New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
- As at 23 December 2006
- Act 67 of 1982
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. (Repealed)
4. Act applies only to coal mines except where otherwise expressly enacted
5. Definitions
6. Act binds Crown
PART 2 - ADMINISTRATION
Division 1 - Departmental inspectors and mine safety officers
7. Appointment of inspectors
8. Qualifications of inspectors
9. Disclosure of financial interests by inspectors
10. Functions of inspectors
11. Absence of Chief Inspector and Deputy Chief Inspector of Coal Mines
12. Annual reports by inspectors
12A. Functions of mine safety officers
Division 2 - Coal Mining Qualifications Board
13. Constitution of Board
14. Functions of Board
15. Examiners
16. Expenses of Board
17. Annual report
18. Provisions relating to members and procedure of Board
Division 3 - Certificates of competency
19. Certificates that may be granted
20. Examinations and qualifications for certificates of competency
21. Holders of certain certificates may be appointed to other positions
22. Register
23. Rules
24. Regulations
Division 4 - Suspension or cancellation of certificates of competency
25. Notice to show cause
26. Procedure following service of a notice to show cause
27. Hearing and determination by a court
28. Suspension of certificates pending hearing
29. Surrender of certificates
30. Restoration of certificates
31. Minister to give effect to court’s recommendations
PART 3 - MANAGEMENT OF MINES
Division 1 - Management generally
32. Duties of owners
33. Officials, order of seniority of mining officials and appointments
34. Superintendents
35. Appointment of assistant superintendents
36. Managers
37. Functions of managers
38. Deputy managers
39. Under-managers in charge
40. Under-managers
41. Functions of under-managers in charge and under-managers
42. Deputies
42A. Senior examiners of open cut mines
43. Examiners of open cut mines
44. Mining surveyors, mine electrical engineers and mine mechanical engineers
45. Appointment, qualifications and duties of certain officials etc
46. Notification of appointment or nomination of certain officials and of changes in names etc
Division 2 - Immediate supervision of working of mines
47. Definitions
48. Manager or other official to attend mine being worked
48A. Irregular attendance by manager
49. Working of mines where limited operations being undertaken
50. Under-manager in charge or acting under-manager in charge to be in attendance on each day on which a mine is worked
51. Person qualified to be an under-manager to be in charge on any shift
Division 3 - Owner’s instructions to mine officials and employees
52. Manager may require instructions to be confirmed in writing
53. Instructions to employees to be given through the manager
54. Certain instructions not to be executed unless confirmed
55. Instructions confirmed in writing to be preserved
Division 4 - Delegation of functions by the manager of a mine
56. Manager may delegate functions
57. Instruments of delegation to be countersigned by delegate
58. Copies of instruments of delegation to be sent to the district inspector
PART 4 - MINE INSPECTION AND SAFETY PROVISIONS
Division 1 - Inspectors’ and mine safety officers’ powers of entry, inspection etc
59. Powers generally
60. Supplementary powers
61. Inspector or mine safety officer to inform mine management of exercise of certain powers
61A. Accident investigation reports
62. Offences
Division 2 - Inspectors’ powers where mine dangerous
63. Inspector may impose prohibitions or restrictions or direct evacuation or closure of mine
63A. Engineering inspector may act to preserve health or safety
64. Authorised persons may enter mine to carry out repairs etc
65. Objections to notices, directions etc
66. Prohibition etc to be complied with notwithstanding objection or appeal
67. Offence
68. Court orders
Division 3 - Departmental officers’ powers of entry
69. Authorised officers may enter mines for certain purposes
70. Obstruction etc of authorised officers
Division 4 - Inspections on behalf of workers
71. Check inspectors
72. Election of check inspectors
73. Powers of check inspectors
74. Assistance to check inspectors
75. Reports by check inspectors
76. Reporting of dangers
77. District check inspectors
78. Election of district check inspectors
79. District check inspector may act as check inspector
80. Electrical check inspectors
81. Election of electrical check inspectors
82. Powers of electrical check inspectors
83. Reporting of dangers
84. Notification of election
Division 5 - Notification of accidents and dangerous occurrences
85. Definitions
86. Notification of accidents
87. Notice of death following injury
88. Accidents involving persons not employed by the owner of a mine
89. Notification of dangerous occurrences
90. Place of accident or occurrence not to be disturbed
91. Inspectors to visit mine and report as soon as practicable
92. Location and nature of accidents to be recorded
Division 6 - Investigation of accidents and dangerous occurrences
93. Definitions
93A. Determinations as to investigations
