New South Wales Consolidated Acts

MINE HEALTH AND SAFETY ACT 2004 - SECT 8

8 Decision on question of whether this Act applies

(1) If any question arises, otherwise than in proceedings before a court, as to whether a mine or other place is a mine or place to which this Act applies, the question is to be referred to the Minister.

(2) The Minister’s decision on any such question is final and binding on any court in any proceedings arising under this Act or the Occupational Health and Safety Act 2000 .

(3) Subsection (2) does not apply in relation to any such proceedings commenced before the Minister’s decision was made.

(4) The Minister is to notify any other Minister administering the Occupational Health and Safety Act 2000 if a decision is made by the Minister under this section. However, failure to notify any such other Minister does not affect the validity of the decision.

(5) A decision under this section does not, in itself, operate to impose any liability on a person for anything done or omitted to have been done by the person before the decision was made.