COAL MINE HEALTH AND SAFETY ACT 2002 - As at 1 February 2015 - Act 129 of 2002

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Definitions
• 4 Certain things are part of a coal operation
• 5 When a person is at work
• 6 Risks arising from activities at work
• 7 Notes

PART 2 - APPLICATION OF ACT

• 8 Application of Act
• 9 Act to bind Crown

PART 3 - OBJECTS OF ACT

• 10 Objects of Act

PART 4 - APPLICATION OF WORK HEALTH AND SAFETY ACT 2011

• 11 Act to be read in conjunction with WHS Act
• 12 Act adds to protection provided by WHS Act
• 13 WHS Act prevails
• 14 Compliance with this Act is no defence to prosecution under WHS Act
• 15 Evidence of contraventions of this Act and WHS Act
• 16 No double jeopardy
16A. (Repealed)

PART 5 - DUTIES RELATING TO HEALTH, SAFETY AND WELFARE AT COAL OPERATIONS

Division 1 - Duties of colliery holders

• 17 Duty to nominate the operator of a coal operation
• 18 Colliery holder must give operator health and safety information
• 19 Penalty for offence against this Division

Division 2 - Duties of operators of coal operations

• 20 Duty of operator to prepare health and safety management system
• 21 No mining without health and safety management system
• 22 Duty of operator to ensure compliance with health and safety management system
• 23 Contents of health and safety management system
• 24 Consultation
• 25 Information to be supplied to Chief Inspector and industry check inspector
• 26 Chief Inspector may object
• 27 Industry check inspector may object
• 28 Health and safety management system must be reviewed
• 29 Amendment of health and safety management system
• 30 Access to health and safety management system
• 31 Former operator must return information
Subdivision 2 - Major hazard management plans
• 32 Regulations may prescribe "major hazard"
• 33 Minister may require other major hazards to be identified
• 34 Minister may declare operation is subject to risk of major hazard
• 35 Duty to prepare one or more major hazard management plans
• 36 Contents of major hazard management plans
Subdivision 3 - Management structure
• 37 Operator must prepare management structure
• 38 Register of persons occupying positions
Subdivision 4 - Duties regarding contractors
• 39 Operator to prepare contractor management plan
• 40 Content of contractor management plan
• 41 Operator to ensure contractor's familiarity with systems
• 42 Duties of operator regarding contractors
• 43 Contractor must be given copy of health and safety management system
Subdivision 5 - Emergency management systems
• 44 Meaning of "emergency"
• 45 Operator must prepare emergency management system
• 46 No mining without emergency management system
• 47 Contents of emergency management system
• 48 Consultation
• 49 Information to be supplied to Chief Inspector and industry check inspector
• 50 Copy to be made available
• 51 Competence and training of personnel
• 52 Review
Subdivision 6 - High risk activities
• 53 Meaning of "high risk activity"
• 54 Requirement to notify high risk activities
Subdivision 7 - Keeping of records and reporting
• 55 Keeping of records by operators
• 56 Reporting by operators
Subdivision 8 - Penalties
• 57 Penalty for offence against this Division
Subdivision 9 - Saving of certain notices and directions
• 58 Saving of certain notices and directions

Division 3 - Duties and rights of employees

• 59 Duties of employees
• 60 Rights of employees
• 61 Unlawful dismissal or other victimisation of employee
• 62 Division applies to employees of contractor

Division 4 - Duties of those in management positions

• 63 Duties of manager of mining engineering
• 64 Duties of manager of electrical engineering
• 65 Duties of manager of mechanical engineering
• 66 Those in management positions must comply with health and safety management system
• 67 Those in management positions must inform operator of non-compliance
• 68 Penalty for offence against this Division

Division 5 - Duties of supervisors

• 69 Supervisor must comply with health and safety management system
• 70 Supervisor must inform operator of non-compliance
• 71 Penalty for offence against this Division

