New South Wales Consolidated Acts

COAL MINE HEALTH AND SAFETY ACT 2002 - SECT 12

12 Act adds to protection provided by OH&S Act

(1) If a provision of the Occupational Health and Safety Act 2000 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 Occupational Health and Safety Act 2000 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 OH&S Act and do not remove any OH&S 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 an employer or other person under this Act or the regulations or under the Occupational Health and Safety Act 2000 or the regulations under that Act.