New South Wales Consolidated Acts

MINE HEALTH AND SAFETY ACT 2004 - SECT 16

16 Act adds to protection provided by OH&S Act

(1) If a provision of the Occupational Health and Safety Act 2000 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 Occupational Health and Safety Act 2000 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 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.