New South Wales Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 358

358 Application of Act to mining workplaces and coal workplaces: references to WorkCover

(1) In accordance with section 133 of the Act, a reference in any of the following provisions of the Act to WorkCover, in connection with the application of the provision to a mining workplace or coal workplace, is taken to be a reference to the Department of Primary Industries:

(a1) section 32B (3) (Reasons for non-prosecution of offence),

(a) Part 4 (Industry codes of practice),

(b) section 114 (Orders regarding costs and expenses of investigation).

(2) In accordance with section 133 of the Act, a reference in section 109 of the Act to the General Manager of WorkCover, in connection with the application of the provision to a mining workplace or coal workplace, is taken to be a reference to the Department Head (Mining).

(3) In accordance with section 133 of the Act, a reference in any of the following provisions of the Act to WorkCover, in connection with the application of the provision to a mining workplace or coal workplace, is taken to be a reference to the Department Head (Mining):

(a) Division 2 (Duty to consult) of Part 2,

(b) Division 2 (Powers of inspectors) of Part 5,

(c) Division 4 (General provisions relating to notices) of Part 6.

(4) In accordance with section 133 of the Act, a reference in section 104A of the Act to WorkCover, in connection with the application of the provision to proceedings under the Act (rather than the Coal Mine Health and Safety Act 2002 or the Mine Health and Safety Act 2004 ) in connection with a mining workplace or a coal workplace, is taken to be a reference to the Department Head (Mining).

(5) In accordance with section 133 of the Act, a reference in section 107 or 107A (1) or (2) of the Act to WorkCover, in connection with the application of the provision to a mining workplace or a coal workplace, is taken to be a reference to a person taken to have been appointed as an inspector by virtue of section 47A (Appointment of inspectors in connection with mining workplaces) or 47B (Appointment of inspectors in connection with coal workplaces) of the Act.

(6) In accordance with section 133 of the Act, a reference in section 107A of the Act to the Chief Executive Officer of WorkCover, in connection with the application of the provision to a mining workplace or a coal workplace, is taken to be a reference to the Department Head (Mining).