New South Wales Consolidated Acts

MINE HEALTH AND SAFETY ACT 2004

- As at 1 August 2008
- Act 74 of 2004

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      When a person is at work
   5.      Risks arising from activities at work

   PART 2 - APPLICATION OF ACT

   6.      Application of Act
   7.      Act does not apply to certain mines or places
   8.      Decision on question of whether this Act applies
   9.      Act does not apply to coal mines
   10.     Act does not apply to railway operations
   11.     Act does not apply to civil engineering works
   12.     Act does not apply to certain other operations
   13.     Act to bind Crown

   PART 3 - OBJECTS OF ACT

   14.     Objects of Act

   PART 4 - APPLICATION OF OCCUPATIONAL HEALTH AND SAFETY ACT 2000
   Note

   15.     Act to be read in conjunction with OH&S Act
   16.     Act adds to protection provided by OH&S Act
   17.     OH&S Act prevails
   18.     Compliance with this Act is no defence to prosecution under OH&S Act
   19.     Relationship between duties under this Act and OH&S Act
   20.     No double jeopardy
   21.     Documents

   PART 5 - DUTIES RELATING TO HEALTH, SAFETY AND WELFARE AT MINES
   Note

           Division 1 - Duties of mine holders
           Note

   22.     Duty to nominate the operator of a mine
   23.     Chief Inspector may declare person as operator
   24.     Mine holder must give operator health and safety information
   25.     Penalty for offence against this Division

           Division 2 - Duties of operators of mines
           Note

              Subdivision 1 - General duty

   26.     Worker safety

              Subdivision 2 - Mine safety management plans

   27.     Duty of operator to prepare mine safety management plan
   28.     No work directly related to mining without mine safety management plan
   29.     Duty of operator to ensure compliance with mine safety management plan
   30.     Contents of mine safety management plan
   31.     Consultation
   32.     Obligations concerning mine safety management plan
   33.     Access to mine safety management plan
   34.     Former operator must return information

              Subdivision 3 - Management structure

   35.     Operator must prepare management structure
   36.     Register of persons occupying positions

              Subdivision 4 - Duties regarding contractors

   37.     Operator to prepare contractor management plan
   38.     Content of contractor management plan
   39.     Operator to ensure contractor’s familiarity with systems
   40.     Duties of operator regarding contractors

              Subdivision 5 - Emergency management

   41.     Meaning of “emergency”
   42.     Operator must prepare emergency plan
   43.     No mining or quarrying without emergency plan
   44.     Contents of emergency plan
   45.     Review and testing

              Subdivision 6 - Keeping of records and reporting

   46.     Keeping of records by operators
   47.     Reporting by operators

              Subdivision 7 - Penalties

   48.     Penalty for offence against this Division

              Subdivision 8 - Saving of certain notices and directions

   49.     Saving of certain notices and directions

           Division 3 - Duties and rights of employees
           Note

   50.     Duties of employees
   51.     Rights of employees
   52.     Unlawful dismissal or other victimisation of employee
   53.     Division applies to employees of contractor

           Division 4 - Duties of persons in management positions
           Note

   54.     Persons in management positions must comply with mine safety management plan
   55.     Persons in management positions must inform operator of non-compliance
   56.     Further obligations
   57.     Penalty for offence against this Division

           Division 5 - Duties of supervisors

   58.     Supervisor must comply with mine safety management plan
   59.     Supervisor must inform operator of non-compliance
   60.     Further obligations
   61.     Penalty for offence against this Division

           Division 6 - Duties of and in relation to contractors
           Note

   62.     Contractor must comply with operator’s mine safety management plan
   63.     Contractor’s safety management plan
   64.     Duties of contractors regarding safe work method statement
   65.     Contractor to ensure work carried out in accordance with safe work method statement
   66.     Contractor’s duties regarding subcontractors
   67.     Penalty for offence against this Division

           Division 7 - Duty to give notice

   68.     Duty to give notice of drilling operations
   69.     Regulations may require notice to be given
   70.     Penalty for offence against this Division

           Division 8 - General

   71.     Person may have more than one duty
   72.     Relationship between duties under this Part and regulations
   73.     Multiple contraventions of duties under this Part
   74.     Civil liability not affected by this Part

   PART 6 - MISCELLANEOUS MATTERS CONCERNING MINES

           Division 1 - Mine plans

   75.     Regulations concerning mine plans

           Division 2 - Hours of work

   76.     Hours of work and associated working arrangements below ground
   77.     Chief Inspector may require alteration of hours of work
   78.     Regulations concerning hours of work
   79.     Display of shift roster regimes
   80.     Recording of hours worked
   81.     Penalty for offence against this Division
   82.     Defence

           Division 3 - Tourist and educational activities

   83.     Definitions
   84.     Tourist activities in mines or use of mines for educational purposes not allowed without a permit
   85.     Issue of tourist and educational permits
   86.     Revocation or variation of permits
   87.     Minister and certain other persons not liable in certain circumstances

   PART 7 - NOTIFICATION OF INCIDENTS

           Division 1 - Notification of certain incidents

   88.     Notification of certain incidents and other matters
   89.     Non-disturbance of plant involved in notifiable incidents (and of surrounding area)
   90.     Records of notifications
   91.     Penalty for offence against this Division

           Division 2 - Health and safety

   92.     Records of medical and first aid treatment
   93.     Offence relating to reporting of health or safety matters
   94.     Penalty for offence against this Division

