WORK HEALTH AND SAFETY (MINES AND PETROLEUM SITES) ACT 2013 - As at 15 December 2023 - Act 54 of 2013
- As at 15 December 2023 - Act 54 of 2013Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Objects of Act
- 4 Relationship with WHS Act
- 5 Definitions
- 6 Meaning of "mine"
- 7 Meaning of "mining operations" and "mining activities"
- 7A Meaning of "mine operator"
- 7B Meaning of "petroleum operations" and "petroleum activities"
- 7C Meaning of "petroleum site operator"
- 8 Geothermal energy
- 9 Examples and notes
PART 2 - APPLICATION OF ACT
- 10 Places to which Act does or does not apply
- 11 Activities to which Act does or does not apply
- 12 Decisions on jurisdictional questions
- 12A Exercise of functions by regulators and other officials
- 13 Act binds the Crown
PART 3 - INCIDENT NOTIFICATION
- 14 What is a "notifiable incident"
- 15 Duty to notify of notifiable incidents
- 16 Notifiable incident at coal mine
- 17 Duty to preserve incident sites
PART 4 - OVERSIGHT OF MINES BY GOVERNMENT OFFICIALS
Division 1 - Appointment of government officials
- 18 Appointment by regulator
- 19 Qualifications of inspectors
- 20 Accountability of government officials
- 21 Identity cards
Division 2 - Functions of government officials
- 22 Functions of government officials
- 23 Notifying mine operator or petroleum site operator of concerns
- 24 Consideration and investigation of complaints
- 25 Offence of failing to comply with requirement of government official
- 26 Government officials subject to regulator's direction
PART 5 - SAFETY AND HEALTH REPRESENTATIVES FOR COAL MINES
Division 1 - Preliminary
- 27 Part applies only to coal mines
Division 2 - Industry safety and health representatives
- 28 Appointment of industry safety and health representatives
- 29 Functions of industry safety and health representatives
- 30 Suspending operations
- 31 Issue of provisional improvement notices
- 32 Delegation of functions to site safety and health representative
- 33 Identification of industry safety and health representatives
- 34 Offence to hinder or obstruct
- 35 Offence to impersonate
- 36 Offence to assault, threaten or intimidate
Division 3 - Mine safety and health representatives
- 37 Definition
- 38 Election of mine safety and health representatives
- 39 Election procedure
- 40 Term of office
- 41 Disqualification
- 42 Functions of mine safety and health representatives
- 43 Issue of provisional improvement notices
- 44 Government officials to consult with mine safety and health representatives
- 45 Training of mine safety and health representatives
- 46 Reports by mine safety and health representatives
- 47 Reporting of dangers
- 48 No obligation to exercise function
PART 6 - ENFORCEMENT MEASURES
Division 1 - Improvement and prohibition notices
Division 2 - Stop work orders
- 51 Regulator may make stop work orders
- 52 Stop work order prevails over other instruments
- 53 Costs of enforcing stop work order
- 54 Entry on land for purposes of carrying out order
- 55 Offence--failure to comply with stop work order
PART 7 - INQUIRIES
- 56 Boards of Inquiry
- 57 Assessors
- 58 Witnesses and evidence at inquiries
- 59 Report by Board of Inquiry
PART 8 - STATUTORY BODIES
Division 1 - Mine Safety Advisory Council
Division 2 - Mining and Petroleum Competence Board
- 63 Constitution of Mining and Petroleum Competence Board
- 64 Ministerial control of Board
- 65 Membership of Board
- 66 Procedure of Board
- 67 Functions of Board
- 68 Annual report
PART 9 - MISCELLANEOUS
- 69 Service of documents
- 70 Publication of information by regulator
- 71 Sharing of information with corresponding regulator
- 72 Mining and petroleum codes of practice
- 73 Immunity from liability
- 74 Functions of regulator
- 75 Delegation of functions by Minister
- 76 Regulations
- 77 Review of Act 78. (Repealed)
- SCHEDULE 1
- SCHEDULE 2 Schedule 3 (Repealed)