Division 6 - Duties of contractors

• 72 Contractor must comply with operator's health and safety management system
• 73 Duties of contractors regarding safe work method statement
• 74 Contractor to ensure work carried out in accordance with safe work method statement
• 75 Contractor must prepare and implement WHS management plan
• 76 Contractor's duties regarding subcontractors
• 77 Penalty for offence against this Division

Division 7 - Duties of exploration holders and others to give notice

• 78 Duty to give notice of drilling operations
• 79 Other duties to give notice
• 80 Penalty for offence against this Division

Division 8 - General

• 81 Person may have more than one duty
• 82 Relationship between duties under this Part and regulations
83. (Repealed)
• 84 Multiple contraventions of general duties under this Part
• 85 Civil liability not affected by this Part

PART 6 - SAFETY OF COAL OPERATIONS

Division 1 - Methods or systems of working mines

• 86 Barriers and protective pillars
• 87 Minister may give directions regarding barriers and pillars
• 88 Minister may direct carrying out of works
• 89 Minister may grant approval to mine barrier or pillar
• 90 Penalty for offence against this Division

Division 2 - Closing of shafts and outlets in abandoned mines

• 91 Application of this Division
• 92 Closing of shafts and outlets
• 93 Chief Inspector may require further work
• 94 Obstruction of operator of mine
• 95 Certain unenclosed shafts or outlets to be public nuisances
• 96 Owners of land on which abandoned mines are situated may be required to close shafts and outlets
• 97 Penalty for offence against this Division

Division 3 - Control of emplacement areas

• 98 Definitions
• 99 Minister may direct occupier of land to make emplacement area safe
• 100 Establishment of emplacement areas
• 101 Discontinuance of use of emplacement areas
• 102 Construction and use of emplacement areas
• 103 Date of effect of decisions and notices
• 104 Penalty for offence against this Division

Division 4 - Tourist and educational activities

• 105 Definitions
• 106 Tourist activities in mines or use of mines for educational purposes not allowed without a permit
• 107 Issue of tourist and educational permits
• 108 Revocation or variation of permits
• 109 Minister and certain other persons not liable in certain circumstances

PART 7 - NOTIFICATION OF INCIDENTS

Division 1 - Notification of certain incidents

• 110 Notification of certain incidents and other matters
• 111 Non-disturbance of plant involved in notifiable incidents (and of surrounding area)
• 112 Penalty for offence against this Division

Division 2 - Inquiries

• 113 Boards of Inquiry
• 114 Witnesses and evidence at special inquiries
• 115 Report by Board of Inquiry
• 116 No appeal against exercise of functions by Boards of Inquiry
• 117 Penalty for offence against this Division

PART 8 - STOP WORK ORDERS

• 118 Minister to make stop work orders
• 119 Prior notification of making of stop work order not required
• 120 Extension of stop work order
• 121 Consultation about modification of proposed detrimental action
• 122 Stop work order prevails over other instruments
• 123 Costs of enforcing stop work order
• 124 Offence: failure to comply with a stop work order

PART 9 - COMPETENCE STANDARDS

Division 1 - Key obligations

• 125 Regulations may specify functions to which this Part applies
• 126 Operator to ensure only competent people employed to perform specified functions
• 127 Contractor to ensure only competent people employed to perform specified functions
• 128 Only competent people to perform specified functions
• 129 Penalty for offence against this Division
Division 2

Division 3 - Functions of Board

• 134 Functions of Board
135. (Repealed)

Division 4 - Certificates of competence

• 136 Certificates of competence may be granted
• 137 Regulations concerning competence standards
• 138 Ministerial orders

Division 5 - Offences

• 139 Offences: certificates of competence
• 140 Offence of forging or having forged document
• 141 False or misleading statements
• 142 Offences if a person's competence is declared as not recognised
• 143 Penalty for offence against this Division