           Division 3 - Inquiries

   95.     Boards of Inquiry
   96.     Witnesses and evidence at special inquiries
   97.     Report by Board of Inquiry
   98.     No appeal against exercise of functions by Boards of Inquiry
   99.     Penalty for offence against this Division

   PART 8 - STOP WORK ORDERS

   100.    Minister may make stop work order
   101.    Prior notification of making of stop work order not required
   102.    Extension of stop work order
   103.    Consultation about modification of proposed detrimental action
   104.    Stop work order prevails over other instruments
   105.    Costs of enforcing stop work order
   106.    Offence: failure to comply with a stop work order

   PART 9 - COMPETENCE STANDARDS

           Division 1 - Key obligations

   107.    Regulations may specify functions to which this Part applies
   108.    Operator to ensure only competent persons employed to perform specified functions
   109.    Contractor to ensure only competent persons employed to perform specified functions
   110.    Only competent persons to perform specified functions
   111.    Penalty for offence against this Division

           Division 2 - Metalliferous Mines and Extractive Industries Competence Board

   112.    Constitution of Metalliferous Mines and Extractive Industries Competence Board
   113.    Ministerial control of Board
   114.    Membership of Board
   115.    Procedure of Board

           Division 3 - Functions of Board

   116.    Functions of Board
   117.    Annual report

           Division 4 - Certificates of competence

   118.    Certificates of competence may be granted
   119.    Regulations concerning competence standards
   120.    Ministerial orders

           Division 5 - Offences

   121.    Offences: certificates of competence
   122.    Offence of forging or having forged document
   123.    False or misleading statements
   124.    Offences if a person’s competence is declared as not recognised
   125.    Penalty for offence against this Division

   PART 10 - OVERSIGHT OF MINES

           Division 1 - Outline of this Part

   126.    Outline of this Part

           Division 2 - Inspections by government officials

              Subdivision 1 - Appointment of government officials

   127.    Appointment of government officials
   128.    Qualifications of inspectors
   129.    Appointment of consultants as investigators

              Subdivision 2 - Functions of government officials

   130.    Functions of Chief Inspector
   131.    Bringing concerns regarding health, safety or welfare to the attention of operators
   132.    Consideration and investigation of complaints
   133.    Audit and review of mine safety management plans and other arrangements
   134.    Additional functions

              Subdivision 3 - Powers of government officials
              Note

   135.    Powers of entry at any time
   136.    Power to cross land
   137.    Power to require plan

           Division 3 - Inspections on behalf of work force
           Note

              Subdivision 1 - Site check inspectors

   138.    Site check inspectors
   139.    Trigger for election
   140.    Conduct of election of site check inspectors
   141.    Term of office
   142.    Vacation of office of site check inspector
   143.    Notification of election
   144.    Functions of site check inspectors
   145.    Training of site check inspectors
   146.    Duties of operators in relation to site check inspectors
   147.    Duties of contractors in relation to site check inspectors
   148.    Assistance to site check inspectors
   149.    Reports by site check inspectors

              Subdivision 2 - Inspections on behalf of work force

   150.    Inspections by site check inspectors
   151.    Site check inspector may be accompanied by operator or operator’s representative
   152.    Site check inspector must not leave work without prior notice
   153.    Power to cross land

           Division 4 - Offences

   154.    Offence of failing to comply with requirement of government official
   155.    Obstruction of site check inspectors in exercise of functions
   156.    Offence of interfering with site check inspector or government official
   157.    Offence of impersonating a site check inspector or government official

   PART 11 - MINING INDUSTRY CODES OF PRACTICE

   158.    Purpose of industry codes of practice
   159.    Minister may prepare draft codes
   160.    Consultation on draft codes
   161.    Approval of codes by Minister
   162.    Publication, commencement and availability of codes
   163.    Amendment or revocation of codes
   164.    Use of codes

   PART 12 - REGULATIONS

   165.    Regulations: general power
   166.    Regulations: specific miscellaneous powers
   167.    Regulations may prescribe decisions that are to be reviewable by Administrative Decisions Tribunal
   168.    Regulations: adapting duties under Part 5
   169.    Regulations concerning application of Part 5 to contractors
   170.    Regulations may adopt other publications
   171.    Regulations may create criminal offences
   172.    Exemptions
   173.    Regulations relating to consultation

   PART 13 - MISCELLANEOUS

           Division 1 - Enforcement
           Note

   174.    Offences by corporations
   175.    Aiding and abetting etc
   176.    Defence
   177.    Defences to criminal proceedings not affected by this Act

           Division 2 - Information

   178.    Disclosure of information
   179.    False or misleading statements
   180.    Defence

           Division 3 - Exercise and delegation of functions

   181.    Chief Inspector subject to Ministerial control
   182.    Delegation of functions by Minister
   183.    Delegation of functions by Chief Inspector
   184.    Delegation of functions by Director-General

           Division 4 - Service of documents

   185.    Service of documents
   186.    Supply of documents to operator
   187.    Supply of documents to Chief Inspector

           Division 5 - Fees

   188.    Fees

           Division 6 - Liability

   189.    Protection from liability
   190.    No obligation to exercise power

           Division 7 - Repeals and amendments

   191.    Repeals
   192.    (Repealed)
   193.    Amendment of Occupational Health and Safety Act 2000 No 40
   194.    Amendment of Coal Mine Health and Safety Act 2002 No 129
   195.    Amendment of other legislation

           Division 8 - General

   196.    Savings, transitional and other provisions
   197.    Review of Act
           Schedule 1 (Repealed)
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5