imposes extra duties.

Note to Division 1

Section 8 of the Occupational Health and Safety Act 2000 imposes duties on employers. If a colliery holder nominates himself, herself or itself as the operator of the coal operation, the colliery holder has the duties in that section as the employer of its employees and has duties in relation to other people who work at the coal operation.
Section 10 of the Occupational Health and Safety Act 2000 imposes duties on a person who has control of premises used by people as a place of work. If a colliery holder nominates a person other than himself, herself or itself as the operator of the coal operation, the colliery holder is, for the purpose of that Act, a person who has control of the premises constituted by the coal operation and so has duties under that section.
This Division imposes some extra duties on colliery holders.

Note to Division 2

Section 8 (1) of the Occupational Health and Safety Act 2000 imposes duties on employers in relation to their employees. The operator of a coal operation has those duties in relation to its employees. This Division imposes some extra duties on operators, including in relation to other people who work at the coal operation.

Note to Division 3

Sections 20 and 25 of the Occupational Health and Safety Act 2000 impose duties on employees. This Division imposes some extra duties and confers a right on employees.

Note to Division 4

Section 26 of the Occupational Health and Safety Act 2000 imposes duties on those in management positions because it provides that where a corporation contravenes a provision of the Act or the regulations, then each director and each person concerned in the management of the corporation is taken to have contravened the same provision unless they can establish a defence. This Division imposes additional duties on those in management positions.

Note to Division 6

A contractor who works at a coal operation will have obligations as an employer under section 8 of the Occupational Health and Safety Act 2000 or as a self-employed person under section 9 of that Act. This Division imposes extra duties on contractors in relation to coal operations.

Note to Subdivision 3

Section 47B of the Occupational Health and Safety Act 2000 provides that a person appointed as a government official under this Act is taken to have been appointed as an inspector for the purposes of the OH&S Act and has the powers of an inspector under that Act in relation to coal workplaces.

Note to Subdivision 3

A person cannot be appointed as an industry check inspector unless the person is also an authorised representative under the Occupational Health and Safety Act 2000 (see section 173 of this Act). Division 3 of Part 5 of the OH&S Act sets out the powers of entry and the other inspection powers of authorised representatives. This Division gives industry check inspectors additional powers.

Note to Division 1

Section 104A of the Occupational Health and Safety Act 2000 provides for offences under this Act and the regulations to be prosecuted under that Act.

Does not include amendments by:

Mining Amendment Act 2008 No 19 (not commenced)
Government Information (Public Access) (Consequential Amendments and Repeal) Act 2009 No 54 (not commenced)

Reprint history:

Reprint No 1   6 February 2007  

Historical notes

The following abbreviations are used in the Historical notes:

Am amended LW legislation website Sch Schedule
Cl clause No number Schs Schedules
Cll clauses p page Sec section
Div Division pp pages Secs sections
Divs Divisions Reg Regulation Subdiv Subdivision
GG Government Gazette Regs Regulations Subdivs Subdivisions
Ins inserted Rep repealed Subst substituted

Table of amending instruments

Coal Mine Health and Safety Act 2002 No 129. Second reading speech made: Legislative Assembly, 13.11.2002; Legislative Council, 5.12.2002. Assented to 16.12.2002. Date of commencement (Div 4 of Part 6, Sch 2.7, 2.8, 2.9, 2.10 [1] and 2.15 and cl 15 of Sch 3 excepted), 23.12.2006, sec 2 and GG No 189 of 22.12.2006, p 11542; date of commencement of Div 4 of Part 6 and cl 15 of Sch 3: not in force; Sch 2.7, 2.8, 2.10 [1] and 2.15 was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act 2008 No 62; date of commencement of Sch 2.9, 13.6.2003, sec 2 and GG No 97 of 13.6.2003, p 5623. This Act has been amended as follows:

