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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Mining and Other Legislation
(Safety and Health Fee)
Amendment Bill 2008
Queensland
Mining and Other Legislation (Safety and
Health Fee) Amendment Bill 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Coal Mining Safety And Health Act 1999
2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 129D (Functions of authorised officers) . . . . . . 4
4 Amendment of s 282 (Regulation-making power) . . . . . . . . . . . . 4
Part 3 Amendment of Explosives Act 1999
5 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Insertion of new s 80A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
80A Function of inspector . . . . . . . . . . . . . . . . . . . . . . . . . 6
7 Amendment of s 135 (Regulation-making power) . . . . . . . . . . . . 6
Part 4 Amendment of Mining And Quarrying Safety And Health
Act 1999
8 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Amendment of s 126D (Functions of authorised officers) . . . . . . 7
10 Amendment of s 262 (Regulation-making power) . . . . . . . . . . . . 8
2008
A Bill
for
An Act to amend the Coal Mining Safety and Health Act 1999,
the Explosives Act 1999 and the Mining and Quarrying Safety
and Health Act 1999 for particular purposes
Mining and Other Legislation (Safety and Health Fee) Amendment Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Mining and Other Legislation 4
(Safety and Health Fee) Amendment Act 2008. 5
Part 2 Amendment of Coal Mining 6
Safety And Health Act 1999 7
Clause 2 Act amended in pt 2 8
This part amends the Coal Mining Safety And Health Act 9
1999. 10
Clause 3 Amendment of s 129D (Functions of authorised officers) 11
Section 129D-- 12
insert-- 13
`(h) to investigate whether persons required to provide 14
information to the chief executive under this Act have 15
provided the information and whether the information is 16
correct.'. 17
Clause 4 Amendment of s 282 (Regulation-making power) 18
Section 282, after subsection (2)-- 19
insert-- 20
Page 4
Mining and Other Legislation (Safety and Health Fee) Amendment Bill 2008
Part 2 Amendment of Coal Mining Safety And Health Act 1999
[s 4]
`(3) Without limiting subsection (1) or schedule 2, part 1, item 6, a 1
regulation may be made about assessing, charging and 2
recovering fees payable to cover the cost of the department's 3
activities carried out for the purposes of safety and health for 4
coal mining operations. 5
`(4) Without limiting subsection (3), a regulation may provide for 6
any of the following-- 7
(a) the types of activities for which fees may be charged and 8
recovered; 9
(b) the fees to be charged; 10
(c) the way the fees are calculated including, for the first 11
time the fees are charged, prescribing the way based on 12
criteria in place before the commencement of the 13
regulation; 14
(d) who must pay the fees; 15
(e) how, when, where, and to whom, the fees must be paid; 16
(f) the calculation of interest payable on unpaid fees; 17
(g) the information that must be provided to the chief 18
executive by the persons who must pay the fees; 19
(h) how, when, where, and to whom, the information is to 20
be provided; 21
(i) investigations by authorised officers to obtain and check 22
the information. 23
`(5) However, a regulation must not be made under subsection (3) 24
or (4) for the purpose or effect of funding the development or 25
demonstration of technology which will assist in reducing the 26
production or emission of Greenhouse Gas from the use of 27
coal. 28
Note-- 29
See the Clean Coal Technology Special Agreement Act 2007, schedule, 30
section 2.5.'. 31
Page 5
Mining and Other Legislation (Safety and Health Fee) Amendment Bill 2008
Part 3 Amendment of Explosives Act 1999
[s 5]
Part 3 Amendment of Explosives Act 1
1999 2
Clause 5 Act amended in pt 3 3
This part amends the Explosives Act 1999. 4
Clause 6 Insertion of new s 80A 5
After section 80-- 6
insert-- 7
`80A Function of inspector 8
`An inspector has the function to investigate whether persons 9
required to provide information to the chief executive under 10
this Act have provided the information and whether the 11
information is correct.'. 12
