MINE HEALTH AND SAFETY ACT 2004 - As at 1 February 2015 - Act 74 of 2004

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Definitions
• 4 When a person is at work
• 5 Risks arising from activities at work

PART 2 - APPLICATION OF ACT

• 6 Application of Act
• 7 Act does not apply to certain mines or places
• 8 Decision on question of whether this Act applies
• 9 Act does not apply to coal operations
• 10 Act does not apply to railway operations
• 11 Act does not apply to civil engineering works
• 12 Act does not apply to certain other operations
• 13 Act to bind Crown

PART 3 - OBJECTS OF ACT

• 14 Objects of Act

PART 4 - APPLICATION OF WORK HEALTH AND SAFETY ACT 2011

• 15 Act to be read in conjunction with WHS Act
• 16 Act adds to protection provided by WHS Act
• 17 WHS Act prevails
• 18 Compliance with this Act is no defence to prosecution under WHS Act
• 19 Evidence of contraventions of this Act and WHS Act
• 20 No double jeopardy
21. (Repealed)

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

Division 1 - Duties of mine holders

• 22 Duty to nominate the operator of a mine
• 23 Chief Inspector may declare person as operator
• 24 Mine holder must give operator health and safety information
• 25 Penalty for offence against this Division

Division 2 - Duties of operators of mines

• 26 Worker safety
Subdivision 2 - Mine safety management plans
• 27 Duty of operator to prepare mine safety management plan
• 28 No work directly related to mining without mine safety management plan
• 29 Duty of operator to ensure compliance with mine safety management plan
• 30 Contents of mine safety management plan
• 31 Consultation
• 32 Obligations concerning mine safety management plan
• 33 Access to mine safety management plan
• 34 Former operator must return information
Subdivision 3 - Management structure
• 35 Operator must prepare management structure
• 36 Register of persons occupying positions
Subdivision 4 - Duties regarding contractors
• 37 Operator to prepare contractor management plan
• 38 Content of contractor management plan
• 39 Operator to ensure contractor's familiarity with systems
• 40 Duties of operator regarding contractors
Subdivision 5 - Emergency management
• 41 Meaning of "emergency"
• 42 Operator must prepare emergency plan
• 43 No mining or quarrying without emergency plan
• 44 Contents of emergency plan
• 45 Review and testing
Subdivision 6 - Keeping of records and reporting
• 46 Keeping of records by operators
• 47 Reporting by operators
Subdivision 7 - Penalties
• 48 Penalty for offence against this Division
Subdivision 8 - Saving of certain notices and directions
• 49 Saving of certain notices and directions

Division 3 - Duties and rights of employees

• 50 Duties of employees
• 51 Rights of employees
• 52 Unlawful dismissal or other victimisation of employee
• 53 Division applies to employees of contractor

Division 4 - Duties of persons in management positions

• 54 Persons in management positions must comply with mine safety management plan
• 55 Persons in management positions must inform operator of non-compliance
• 56 Further obligations
• 57 Penalty for offence against this Division

Division 5 - Duties of supervisors

• 58 Supervisor must comply with mine safety management plan
• 59 Supervisor must inform operator of non-compliance
• 60 Further obligations
• 61 Penalty for offence against this Division

Division 6 - Duties of and in relation to contractors

• 62 Contractor must comply with operator's mine safety management plan
• 63 Contractor's safety management plan
• 64 Duties of contractors regarding safe work method statement
• 65 Contractor to ensure work carried out in accordance with safe work method statement
• 66 Contractor's duties regarding subcontractors
• 67 Penalty for offence against this Division

Division 7 - Duty to give notice

• 68 Duty to give notice of drilling operations
• 69 Regulations may require notice to be given
• 70 Penalty for offence against this Division

Division 8 - General

• 71 Person may have more than one duty
• 72 Relationship between duties under this Part and regulations
• 73 Multiple contraventions of duties under this Part
• 74 Civil liability not affected by this Part

PART 6 - MISCELLANEOUS MATTERS CONCERNING MINES

Division 1 - Mine plans

• 75 Regulations concerning mine plans

Division 2 - Hours of work

• 76 Hours of work and associated working arrangements below ground
• 77 Chief Inspector may require alteration of hours of work
• 78 Regulations concerning hours of work
• 79 Display of shift roster regimes
• 80 Recording of hours worked
• 81 Penalty for offence against this Division
• 82 Defence

Division 3 - Tourist and educational activities

• 83 Definitions
• 84 Tourist activities in mines or use of mines for educational purposes not allowed without a permit
• 85 Issue of tourist and educational permits
• 86 Revocation or variation of permits
• 87 Minister and certain other persons not liable in certain circumstances

PART 7 - NOTIFICATION OF INCIDENTS

Division 1 - Notification of certain incidents

• 88 Notification of certain incidents and other matters
• 89 Non-disturbance of plant involved in notifiable incidents (and of surrounding area)
• 90 Records of notifications
• 91 Penalty for offence against this Division

Division 2 - Health and safety

• 92 Records of medical and first aid treatment
• 93 Offence relating to reporting of health or safety matters
• 94 Penalty for offence against this Division