2003 No 40 Statute Law (Miscellaneous Provisions) Act 2003. Assented to 22.7.2003.
Date of commencement of Sch 2.5, assent, sec 2 (2).
2004 No 74 Mine Health and Safety Act 2004. Assented to 28.9.2004.
Date of commencement of Sch 3 [1]-[28] [30]-[44] [46]-[52] [54]-[64] and [66]-[69], 22.12.2006, sec 2 and GG No 189 of 22.12.2006, p 11544; date of commencement of Sch 3 [29] [45] [53] [70], 1.9.2008, sec 2 and GG No 185 of 21.12.2007, p 9815; the amendment made by Sch 3 [65] was without effect as the Schedule being amended was repealed by the Statute Law (Miscellaneous Provisions) Act 2008 No 62.
2005 No 98 Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005.
Date of commencement of Sch 2.11, assent, sec 2 (2).
2006 No 58 Statute Law (Miscellaneous Provisions) Act 2006. Assented to 20.6.2006.
Date of commencement of Sch 1.3 [1]-[3] and [5], assent, sec 2 (2); date of commencement of Sch 1.3 [4], 22.12.2006, Sch 1.3 and GG No 189 of 22.12.2006, p 11544.
2007 No 27 Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007.
Date of commencement of Sch 2, assent, sec 2 (2).
2008 No 62 Statute Law (Miscellaneous Provisions) Act 2008. Assented to 1.7.2008.
Date of commencement of Sch 4, assent, sec 2 (1).

Table of amendments

Sec 3 Am 2004 No 74, Sch 3 [1]-[7]; 2007 No 27, Sch 2.10 [1].
Sec 5 Am 2004 No 74, Sch 3 [8] [9].
Sec 8 Am 2004 No 74, Sch 3 [10].
Part 4, note Am 2004 No 74, Sch 3 [11].
Sec 11 Subst 2004 No 74, Sch 3 [12].
Sec 12 Am 2004 No 74, Sch 3 [13].
Sec 13 Am 2004 No 74, Sch 3 [14].
Sec 16A Ins 2004 No 74, Sch 3 [15].
Sec 17 Am 2004 No 74, Sch 3 [16]-[20].
Sec 20 Am 2004 No 74, Sch 3 [21].
Sec 44 Am 2004 No 74, Sch 3 [22].
Sec 54 Am 2004 No 74, Sch 3 [23] [24].
Sec 61 Am 2004 No 74, Sch 3 [25].
Sec 78 Am 2003 No 40, Sch 2.5 [1]; 2004 No 74, Sch 3 [26] [27].
Sec 83 Rep 2004 No 74, Sch 3 [28].
Secs 105-109 Subst 2004 No 74, Sch 3 [29].
Sec 118 Am 2004 No 74, Sch 3 [30]-[38].
Sec 120 Am 2004 No 74, Sch 3 [39].
Sec 121 Am 2004 No 74, Sch 3 [40].
Sec 123 Am 2004 No 74, Sch 3 [41] [42].
Sec 145 Am 2003 No 40, Sch 2.5 [2].
Sec 149 Am 2006 No 58, Sch 1.3 [1].
Sec 150 Am 2004 No 74, Sch 3 [43].
Part 10, Div 2, Subdiv 3, note Ins 2004 No 74, Sch 3 [44].
Sec 154 Rep 2004 No 74, Sch 3 [45].
Sec 155 Am 2004 No 74, Sch 3 [46].
Sec 161 Am 2004 No 74, Sch 3 [47]-[49].
Secs 167, 168 Am 2004 No 74, Sch 3 [50].
Sec 171 Am 2007 No 27, Sch 2.10 [2].
Sec 185 Am 2003 No 40, Sch 2.5 [3].
Sec 193 Am 2004 No 74, Sch 3 [51]-[54]; 2006 No 58, Sch 1.3 [2]; 2007 No 27, Sch 2.10 [2].
Sec 194 Am 2007 No 27, Sch 2.10 [2].
Sec 201 Am 2006 No 58, Sch 1.3 [3].
Sec 202 Am 2004 No 74, Sch 3 [50].
Sec 203 Am 2004 No 74, Sch 3 [55].
Sec 204 Am 2004 No 74, Sch 3 [56].
Sec 211 Rep 2004 No 74, Sch 3 [57].
Sec 220 Am 2004 No 74, Sch 3 [58]; 2006 No 58, Sch 1.3 [4] [5].
Secs 223, 224 Rep 2008 No 62, Sch 4.
Sch 1 Am 2004 No 74, Sch 3 [59]-[63]. Rep 2008 No 62, Sch 4.
Sch 2 Am 2004 No 74, Sch 3 [66] [67]; 2005 No 98, Sch 2.11; 2007 No 27, Sch 2.10 [3] [4]. Rep 2008 No 62, Sch 4.
Sch 3 Am 2004 No 74, Sch 3 [68]-[70].