COAL MINE HEALTH AND SAFETY ACT 2002

New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [History] [Help]

COAL MINE HEALTH AND SAFETY ACT 2002 - SECT 3

Definitions

3 Definitions

In this Act:
"abandoned coal operation" includes a discontinued coal operation, a closed coal operation (other than a suspended coal operation) and a former coal operation.
"Board" means the Coal Competence Board constituted by section 130.
"Board of Inquiry" means a Board of Inquiry constituted under section 113.
"certificate of competence" means a certificate granted under section 136 that is in force.
"check inspector" means a site check inspector, an electrical check inspector or an industry check inspector.
"Chief Inspector" means the person appointed as Chief Inspector under section 145.
"coal" includes oil shale and kerosene shale, but does not include peat.
"coal exploration site" means:

(a) a place where drilling from the surface is undertaken for the purpose of discovering or proving the existence of coal, or

(b) a place where drilling from the surface is undertaken for a mining purpose in connection with the mining of coal, or

(c) a place where bulk sampling is done under an exploration licence or assessment lease granted under the Mining Act 1992 , or

(d) a place being prepared for a use referred to in paragraph (a)-(c), or

(e) a place formerly used for a purpose referred to in paragraph (a)-(c) and that is presently being restored.

"coal mining industry code of practice" means a coal mining industry code of practice under Part 11.
"coal operation" means a place at which coal is mined that is a place of work to which this Act applies and includes the places that are taken to be part of a coal operation under section 4.

Note: This Act applies to all places of work that are within a colliery holding, a coal exploration site or the subject of a licence to mine coal under the Offshore Minerals Act 1999 .

"coal preparation plant" means land, buildings and works that are, or may be, used for or in connection with:

(a) the treatment of coal to improve it as a marketable product, and

(b) the dispatch of the coal after it has been so treated.

"colliery holder" means the person identified in the register of colliery holdings kept by the Director-General under section 163 of the Mining Act 1992 as the colliery holder for the holding.
"colliery holding" means a colliery holding registered in accordance with section 163 of the Mining Act 1992 .
"competent" means having appropriate experience, knowledge, skills and capabilities.
"contractor", in relation to a coal operation, means a person who is not an employee employed to work at a coal operation, who undertakes work at the coal operation, but does not include the operator of the coal operation.
"contractor management plan" for a coal operation means a contractor management plan prepared for the coal operation under section 39.
"Department" means the Department of Mineral Resources.
"direction" includes any instruction, order or requirement authorised by this Act to be given or made by the Minister or an inspector.
"Director-General" means the Director-General of the Department.
"drift" means a roadway driven in stone or alluvial matter, but does not include a shaft.
"electrical check inspector" for a coal operation means a person elected under section 172 as an electrical check inspector for the coal operation.
"emergency management system" for a coal operation means an emergency management system prepared for the coal operation under section 45.
"employee" means an individual who works under a contract of employment or apprenticeship.
"employer" means a person who employs persons under contracts of employment or apprenticeship.
"evidence of competence" means a certificate of competence or other evidence of competence acceptable to the Minister.
"exercise" a function includes perform a duty.
"exploration holder" means a person registered as the holder of:

(a) an authority granted under the Mining Act 1992 , or

(b) a licence granted under the Offshore Minerals Act 1999 .

"flammable gas" means methane, carbon monoxide or hydrogen.
"function" includes power, duty and authority.
"government official" means a person appointed under section 145.
"health and safety management system" for a coal operation means a health and safety management system prepared for the coal operation under section 20.
"industry check inspector" means a person appointed under section 173.
"inspector" means a person appointed as an inspector under section 145.
"investigator" means a person appointed as an investigator under section 145 or 147.
"involved union" means a Federal or State industrial organisation of employees of which a person employed to engage in work at a coal operation is a member, where that person is qualified to be such a member by virtue of the work that the person performs in his or her employment at the coal operation.
"major hazard management plan" for a coal operation means a major hazard management plan prepared for the coal operation under section 35.
"management structure" for a coal operation means the management structure prepared for the coal operation under section 37.
"manager of electrical engineering" for a coal operation means the person nominated as the manager of electrical engineering for the coal operation in the management structure for the coal operation.
"manager of mechanical engineering" for a coal operation means the person nominated as the manager of mechanical engineering for the coal operation in the management structure for the coal operation.
"manager of mining engineering" for a coal operation means the person nominated as the manager of mining engineering for the coal operation in the management structure for the coal operation.
"methane" includes ethane, propane and similar hydrocarbon gases.
"mine":

(a) when used as a noun, means any coal operation within which coal is disturbed in its natural place of formation, and

(b) when used as a verb, means disturb, remove, cart, carry, crush or otherwise deal with coal or stone for the purpose of obtaining coal for profit or improving coal or carry out such other activities as may be prescribed by the regulations, but does not include:
(i) to explore for coal by drilling from the surface, or

(ii) to blend coal where this is done elsewhere than within a colliery holding.

"mine safety officer" means a person appointed as a mine safety officer under section 145.
"open cut mine" means a mine in which persons are not employed underground when the mine is being worked.
"operator":

(a) in relation to a coal operation that is a place within a colliery holding, means:
(i) the colliery holder, if the colliery holder nominated himself, herself or itself as the operator of the coal operation under section 17 and that nomination was not rejected, or

(ii) the person nominated by the colliery holder as the operator of the coal operation, and not rejected by the Chief Inspector, under section 17, or

(b) in relation to any other coal operation, means the person with the day to day management of the coal operation.

"outlet", in relation to a mine, means a means of access to or exit from the mine for persons, materials, coal or stone.
"place of work" means premises where people work.
"plant" includes any machinery, equipment (including scaffolding), appliance, implement or tool and any component or fitting of, or accessory to, any machinery, equipment, appliance, implement or tool.
"premises" includes any place, and in particular includes:

(a) any land, building or part of any building, and

(b) any vehicle, vessel or aircraft, and

(c) any installation on land, on the bed of any waters or floating on any waters, and

(d) any tent or moveable structure.

"previous offender", in relation to the maximum penalty for an offence, means a person who has, at any time before being sentenced for that offence, been convicted of any other offence of any kind against:

(a) this Act, or

(b) the Coal Mines Regulation Act 1982 , or

(b1) the Work Health and Safety Act 2011 , or

(c) the Occupational Health and Safety Act 2000 , or

(d) the Occupational Health and Safety Act 1983 , or

(e) the Mines Inspection Act 1901 , or

(f) the Mine Health and Safety Act 2004 .

"risks" -see section 6.
"roadway" means any passageway in a mine formed by the removal of coal or stone and through which is passed or is proposed to be passed coal, stone, persons, materials or ventilation.
"safe work method statement" for a coal operation means a safe work method statement prepared under section 73.
"shaft" includes a staple shaft.
"site check inspector", in relation to a coal operation, means a person elected under section 157 as a site check inspector for the coal operation.
"stone" includes rock, clay, shale, soil and sand, but does not include coal.
"stop work order" means an order under section 118.
"subcontractor" means a contractor who has been contracted by a person other than the coal operator.
"supervisor" means a person nominated as a supervisor in the management structure for a coal operation.
"underground mine" means a mine in which persons are employed underground when the mine is being worked.
"vehicle" includes any mechanically driven machine capable of moving under its own power.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback