New South Wales Consolidated Acts

MINE HEALTH AND SAFETY ACT 2004 - SECT 16

16 Act adds to protection provided by WHS Act

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