Mine Safety (Cost Recovery) Act 2005 MINE SAFETY (COST RECOVERY) REGULATION 2005 - Made under the Mine Safety (Cost Recovery) Act 2005 - As at 15 July 2011 - Reg 10 of 2006 TABLE OF PROVISIONS TABLE OF PROVISIONS 1. Name of Regulation 2. Definitions 3. Phasing-in of application of Fund to meet Department’s expenditure 4. Expenditure incurred during implementation period 4A. Additional payments authorised to be paid from Fund 5. Waiver of liability to pay contributions 6. Delegation of functions—prescribed persons MINE SAFETY (COST RECOVERY) REGULATION 2005 - REG 1 Name of Regulation 1 Name of Regulation This Regulation is the Mine Safety (Cost Recovery) Regulation 2005. MINE SAFETY (COST RECOVERY) REGULATION 2005 - REG 2 Definitions 2 Definitions (1) In this Regulation: "implementation period" means the period between the commencement of the Act and the date on which the first relevant period (as determined by the Director-General under section 9 of the Act) begins. "the Act" means the Mine Safety (Cost Recovery) Act 2005. (2) Notes included in this Regulation do not form part of this Regulation. MINE SAFETY (COST RECOVERY) REGULATION 2005 - REG 3 Phasing-in of application of Fund to meet Department’s expenditure 3 Phasing-in of application of Fund to meet Department’s expenditure Any expenditure incurred by the Department during the implementation period: (a) in carrying out regulatory activities under or in connection with the mine safety legislation, or (b) in the administration or execution of the mine safety legislation (other than the Act), is not required to be paid from the Fund. MINE SAFETY (COST RECOVERY) REGULATION 2005 - REG 4 Expenditure incurred during implementation period 4 Expenditure incurred during implementation period The amount estimated by the Director-General under section 9 of the Act for a relevant period (whether the first relevant period as determined by the Director-General under that section or any subsequent relevant period) may include any one or more of the following amounts that are incurred during the implementation period: (a) any expenditure incurred by the Department in the administration or execution of the Act, (b) any expenses incurred by the WorkCover Authority in connection with its functions under the Act, (c) any expenses incurred in relation to the administration of the Fund, (d) any expenses incurred by insurers in connection with the Act that are payable in accordance with arrangements referred to in section 12 (1) (f) of the Act. MINE SAFETY (COST RECOVERY) REGULATION 2005 - REG 4A Additional payments authorised to be paid from Fund 4A Additional payments authorised to be paid from Fund For the purposes of section 7 (1) (e) of the Act, the following money is authorised to be paid from the Fund: (a) all payments required to meet expenditure incurred by the Department in carrying out regulatory activities under or in connection with the Explosives Act 2003, (b) all other amounts required to meet expenditure incurred by the Department in the administration or execution of the Explosives Act 2003. Note: Clause 6 of the Explosives Regulation 2005 provides that the Director-General of the Department of Industry and Investment is the “regulatory authority” for coal workplaces and mining workplaces (within the meaning of that Regulation) for the purposes of the Explosives Act 2003 in relation to certain functions. MINE SAFETY (COST RECOVERY) REGULATION 2005 - REG 5 Waiver of liability to pay contributions 5 Waiver of liability to pay contributions (1) The Director-General may, on such grounds or in such circumstances as the Director-General may determine, waive an insurer’s liability (or the liability of specified class of insurers) to pay a contribution under section 10 of the Act. (2) Any decision by the Director-General to waive the liability to pay a contribution under section 10 of the Act is to have effect according to its tenor. MINE SAFETY (COST RECOVERY) REGULATION 2005 - REG 6 Delegation of functions—prescribed persons 6 Delegation of functions—prescribed persons For the purposes of section 14 (b) of the Act, members of staff of the WorkCover Authority are authorised as a class of persons to whom the functions of the Director-General under the Act may be delegated. MINE SAFETY (COST RECOVERY) REGULATION 2005 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________________ |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| Table of amending instrumentsMine Safety (Cost Recovery) Regulation 2005 (2006-10). GG No 7 of 13.1.2006, p 85. Date of commencement, on gazettal. This Regulation has been amended as follows: _________________________________________________________________ | | |Mine Safety (Cost Recovery) Amendment Regulation | |2008|(194)|2008. GG No 72 of 20.6.2008, p 5425. | | | | | |_________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) | |2010|No 59|Act 2010. Assented to 28.6.2010. | | | | | |_________________________________________________________________| Table of amendments _________________________________________________________ |_________________________________________________________| |_________________________________________________________|