New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 196)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActWork Health and Safety Legislation Amendment Act 2011
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In
this Part:
"former Act" means the Mines Inspection Act 1901 .
Without limiting clause 1, the regulations may make provision for plans, systems or other arrangements developed under the former Act and in force or having effect immediately before the repeal of the former Act to be acceptable as fulfilling any requirement imposed by or under this Act for the duration of any phasing-in period prescribed by the regulations.
Without limiting clause 3, an occupational safety and health policy prepared for a mine under the Mines Inspection General Rule 2000 as in force immediately before the repeal of the former Act continues to have effect in respect of the mine after that date and until replaced by a mine safety management plan prepared under this Act.
A proclamation under section 1 (2) of the former Act and in force immediately before the repeal of the former Act has effect as if it were a regulation under section 7 (1) (a) of this Act (but may be revoked by any such regulation).
(1) A decision of the Minister under section 76 of the former Act, and in force immediately before the repeal of the former Act, that a mine was not a mine to which the former Act applied has effect as if it were a decision under section 8 of this Act.
(2) Subclause (1) does not prevent a further decision being made under section 8 of this Act as to whether a mine that was the subject of a decision under section 76 of the former Act is, or is not, a mine to which this Act applies.
An agreement under section 29 (2) of the former Act in force immediately before the repeal of the former Act continues to have effect despite the provisions of section 76 of this Act. The agreement cannot be varied but may be terminated by the operator concerned or by the Chief Inspector.
Despite the provisions of section 76 of this Act, an approval under section 29 (4) of the former Act in force immediately before the repeal of the former Act is taken to be an approval authorising employment contrary to the provisions of section 76 of this Act. Such an approval continues to have effect until it expires, or is revoked by the Chief Inspector, whichever occurs sooner.
A direction given by the Chief Inspector under section 30 of the former Act in force immediately before the repeal of the former Act is taken to be a direction given under section 77 of this Act. Such a direction continues to have effect until it expires, or is revoked by the Chief Inspector, whichever occurs sooner.
On and from the repeal of the former Act:
(a) a certificate of competency as a production manager granted under section 7 of the former Act is taken to have been granted under section 118 of this Act in relation to the functions ordinarily required to be exercised by the holder of a position prescribed by the regulations for the purposes of this clause, and
(b) a certificate of competency as shotfirer granted under section 18G of the former Act is taken to have been granted under section 118 of this Act in relation to the functions ordinarily required to be exercised by the holder of a position prescribed by the regulations for the purposes of this clause, and
(c) a certificate of competency as an engine driver relating to winders and hoists granted under section 14 of the former Act is taken to have been granted under section 118 of this Act in relation to the functions ordinarily required to be exercised by the holder of a position prescribed by the regulations for the purposes of this clause.
(1) A permit issued under section 48C of the former Act and in force immediately before the repeal of the former Act is taken to be a permit issued under section 85 of this Act to the person who was the owner (within the meaning of the former Act) of the mine concerned immediately before the commencement of this clause.
(2) Sections 86 (4) and 87 of this Act apply to and in respect of any such permit.
Division 4 of Part 4 of the former Act continues to apply for 3 days after the repeal of the former Act as if it had not been repealed.
Without limiting clause 1, the regulations may make provision for a person who held a position in the management structure of a mine immediately before the repeal of the former Act to be taken to hold a prescribed position in the management structure of a mine under this Act.
Part 7 extends to an event that occurred in the 2 days immediately before the commencement of that Part.
A Board of Inquiry constituted under the former Act and active immediately before the repeal of the former Act continues under this Act as if it were constituted under this Act and may continue any special inquiry under that Act as if the Act had not been repealed. In particular, section 47L of the former Act continues to apply to such a special inquiry as if it had not been repealed.
A person who held office under the former Act as a check inspector or employee representative for a mine immediately before the repeal of the former Act is taken to have been appointed as a site check inspector under this Act for the mine. The person’s appointment as a site check inspector under this Act is taken to have commenced when the person was elected to the office concerned under the former Act.
On and from the commencement of this clause, a reference in any Act other than this Act, in any instrument made under another Act, or in any document of any kind, to the former Act is to be read as a reference to this Act.
The operation of this Part is subject to the regulations.
In this Part:
"amending Act" means the Work Health and Safety Legislation Amendment Act 2011
.
"former Board" means the Metalliferous Mines and Extractive Industries
Competence Board constituted by section 112 immediately before the new Board
commencement.
"new Board" means the Mining Competence Board constituted by section 112 after
the new Board commencement.
"new Board commencement" means the commencement of the amendment made by the
amending Act to section 112.
(1) On the new Board commencement, the former Board is dissolved.
(2) On the dissolution of the former Board, a person who held office as a member of the former Board immediately before its dissolution ceases to hold office as such but is eligible (if otherwise qualified) to be appointed as a member of the new Board.
(3) A person who ceases to hold office as a member of the former Board because of the operation of this clause is not entitled to be paid any remuneration or compensation because of ceasing to hold that office.
For the purpose of facilitating the appointment of members of the new Board to take effect on the new Board commencement, action may be taken under section 114 as amended by the amending Act after the date of assent to that Act and before the new Board commencement.
(1) Anything done by the former Board before the new Board commencement that has any force or effect immediately before the new Board commencement is taken to have been done by the new Board.
(2) This clause extends to but is not limited to the following things done by the former Board:(a) an assessment of competence,(b) the conduct of an examination,(c) the grant, suspension or cancellation of, or the imposition of conditions on, a certificate of competence or exemption,(d) any approval given or appointment or recommendation made by the former Board.
Any delegation to the former Board by the Minister that is in force under section 182 immediately before the new Board commencement is taken to be a delegation to the new Board.
The first annual report of the new Board under section 117 after the new Board commencement is to include a report of the activities of the former Board during the preceding year.
A reference in section 189 to a member of the Board includes a reference to a member of the former Board in relation to a matter or thing done or omitted to be done before the new Board commencement.