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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
MINING AND QUARRYING
SAFETY AND HEALTH BILL
1999
Queensland
MINING AND QUARRYING SAFETY
AND HEALTH BILL 1999
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2--Operation of Act
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4 What does this Act apply to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5 Who does this Act apply to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3--Objects of Act
6 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
7 How objects are to be achieved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 4--Interpretation
Subdivision 1--Dictionary
8 Definitions--the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Subdivision 2--Other important terms
9 Meaning of "mine" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
10 Meaning of "operations" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
11 Meaning of "quarry" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
12 Meaning of "safety and health" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
13 Meaning of "competence" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
14 Meaning of "consultation" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
15 Meaning of "standard work instruction" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
16 Meaning of "accident" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
2
Mining and Quarrying Safety and Health
17 Meaning of "serious accident" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
18 Meaning of "high potential incident" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
19 Meaning of "risk" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
20 Meaning of "hazard" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
21 Meaning of "operator" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
22 Meaning of "site senior executive" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
23 Meaning of "supervisor" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
24 Meaning of "district workers' representative" . . . . . . . . . . . . . . . . . . . . . . . . 22
25 Meaning of "site safety and health representative" . . . . . . . . . . . . . . . . . . . 22
PART 2--BASIC CONCEPTS
Division 1--Control and management of risk
26 What is an acceptable level of risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
27 Risk management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
28 What happens if the level of risk is unacceptable . . . . . . . . . . . . . . . . . . . . 24
Division 2--Cooperation
29 Cooperation to achieve objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
PART 3--SAFETY AND HEALTH OBLIGATIONS
Division 1--Preliminary
30 Obligations for safety and health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
31 Discharge of obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
32 Person may owe obligations in more than 1 capacity . . . . . . . . . . . . . . . . . 26
33 Person not relieved of obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
34 How obligation can be discharged if regulation or guideline made . . . . . . 26
35 How obligations can be discharged if no regulation or guideline made . . . 27
Division 2--Generally applicable safety and health obligations
36 Obligations of persons generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 3--Obligations of holders, operators, site senior executives
and others
37 Obligations of holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
38 Obligations of operators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
39 Obligations of site senior executive for mine . . . . . . . . . . . . . . . . . . . . . . . . 30
40 Obligations of contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
3
Mining and Quarrying Safety and Health
41 Obligations of designers, manufacturers, importers and suppliers
of plant etc. for use at mines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
42 Obligations of erectors and installers of plant . . . . . . . . . . . . . . . . . . . . . . . . 32
43 Obligations of manufacturers, importers and suppliers of
substances for use at mines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
44 Obligation of provider of services at mines . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 4--Defences
45 Defences for div 2 or 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
PART 4--PROVISIONS ABOUT THE OPERATION OF MINES
Division 1--Notices about mines
46 Notices by holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
47 Notices by operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 2--Management of mines
48 Appointment of operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
49 Appointment of site senior executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
50 Management structure for safe operations at mines . . . . . . . . . . . . . . . . . . . 37
51 Competencies of supervisors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
52 Appointment of another site senior executive during temporary absence . . 38
53 Additional requirements for management of underground mines . . . . . . . . . 38
54 Appointment of another underground mine manager during
temporary absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 3--Safety and health management systems
55 Safety and health management system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
56 Review of safety and health management system . . . . . . . . . . . . . . . . . . . . 41
Division 4--Records and reporting
57 Management structure to be recorded in the mine record . . . . . . . . . . . . . . 41
58 Plans of mine workings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
59 Mine record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
60 Display of reports and directives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 5--Protection of abandoned mines
61 Responsibility for protecting abandoned mines . . . . . . . . . . . . . . . . . . . . . . . 44
PART 5--GUIDELINES
62 Purpose of guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
4
Mining and Quarrying Safety and Health
63 Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
64 Use of guidelines in proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
PART 6--INDUSTRY CONSULTATIVE ARRANGEMENTS
Division 1--Purposes of part
65 Purposes of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 2--Mining safety and health advisory council and its
functions
66 Mining safety and health advisory council . . . . . . . . . . . . . . . . . . . . . . . . . . 46
67 Functions of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
68 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 3--Membership and conduct of council proceedings
69 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
70 Organisations to submit names to Minister . . . . . . . . . . . . . . . . . . . . . . . . . . 48
71 Appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
72 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
73 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
74 Member ceasing as member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
75 Times and places of meetings of the council . . . . . . . . . . . . . . . . . . . . . . . . 50
76 Presiding at meetings of the council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
77 Quorum and voting at meetings of the council . . . . . . . . . . . . . . . . . . . . . . . 50
78 Recommendation to Minister if vote not unanimous . . . . . . . . . . . . . . . . . . 51
79 Taking part in meetings by telephone etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
80 Resolutions without meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
81 Minutes by the council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
82 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
PART 7--SITE SAFETY AND HEALTH REPRESENTATIVES
AND COMMITTEES
Division 1--Purpose of part
83 Purpose of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 2--Site safety and health representatives
84 Selection or election of site safety and health representatives . . . . . . . . . . 53
85 How site safety and health representatives are selected or elected . . . . . . 53
86 Site safety and health representative must obtain qualifications . . . . . . . . 54
5
Mining and Quarrying Safety and Health
87 Site safety and health representative must perform functions and
exercise powers appropriately . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
88 Ceasing to be a site safety and health representative . . . . . . . . . . . . . . . . . 54
89 Functions and powers for area of representation . . . . . . . . . . . . . . . . . . . . . . 54
90 Functions of site safety and health representatives . . . . . . . . . . . . . . . . . . . 54
91 Powers of site safety and health representative . . . . . . . . . . . . . . . . . . . . . . 56
92 Stopping operations by site safety and health representatives . . . . . . . . . . . 56
93 When operations may be restarted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
94 Site safety and health representative not to unnecessarily impede
production . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
95 Protection of site safety and health representatives performing
functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 3--Site safety and health committees
96 Site safety and health committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
97 Membership of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
98 Functions of safety and health committee . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
99 Times of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
100 Proceedings at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
101 Minutes to be made available . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Division 4--Duties of site senior executive
102 Provision for help to representatives and committees . . . . . . . . . . . . . . . . . 59
103 Site senior executive to tell site safety and health representatives
about certain things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
104 Site senior executive to display identity of site safety and health
representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
PART 8--DISTRICT WORKERS' REPRESENTATIVES
Division 1--Purposes of part
105 Purposes of pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 2--District workers' representatives
106 Nomination and appointment of district workers' representatives . . . . . . . . 62
107 Funding of district workers' representative . . . . . . . . . . . . . . . . . . . . . . . . . . 62
108 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
109 Appointment after termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
110 Filling of temporary vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
6
Mining and Quarrying Safety and Health
111 Persons not to pretend to be district workers' representatives if
not appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
112 District workers' representative restricted to safety and health purposes . . 64
113 Functions of district workers' representatives . . . . . . . . . . . . . . . . . . . . . . . . 64
114 Powers of district workers' representatives . . . . . . . . . . . . . . . . . . . . . . . . . . 65
115 District workers' representative not to unnecessarily impede production . . 66
116 Inadequate or ineffective safety and health management systems . . . . . . . 66
117 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
118 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
119 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
PART 9--INSPECTORS AND INSPECTION OFFICERS AND
DIRECTIVES
Division 1--Inspectors and inspection officers
120 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
121 Qualifications for appointment as inspector . . . . . . . . . . . . . . . . . . . . . . . . . 68
122 Qualifications for appointment as inspection officer . . . . . . . . . . . . . . . . . . 68
123 Functions of inspectors and inspection officers . . . . . . . . . . . . . . . . . . . . . . . 68
124 Further functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
125 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
126 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
127 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Division 2--Powers of inspectors and inspection officers
Subdivision 1--Power to enter places
128 Entry to places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Subdivision 2--Procedure for entry
129 Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
130 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
131 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
132 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
133 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Subdivision 3--General powers
134 General powers after entering mine or other places . . . . . . . . . . . . . . . . . . . 75
135 Failure to help inspector or inspection officer . . . . . . . . . . . . . . . . . . . . . . . . 76
7
Mining and Quarrying Safety and Health
136 Failure to answer questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
137 Site senior executive must help inspector or inspection officer . . . . . . . . . 77
Subdivision 4--Power to seize evidence
138 Seizing evidence at mine or other place . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
139 Securing things after seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
140 Tampering with things subject to seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
141 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
142 Receipts to be given on seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
143 Forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
144 Return of things that have been seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
145 Access to things that have been seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Subdivision 5--Power to stop and secure plant and equipment
146 Inspector may stop and secure plant and equipment . . . . . . . . . . . . . . . . . . 80
Subdivision 6--Power to obtain information
147 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
148 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
149 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
150 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
151 Failure to certify copy of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
152 Power to require attendance of persons before an inspector to
answer questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
153 Failure to comply with requirement about attendance . . . . . . . . . . . . . . . . . 84
154 Person must answer question about serious accident or high
potential incident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Subdivision 7--Additional powers of chief inspector
155 Additional powers of chief inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Division 3--Directives by inspectors, inspection officers and district
workers' representatives
Subdivision 1--Power to give and way of giving directives
156 Directive may be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
157 How directive is given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
158 How directive is given for ss 161, 162 and 165 . . . . . . . . . . . . . . . . . . . . . . . 86
8
Mining and Quarrying Safety and Health
Subdivision 2--Matters for which directives may be given
159 Directive to ensure worker competent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
160 Directive to carry out test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
161 Directive to reduce risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
162 Directive to suspend operations for unacceptable level of risk . . . . . . . . . . 87
163 Directive to review safety and health management system . . . . . . . . . . . . . 88
164 Directive to suspend operations for ineffective safety and health
management system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
165 Directive to isolate site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
166 Directive about separate part of the mine . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
167 Directive to provide independent engineering study . . . . . . . . . . . . . . . . . . . 89
Subdivision 3--Recording of directives and other matters
168 Records must be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
169 Directives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Subdivision 4--Review of directives
170 Application for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
171 Procedure for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
172 Review of directive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
173 Stay of operation of directive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Division 4--General enforcement offences
174 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
175 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
176 Obstructing inspectors, inspection officers or district workers'
representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
PART 10--BOARD OF EXAMINERS
Division 1--Purposes of part
177 Purposes of pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Division 2--Board of examiners and its functions
178 Inspector for pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
179 Board of examiners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
180 Functions of the board of examiners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
181 Membership and conduct of board proceedings . . . . . . . . . . . . . . . . . . . . . . 96
182 Board of examiners to appoint secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
9
Mining and Quarrying Safety and Health
183 Appointment of board of examiners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
184 Quorum and voting at meetings of the board . . . . . . . . . . . . . . . . . . . . . . . . . 97
185 Presiding at meetings of the board of examiners . . . . . . . . . . . . . . . . . . . . . 97
186 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
187 Proceedings of the board of examiners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
188 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Division 3--General
189 Examiners to be qualified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
190 Obtaining certificates of competency by fraud . . . . . . . . . . . . . . . . . . . . . . . 98
191 Return of certificate of competency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
192 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
PART 11--ACCIDENTS AND INCIDENTS
Division 1--Notification of accidents, incidents and inspections
193 Notice of accidents, incidents or diseases . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
194 Place of accident must be inspected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Division 2--Site of accident or incident
195 Site not to be interfered with without permission . . . . . . . . . . . . . . . . . . . . 100
196 Action to be taken in relation to site of accident or incident . . . . . . . . . . 100
PART 12--BOARDS OF INQUIRY
Division 1--General
197 Minister may establish boards of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
198 Role of board of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
199 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
200 Chief executive to arrange for services of staff and financial
matters for board of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Division 2--Conduct of inquiry
201 Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
202 Notice of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
203 Inquiry to be held in public except in special circumstances . . . . . . . . . . 103
204 Protection of members, legal representatives and witnesses . . . . . . . . . . . 104
205 Record of proceedings to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
206 Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
207 Board's powers on inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
10
Mining and Quarrying Safety and Health
208 Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
209 Inspection of documents or things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
210 Inquiry may continue despite court proceedings unless otherwise
ordered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
211 Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
212 Contempt of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
213 Change of membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
PART 13--APPEALS
Division 1--Appeals against particular decisions of Minister or
board of examiners
214 Appeals against Minister's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
215 Appeals against board of examiner's decision . . . . . . . . . . . . . . . . . . . . . . 107
216 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
217 Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
218 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
219 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
220 Appeal to District Court on questions of law only . . . . . . . . . . . . . . . . . . . 109
Division 2--Appeals against chief inspectors directives and review
decisions
221 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
222 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
223 Stay of operation of directive or review decision . . . . . . . . . . . . . . . . . . . . 110
224 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
225 Assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
226 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
PART 14--LEGAL PROCEEDINGS
Division 1--Evidence
227 Proof of appointments and authority unnecessary . . . . . . . . . . . . . . . . . . . . 112
228 Proof of signatures unnecessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
229 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
230 Expert reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
231 Analyst's certificate or report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
11
Mining and Quarrying Safety and Health
Division 2--Proceedings
232 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
233 Recommendation to prosecute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
234 Limitation on time for starting proceedings . . . . . . . . . . . . . . . . . . . . . . . . . 116
235 Court may order suspension or cancellation of certificate . . . . . . . . . . . . . 116
236 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
237 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
238 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . 117
239 Executive officers must ensure corporation complies with Act . . . . . . . . . 118
240 Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
241 Costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
242 Recovery of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Division 3--Evidentiary provisions
243 Service of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
244 How document to be given to operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
PART 15--OFFENCES
245 Person not to encourage refusal to answer questions . . . . . . . . . . . . . . . . . 120
246 Impersonating inspector or inspection officers and others . . . . . . . . . . . . . 121
247 Protection for officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
PART 16--GENERAL
Division 1--General safety matters
248 Person must not employ underage persons underground . . . . . . . . . . . . . . . 121
249 Workers may request information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
250 Action where risk is unacceptable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
251 Where worker exposed to immediate personal danger . . . . . . . . . . . . . . . . 123
252 Representation by worker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Division 2--Miscellaneous
253 Disclosure of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
254 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
PART 17--ADMINISTRATION
255 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
256 Delegation of chief inspector's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
12
Mining and Quarrying Safety and Health
257 Notices about industry statistics or information . . . . . . . . . . . . . . . . . . . . . 126
258 Chief executive to keep records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
259 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
PART 18--REGULATIONS
260 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
PART 19--TRANSITIONAL PROVISIONS AND REPEALS
Division 1--Definitions
261 Definitions for pt 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Division 2--Transitional matters
262 Existing certificates of competency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
263 Approvals by inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
264 Board of examiners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
265 Existing chief inspector to be chief inspector . . . . . . . . . . . . . . . . . . . . . . . 130
266 Existing inspector to be inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
267 Existing inspection officer to be inspection officer . . . . . . . . . . . . . . . . . . . 130
268 Existing district workers' representative . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
269 Mine record book taken to be mine record . . . . . . . . . . . . . . . . . . . . . . . . . 130
270 Warden may finish inquiry into accident . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
Division 3--Repeal
271 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
Division 4--Consequential amendments
272 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 132
AMENDMENT OF OTHER ACTS
CORONERS ACT 1958 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
FIRE AND RESCUE AUTHORITY ACT 1990 . . . . . . . . . . . . . . . . . . . . . 132
FOSSICKING ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
WORKPLACE HEALTH AND SAFETY ACT 1995 . . . . . . . . . . . . . . . . . 133
WORKPLACE RELATIONS ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 134
DICTIONARY
1999
A BILL
FOR
An Act to regulate the operation of mines, other than coal mines, to
protect the safety and health of persons at mines and persons
who may be affected by operations, and for other purposes
s1 14 s4
Mining and Quarrying Safety and Health
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
title 4
Short
1. This Act may be cited as the Mining and Quarrying Safety and Health 5
Act 1999. 6
7
Commencement
2. This Act commences on a day to be fixed by proclamation. 8
2--Operation of Act 9
Division
binds all persons 10
Act
3.(1) This Act binds all persons, including the State and, so far as the 11
legislative power of the Parliament permits, the Commonwealth and all the 12
other States. 13
(2) Nothing in this Act makes the State liable to be prosecuted for an 14
offence. 15
does this Act apply to 16
What
4. This Act applies to mines, other than coal mines, and to operations. 17
s5 15 s7
Mining and Quarrying Safety and Health
does this Act apply to 1
Who
5. This Act applies to-- 2
(a) everyone who may affect the safety or health of persons while the 3
persons are at a mine; and 4
(b) everyone who may affect the safety or health of persons as a 5
result of operations; and 6
(c) a person whose safety or health may be affected while at a mine 7
or as a result of operations. 8
3--Objects of Act 9
Division
of Act 10
Objects
6. The objects of this Act are-- 11
(a) to protect the safety and health of persons at mines and persons 12
who may be affected by operations; and 13
(b) to require that the risk of injury or illness to any person resulting 14
from operations is at an acceptable level. 15
objects are to be achieved 16
How
7. The objects of this Act are to be achieved by-- 17
(a) imposing safety and health obligations on persons who operate 18
mines or who may affect the safety or health of others at mines; 19
and 20
(b) providing for safety and health management systems at mines to 21
manage risk effectively; and 22
(c) making regulations and guidelines for the mining industry to 23
require and promote risk management and control; and 24
(d) establishing a safety and health advisory council to allow the 25
mining industry to participate in developing strategies for 26
improving safety and health; and 27
s8 16 s9
Mining and Quarrying Safety and Health
(e) providing for safety and health representatives and committees to 1
represent the safety and health interests of workers; and 2
(f) providing for inspectors and other officers to monitor the 3
effectiveness of risk management and control at mines, and to 4
take appropriate action to ensure adequate risk management; and 5
(g) providing a way for the competencies of persons at mines to be 6
assessed and recognised; and 7
(h) requiring management structures so that persons may 8
competently supervise the safe operation of mines; and 9
(i) providing for appropriate emergency preparedness. 10
Division 4--Interpretation 11
Subdivision 1--Dictionary 12
dictionary 13
Definitions--the
8. The dictionary in schedule 2 defines particular words used in this Act. 14
Subdivision 2--Other important terms 15
of "mine" 16
Meaning
9.(1) A "mine" is any of the following places-- 17
(a) a place where operations are carried on within the boundaries of 18
land the subject of a mining tenure; 19
(b) a place where operations are carried on on land adjoining, adjacent 20
to, or contiguous with, the boundaries of land the subject of a 21
mining tenure and within which is a place mentioned in 22
paragraph (a); 23
(c) a place where operations are carried on unlawfully because land at 24
the place is not the subject of a mining tenure; 25
s 10 17 s 10
Mining and Quarrying Safety and Health
(d) a place that was a mine while works are done to secure it after its 1
abandonment; 2
(e) a place where tourism, education or research related to mining 3
happens that is declared under a regulation to be a mine; 4
(f) a quarry. 5
(2) A "mine" includes buildings for administration, accommodation and 6
associated facilities at a place mentioned in subsection (1) or adjoining, 7
adjacent to, or contiguous with, the place. 8
(3) Despite subsection (1)(d), a place that was a mine is not a "mine" 9
after its abandonment merely because work is being done at the place by or 10
for the State-- 11
(a) to ensure public safety; or 12
(b) to rehabilitate it; or 13
(c) to secure it. 14
(4) A "mine" does not include a mine or part of a mine declared under a 15
regulation to be a mine or part of a mine to which this Act does not apply.1 16
of "operations" 17
Meaning
10.(1) "Operations" are activities carried on principally for, or in 18
connection with, exploring for, winning, or winning and treating, minerals 19
or hard rock and include the following-- 20
(a) extracting, loading, transporting, crushing, concentrating, storing, 21
smelting, electrowinning, leaching and processing of minerals or 22
hard rock; 23
(b) disposing of mineral or waste products in connection with 24
winning, extracting or processing minerals or hard rock; 25
1 If a declaration is made, the Workplace Health and Safety Act 1995 applies to the
place. See the Workplace Health and Safety Act 1995, section 3 (Application of
Act).
s 11 18 s 11
Mining and Quarrying Safety and Health
(c) constructing, erecting, maintaining or demolishing of any dam, 1
excavation, building, plant, machinery or equipment that is 2
required for winning, or winning and treating, minerals or hard 3
rock or the disposal of mineral or waste products; 4
(d) rehabilitating of a place after operations. 5
(2) The following are not "operations"-- 6
(a) winning clay for and manufacture of bricks and other ceramics; 7
(b) airborne geophysical surveys; 8
(c) fossicking; 9
(d) smelting, refining, stockpiling and processing operations on land 10
that-- 11
(i) are not adjoining, adjacent to, or contiguous with, mines 12
where minerals or hard rock are excavated; or 13
(ii) are adjoining, adjacent to or contiguous with, but are not an 14
integral part of, mines where minerals or hard rock are 15
excavated; 16
(e) transport to and from a mine on public roads or public railways 17
or within a pipeline; 18
(f) air transport to and from a mine; 19
(g) pastoral activities; 20
(h) an operation exempted by regulation. 21
of "quarry" 22
Meaning
11.(1) A "quarry" is a place on land where hard rock is excavated to 23
produce construction or road building material. 24
(2) A "quarry" includes a place on land where processing of hard rock 25
happens if the place is on land that adjoins, is adjacent to, or is contiguous 26
with, a place mentioned in subsection (1). 27
(3) A "quarry" does not include a place-- 28
s 12 19 s 16
Mining and Quarrying Safety and Health
(a) that is operated substantially for the purposes of excavating or 1
processing hard rock for use at a construction workplace under 2
the Workplace Health and Safety Act 1995; or 3
(b) where rock does not need to be broken to enable it to be 4
excavated. 5
of "safety and health" 6
Meaning
12. A persons's "safety and health" is the person's safety and health to 7
the extent it is or may be affected by operations or other activities at a mine. 8
of "competence" 9
Meaning
13. "Competence" for a task at a mine is the demonstrated skill and 10
knowledge required to carry out the task to a standard necessary for the 11
safety and health of persons. 12
of "consultation" 13
Meaning
14. "Consultation" with workers is discussion between the site senior 14
executive or supervisors and affected workers about a matter with the aim 15
of reaching agreement about the matter. 16
of "standard work instruction" 17
Meaning
15. A "standard work instruction" at a mine is a documented way of 18
working at the mine to achieve an acceptable level of risk, developed after 19
consultation with workers. 20
of "accident" 21
Meaning
16. An "accident" at a mine is an event, or a series of events, at the mine 22
causing injury to a person. 23
s 17 20 s 21
Mining and Quarrying Safety and Health
of "serious accident" 1
Meaning
17. A "serious accident" at a mine is an accident at a mine that causes-- 2
(a) the death of a person; or 3
(b) a person to be admitted to a hospital as an in-patient for treatment 4
for the injury. 5
of "high potential incident" 6
Meaning
18. A "high potential incident" at a mine is an event, or a series of 7
events, that causes or has the potential to cause a significant adverse effect 8
on the safety or health of a person. 9
of "risk" 10
Meaning
19.(1) "Risk" means the risk of injury or illness to a person arising out 11
of a hazard. 12
(2) Risk is measured in terms of consequences and likelihood. 13
of "hazard" 14
Meaning
20. "Hazard" means a thing or a situation with potential to cause injury 15
or illness to a person. 16
of "operator" 17
Meaning
21.(1) An "operator" for a mine is-- 18
(a) for a mine where there is a holder-- 19
(i) the holder; or 20
(ii) if another person has been appointed as the operator under 21
section 48 and the appointment is notified to an inspector for 22
the region under section 46, the other person; or 23
(b) for a mine mentioned in section 9(1)(d) or (f), where there is not 24
a holder, the person in control of the mine; or 25
s 21 21 s 21
Mining and Quarrying Safety and Health
(c) for a mine mentioned in section 9(1)(e), the person in control of 1
the mine. 2
(2) If-- 3
(a) another person mentioned in subsection (1)(a)(ii) is appointed as 4
the operator for a separate part of a mine; and 5
