New South Wales Repealed Regulations

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This legislation has been repealed.

COAL MINES (UNDERGROUND) REGULATION 1999 - REG 205

Exemptions from complying with provisions of this Regulation

205 Exemptions from complying with provisions of this Regulation

A mine manager may apply to the Chief Inspector in writing for an order under section 174 (5) of the Act that any specified provision of this Regulation:

(a) does not apply to or in respect of any specified person or class of person or any specified act, matter or thing or class of act, matter or thing, or
(b) does not so apply in specified circumstances.
Note:
Offences and penalties. Section 160 (l) of the Act provides that a person who contravenes or fails to comply with any provision of the regulations is guilty of an offence against the Act. Under section 166 of the Act, the penalty for such an offence is 40 penalty units (for an individual) and 100 penalty units (for a corporation) or, if the offence was wilful and was likely to, or did, endanger safety, cause serious personal injury or cause a dangerous accident, imprisonment for up to 12 months.
Section 161 (1) of the Act provides that, if a person commits an offence against the Act in relation to a mine or declared plant, the owner and manager of the mine or plant and certain other officials are also each guilty of an offence.
Section 163 of the Act provides that a person who aids, abets, counsels, induces or procures, or consents to or connives at, the commission of an offence against the Act by another person is guilty of an offence.
Section 164 of the Act sets out certain defences to proceedings for offences against the Act.



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