PART 10 - OVERSIGHT OF COAL OPERATIONS

Division 1 - Outline of this Part

• 144 Outline of this Part

Division 2 - Inspections by government officials

• 145 Appointment of government officials
• 146 Qualifications of inspectors
• 147 Appointment of consultants as investigators
• 148 Absence of Chief Inspector
Subdivision 2 - Functions of government officials
• 149 Functions of Chief Inspector
• 150 Bringing concerns regarding health, safety or welfare to the attention of operators
• 151 Consideration and investigation of complaints
• 152 Audit and review of health and safety management systems
• 153 Additional functions
Subdivision 3 - Powers of government officials Note 154. (Repealed)
• 155 Power of entry at any time
• 156 Power to require plan

Division 3 - Inspections on behalf of work force

• 157 Site check inspectors
• 158 Trigger for election
• 159 Conduct of election of site check inspectors
• 160 Term of office
• 161 Disqualification of site check inspectors
• 162 Vacation of office of site check inspector
• 163 Notification of election
• 164 Functions of site check inspectors
• 165 Training of site check inspectors
• 166 Rights of site check inspectors
• 167 Duties of operators in relation to site check inspectors
• 168 Duties of contractors in relation to site check inspectors
• 169 Assistance to site check inspectors
• 170 Reports by site check inspectors
• 171 Reporting of dangers
Subdivision 2 - Electrical check inspectors
• 172 Electrical check inspectors
Subdivision 3 - Industry check inspectors
• 173 Appointment of industry check inspectors
• 174 Functions of industry check inspectors
• 175 Powers of industry check inspectors to suspend operations
• 176 Industry check inspector may delegate functions to site check inspector
• 177 Care to be taken
• 178 Identification of industry check inspectors
Subdivision 4 - Inspections on behalf of work force
• 179 Inspections by check inspectors
• 180 Check inspector may be accompanied by operator's representative
• 181 Check inspector must not leave work without prior notice

Division 4 - Offences

• 182 Offence of failing to comply with requirement of government official
• 183 Offence of interfering with check inspector or government official
• 184 Offence of impersonating a check inspector or government official

PART 11 - COAL MINING INDUSTRY CODES OF PRACTICE

• 185 Purpose of industry codes of practice
• 186 Minister may prepare draft codes
• 187 Consultation on draft codes
• 188 Approval of codes by Minister
• 189 Publication, commencement and availability of codes
• 190 Amendment or revocation of codes
• 191 Use of codes

PART 12 - REGULATIONS

• 192 Regulations: general power
• 193 Regulations: specific miscellaneous powers
• 194 Regulations regarding classification of underground mines
• 195 Regulations may require verification by statutory declaration
• 196 Regulations may prescribe decisions that are to be administratively reviewable by Civil and Administrative Tribunal
• 197 Regulations: adapting duties under Part 5
• 198 Regulations concerning application of Part 5 to contractors
• 199 Regulations may adopt other publications
• 200 Regulations may create criminal offences
• 201 Exemptions
• 202 Regulations relating to consultation

PART 13 - MISCELLANEOUS

Division 1 - Enforcement

• 203 Offences by corporations
• 204 Aiding and abetting etc
• 205 Defence
• 206 Defences to criminal proceedings not affected by this Act

Division 2 - Information

• 207 Disclosure of information
• 208 False or misleading statements
• 209 Defence

Division 3 - Exercise and delegation of functions

• 210 Chief Inspector subject to Ministerial control
211. (Repealed)
• 212 Delegation of functions by the Minister
• 213 Delegation of functions by Chief Inspector
• 214 Delegation of functions by Director-General

Division 4 - Service of documents

• 215 Service of documents
• 216 Supply of documents to an operator
• 217 Supply of documents to Chief Inspector
• 218 Supply of documents to an industry check inspector

Division 5 - Fees

• 219 Fees

Division 6 - General

• 220 Protection from liability
• 221 No obligation to exercise power

PART 14 - REPEALS AND AMENDMENTS

• 222 Repeals
223, 224. (Repealed)
• 225 Savings, transitional and other provisions
• 226 Review of Act
Schedule 2 (Repealed)
• SCHEDULE 3