(b) the appointment is notified to an inspector for the region under 6
section 46;2 7
the person's responsibilities and safety and health obligations under this Act 8
as operator for a mine are limited to the separate part of the mine. 9
(3) If-- 10
(a) 1 or more persons are appointed as operators for separate parts of 11
a mine; and 12
(b) the appointments are notified to an inspector for the region under 13
section 46; 14
the holder's responsibilities and safety and health obligations under this Act 15
as an operator for the mine are limited to the part of the mine to which the 16
appointments do not apply. 17
(4) For this section, a part of a mine is taken to be a "separate part of a 18
mine" only if-- 19
(a) the part is geographically separated from the rest of the mine; and 20
(b) there is no physical overlapping of operations between the part 21
and the operations in another part of the mine; and 22
(c) the part is managed as a separate operation; and 23
(d) the part is substantially self-contained. 24
(5) A person may be appointed operator for more than 1 mine or 25
separate part of a mine. 26
2 Section 46 (Notices by holder)
s 22 22 s 25
Mining and Quarrying Safety and Health
of "site senior executive" 1
Meaning
22.(1) The "site senior executive" for a mine is the most senior officer 2
employed by the operator for the mine who-- 3
(a) is located at or near the mine; and 4
(b) has responsibility for the mine. 5
(2) Subsection (1)(a) does not require an officer with responsibility for 6
exploration activities under a prospecting permit, an exploration permit or 7
mineral development licence to be located at or near the mine. 8
(3) If the officer only has responsibility for a separate part of a mine, the 9
officer's responsibilities and safety and health obligations under this Act as 10
a site senior executive for a mine are limited to the separate part of the mine 11
for which the officer has responsibility. 12
of "supervisor" 13
Meaning
23. A "supervisor" at a mine is a worker whose duties include the 14
giving of directions to other workers. 15
of "district workers' representative" 16
Meaning
24. A "district workers' representative" is a person who is appointed 17
under section 106 to represent workers on safety and health matters and 18
who performs the functions and exercises the powers of a district workers' 19
representative mentioned in part 8, division 2. 20
of "site safety and health representative" 21
Meaning
25. A "site safety and health representative", for a mine, is a worker 22
selected or elected under section 84 by workers at the mine to perform the 23
functions and exercise the powers of a site safety and health representative 24
mentioned in part 7, division 2. 25
s 26 23 s 27
Mining and Quarrying Safety and Health
ART 2--BASIC CONCEPTS 1
P
Division 1--Control and management of risk 2
is an acceptable level of risk 3
What
26.(1) For risk to a person from operations to be at an "acceptable 4
level", the operations must be carried out so that the level of risk from the 5
operations is-- 6
(a) within acceptable limits; and 7
(b) as low as reasonably achievable. 8
(2) To decide whether risk is within acceptable limits and as low as 9
reasonably achievable regard must be had to-- 10
(a) the likelihood of injury or illness to a person arising out of the 11
risk; and 12
(b) the severity of the injury or illness. 13
management 14
Risk
27.(1) Risk is effectively managed when all persons individually and as 15
part of their respective workgroups and organisations, take action to keep 16
risk at an acceptable level. 17
(2) In particular, effective risk management is achieved when persons 18
apply risk management procedures and practices that are appropriate for the 19
nature of the risk, operation or task being performed. 20
(3) Risk management is the systematic application of policies, 21
procedures and practices to-- 22
(a) identify, analyse, and assess risk; and 23
(b) avoid or remove unacceptable risk; and 24
(c) monitor levels of risk and the adverse consequences of retained 25
residual risk; and 26
(d) investigate and analyse the causes of serious accidents and high 27
potential incidents with a view to preventing their recurrence; and 28
s 28 24 s 29
Mining and Quarrying Safety and Health
(e) review the effectiveness of risk control measures, and take 1
appropriate corrective and preventive action; and 2
(f) mitigate the potential adverse effects arising from retained 3
residual risk. 4
happens if the level of risk is unacceptable 5
What
28.(1) If there is an unacceptable level of risk to persons at a mine, this 6
Act requires that-- 7
(a) persons be evacuated to a safe location; and 8
(b) action be taken to reduce the risk to an acceptable level. 9
(2) Action to reduce the risk to an acceptable level may include stopping 10
the use of specified plant or substances. 11
(3) The action may be taken by the operator for the mine, the site senior 12
executive for the mine, district workers' representatives, site safety and 13
health representatives, workers, inspectors or inspection officers. 14
Division 2--Cooperation 15
to achieve objects of Act 16
Cooperation
29.(1) This Act seeks to achieve cooperation between operators, site 17
senior executives and workers to achieve the objects of the Act. 18
(2) Cooperation is an important strategy in achieving the objects of the 19
Act and is achieved-- 20
(a) at an industry level by-- 21
(i) the establishment of the mining safety and health advisory 22
council under part 6;3 and 23
(ii) the appointment of district workers' representatives under 24
part 8;4 and 25
3 Part 6 (Industry consultative arrangements)
4 Part 8 (District workers' representatives)
s 30 25 s 30
Mining and Quarrying Safety and Health
(b) at mine level by-- 1
(i) the selection or election of site safety and health 2
representatives and the establishment of site safety and 3
health committees under part 7;5 and 4
(ii) the process of involving workers in the management of risk. 5
PART 3--SAFETY AND HEALTH OBLIGATIONS 6
1--Preliminary 7
Division
for safety and health 8
Obligations
30.(1) Workers or other persons at mines or persons who may affect 9
safety and health at mines or as a result of operations, have obligations 10
under division 2 ("safety and health obligations"). 11
(2) The following persons have obligations under division 3 (also 12
"safety and health obligations")-- 13
(a) holder; 14
(b) operator; 15
(c) site senior executive; 16
(d) contractor; 17
(e) designer, manufacturer, importer and supplier of plant for use at a 18
mine; 19
(f) erector and installer of plant at a mine; 20
(g) manufacturer, importer and supplier of substances for use at a 21
mine; 22
(h) person who supplies a service at a mine. 23
5 Part 7 (Site safety and health representatives and committees)
s 31 26 s 34
Mining and Quarrying Safety and Health
of obligations 1
Discharge
31. A person on whom a safety and health obligation is imposed must 2
discharge the obligation. 3
Maximum penalty-- 4
(a) if the contravention caused death or grievous bodily harm--800 5
penalty units or 2 years imprisonment; or 6
(b) if the contravention involved exposure to a substance that is likely 7
to cause death or grievous bodily harm--500 penalty units or 1 8
year's imprisonment; or 9
(c) if the contravention caused bodily harm--500 penalty units or 1 10
year's imprisonment; or 11
(d) otherwise--400 penalty units. 12
may owe obligations in more than 1 capacity 13
Person
32. A person on whom a safety and health obligation is imposed may be 14
subject to more than 1 safety and health obligation. 15
16
Example--
17
A person may be an operator, contractor and supplier of plant at the same time for
18
a single mine and be subject to obligations in each of the capacities.
not relieved of obligations 19
Person
33. To remove doubt, nothing in this Act that imposes a safety and health 20
obligation on a person relieves another person of the other person's safety 21
and health obligations under this Act. 22
obligation can be discharged if regulation or guideline made 23
How
34.(1) If a regulation prescribes a way of achieving an acceptable level of 24
risk, a person may discharge the person's safety and health obligation in 25
relation to the risk only by following the prescribed way. 26
(2) If a regulation prohibits exposure to a risk, a person may discharge 27
the person's safety and health obligation in relation to the risk only by 28
ensuring that the prohibition is not contravened. 29
s 35 27 s 36
Mining and Quarrying Safety and Health
(3) Subject to subsections (1) and (2), if a guideline states a way or ways 1
of achieving an acceptable level of risk, a person discharges the person's 2
safety and health obligation in relation to the risk only by-- 3
(a) adopting and following a stated way; or 4
(b) adopting and following another way that achieves a level of risk 5
that is equal to or better than the acceptable level.6 6
obligations can be discharged if no regulation or guideline made 7
How
35.(1) This section applies if there is no regulation or guideline 8
prescribing or stating a way to discharge the person's safety and health 9
obligation in relation to a risk. 10
(2) The person may choose an appropriate way to discharge the person's 11
safety and health obligation in relation to the risk. 12
(3) However, the person discharges the person's safety and health 13
obligation in relation to the risk only if the person takes reasonable 14
precautions, and exercises proper diligence, to ensure the obligation is 15
discharged. 16
2--Generally applicable safety and health obligations 17
Division
of persons generally 18
Obligations
36.(1) A worker or other person at a mine or a person who may affect 19
safety and health of persons at a mine or as a result of operations, has the 20
following obligations-- 21
(a) to comply with this Act, standard work instructions, and 22
procedures applying to the worker or person that form part of a 23
safety and health management system for the mine; 24
6 For this section and the following section, see defences provided for under
division 4.
s 37 28 s 37
Mining and Quarrying Safety and Health
(b) if the worker or other person has information that other persons 1
need to know to fulfil their obligations or duties under this Act, or 2
to protect themselves from the risk of injury or illness--to give 3
the information to the other persons; 4
(c) to take any other reasonable and necessary course of action to 5
ensure that persons are not exposed to unacceptable levels of risk. 6
(2) A worker or other person at a mine has the following additional 7
obligations at the mine-- 8
(a) to manage the risk of injury or illness to himself or herself or any 9
other person in the worker's or other person's own work and 10
activities, so that the risk is at an acceptable level; 11
(b) to ensure, to the extent of the responsibilities and duties allocated 12
to the worker or other person, that the risk of injury or illness to 13
any person is managed in the work and activities under the 14
worker's or other person's control, supervision, or leadership, so 15
that the risk is at an acceptable level; 16
(c) to the extent of the worker's or other person's involvement, to 17
participate in and conform to the risk management practices of the 18
operations; 19
(d) to comply with instructions given for safety and health of persons 20
by the mine operator or site senior executive for the mine or a 21
supervisor at the mine; 22
(e) to work at the mine only if the worker or other person is in a fit 23
condition to carry out the work without affecting the safety and 24
health of others; 25
(f) not to do anything wilfully or recklessly that might adversely 26
affect the safety and health of someone else at the mine. 27
Division 3--Obligations of holders, operators, site senior executives and 28
others 29
of holders 30
Obligations
37.(1) This section applies if the holder and the operator are or are to be 31
different persons. 32
s 38 29 s 38
Mining and Quarrying Safety and Health
(2) The holder must-- 1
(a) inform a person proposing to enter into a contract with the holder 2
to act as operator, by notice, of all relevant information available 3
to the holder that may help the proposed operator to ensure the 4
site senior executive for the mine develops and implements a 5
safety and health management system for the mine; and 6
(b) include in the contract with the operator an obligation on the 7
operator to establish a safety and health management system for 8
the mine. 9
Maximum penalty--100 penalty units. 10
(3) A contract under subsection (2)(b) must be in writing. 11
of operators 12
Obligations
38.(1) An operator for a mine has the following obligations-- 13
(a) to ensure the risk to workers while at the operator's mine is at an 14
acceptable level, including, for example, by-- 15
(i) providing a safe place of work and safe plant; and 16
(ii) maintaining plant in a safe state; 17
(b) to ensure the operator's own safety and health and the safety and 18
health of others is not affected by the way the operator conducts 19
operations; 20
(c) to appoint a site senior executive for the mine; 21
(d) to ensure the site senior executive for the mine-- 22
(i) develops and implements a safety and health management 23
system for the mine; and 24
(ii) develops, implements and maintains a management 25
structure for the mine that helps ensure the safety and health 26
of persons at the mine; 27
(e) to audit and review the effectiveness and implementation of the 28
safety and health management system to ensure the risk to 29
persons from operations is at an acceptable level; 30
s 39 30 s 39
Mining and Quarrying Safety and Health
(f) to provide adequate resources to ensure the effectiveness and 1
implementation of the safety and health management system. 2
(2) Without limiting subsection (1), an operator has an obligation not to 3
operate a mine without a safety and health management system for the 4
mine. 5
(3) Subsection (1)(d) to (f) and subsection (2) do not apply to a mine 6
where not more than 10 workers are employed at the mine. 7
(4) However, a regulation may specify a mine where not more than 10 8
workers are employed to be a mine to which subsection (1)(d) to (f) and 9
subsection (2) apply because of the size, nature or complexity of the mine's 10
operations. 11
of site senior executive for mine 12
Obligations
39.(1) A site senior executive for a mine has the following obligations in 13
relation to the safety and health of persons who may be affected by 14
operations-- 15
(a) to ensure the risk to persons from operations is at an acceptable 16
level; 17
(b) to ensure the risk to persons from any plant or substance 18
provided by the site senior executive for the performance of work 19
by someone other than the site senior executive's workers is at an 20
acceptable level; 21
(c) to develop and implement a safety and health management 22
system for the mine; 23
(d) to develop, implement and maintain a management structure for 24
the mine that helps ensure the safety and health of persons at the 25
mine; 26
(e) to train workers so that they are competent to perform their 27
duties; 28
(f) to provide for-- 29
(i) adequate planning, organisation, leadership and control of 30
operations; and 31
s 40 31 s 41
Mining and Quarrying Safety and Health
(ii) the carrying out of critical work at the mine that requires 1
particular technical competencies; and 2
(iii) adequate supervision and control of operations on each shift 3
at the mine; and 4
(iv) regular monitoring and assessment of the working 5
environment, work procedures, equipment, and installations 6
at the mine; and 7
(v) appropriate inspection of each workplace at the mine 8
including, where necessary, pre-shift inspections. 9
(2) Subsection (1)(c) does not apply to a site senior executive of a mine 10
where not more than 10 workers are employed at the mine. 11
(3) However, a regulation may specify a mine where not more than 10 12
workers are employed to be a mine to which subsection (1)(c) applies 13
because of the size, nature or complexity of the mine's operations. 14
of contractors 15
Obligations
40. A contractor at a mine has an obligation to ensure, to the extent that 16
they relate to the work undertaken by the contractor, that provisions of this 17
Act and any applicable safety and health management system are complied 18
with. 19
of designers, manufacturers, importers and suppliers of 20
Obligations
plant etc. for use at mines 21
41.(1) A designer or importer of plant for use at a mine has an obligation 22
to ensure the plant is designed so that, when used properly, the risk to 23
persons from the use of the plant is at an acceptable level. 24
(2) A manufacturer or importer of plant for use at a mine has an 25
obligation to ensure the plant is constructed so that, when used properly, the 26
risk to persons from the use of the plant is at an acceptable level. 27
(3) A designer, manufacturer or importer of plant for use at a mine has 28
an obligation to ensure the plant undergoes appropriate levels of testing and 29
examination to ensure compliance with the obligation imposed by 30
subsection (1) or (2). 31
s 42 32 s 42
Mining and Quarrying Safety and Health
(4) Also, a designer, manufacturer, importer or supplier of plant for use 1
at a mine has the following obligations-- 2
(a) to take all reasonable steps to ensure appropriate information 3
about the safe use of the plant is available, including information 4
about the maintenance necessary for the safe use of the plant; 5
(b) to take the action the chief inspector reasonably requires to 6
prevent the use of unsafe plant anywhere. 7
8
Example of subsection (4)(b)--
9
The chief inspector may require a designer, manufacturer, importer or supplier of
10
plant to recall the plant to prevent its use.
(5) For subsection (4)(a), information is "appropriate" if the 11
information states-- 12
(a) the use for which the plant has been designed and tested; and 13
(b) any conditions that must be followed if the plant is to be used 14
safely so that risk to persons is at an acceptable level. 15
(6) If a supplier of plant becomes aware of a hazard or defect associated 16
with the plant the supplier has supplied to an operator for a mine or to a 17
contractor for use at a mine that may create an unacceptable level of risk to 18
users of the plant, the supplier has an obligation to take all reasonable steps 19
to inform the operator or contractor-- 20
(a) of the nature of the hazard or defect and its significance; and 21
(b) any modifications or controls the supplier is aware of that have 22
been developed to eliminate or correct the hazard or defect or 23
manage the risk. 24
of erectors and installers of plant 25
Obligations
42. An erector or installer of plant at a mine has an obligation-- 26
(a) to erect or install the plant in a way that is safe and does not 27
expose persons at the mine to an unacceptable level of risk; and 28
(b) to ensure nothing about the way the plant was erected or installed 29
makes it unsafe or likely to expose persons at the mine to an 30
unacceptable level of risk when used properly. 31
s 43 33 s 44
Mining and Quarrying Safety and Health
of manufacturers, importers and suppliers of substances 1
Obligations
for use at mines 2
43.(1) A manufacturer or importer of a substance for use at a mine has 3
the following obligations-- 4
(a) to ensure the substance is safe so that, when used properly, the 5
risk to persons from the use of the substance is at an acceptable 6
level; 7
(b) to ensure the substance undergoes appropriate levels of testing 8
and examination to ensure compliance with the obligation 9
imposed by paragraph (a). 10
(2) Also, a manufacturer, importer or supplier of a substance for use at a 11
mine has the following obligations-- 12
(a) to ensure appropriate information about the safe use, storage and 13
disposal of the substance is provided with the substance; 14
(b) to take the action the chief inspector reasonably requires to 15
prevent the use of an unsafe substance at a mine. 16
17
Example of subsection (2)(b)--
18
The chief inspector may require a manufacturer, importer or supplier of a
19
substance to recall the substance to prevent its use.
(3) For subsection (2)(a), information is "appropriate" if the 20
information clearly identifies the substance and states-- 21
(a) the precautions, if any, to be taken for the safe use, storage or 22
disposal of the substance; and 23
(b) the risks, if any, associated with the use, storage or disposal of the 24
substance. 25
of provider of services at mines 26
Obligation
44. A person who provides a service at a mine has the following 27
obligations-- 28
(a) to ensure the safety and health of workers or other persons is not 29
adversely affected as a result of the service provided; 30
(b) to ensure the fitness for use of plant at the mine is not adversely 31
affected by the service provided. 32
s 45 34 s 45
Mining and Quarrying Safety and Health
Division 4--Defences 1
for div 2 or 3 2
Defences
45.(1) It is a defence in a proceeding against a person for a contravention 3
of an obligation imposed on the person under division 2 or 3 in relation to a 4
risk for the person to prove-- 5
(a) if a regulation has been made about the way to achieve an 6
acceptable level of risk--the person followed the way prescribed 7
in the regulation to prevent the contravention; or 8
(b) subject to paragraph (a), if a guideline has been made stating a 9
way or ways to achieve an acceptable level of a risk-- 10
(i) that the person adopted and followed a stated way to prevent 11
the contravention; or 12
(ii) that the person adopted and followed another way that 13
achieved a level of risk that is equal to or better than the 14
acceptable level to prevent the contravention; or 15
(c) if no regulation prescribes or no guideline states a way to 16
discharge the person's safety and health obligation in relation to 17
the risk--that the person took reasonable precautions and 18
exercised proper diligence to prevent the contravention. 19
(2) Also, it is a defence in a proceeding against a person for an offence 20
against section 317 for the person to prove that the commission of the 21
offence was due to causes over which the person had no control. 22
(3) The Criminal Code, sections 23 and 24,8 do not apply in relation to a 23
contravention of section 31. 24
(4) In this section, a reference to a guideline is a reference to the guideline 25
in force at the time of the contravention. 26
7 Section 31 (Discharge of obligations)
8 Criminal Code, sections 23 (Intention--motive) and 24 (Mistake of fact)
s 46 35 s 47
Mining and Quarrying Safety and Health
ART 4--PROVISIONS ABOUT THE OPERATION 1
P
OF MINES 2
1--Notices about mines 3
Division
by holder 4
Notices
46.(1) If a holder appoints an operator, the holder must, for each mine or 5
part of a mine for which the operator is appointed, give an inspector for the 6
region in which the mine is situated written notice of-- 7
(a) the name and address of the operator; and 8
(b) the name of, and a description of the land comprising, the mine or 9
part of the mine. 10
Maximum penalty--40 penalty units. 11
(2) Notice must be given within 14 days of the appointment. 12
(3) The holder must not change the operator for a mine without first 13
giving an inspector for the region in which the mine is situated written 14
notice. 15
Maximum penalty for subsection (3)--40 penalty units. 16
by operator 17
Notices
47.(1) The operator for a mine must give an inspector for the region in 18
which the mine is situated-- 19
(a) if there is not a holder for the mine, notice of-- 20
(i) the operator's name and address; and 21
(ii) the name of, and a description of the land comprising, the 22
mine or part of the mine; and 23
(b) a facility description for the mine-- 24
(i) if the mine is an existing mine--at least 2 months before a 25
significant change to the operations of the mine unless, after 26
the change, less than the number of persons prescribed 27
under a regulation are to be employed at the mine; or 28
s 48 36 s 48
Mining and Quarrying Safety and Health
(ii) if the mine is not an existing mine but it is intended that 1
operations are to start and more than the number of persons 2
prescribed under a regulation are to be employed at the 3
mine--at least 2 months before operations start. 4
Maximum penalty--40 penalty units. 5
(2) For subsection (1)(b), the facility description must include enough 6
information to decide the risk management measures that will be necessary 7
for an effective safety and health management system. 8
(3) Before operations start, the operator must give an inspector for the 9
region in which the mine is situated notice of the day operations are to start. 10
Maximum penalty--40 penalty units. 11
(4) Also, the operator must, within 7 days after the appointment, give an 12
inspector for the region in which the mine is situated notice of the following 13
appointments including the name and address of the person appointed-- 14
(a) the appointment of a site senior executive; 15
(b) an appointment under section 52.9 16
Maximum penalty--40 penalty units. 17
(5) When land is added to or omitted from a mine, the operator must, 18
within 1 month after the addition or omission, give to an inspector for the 19
region in which the mine is situated written particulars of the land added or 20
omitted. 21
Maximum penalty--40 penalty units. 22
2--Management of mines 23
Division
of operator 24
Appointment
48.(1) The holder for a mine may appoint a person as the operator for the 25
mine or a separate part of a mine. 26
9 Section 52 (Appointment of another site senior executive during temporary
absence)
s 49 37 s 50
Mining and Quarrying Safety and Health
(2) An appointment of a person as operator for a part of a mine that is 1
not a separate part of a mine is ineffective. 2
of site senior executive 3
Appointment
49.(1) An operator for a mine or for a separate part of a mine must not 4
appoint more than 1 site senior executive for the mine or for the part for 5
which the person is operator. 6
Maximum penalty--500 penalty units. 7
(2) An operator must not appoint a person to be site senior executive for 8
more than 1 mine. 9
Maximum penalty--500 penalty units. 10
(3) However, a person may be appointed to be site senior executive for 11
more than 1 mine if-- 12
(a) the mines are part of a mining project; or 13
(b) the mines consist only of exploration activities under an 14
exploration permit or mineral development licence. 15
(4) In this section-- 16
"appoint" includes employ and purport to appoint. 17
structure for safe operations at mines 18
Management
50.(1) The site senior executive must-- 19
(a) develop and maintain a management structure for the mine in a 20
way that allows development and implementation of the safety 21
management system; and 22
(b) document the management structure. 23
Maximum penalty--40 penalty units. 24
(2) The document must-- 25
(a) state the responsibilities of the site senior executive; and 26
(b) state the responsibilities and competencies required for senior 27
positions in the structure; and 28
s 51 38 s 53
Mining and Quarrying Safety and Health
(c) state the names of the persons holding the senior positions and 1
their competencies; and 2
(d) provide for a competent person to perform the duties of a 3
supervisor while the supervisor is absent. 4
Maximum penalty--40 penalty units. 5
(3) For subsection (2)(b), an inspector may by notice given to the site 6
senior executive declare a position to be a senior position. 7
of supervisors 8
Competencies
51. A site senior executive must not assign the tasks of a supervisor to a 9
person unless the person-- 10
(a) is competent to perform the task assigned; and 11
(b) if there is a safety and health competency for supervisors 12
recognised by the council, has the relevant competency. 13
Maximum penalty--100 penalty units. 14
of another site senior executive during temporary 15
Appointment
absence 16
52.(1) If the site senior executive is temporarily absent from duty for 17
more than 14 days, the operator for the mine must appoint, in writing, a 18
person to act as the site senior executive during the absence. 19
Maximum penalty--100 penalty units. 20
(2) The person acting as the site senior executive is subject to all of the 21
obligations of a site senior executive. 22
requirements for management of underground mines 23
Additional
53.(1) The site senior executive must appoint a person to be underground 24
mine manager to control and manage an underground mine. 25
Maximum penalty--400 penalty units. 26
(2) However, the site senior executive may be appointed underground 27
mine manager by the operator for the mine. 28
s 54 39 s 54
Mining and Quarrying Safety and Health
(3) If 20 or more persons work underground in a mine-- 1
(a) the site senior executive must not appoint a person as an 2
underground mine manager unless the person has a first class 3
certificate of competency for an underground mine; and 4
(b) the operator must not appoint the site senior executive as 5
underground mine manager unless the site senior executive has a 6
first class certificate of competency for an underground mine. 7
Maximum penalty--400 penalty units. 8
(4) The operator or site senior executive may appoint a person as 9
underground mine manager for more than 1 mine at the same time only 10
with the written approval of the chief inspector. 11
Maximum penalty--200 penalty units. 12
(5) As soon as practicable after appointing an underground mine 13
manager, the operator or site senior executive must give an inspector for the 14
region in which an underground mine is situated notice of the appointment. 15
Maximum penalty--40 penalty units. 16
of another underground mine manager during 17
Appointment
temporary absence 18
54.(1) If the underground mine manager is temporarily absent from duty 19
for more than 14 days, the operator or the site senior executive for the mine 20
must appoint, in writing, a person to act as underground mine manager the 21
during the absence. 22
Maximum penalty--100 penalty units. 23
(2) To remove doubt, section 53(2) to (5) applies to an appointment 24
under subsection (1). 25
(3) The person acting as the underground mine manager is subject to all 26
of the obligations of an underground mine manager. 27
s 55 40 s 55
Mining and Quarrying Safety and Health
Division 3--Safety and health management systems 1
and health management system 2
Safety
55.(1) A safety and health management system for a mine is a system 3
that incorporates risk management elements and practices that ensure safety 4
and health of persons who may be affected by operations. 5
(2) A safety and health management system must be an auditable 6
documented system that forms part of an overall management system that 7
includes organisational structure, planning activities, responsibilities, 8
practices, procedures, processes and resources for developing, 9
implementing, achieving, reviewing and maintaining a safety and health 10
policy for managing risks associated with operations. 11
(3) The safety and health management system must be effective to 12
achieve an acceptable level of risk by-- 13
(a) defining the operator's safety and health policy; and 14
(b) containing a plan to implement the operator's safety and health 15
policy; and 16
(c) stating how the operator intends to develop the capabilities and 17
support mechanisms necessary to achieve the policy; and 18
(d) including procedures for the operation of the mine and standard 19
work instructions; and 20
(e) containing a way of-- 21
(i) measuring, monitoring and evaluating the performance of 22
the safety and health management system; and 23
(ii) taking the action necessary to prevent or correct matters that 24
do not conform with the safety and health management 25
system; and 26
(f) containing a plan to regularly review and continually improve the 27
safety and health management system so that risk to persons at 28
the mine is at an acceptable level; and 29
s 56 41 s 57
Mining and Quarrying Safety and Health
(g) if there is a significant change to the mining operations of the 1
mine, containing a plan to immediately review the safety and 2
health management system so that risk to persons is at an 3
acceptable level. 4
of safety and health management system 5
Review
56.(1) This section applies if-- 6
(a) a safety and health management system has been developed for a 7
new mine; or 8
(b) it is proposed to change a safety and health management system 9
at an existing mine. 10
(2) The site senior executive must review the system in consultation 11
with-- 12
(a) workers, to the extent they are affected by the system; or 13
(b) appropriate site safety and health representatives and committees. 14
Maximum penalty--200 penalty units. 15
(3) The review under subsection (2) must take place-- 16
(a) for a new mine--as soon as practicable after the start of 17
operations; or 18
(b) for a change at an existing mine--before the change is effected. 19
Division 4--Records and reporting 20
structure to be recorded in the mine record 21
Management
57.(1) The site senior executive must enter in the mine record details 22
of-- 23
(a) the management structure and of the persons holding senior 24
positions in the structure; and 25
(b) changes to the management structure. 26
Maximum penalty--50 penalty units. 27
s 58 42 s 58
Mining and Quarrying Safety and Health
(2) The details must be entered within 7 days after the establishment of, 1
or changes to, the management structure. 2
of mine workings 3
Plans
58.(1) A site senior executive must keep at the mine-- 4
(a) plans showing, as far as practicable-- 5
(i) the extent of the mine workings and the current position of 6
any part of the mine workings; and 7
(ii) for an underground mine, the significant topographical 8
features on the surface above the mine; and 9
(b) plans showing the extent of mining undertaken at or near the 10
mine; and 11
(c) information likely to be required to evaluate the effect of the mine 12
on-- 13
(i) the safety of adjoining mines; and 14
(ii) any potential uncontrolled flow of material into the mine 15
workings; and 16
(d) information likely to be required to evaluate the effect of any 17
adjoining mine on the safety of the mine. 18
Maximum penalty--100 penalty units. 19
(2) A site senior executive, if asked by an inspector, inspection officer or 20
district worker's representative, must give to the inspector, officer or 21
representative plans showing the extent of the mine workings or the current 22
position of any part of the mine workings and the information mentioned in 23
subsection (1)(c) or (d). 24
Maximum penalty--100 penalty units. 25
s 59 43 s 59
Mining and Quarrying Safety and Health
(3) Within 14 days after the abandonment of a mine, the person who was 1
the operator for the mine immediately before the abandonment must give 2
the chief inspector plans showing the extent of operations undertaken at the 3
mine.10 4
Maximum penalty--100 penalty units. 5
(4) A site senior executive of a mine must, as soon as reasonably 6
practicable, provide information mentioned in subsection (1)(c) or (d) to the 7
site senior executive of an adjoining mine-- 8
(a) if asked by the site senior executive of the adjoining mine; or 9
(b) if the information is relevant to the safety of the adjoining mine. 10
Maximum penalty--100 penalty units. 11
(5) The accuracy of the plans mentioned in this section must be certified 12
by a person competent in mining surveying. 13
(6) A reference in this section to plans is a reference to plans as certified 14
under subsection (5). 15
record 16
Mine
59.(1) An operator for a mine must keep a mine record that includes-- 17
(a) all reports of, and findings and recommendations resulting from, 18
inspections, investigations and audits carried out at a mine under 19
this Act; and 20
(b) all directives issued under this Act to the operator and the 21
operator's agents or representatives; and 22
(c) a record of all remedial actions taken as a result of directives 23
issued under this Act; and 24
(d) a record of and reports about all serious accidents and high 25
potential incidents that have happened at the mine; and 26
(e) all other reports or information that may be prescribed under a 27
regulation. 28
10 The plans given to the chief inspector form part of the database under
section 258.
s 60 44 s 61
Mining and Quarrying Safety and Health
Maximum penalty--200 penalty units. 1
(2) For subsection (1), a matter must be kept in the mine record for 2
7 years after the matter is included in the record. 3
(3) Subsection (2) applies whether the matter was included under this 4
Act or the repealed Mines Regulation Act 1964. 5
(4) The operator must ensure the mine record, relating to the previous 6 6
months at least, is available at all reasonable times for inspection by 7
workers at the mine. 8
Maximum penalty--200 penalty units. 9
(5) A person must not destroy, deface or alter the mine record so that it is 10
no longer a correct and complete record. 11
Maximum penalty--400 penalty units. 12
of reports and directives 13
Display
60. The site senior executive must display a copy of current directives 14
and reports of inspections carried out at a mine under this Act in 1 or more 15
conspicuous positions at the mine in a way likely to come to the attention of 16
workers at the mine affected by the directive. 17
Maximum penalty--100 penalty units. 18
Division 5--Protection of abandoned mines 19
for protecting abandoned mines 20
Responsibility
61.(1) If a mine is abandoned, the person who was the operator for the 21
mine immediately before the abandonment must ensure at the time of 22
abandonment that the abandoned mine is safe and made secure. 23
Maximum penalty--800 penalty units. 24
(2) If the operator does not comply with subsection (1), the holder for the 25
mine must ensure the abandoned mine is safe and made secure. 26
Maximum penalty--800 penalty units. 27
s 62 45 s 63
Mining and Quarrying Safety and Health
(3) Without limiting subsection (1) or (2), while the holder is the holder 1
for the mine, the holder must ensure the mine is safe and made secure. 2
Maximum penalty--800 penalty units. 3
(4) If an abandoned mine is not safe and made secure, the chief executive 4
may make it safe and secure and recover the cost of making it safe and 5
secure from the person with the obligation to ensure the mine is safe and 6
made secure. 7
(5) A conviction under this section with or without penalty does not 8
affect the chief executive's ability to recover the cost of making the mine 9
safe and secure. 10
PART 5--GUIDELINES 11
of guidelines 12
Purpose
62. A guideline may be made for safety and health stating ways to 13
achieve an acceptable level of risk to persons arising out of operations. 14
15
Guidelines
63.(1) The Minister may make guidelines. 16
(2) The Minister must notify the making of a guideline by gazette notice. 17
(3) The chief executive must keep a copy of each guideline and any 18
document applied, adopted or incorporated by the guideline available for 19
inspection, without charge, during normal business hours at each 20
department office dealing with safety and health. 21
(4) The chief executive, on payment by a person of a reasonable fee 22
decided by the chief executive, must give a copy of a guideline to the 23
person. 24
s 64 46 s 67
Mining and Quarrying Safety and Health
of guidelines in proceedings 1
Use
64. A guideline is admissible in evidence in a proceeding if-- 2
(a) the proceeding relates to a contravention of a safety and health 3
obligation imposed on a person under part 3; and 4
(b) it is claimed that the person contravened the obligation by failing 5
to achieve an acceptable level of risk; and 6
(c) the guideline is about achieving an acceptable level of risk. 7
PART 6--INDUSTRY CONSULTATIVE 8
ARRANGEMENTS 9
Division 1--Purposes of part 10
urposes of pt 6 11
P
65. The main purposes of this part are to provide for the establishment of 12
a mining safety and health advisory council and to state its functions. 13
Division 2--Mining safety and health advisory council and its functions 14
safety and health advisory council 15
Mining
66. The mining safety and health advisory council (the "council") is 16
established. 17
of council 18
Functions
67.(1) The primary function of the council is to give advice and make 19
recommendations to the Minister about promoting and protecting the safety 20
and health of persons at mines. 21
(2) Without limiting subsection (1), the council must discharge its 22
primary function by-- 23
s 67 47 s 67
Mining and Quarrying Safety and Health
(a) periodically reviewing-- 1
(i) the effectiveness of this Act, regulations and guidelines; and 2
(ii) the effectiveness of the control of risk to any person from 3
operations; and 4
(b) within 3 years after the commencement, reviewing the 5
effectiveness of the board of examiners and the need for the 6
continuation of its functions. 7
(3) The council also has the functions of-- 8
(a) establishing, recognising and publishing-- 9
(i) the competencies accepted by it as qualifying a person to 10
perform stated tasks; and 11
(ii) the safety and health competencies required to perform the 12
duties of a person under this Act; and 13
(b) if asked by the Minister, making recommendations about 14
individuals nominated to be district workers' representatives. 15
(4) In periodically reviewing effectiveness under subsection (2), the 16
council must have regard to the following-- 17
(a) the risk management performance of the mining industry; 18
(b) the appropriateness of guidelines; 19
(c) education, training, and standards of competency within the 20
mining industry; 21
(d) the implementation of recommendations from inspectors' 22
investigations, coroners' inquests, boards of inquiry, and other 23
sources; 24
(e) the promotion of community knowledge and awareness of safety 25
and health in the mining industry; 26
(f) any other matter referred to it by the Minister. 27
s 68 48 s 71
Mining and Quarrying Safety and Health
report 1
Annual
68.(1) As soon as practicable, but within 4 months, after the end of each 2
financial year, the council must prepare and give to the Minister a report on 3
the council's operations for the year. 4
(2) The Minister must table a copy of the report in the Legislative 5
Assembly within 14 sitting days after receiving it. 6
Division 3--Membership and conduct of council proceedings 7
of council 8
Membership
69.(1) The council is to consist of 9 members, 1 of whom is the 9
chairperson. 10
(2) The chairperson must be an inspector appointed by the Minister as 11
the chairperson. 12
to submit names to Minister 13
Organisations
70.(1) The following organisations, within 1 month of being asked to do 14
so by the Minister, may submit a panel of names of individuals experienced 15
in mining operations the organisations nominate to be members of the 16
council-- 17
(a) industrial organisations representing operators; 18
(b) industrial organisations representing workers. 19
(2) Only 1 panel may be submitted by all industrial organisations 20
representing operators. 21
(3) Only 1 panel may be submitted by all industrial organisations 22
representing workers. 23
(4) Each panel must include 4 or more names. 24
of members 25
Appointment
71.(1) The Minister must appoint 3 persons from each panel to be 26
members of the council. 27
s 72 49 s 73
Mining and Quarrying Safety and Health
(2) One of the persons appointed from the panel submitted by industrial 1
organisations representing operators must represent quarry operators. 2
(3) One of the persons appointed from the panel submitted by industrial 3
organisations representing workers must be a member of the industrial 4
organisation that represents the majority of the workers in Queensland. 5
(4) The Minister must appoint 2 inspectors to be members of the council, 6
in addition to the inspector appointed to be chairperson. 7
(5) The Minister may appoint a person to be a member only if the person 8
is experienced in operations. 9
(6) In selecting a person for appointment to the council, the Minister 10
must also consider the following in relation to the person-- 11
(a) breadth of experience in the mining industry; 12
(b) demonstrated commitment to promoting safety and health 13
standards in the mining industry; 14
(c) practical knowledge of the mining industry and of relevant 15
legislation. 16
(7) If a panel of names is not submitted to the Minister within the stated 17
time, the Minister may appoint 3 persons the Minister considers appropriate 18
to be members of the council. 19
(8) The members who are not inspectors must be appointed under this 20
Act and not the Public Service Act 1996. 21
of appointment 22
Duration
72.(1) A member of the council, other than the chairperson, may be 23
appointed by the Minister for a term of not more than 3 years. 24
(2) A person, other than the chairperson, may not be a member of the 25
council for more than 8 consecutive years. 26
of appointment 27
Conditions
73.(1) A member of the council is entitled to the remuneration and 28
allowances that may be decided by the Governor in Council. 29
s 74 50 s 77
Mining and Quarrying Safety and Health
