New South Wales Consolidated Acts

COAL MINE HEALTH AND SAFETY ACT 2002 - SECT 12

12 Act adds to protection provided by WHS Act

(1) If a provision of the Work Health and Safety Act 2011 or the regulations made under that Act applies to coal operations, that provision continues to apply, and must be observed, in addition to this Act or the regulations made under this Act.

Note: For example, Part 2 of the Work Health and Safety Act 2011 imposes duties relating to health, safety and welfare at coal operations. So does Part 5 of this Act. The provisions of this Act apply in addition to those of the WHS Act and do not remove any WHS protections, rights or obligations.

(2) Without limiting subsection (1) or any other provision of this Act, the failure by an operator to comply with a provision of this Act or the regulations does not affect any liability of any other person under this Act or the regulations or under the Work Health and Safety Act 2011 or the regulations under that Act.