New South Wales Repealed Acts

This legislation has been repealed.

MINES INSPECTION ACT 1901 - SECT 29

29 Hours of work and associated working arrangements below ground

(1) Except in cases of emergency, a person other than an owner or a person acting in the management of the mine is not to be employed below ground in a mine for more than 8 consecutive hours at any time or for more than 48 hours in a period of 7 consecutive days, and each person employed below ground in a mine is to have at least one full day of 24 consecutive hours off work in each period of 7 consecutive days.

(2) Despite subsection (1), the general manager of a mine at which persons are employed, or are to be employed, below ground may determine the hours of work so as to require persons to work below ground in the mine for more than 8 consecutive hours or for more than 48 hours in a period of 7 consecutive days and may determine the associated working arrangements. If this requires any alteration to the hours of work or associated working arrangements of persons employed underground at the mine then no such alteration may be made until the general manager has consulted with those persons and with representatives of any trade unions representing them and has obtained agreement to the alterations of not less than 65% of the persons employed underground. The general rules may make provision for or with respect to the manner in which the persons employed underground and the representatives of trade unions are to be consulted.

(3) In determining hours of work and associated working arrangements below ground, the general manager is, nevertheless, to comply with the Occupational Health and Safety Act 2000 .

(4) Except in cases of emergency or with the approval of the Chief Inspector of Mines, a person other than an owner or person acting in the management of a mine must not be employed at the mine for more than 8 consecutive hours at any time:

(a) in a shaft, except in a cage, or

(b) in any situation in which there is a danger of falling down a shaft, such as at work in close proximity to an unguarded shaft.

(5) In this section, "shaft" does not include a pit except in circumstances in which the general rules provide that it is to include a pit.

(6) Despite the provisions of the Mining Act 1992 or the Offshore Minerals Act 1999 , a condition of a mining lease or a mining licence that is inconsistent with this section is, to the extent of the inconsistency, of no effect.

(7) This section extends to the alteration of hours of work and associated working arrangements below ground in force at the commencement of the Mines Inspection (Amendment) Act 1993 .