(2) A member holds office on the conditions not provided by this Act 1
that are decided by the Governor in Council. 2
ceasing as member 3
Member
74. The office of a member of the council becomes vacant if the 4
member-- 5
(a) finishes a term of office and is not reappointed; or 6
(b) resigns by notice of resignation given to the Minister; or 7
(c) is absent from 3 consecutive meetings of the council without 8
leave of the council and without reasonable excuse; or 9
(d) is removed from office by the Minister for any reason or none. 10
and places of meetings of the council 11
Times
75.(1) The council may hold its meetings at the times and places it 12
decides. 13
(2) However, the council must meet at least twice a year. 14
(3) The chairperson-- 15
(a) may call a meeting of the council at any time; and 16
(b) must call a meeting if asked by at least 4 members. 17
(4) Also, the Minister may call a meeting of the council at any time. 18
at meetings of the council 19
Presiding
76.(1) The chairperson must preside at all meetings of the council at 20
which the chairperson is present. 21
(2) In the absence of the chairperson, an inspector nominated by the 22
chairperson presides. 23
and voting at meetings of the council 24
Quorum
77.(1) At a meeting of the council-- 25
(a) 4 members constitute a quorum; and 26
s 78 51 s 80
Mining and Quarrying Safety and Health
(b) a question must be decided by a majority of the votes of the 1
members present and voting; and 2
(c) each member present has a vote on each question to be decided 3
and, if the votes are equal, the member presiding also has a 4
casting vote. 5
(2) A quorum must include-- 6
(a) a member who represents operators; and 7
(b) a member who represents workers; and 8
(c) a member who represents inspectors. 9
to Minister if vote not unanimous 10
Recommendation
78.(1) If the council gives advice or makes a recommendation to the 11
Minister about a matter, the council must advise the Minister whether the 12
council's decision about the matter was unanimous. 13
(2) If the decision was not unanimous, the council must advise the 14
Minister of the views of the minority. 15
part in meetings by telephone etc. 16
Taking
79.(1) The council may permit members to take part in a particular 17
meeting, or all meetings, by any technology permitting contemporaneous 18
communication with other council members. 19
(2) A member who takes part in a meeting of the council under a 20
permission under subsection (1) is taken to be present at the meeting. 21
without meetings 22
Resolutions
80.(1) If at least 6 members of the council sign a document containing a 23
statement that they are in favour of a resolution stated in the document, the 24
resolution is taken to have been passed at a meeting of the council held on 25
the day when the last of the members signing the document signs the 26
document. 27
(2) However, the 6 members must include-- 28
(a) a member who represents operators; and 29
s 81 52 s 83
Mining and Quarrying Safety and Health
(b) a member who represents workers; and 1
(c) a member who represents inspectors. 2
(3) If, a resolution is, under subsection (1), taken to have been passed at a 3
council meeting, each member must be advised immediately of the matter 4
and be given a copy of the terms of the resolution. 5
(4) For subsection (1), 2 or more separate documents containing a 6
statement in identical terms, each of which is signed by 1 or more 7
members, are taken to be a single document. 8
by the council 9
Minutes
81. The council must keep minutes of its proceedings. 10
11
Committees
82. The council may appoint committees to advise it on a particular issue. 12
ART 7--SITE SAFETY AND HEALTH 13
P
REPRESENTATIVES AND COMMITTEES 14
1--Purpose of part 15
Division
of pt 7 16
Purpose
83. The main purposes of this part are-- 17
(a) to provide for the selection or election of site safety and health 18
representatives and to state their functions and powers; and 19
(b) to provide for site safety and health committees and to state their 20
functions and powers. 21
s 84 53 s 85
Mining and Quarrying Safety and Health
Division 2--Site safety and health representatives 1
or election of site safety and health representatives 2
Selection
84.(1) The workers at a mine may select or elect up to 2 of their number 3
to be site safety and health representatives for the mine for the term decided 4
by the workers. 5
(2) If there is more than 1 site senior executive at a mine, the workers in 6
each part of the mine for which a site senior executive has responsibility 7
may select or elect 2 workers to be site safety and health representatives for 8
each part for the term decided by the workers. 9
(3) However, the workers and the site senior executive may decide that 10
there are to be more than 2 site safety and health representatives for the 11
mine or part of the mine if they consider this is necessary because of the 12
size and complexity of operations. 13
(4) The workers and the site senior executive may also decide an area 14
("area of representation") within the mine or part of the mine for which 1 15
or more site safety and health representatives are to have responsibility. 16
(5) A worker does not need any qualifications to be selected or elected as 17
a safety and health representative but must have been a worker for at least 2 18
years and must receive appropriate training for a safety and health 19
competency mentioned in section 86. 20
(6) When performing functions or exercising powers under this part, a 21
site safety and health representative is taken to be performing part of the 22
worker's duties as a worker. 23
site safety and health representatives are selected or elected 24
How
85.(1) If workers can not agree on the selection of site safety and health 25
representatives, an election by workers by secret ballot must be held to 26
choose the representatives. 27
(2) A site senior executive must, if asked by the workers, help workers 28
in the selection or election of site safety and health representatives. 29
Maximum penalty for subsection (2)--40 penalty units. 30
s 86 54 s 90
Mining and Quarrying Safety and Health
safety and health representative must obtain qualifications 1
Site
86. A person must not continue to act as a site safety and health 2
representative for more than 3 months after the representative's selection or 3
election unless the person has a safety and health competency established by 4
the council for a site safety and health representative. 5
Maximum penalty--40 penalty units. 6
safety and health representative must perform functions and 7
Site
exercise powers appropriately 8
87. A site safety and health representative must perform the functions 9
and exercise the powers of a site safety and health representative under this 10
Act for safety and health purposes and for no other purpose. 11
Maximum penalty--40 penalty units. 12
to be a site safety and health representative 13
Ceasing
88. A worker stops being a site safety and health representative if the 14
worker-- 15
(a) tells the site senior executive that the worker resigns as site safety 16
and health representative; or 17
(b) stops being a worker at the mine; or 18
(c) is removed from office by a vote of workers by secret ballot. 19
and powers for area of representation 20
Functions
89. If a site safety and health representative has an area of representation 21
within the mine or part of the mine the representative may exercise the 22
powers and perform the functions of a site safety and health representative 23
for the area of representation only. 24
of site safety and health representatives 25
Functions
90.(1) A site safety and health representative has the following 26
functions-- 27
s 90 55 s 90
Mining and Quarrying Safety and Health
(a) to inspect parts of the operations and participate in inspections and 1
investigations conducted by the site senior executive, a supervisor 2
or an inspector; 3
(b) to review procedures in place at the mine to control the risk to 4
workers so that it is at an acceptable level; 5
(c) to review the circumstances of injuries, illnesses and high 6
potential incidents; 7
(d) to consult with supervisors about corrective and preventive action, 8
and about other safety and health matters; 9
(e) to consult with district workers' representatives, inspectors, 10
advisers and independent experts; 11
(f) to help in the resolution of safety and health issues; 12
(g) to investigate complaints from workers about safety and health; 13
(h) to refer safety and health matters to the site safety and health 14
committee as appropriate. 15
(2) The site senior executive and supervisors at the mine must give 16
reasonable help to a site safety and health representative in carrying out the 17
representative's functions. 18
Maximum penalty--40 penalty units. 19
(3) The site senior executive or the site senior executive's representative 20
may accompany the site safety and health representative during an 21
inspection. 22
(4) A site safety and health representative who makes an inspection of 23
the mine must-- 24
(a) make a written report on the inspection; and 25
(b) give a copy of the report to the site senior executive; and 26
(c) if the inspection indicates the existence or possible existence of 27
danger, immediately-- 28
(i) notify the site senior executive or the responsible supervisor; 29
and 30
(ii) send a copy of the report to an inspector. 31
s 91 56 s 92
Mining and Quarrying Safety and Health
(5) If a site safety and health representative believes a safety and health 1
management system is inadequate or ineffective, the representative must 2
inform the site senior executive. 3
(6) If the site safety and health representative is not satisfied the site 4
senior executive is taking the action necessary to make the safety and health 5
management system adequate and effective, the representative must advise 6
an inspector. 7
(7) The inspector must investigate the matter and report the results of the 8
investigation in the mine record. 9
of site safety and health representative 10
Powers
91. A site safety and health representative has the following powers-- 11
(a) subject to section 89, to enter any part of the mine at any time to 12
carry out the functions of the site safety and health representative, 13
if reasonable notice is given to the site senior executive or the site 14
senior executive's representative; 15
(b) to examine any documents relevant to safety and health held by 16
the site senior executive under this Act, if the site safety and 17
health representative has reason to believe the documents contain 18
information required to assess whether procedures are in place at 19
the mine to achieve an acceptable level of risk to workers. 20
operations by site safety and health representatives 21
Stopping
92.(1) This section applies if a site safety and health representative 22
reasonably believes operations pose a serious danger to the safety and health 23
of workers at the mine. 24
(2) The site safety and health representative must first notify and consult 25
with the site senior executive or an appropriate supervisor so that action 26
may be taken to remove the danger to the safety and health of workers. 27
(3) If consultation is not possible because immediate action to safeguard 28
workers is necessary or if consultation does not lead to agreement on the 29
action to be taken, a site safety and health representative may-- 30
(a) stop the operations or part of the operations; and 31
s 93 57 s 96
Mining and Quarrying Safety and Health
(b) evacuate persons to a safe location. 1
(4) The site safety and health representative must give a written report to 2
the site senior executive about the action taken under subsection (3) and the 3
reasons for the action. 4
operations may be restarted 5
When
93. If action has been taken by the site safety and health representative 6
under section 92(3), the site senior executive must ensure that the operations 7
are not restarted until the risk to workers from the operations is at an 8
acceptable level. 9
Maximum penalty--200 penalty units. 10
safety and health representative not to unnecessarily impede 11
Site
production 12
94. A site safety and health representative must not unnecessarily impede 13
production at a mine when exercising the representative's powers or 14
performing the representative's functions. 15
Maximum penalty200 penalty units. 16
of site safety and health representatives performing 17
Protection
functions 18
95. A mine operator, site senior executive, contractor or other supervisor 19
must not prevent or attempt to prevent a site safety and health representative 20
from performing his or her functions or penalise a safety and health 21
representative for performing his or her functions. 22
Maximum penalty--200 penalty units. 23
Division 3--Site safety and health committees 24
safety and health committees 25
Site
96.(1) A site senior executive for a mine or part of a mine must establish 26
a safety and health committee for the mine or part if-- 27
s 97 58 s 98
Mining and Quarrying Safety and Health
(a) asked by a site safety and health representative; or 1
(b) directed by the chief inspector. 2
Maximum penalty--100 penalty units. 3
(2) However, the workers and the site senior executive may decide that 4
there is to be more than 1 safety and health committee for the mine or part 5
of the mine if they consider this is necessary because of the size and 6
complexity of operations. 7
(3) If more than 1 committee is established, the area of the mine or part 8
to be covered by each committee must be decided. 9
of committee 10
Membership
97.(1) A site safety and health committee for a mine or part of a mine 11
consists of at least 2 members being-- 12
(a) a site safety and health representative for the mine or part; and 13