Clause 7 Amendment of s 135 (Regulation-making power) 13
(1) Section 135(3)-- 14
renumber as section 135(6). 15
(2) Section 135, after subsection (2)-- 16
insert-- 17
`(3) Without limiting subsection (1) or (2)(a), a regulation may be 18
made about assessing, charging and recovering fees payable 19
to cover the cost of the department's activities carried out for 20
the purposes of safety and health for explosives. 21
`(4) Without limiting subsection (3), a regulation may provide for 22
any of the following-- 23
(a) the types of activities for which fees may be charged and 24
recovered; 25
(b) the fees to be charged; 26
(c) the way the fees are calculated including, for the first 27
time the fees are charged, prescribing the way based on 28
Page 6
Mining and Other Legislation (Safety and Health Fee) Amendment Bill 2008
Part 4 Amendment of Mining And Quarrying Safety And Health Act 1999
[s 8]
criteria in place before the commencement of the 1
regulation; 2
(d) who must pay the fees; 3
(e) how, when, where, and to whom, the fees must be paid; 4
(f) the calculation of interest payable on unpaid fees; 5
(g) the information that must be provided to the chief 6
executive by the persons who must pay the fees; 7
(h) how, when, where, and to whom, the information is to 8
be provided; 9
(i) investigations by inspectors to obtain and check the 10
information. 11
`(5) However, a regulation must not be made under subsection (3) 12
or (4) for the purpose or effect of funding the development or 13
demonstration of technology which will assist in reducing the 14
production or emission of Greenhouse Gas from the use of 15
coal. 16
Note-- 17
See the Clean Coal Technology Special Agreement Act 2007, schedule, 18
section 2.5.'. 19
Part 4 Amendment of Mining And 20
Quarrying Safety And Health 21
Act 1999 22
Clause 8 Act amended in pt 4 23
This part amends the Mining And Quarrying Safety And 24
Health Act 1999. 25
Clause 9 Amendment of s 126D (Functions of authorised officers) 26
Section 126D-- 27
Page 7
Mining and Other Legislation (Safety and Health Fee) Amendment Bill 2008
Part 4 Amendment of Mining And Quarrying Safety And Health Act 1999
[s 10]
insert-- 1
`(h) to investigate whether persons required to provide 2
information to the chief executive under this Act have 3
provided the information and whether the information is 4
correct.'. 5
Clause 10 Amendment of s 262 (Regulation-making power) 6
(1) Section 262(5)-- 7
renumber as section 262(8). 8
(2) Section 262, after subsection (4)-- 9
insert-- 10
`(5) Without limiting subsection (1) or (4), a regulation may be 11
made about assessing, charging and recovering fees payable 12
to cover the cost of the department's activities carried out for 13
the purposes of safety and health for operations. 14
`(6) Without limiting subsection (5), a regulation may provide for 15
any of the following-- 16
(a) the types of activities for which fees may be charged and 17
recovered; 18
(b) the fees to be charged; 19
(c) the way the fees are calculated including, for the first 20
time the fees are charged, prescribing the way based on 21
criteria in place before the commencement of the 22
regulation; 23
(d) who must pay the fees; 24
(e) how, when, where, and to whom, the fees must be paid; 25
(f) the calculation of interest payable on unpaid fees; 26
(g) the information that must be provided to the chief 27
executive by the persons who must pay the fees; 28
(h how, when, where, and to whom, the information is to 29
be provided; 30
Page 8
Mining and Other Legislation (Safety and Health Fee) Amendment Bill 2008
Part 4 Amendment of Mining And Quarrying Safety And Health Act 1999
[s 10]
(i) investigations by authorised officers to obtain and check 1
the information. 2
`(7) However, a regulation must not be made under subsection (5) 3
or (6) for the purpose or effect of funding the development or 4
demonstration of technology which will assist in reducing the 5
production or emission of Greenhouse Gas from the use of 6
coal. 7
Note-- 8
See the Clean Coal Technology Special Agreement Act 2007, schedule, 9
section 2.5.'. 10
© State of Queensland 2008
Page 9
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