Division 3 - Inquiries

• 95 Boards of Inquiry
• 96 Witnesses and evidence at special inquiries
• 97 Report by Board of Inquiry
• 98 No appeal against exercise of functions by Boards of Inquiry
• 99 Penalty for offence against this Division

PART 8 - STOP WORK ORDERS

• 100 Minister may make stop work order
• 101 Prior notification of making of stop work order not required
• 102 Extension of stop work order
• 103 Consultation about modification of proposed detrimental action
• 104 Stop work order prevails over other instruments
• 105 Costs of enforcing stop work order
• 106 Offence: failure to comply with a stop work order

PART 9 - COMPETENCE STANDARDS

Division 1 - Key obligations

• 107 Regulations may specify functions to which this Part applies
• 108 Operator to ensure only competent persons employed to perform specified functions
• 109 Contractor to ensure only competent persons employed to perform specified functions
• 110 Only competent persons to perform specified functions
• 111 Penalty for offence against this Division

Division 2 - Mining Competence Board

• 112 Mining Competence Board
• 113 Ministerial control of Board
• 114 Membership of Board
• 115 Procedure of Board

Division 3 - Functions of Board

• 116 Functions of Board
• 117 Annual report

Division 4 - Certificates of competence

• 118 Certificates of competence may be granted
• 119 Regulations concerning competence standards
• 120 Power to make orders

Division 5 - Offences

• 121 Offences: certificates of competence
• 122 Offence of forging or having forged document
• 123 False or misleading statements
• 124 Offences if a person's competence is declared as not recognised
• 125 Penalty for offence against this Division

PART 10 - OVERSIGHT OF MINES

Division 1 - Outline of this Part

• 126 Outline of this Part

Division 2 - Inspections by government officials

• 127 Appointment of government officials
• 128 Qualifications of inspectors
• 129 Appointment of consultants as investigators
Subdivision 2 - Functions of government officials
• 130 Functions of Chief Inspector
• 131 Bringing concerns regarding health, safety or welfare to the attention of operators
• 132 Consideration and investigation of complaints
• 133 Audit and review of mine safety management plans and other arrangements
• 134 Additional functions
Subdivision 3 - Powers of government officials Note
• 135 Powers of entry at any time
• 136 Power to cross land
• 137 Power to require plan

Division 3 - Inspections on behalf of work force

• 138 Site check inspectors
• 139 Trigger for election
• 140 Conduct of election of site check inspectors
• 141 Term of office
• 142 Vacation of office of site check inspector
• 143 Notification of election
• 144 Functions of site check inspectors
• 145 Training of site check inspectors
• 146 Duties of operators in relation to site check inspectors
• 147 Duties of contractors in relation to site check inspectors
• 148 Assistance to site check inspectors
• 149 Reports by site check inspectors
Subdivision 2 - Inspections on behalf of work force
• 150 Inspections by site check inspectors
• 151 Site check inspector may be accompanied by operator or operator's representative
• 152 Site check inspector must not leave work without prior notice
• 153 Power to cross land

Division 4 - Offences

• 154 Offence of failing to comply with requirement of government official
• 155 Obstruction of site check inspectors in exercise of functions
• 156 Offence of interfering with site check inspector or government official
• 157 Offence of impersonating a site check inspector or government official

PART 11 - MINING INDUSTRY CODES OF PRACTICE

• 158 Purpose of industry codes of practice
• 159 Minister may prepare draft codes
• 160 Consultation on draft codes
• 161 Approval of codes by Minister
• 162 Publication, commencement and availability of codes
• 163 Amendment or revocation of codes
• 164 Use of codes

PART 12 - REGULATIONS

• 165 Regulations: general power
• 166 Regulations: specific miscellaneous powers
• 167 Regulations may prescribe decisions that are administratively reviewable by NCAT
• 168 Regulations: adapting duties under Part 5
• 169 Regulations concerning application of Part 5 to contractors
• 170 Regulations may adopt other publications
• 171 Regulations may create criminal offences
• 172 Exemptions
• 173 Regulations relating to consultation

PART 13 - MISCELLANEOUS

Division 1 - Enforcement

• 174 Offences by corporations
• 175 Aiding and abetting etc
• 176 Defence
• 177 Defences to criminal proceedings not affected by this Act

Division 2 - Information

• 178 Disclosure of information
• 179 False or misleading statements
• 180 Defence

Division 3 - Exercise and delegation of functions

• 181 Chief Inspector subject to Ministerial control
• 182 Delegation of functions by Minister
• 183 Delegation of functions by Chief Inspector
• 184 Delegation of functions by Director-General

Division 4 - Service of documents

• 185 Service of documents
• 186 Supply of documents to operator
• 187 Supply of documents to Chief Inspector

Division 5 - Fees

• 188 Fees

Division 6 - Liability

• 189 Protection from liability
• 190 No obligation to exercise power

Division 7 - (Repealed)

Division 8 - General

• 196 Savings, transitional and other provisions
• 197 Review of Act
Schedule 4 (Repealed)
• SCHEDULE 5