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MINE HEALTH AND SAFETY ACT 2004 - NOTES

- As at 25 August 2009 - Act 74 of 2004

Note to Part 4

The Occupational Health and Safety Act 2000 is the main Act that deals with the health, safety and welfare of persons at work, including persons at work at a mine. This Part explains how this Act fits in with the Occupational Health and Safety Act 2000. Generally, this Act creates additional protections, rights and obligations necessary because of the special risks associated with mines. This Part makes it clear that this Act provides for an increase in the standard of protection of persons at work at mines and does not result in less 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 mines.
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 mine holder nominates himself, herself or itself as the operator of the mine, the mine holder has the duties in that section as the employer of its employees and has duties in relation to other persons who work at the mine.
Section 10 of the Occupational Health and Safety Act 2000 imposes duties on a person who has control of premises used by persons as a place of work. If a mine holder nominates a person other than himself, herself or itself as the operator of the mine, the mine holder is, for the purpose of that Act, a person who has control of the premises constituted by the mine and so has duties under that section.
This Division imposes extra duties on mine holders.

Note to Division 2

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

Note to Division 3

Sections 20, 21, 24 and 25 of the Occupational Health and Safety Act 2000 impose duties on employees. This Division imposes 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 that Act or the regulations under that Act, 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 mine 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 mines.

Note to Subdivision 3

Section 47A 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 mining workplaces.

Note to Division 3

Section 13 of the Occupational Health and Safety Act 2000, and the regulations under that Act, require an employer to consult employees about occupational health and safety matters.
This Division makes provision for the election or appointment of certain persons to carry out inspections and perform other functions on behalf of persons who work at a mine. Section 17 (7) of the Occupational Health and Safety Act 2000 provides that a site check inspector under this Act must be a member of any OHS committee for the mine.

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:

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

Reprint history:

Reprint No 1   25 August 2009  

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

Mine Health and Safety Act 2004 No 74. Second reading speech made: Legislative Assembly, 7.5.2004; Legislative Council, 21.9.2004. Assented to 28.9.2004. Date of commencement of Parts 1 and 12, Div 8 of Part 13 and Sch 5, 21.12.2007, sec 2 and GG No 185 of 21.12.2007, p 9815; date of commencement, except Part 1, sec 93, Part 12, secs 192 and 194, Div 8 of Part 13 and Schs 1 [1]-[5], 3 [1]-[28] [30]-[44] [46]-[52] [54]-[64] and [66]-[69] and 5, 1.9.2008, sec 2 and GG No 185 of 21.12.2007, p 9815; date of commencement of sec 93: not in force; date of commencement of secs 192 and 194 and Schs 1 [2]-[4] and 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; Sch 1 [1] and [5] was not commenced and was repealed by the Mining Amendment Act 2008 No 19. This Act has been amended as follows:

2005 No 98 Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005.
Date of commencement of Schs 2.41 and 3, assent, sec 2 (2).
2006 No 58 Statute Law (Miscellaneous Provisions) Act 2006. Assented to 20.6.2006.
Date of commencement of Sch 1.18, assent, sec 2 (2).
2008 No 19 Mining Amendment Act 2008. Assented to 20.5.2008.
Date of commencement of Sch 2.5, 1.8.2008, sec 2 and GG No 93 of 1.8.2008, p 7350.
No 97 Rail Safety Act 2008. Assented to 3.12.2008.
Date of commencement, 1.1.2009, sec 2 and GG No 158 of 19.12.2008, p 12308.
No 114 Statute Law (Miscellaneous Provisions) Act (No 2) 2008. Assented to 10.12.2008.
Date of commencement of Sch 4, assent, sec 2 (1).

Table of amendments

Sec 3 Am 2008 No 19, Sch 2.5 [1] [2].
Sec 6 Am 2008 No 19, Sch 2.5 [3]-[8].
Sec 10 Am 2008 No 97, Sch 4.6.
Sec 22 Am 2008 No 19, Sch 2.5 [9].
Sec 68 Am 2008 No 19, Sch 2.5 [10].
Sec 85 Am 2006 No 58, Sch 1.18 [1].
Sec 95 Am 2005 No 98, Sch 3.45.
Sec 130 Am 2006 No 58, Sch 1.18 [2].
Sec 166 Am 2006 No 58, Sch 1.18 [3].
Sec 172 Am 2006 No 58, Sch 1.18 [4].
Sec 189 Am 2006 No 58, Sch 1.18 [5] [6].
Part 13, Div 7 Rep 2008 No 114, Sch 4.
Sec 191 Rep 2008 No 114, Sch 4.
Sec 192 Rep 2008 No 19, Sch 2.5 [11].
Secs 193-195 Rep 2008 No 114, Sch 4.
Sch 1 Rep 2008 No 19, Sch 2.5 [12].
Sch 2 Am 2008 No 19, Sch 2.5 [13]. Rep 2008 No 114, Sch 4.
Sch 3 Am 2006 No 58, Sch 1.18 [7]. Rep 2008 No 114, Sch 4.
Sch 4 Am 2005 No 98, Sch 2.41. Rep 2008 No 114, Sch 4.