(b) the site senior executive for the mine or part or the site senior 14
executive's representative. 15
(2) The committee may include other members ("nominated 16
members") nominated by the site senior executive and the workers. 17
(3) A committee member must be a worker in the mine or part. 18
(4) At least half the nominated members must be workers nominated by 19
workers and must work in the area of the mine covered by the committee. 20
of safety and health committee 21
Functions
98. A safety and health committee has the following functions-- 22
(a) to facilitate consultation and cooperation between management 23
and workers in initiating, developing and implementing 24
management of risk from operations; 25
(b) to encourage an active interest in safety and health matters at the 26
mine; 27
(c) to review the circumstances of injuries, illness and high potential 28
incidents, and recommend appropriate action; 29
s 99 59 s 102
Mining and Quarrying Safety and Health
(d) to consider any proposed changes to operations that may 1
reasonably be expected to affect the control of risk, and make 2
appropriate recommendations; 3
(e) to carry out inspections; 4
(f) to consider matters referred to the committee by a safety and 5
health representative; 6
(g) to help in the resolution of a safety and health issues; 7
(h) to perform other functions to promote safety and health. 8
of meetings 9
Times
99. Meetings of a site safety and health committee are to be held at the 10
times it decides, but must be held at least once every 3 months. 11
at meetings 12
Proceedings
100. A site safety and health committee must keep minutes of its 13
meetings, but may otherwise conduct its proceedings in the way it decides. 14
to be made available 15
Minutes
101. The site senior executive must make the minutes of a meeting of a 16
site safety and health committee available at all reasonable times for 17
inspection by workers at the mine and by an inspector. 18
Maximum penalty--40 penalty units. 19
Division 4--Duties of site senior executive 20
for help to representatives and committees 21
Provision
102. The site senior executive must-- 22
(a) provide appropriate training during working time to persons 23
selected or elected to be site safety and health representatives 24
within 3 months of selection or election; and 25
s 103 60 s 103
Mining and Quarrying Safety and Health
(b) provide to site safety and health committees access to appropriate 1
facilities necessary to perform their functions; and 2
(c) ensure that site safety and health representatives and committee 3
members receive their normal pay for time spent-- 4
(i) in performing their functions; or 5
(ii) undergoing training for a safety and health competency 6
established by the council for a site safety and health 7
representative. 8
Maximum penalty--40 penalty units. 9
senior executive to tell site safety and health representatives about 10
Site
certain things 11
103.(1) Subject to section 89,11 a site senior executive must tell a site 12
safety and health representative at the mine about the following things if 13
they are within the representative's area of representation-- 14
(a) an injury or illness to a person from operations that causes an 15
absence from work of the person; 16
(b) a high potential incident happening at the mine; 17
(c) any proposed changes to the operations, or plant or substances 18
used at the mine, that affect, or may affect, the safety and health 19
of persons at the mine; 20
(d) the presence of an inspector or inspection officer at the mine if the 21
representative is at the mine; 22
(e) a directive given by an inspector or inspection officer about a 23
matter. 24
Maximum penalty--40 penalty units. 25
(2) The site senior executive must tell each representative as soon as 26
practicable after the thing comes to the site senior executive's knowledge. 27
11 Section 89 (Functions and powers for areas of representation)
s 104 61 s 105
Mining and Quarrying Safety and Health
senior executive to display identity of site safety and health 1
Site
representatives 2
104.(1) A site senior executive for a mine must display a notice as 3
required by subsections (2) to (4) advising the identity of each site safety 4
and health representative for the mine. 5
Maximum penalty--40 penalty units. 6
(2) The site senior executive must display the notice within 5 days after 7
the site senior executive is notified of the representative's selection or 8
election. 9
(3) If the mine has only 1 site safety and health representative, the site 10
senior executive must display the notice in 1 or more conspicuous positions 11
at the mine in a way likely to come to the attention of workers at the mine. 12
(4) If the mine has more than 1 site safety and health representative, the 13
site senior executive must display a notice about each representative's 14
identity in a conspicuous position in the mine or part of the mine covered by 15
the representative in a way likely to come to the attention of workers in the 16
mine or part. 17
ART 8--DISTRICT WORKERS' 18
P
REPRESENTATIVES 19
Division 1--Purposes of part 20
urposes of pt 8 21
P
105. The main purposes of this part are to provide for the appointment of 22
district workers' representatives and to state their functions and powers. 23
s 106 62 s 108
Mining and Quarrying Safety and Health
Division 2--District workers' representatives 1
and appointment of district workers' representatives 2
Nomination
106.(1) The Minister may appoint up to 4 persons to be district workers' 3
representatives from nominees for the positions. 4
(2) The term of office of a district workers' representative must not be 5
more than 4 years. 6
(3) An industrial organisation with members in the mining industry may 7
nominate individuals to be district workers' representatives. 8
(4) The Minister is to appoint, from the persons nominated, persons who 9
satisfy the Minister they-- 10
(a) have appropriate competencies and adequate experience to 11
perform the functions of a district workers' representative; and 12
(b) are in a position to adequately represent the safety and health 13
interests of a majority of workers. 14
(5) A district workers' representative is appointed under this Act and not 15
under the Public Service Act 1996. 16
of district workers' representative 17
Funding
107.(1) A district workers' representative is entitled to the remuneration 18
and allowances decided by the Minister. 19
(2) The representative holds office on the conditions not provided by this 20
Act decided by the Minister. 21
of appointment 22
Termination
108.(1) The Minister may end the appointment of a district workers' 23
representative by notice if the Minister considers the representative is not 24
performing the representative's functions satisfactorily. 25
(2) The notice must contain the Minister's reasons for ending the 26
appointment of the district workers' representative. 27
s 109 63 s 111
Mining and Quarrying Safety and Health
after termination 1
Appointment
109.(1) If a person's appointment as district workers' representative is 2
ended by the Minister, the Minister may appoint another person to be 3
district workers' representative. 4
(2) However, the Minister must not appoint another person to be a 5
district worker's representative unless-- 6
(a) the time for filing an appeal under part 13, division 112 has ended; 7
or 8
(b) if an appeal against the Minister's decision has been filed, an 9
industrial magistrate's court has confirmed the Minister's 10
decision to end the appointment of the district workers' 11
representative. 12
(3) The provisions of this division about nomination and appointment 13
apply to the appointment. 14
of temporary vacancy 15
Filling
110. If a person is temporarily unable to perform the functions of a 16
district workers' representative, the Minister may appoint a substitute in the 17
way and for the term the Minister considers appropriate. 18
not to pretend to be district workers' representatives if not 19
Persons
appointed 20
111. A person not appointed as a district workers' representative must 21
not pretend to be a district workers' representative. 22
Maximum penalty--40 penalty units. 23
12 Part 13 (Appeals), division 1 (Appeal against termination of appointment of
district workers' representative)
s 112 64 s 113
Mining and Quarrying Safety and Health
workers' representative restricted to safety and health 1
District
purposes 2
112. A district workers' representative must not perform a function or 3
exercise a power of a district workers' representative under this Act for a 4
purpose other than a safety and health purpose. 5
Maximum penalty--40 penalty units. 6
of district workers' representatives 7
Functions
113.(1) A district workers' representative has the following functions-- 8
(a) to help, represent and advise workers on matters relating to safety 9
and health; 10
(b) to inspect mines to assess whether the level of risk to the safety 11
and health of workers is at an acceptable level; 12
(c) to participate in inspections by inspectors and inspection officers; 13
(d) to participate in investigations into serious accidents and high 14
potential incidents and other matters related to safety or health at 15
mines; 16
(e) to investigate complaints from workers regarding safety or health 17
at mines; 18
(f) to help in relation to initiatives to improve safety or health at 19
mines. 20
(2) The following persons may accompany the district workers' 21
representative during an inspection-- 22
(a) the site senior executive or a person representing the site senior 23
executive; 24
(b) a site safety and health representative or a person representing the 25
site safety and health representative. 26
(3) A district workers' representative who makes an inspection of the 27
mine must-- 28
(a) make a written report on the inspection; and 29
(b) give a copy of the report to the site senior executive and send a 30
copy to an inspector; and 31
s 114 65 s 114
Mining and Quarrying Safety and Health
(c) if the inspection indicates the existence or possible existence of 1
danger, immediately notify the site senior executive or the 2
responsible supervisor. 3
of district workers' representatives 4
Powers
114.(1) A district workers' representative has the following powers-- 5
(a) to make inquiries about the operations of mines relevant to the 6
safety or health of workers; 7
(b) to enter any part of a mine at any time to carry out the 8
representative's functions, if reasonable notice of the proposed 9
entry is given to the site senior executive or the site senior 10
executive's representative; 11
(c) to examine any documents relevant to safety and health held by 12
persons with obligations under this Act, if the representative has 13
reason to believe the documents contain information required to 14
assess whether procedures are in place at a mine to achieve an 15
acceptable level of risk to workers; 16
(d) to copy safety and health management system documents, 17
including standard work instructions and training records; 18
(e) to require the person in control or temporarily in control of a mine 19
to give the representative reasonable help in the exercise of a 20
power under paragraphs (a) to (d); 21
(f) to issue a directive under section 162.13 22
(2) A person in control or temporarily in control of a mine required to 23
help the district workers' representative under subsection (1)(e) must 24
comply with the requirement, unless the person has a reasonable excuse. 25
Maximum penalty--100 penalty units. 26
13 Section 162 (Directive to suspend operations for unacceptable level of risk)
s 115 66 s 117
Mining and Quarrying Safety and Health
(3) If the district workers' representative requires access to documents 1
for subsection (1)(c), a person with an obligation under the Act with access 2
to the documents must produce them as soon as reasonably practicable after 3
being asked, unless the person has a reasonable excuse. 4
Maximum penalty--100 penalty units. 5
workers' representative not to unnecessarily impede 6
District
production 7
115. A district workers' representative must not unnecessarily impede 8
production at a mine when exercising the representative's powers, or 9
performing the representative's functions. 10
Maximum penalty--200 penalty units. 11
or ineffective safety and health management systems 12
Inadequate
116.(1) If a district workers' representative believes a safety and health 13
management system is inadequate or ineffective, the representative must 14
advise the site senior executive stating the reasons for the representative's 15
belief. 16
(2) If the district workers' representative is not satisfied the site senior 17
executive is taking the action necessary to make the safety and health 18
management system adequate and effective, the representative must advise 19
an inspector. 20
(3) The inspector must investigate the matter and report the results of the 21
investigation in the mine record. 22
cards 23
Identity
117.(1) The chief executive must give each district workers' 24
representative an identity card. 25
(2) The identity card must-- 26
(a) contain a recent photograph of the representative; and 27
(b) be signed by the representative; and 28
s 118 67 s 120
Mining and Quarrying Safety and Health
(c) identify the person as a district workers' representative under this 1
Act. 2
to return identity card 3
Failure
118. A person who ceases to be a district workers' representative must 4
return the person's identity card to the chief executive as soon as practicable, 5
but within 21 days, after ceasing to be a district workers' representative, 6
unless the person has a reasonable excuse. 7
Maximum penalty--40 penalty points. 8
