New South Wales Repealed ActsThis legislation has been repealed.
- As at 1 September 2008
- Act 75 of 1901
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Commencement, name of Act and application of Act
2. (Repealed)
3. Repeal
4. Definitions
4A. Definition of “mine”
4B. Proclamations
4C. Act to bind the Crown
PART 2 - GENERAL MANAGERS, PRODUCTION MANAGERS, ENGINE-DRIVERS AND SHOTFIRERS
Division 1 - General managers and production managers
5. Appointment of general manager of mine
5A. Appointment of temporary general manager
5B. Production operations to be supervised by qualified person
5C. Chief Inspector may grant production managers’ permits
5D. Delegation by general manager
6. Board of examiners for production managers
7. Grant of certificates of competency
8. Grant of certificate of service as production manager of above ground mine
9. Certificates granted outside New South Wales
10. Form of certificates
11. Register of certificates
Division 2 - Engine-drivers
12. Penalty on unqualified person taking charge of machinery
13. Board of examiners for engine-drivers
14. Grant of certificates to applicants on passing examination
15. (Repealed)
16. Certificates granted outside of New South Wales
17. Certificates to contain particulars
18. Register of certificates
18A. Medical examination of holders of certificates
Division 2A - Maintenance of competencies by holders of certificates of competency as production manager
18C. Production manager to provide evidence of competencies after absence
18D. Exemptions
Division 2B - Shotfirers
18E. Blasting operations to be undertaken by qualified persons
18F. Board of examiners for shotfirers
18G. Grant of certificates of competency as shotfirers
18H. Certificates granted outside New South Wales
18I. Form of certificates
18J. Inspector may grant shotfirers’ permits
18K. Register of certificates
Division 3 - General managers, production managers, engine-drivers and shotfirers
19. Inquiry into conduct of general manager, production manager, engine-driver or shotfirer
20. Costs and expenses of inquiry
21. Record of cancellation of certificate and restoration in certain cases
22. Copy of certificate in case of loss
23. Expenses in relation to certificates and permits and application of fees
24. Penalty for forgery or false declaration
PART 3 - EMPLOYEES
Division 1 - (Repealed)
None
Division 2 - Restriction on employment
26. Persons who must not be employed in mines
27. (Repealed)
28. Records of employment
29. Hours of work and associated working arrangements below ground
30. Chief Inspector may require alteration of hours of work etc
30A. Display of shift roster regimes
30B. Recording of hours worked
31. Penalty for contravention of this Division
PART 4 - INSPECTION AND MANAGEMENT
Division 1 - Inspection
32. Appointment of inspectors
32A. Delegation by Chief Inspector
33. (Repealed)
34. Disqualification of persons as inspectors
35. Appointment and functions of mine safety officers
36. Powers of inspectors and mine safety officers
36A. Supplementary powers of inspectors and mine safety officers
36B. Inspector or mine safety officer to inform mine management of certain matters
36C. Offences
37. Notice to be given of cause of danger
37A. Order to withdraw persons from mine
38. Notice and directions of inspector to be entered in book
39. (Repealed)
40. Annual reports
Division 2 - Plans, returns, notices, and abandonment
41. Plans to be furnished
42. Where mine abandoned, plans to be deposited with Minister
42A. Furnishing of statistics, returns etc
42B. Drillholes
43. (Repealed)
44. Notice to be given of opening and abandonment of mine
45. Abandoned mine to be protected
Division 3 - Risk management strategies
46. Risk management strategies
Division 4 - Serious accidents, dangerous incidents and certain diseases
47. Notification of serious accidents or dangerous incidents
47A. Serious accident or dangerous incident site not to be disturbed
47B. Inspection of serious accident or dangerous incident
47C. Notification of certain diseases
47D. Notification of death resulting from serious accident or disease
47E. Records to be kept of certain accidents
47F. Determinations as to investigations
47G. Investigations by inspectors
47H. Functions of investigators
47I. Reports by investigators
47J. Other persons who may be investigators
47K. Special reports
47L. Boards of Inquiry
47M. Witnesses and evidence at special inquiries
47N. Additional functions of Boards of Inquiry
47O. Report by Board of Inquiry
47P. No appeals against exercise of functions by Boards of Inquiry
48. (Repealed)
PART 4A - TOURIST AND EDUCATIONAL ACTIVITIES
48A. Definitions
48B. Tourist and educational activities in certain mines to be authorised by permit
48C. Issue of permits
48D. Revocation of permits etc
PART 5 - (Repealed)
None
PART 6 - RULES
Division 1 - General rules
55. (Repealed)
56. General rules
57. Non-compliance with rules
Division 2 - Special rules
58. Special rules for certain mines
59–64. (Repealed)
Division 3 - Publication of rules
65. Publication of abstract of Act and general rules and copy of special rules
66. Pulling down or defacing notices
PART 7 - LEGAL PROCEEDINGS AND MISCELLANEOUS
Division 1 - Legal proceedings
67. Penalty for offences against Act
68. Imprisonment for wilful neglect, endangering life or limb
69. Proceedings for offences
70. (Repealed)
71. Prosecution of owners, general managers and others
72. Report of result of proceedings against workmen
73. Saving for proceedings under other Acts
74. Application of fines
75. Service of notices
Division 2 - Miscellaneous
76. Decision of question whether a mine is under this Act
76A. Delegation of functions by Director-General
77. Government Geologist and Geological Surveyors may enter mines
77A. Exercise of inspector’s powers under Occupational Health and Safety Act 2000
78. Powers of Minister as to making and revoking orders
79. Regulations
80. Entry to ascertain if encroachment exists
81. Disclosure of information
82. Savings and transitional provisions
Schedule 2 (Repealed)
SCHEDULE 3