93B. Investigations by inspectors
93C. Functions of investigators
93D. Reports by investigators
93E. Other persons who may be investigators
94. Minister may require special reports
94A. Boards of Inquiry
94B. Witnesses and evidence at special inquiries
94C. Additional functions of Boards of Inquiry
94D. Report by Board of Inquiry
94E. No appeals against exercise of functions by Boards of Inquiry
95. Minister may direct the court to hold a formal investigation
96. Powers of court
97. Witnesses’ expenses
98. Report to Minister
99. Costs of investigations or special inquiries
100. Offences
Division 7 - Rules and schemes
101. Transport rules
102. Support rules
103. Schemes for the testing of electrical or mechanical apparatus
104. Other rules or schemes
105. Copies of rules and schemes to be sent to the district inspector
106. District inspector may require changes to rules and schemes
107. Appeal to Chief Inspector
108. Appeal to court (support rules)
108A. Delegations by rules or a scheme
109. Manager to comply with notice
110. Date of effect of rules or schemes
111. Copies of rules and schemes to be available
112. Officials and other persons to comply with rules and schemes
113. Form of rules or schemes
Division 8 - Training rules
113A. Definition
114. Manager of mine to ensure that employees undertake training
115. Making of training rules
116. Appeal to court
117. Copy of training schemes to be sent to the district inspector
118. Copy of training rules to be sent to the district inspector
119. Training certificates
120. Employees to comply with training rules
Division 9 - Closing of shafts and outlets in abandoned mines
121. Closing of shafts and outlets
122. Obstruction of owner of mine
123. Certain unenclosed shafts or outlets to be public nuisances
124. Owners of land on which abandoned mines are situated may be required to close shafts and outlets
Division 10 - Control of emplacement areas
125. Definitions
126. Establishment of emplacement areas
127. Discontinuance of use of emplacement areas
128. Emplacement areas in use at the commencement of this Division
129. Construction and use of emplacement areas
130. Tipping rules
131. Appeal to court against Minister’s decision
132. Objections to Chief Inspector against inspector’s requirements
133. Date of effect of decisions etc
PART 5 - OPERATION OF MINES
Division 1 - Notice of operations etc
134. Notice of commencement, discontinuance etc of operations
135. Drilling of boreholes
136. Cores and samples
137. Backfilling or sealing of boreholes
Division 2 - Methods or systems of working mines
138. Bord and pillar system to be used in underground mines
139. Barriers and protective pillars
140. Seams liable to spontaneous combustion
141. Methane drainage system
Division 3 - Prospecting operations
142. Definitions
143. Notification of commencement of drilling operations
144. Supervisors of prospecting areas
145. Application of the provisions of this Act or the regulations to prospecting areas
PART 5A - DECLARED COAL PREPARATION PLANTS
145A. Definitions
145B. Declared plant
145C. Instructions relating to safety and health
145D. Duties of owner of declared plant
145E. Plant manager
145F. Functions of plant manager
145G. Plant manager or acting manager to attend plant each working day
145H. Irregular attendance by plant manager
145I. Supervision and inspection of plant
145J. Suspension of employee by plant manager
145K. Notice of commencement, discontinuance etc of operation of plant
145L. Disused and abandoned plants
145M. Application of certain provisions of Part 4
145N. Rules and schemes
PART 6 - REGULATION OF TOURIST AND EDUCATIONAL ACTIVITIES IN MINES
146. Definitions
147. Tourist activities in mines or use of mines for educational purposes not allowed without a permit
148. Issue of tourist and educational permits
149. Revocation or variation of permits
PART 7 - LEGAL PROVISIONS
Division 1 - Court of Coal Mines Regulation
150. Constitution of a Court of Coal Mines Regulation
151. Assessors
152. Jurisdiction of court
153. Proceedings of court
154. Appeals from court
155. Rules of court
Division 2 - Offences and proceedings for offences
156. Where proceedings taken
157. Time for taking proceedings
158. Continuing offences
159. Evidence
160. Offences against Act
161. Liability of owners etc where offence committed
162. Liability of directors etc of corporations
163. Aiding, abetting etc
164. Defences
165. Proceedings by owners etc-advice of result
166. Penalties
PART 8 - GENERAL
167. Delegation of functions by the Minister or the Chief Inspector
167A. Delegation of functions by Director-General
167B. Exercise of inspector’s powers under Occupational Health and Safety Act 2000
168. Hours of working of mine employees
168A. Protection of employees
169. Service of notices
170. Appointments to be in writing
171. Records, returns and information
172. Continuation of appointments etc made by owners or officials of mines
173. Finance
174. Regulations
175. Savings and transitional provisions
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3