or display of identity card 9
Production
119.(1) A district workers' representative may exercise a power in 10
relation to another person only if the representative-- 11
(a) first produces the representative's identity card for the other 12
person's inspection; or 13
(b) has the identity card displayed so it is clearly visible to the other 14
person. 15
(2) However, if for any reason it is not practicable to comply with 16
subsection (1) before exercising the power, the district workers' 17
representative must produce the identity card for the other person's 18
inspection at the first reasonable opportunity. 19
PART 9--INSPECTORS AND INSPECTION 20
OFFICERS AND DIRECTIVES 21
Division 1--Inspectors and inspection officers 22
ppointments 23
A
120.(1) The chief executive must appoint officers or employees of the 24
public service as inspectors or inspection officers. 25
s 121 68 s 123
Mining and Quarrying Safety and Health
(2) The chief executive must appoint an inspector to be chief inspector of 1
mines. 2
for appointment as inspector 3
Qualifications
121. The chief executive may appoint a person as an inspector only if the 4
chief executive considers the person has-- 5
(a) a professional engineering qualification relevant to operations 6
from an Australian university or an equivalent qualification; and 7
(b) appropriate competencies, and adequate experience, at senior level 8
in operations, to effectively perform an inspector's functions 9
under this Act. 10
for appointment as inspection officer 11
Qualifications
122. The chief executive may appoint a person as an inspection officer 12
only if the chief executive considers the person has appropriate 13
competencies, or other adequate experience, to effectively perform an 14
inspection officer's functions under this Act. 15
of inspectors and inspection officers 16
Functions
123. Inspectors and inspection officers have the following functions-- 17
(a) to enforce this Act; 18
(b) to monitor safety and health performance at mines; 19
(c) to inspect and audit mines to assess whether risk is at an 20
acceptable level; 21
(d) to help persons to achieve the purposes of this Act by providing 22
advice and information on how the purposes are to be achieved; 23
(e) to check that safety and health management systems and 24
procedures are in place to control risk to persons affected by 25
operations; 26
(f) to provide the advice and help that may be required from time to 27
time during emergencies at mines that may affect the safety or 28
health of persons; 29
s 124 69 s 126
Mining and Quarrying Safety and Health
(g) if unsafe practices or conditions at mines are detected, to ensure 1
timely corrective or remedial action is being taken and, if not, 2
require it to be taken; 3
(h) to investigate serious accidents and high potential incidents and 4
other matters at mines that affect the successful management of 5
risk to persons; 6
(i) to investigate complaints about matters relating to safety or health 7
resulting from operations. 8
functions of inspectors 9
Further
124. Inspectors have the following additional functions-- 10
(a) to advise the chief inspector on safety and health at mines; 11
(b) to make recommendations to the chief inspector about 12
prosecutions under this Act. 13
cards 14
Identity
125.(1) The chief executive must give each inspector and inspection 15
officer an identity card. 16
(2) The identity card must-- 17
(a) contain a recent photograph of the inspector or inspection officer; 18
and 19
(b) be signed by the inspector or inspection officer; and 20
(c) identify the person as an inspector or inspection officer under this 21
Act. 22
to return identity card 23
Failure
126. A person who ceases to be an inspector or inspection officer must 24
return the person's identity card to the chief executive as soon as practicable, 25
but within 21 days, after ceasing to be an inspector or inspection officer, 26
unless the person has a reasonable excuse. 27
Maximum penalty--40 penalty points. 28
s 127 70 s 128
Mining and Quarrying Safety and Health
or display of identity card 1
Production
127.(1) An inspector or inspection officer may exercise a power in 2
relation to another person only if the inspector or inspection officer-- 3
(a) first produces the inspector's or inspection officer's identity card 4
for the other person's inspection; or 5
(b) has the identity card displayed so it is clearly visible to the other 6
person. 7
(2) However, if for any reason it is not practicable to comply with 8
subsection (1) before exercising the power, the inspector or inspection 9
officer must produce the identity card for the other person's inspection at 10
the first reasonable opportunity. 11
2--Powers of inspectors and inspection officers 12
Division
1--Power to enter places 13
Subdivision
to places 14
Entry
128.(1) An inspector or inspection officer may enter a place if-- 15
(a) its occupier consents to the entry; or 16
(b) it is a public place and the entry is made when it is open to the 17
public; or 18
(c) the entry is authorised by a warrant; or 19
(d) it is a mine; or 20
(e) it is a workplace under the control of a person who has an 21
obligation under this Act and is-- 22
(i) open for carrying on business; or 23
(ii) otherwise open for entry. 24
(2) For the purpose of asking the occupier of a place for consent to enter, 25
an inspector or inspection officer may, without the occupier's consent or a 26
warrant-- 27
s 129 71 s 129
Mining and Quarrying Safety and Health
(a) enter land around premises at the place to an extent that is 1
reasonable to contact the occupier; or 2
(b) enter part of the place the inspector or inspection officer 3
reasonably considers members of the public ordinarily are 4
allowed to enter when they wish to contact the occupier. 5
(3) For subsection (1)(e), a workplace does not include a part of the place 6
where a person resides. 7
(4) An inspector or inspection officer who enters a mine or workplace 8
must not unnecessarily impede production. 9
(5) In this section-- 10
"workplace" means a workplace to which the Workplace Health and 11
Safety Act 1995 applies. 12
Subdivision 2--Procedure for entry 13
to entry 14
Consent
129.(1) This section applies if an inspector or inspection officer intends 15
to ask an occupier of a place to consent to the inspector or inspection officer 16
or another inspector or inspection officer entering the place. 17
(2) Before asking for the consent, the inspector or inspection officer must 18
tell the occupier-- 19
(a) the purpose of the entry; and 20
(b) that the occupier is not required to consent. 21
(3) If the consent is given, the inspector or inspection officer may ask the 22
occupier to sign an acknowledgment of the consent. 23
(4) The acknowledgment must state-- 24
(a) the occupier has been told-- 25
(i) the purpose of the entry; and 26
(ii) that the occupier is not required to consent; and 27
(b) the purpose of the entry; and 28
s 130 72 s 131
Mining and Quarrying Safety and Health
(c) the occupier gives the inspector or inspection officer consent to 1
enter the place and exercise powers under this part; and 2
(d) the time and date the consent was given. 3
(5) If the occupier signs an acknowledgment, the inspector or inspection 4
officer must immediately give a copy to the occupier. 5
(6) A court must find the occupier did not consent to an inspector or 6
inspection officer entering the place under this part if-- 7
(a) an issue arises in a proceeding before the court whether the 8
occupier of a place consented to the entry; and 9
(b) an acknowledgment is not produced in evidence for the entry; and 10
(c) it is not proved by the person relying on the lawfulness of the 11
entry that the occupier consented to the entry. 12
for warrant 13
Application
130.(1) An inspector may apply to a magistrate for a warrant for a place. 14
(2) The application must be sworn and state the grounds on which the 15
warrant is sought. 16
(3) The magistrate may refuse to consider the application until the 17
inspector gives the magistrate all the information the magistrate requires 18
about the application in the way the magistrate requires. 19
20
Example--
21
The magistrate may require additional information supporting the application to
22
be given by statutory declaration.
of warrant 23
Issue
131.(1) The magistrate may issue a warrant only if the magistrate is 24
satisfied there are reasonable grounds for suspecting-- 25
(a) there is a particular thing or activity (the "evidence") that may 26
provide evidence of an offence against this Act; and 27
(b) the evidence is at the place, or may be at the place, within the next 28
7 days. 29
s 132 73 s 132
Mining and Quarrying Safety and Health
(2) The warrant must state-- 1
(a) that a stated inspector may, with necessary and reasonable help 2
and force-- 3
(i) enter the place and any other place necessary for entry; and 4
(ii) exercise the inspector's powers under this part; and 5
(b) the offence for which the warrant is sought; and 6
(c) the evidence that may be seized under the warrant; and 7
(d) the hours of the day or night when the place may be entered; and 8
(e) the date, within 14 days after the warrant's issue, the warrant 9
ends. 10
warrants 11
Special
132.(1) An inspector may apply for a warrant (a "special warrant") by 12
phone, fax, radio or another form of communication if the inspector 13
considers it necessary because of-- 14
(a) urgent circumstances; or 15
(b) other special circumstances, including, for example, the 16
inspector's remote location. 17
(2) Before applying for the warrant, the inspector must prepare an 18
application stating the grounds on which the warrant is sought. 19
(3) The inspector may apply for the warrant before the application is 20
sworn. 21
(4) After issuing the warrant, the magistrate must immediately fax a 22
copy to the inspector if it is reasonably practicable to fax the copy. 23
(5) If it is not reasonably practicable to fax a copy to the inspector-- 24
(a) the magistrate must tell the inspector-- 25
(i) what the terms of the warrant are; and 26
(ii) the date and time the warrant was issued; and 27
(b) the inspector must complete a form of warrant (a "warrant 28
form") and write on it-- 29
s 133 74 s 133
Mining and Quarrying Safety and Health
(i) the magistrate's name; and 1
(ii) the date and time the magistrate issued the warrant; and 2
(iii) the terms of the warrant. 3
(6) The facsimile warrant, or the warrant form properly completed by the 4
inspector, authorises the entry and the exercise of the other powers stated in 5
the warrant issued by the magistrate. 6
(7) The inspector must, at the first reasonable opportunity, send to the 7
magistrate-- 8
(a) the sworn application; and 9
(b) if the inspector completed a warrant form--the completed 10
warrant form. 11
(8) On receiving the documents, the magistrate must attach them to the 12
warrant. 13
(9) A court must find the exercise of the power by an inspector was not 14
authorised by a special warrant if-- 15
(a) an issue arises in a court proceeding whether the exercise of the 16
power was authorised by a special warrant; and 17
(b) the warrant is not produced in evidence; and 18
(c) it is not proved by the person relying on the lawfulness of the 19
entry that the occupier consented to the entry. 20
before entry 21
Warrants--procedure
133.(1) This section applies if an inspector named in a warrant issued 22
under this part for a place is intending to enter the place under the warrant. 23
(2) Before entering the place, the inspector must do or make a reasonable 24
attempt to do the following things-- 25
(a) identify himself or herself to a person present at the place who is 26
an occupier of the place by producing a copy of the inspector's 27
notice of appointment or other document evidencing the 28
appointment; 29
s 134 75 s 134
Mining and Quarrying Safety and Health
(b) give the person a copy of the warrant or if the entry is authorised 1
by a facsimile warrant or warrant form mentioned in 2
section 132(6),14 a copy of the facsimile warrant or warrant form; 3
(c) tell the person the inspector is permitted by the warrant to enter 4
the place; 5
(d) give the person an opportunity to allow the inspector immediate 6
entry to the place without using force. 7
(3) However, the inspector need not comply with subsection (2) if the 8
inspector believes on reasonable grounds that immediate entry to the place 9
is required to ensure the effective execution of the warrant is not frustrated. 10
Subdivision 3--General powers 11
powers after entering mine or other places 12
General
134.(1) This section applies to an inspector or inspection officer who 13
enters a mine or other place. 14
(2) However, if an inspector or inspection officer enters a place to get the 15
occupier's consent to enter premises, this section applies to the inspector or 16
inspection officer only if the consent is given or the entry is otherwise 17
authorised. 18
(3) For monitoring and enforcing compliance with this Act, the inspector 19
or inspection officer may-- 20
(a) search any part of the mine or other place; or 21
(b) inspect, measure, test, photograph or film any part of the mine or 22
other place or anything at the mine or other place; or 23
(c) take a thing, or a sample of or from a thing, at the mine or other 24
place for analysis or testing; or 25
(d) copy a document at the mine or other place; or 26
14 Section 132 (Special warrant)
s 135 76 s 136
Mining and Quarrying Safety and Health
(e) take into or onto the mine or other place any persons, equipment 1
and materials the inspector or inspection officer reasonably 2
requires for exercising a power under this division; or 3
(f) require a person at the mine or other place, to give the inspector or 4
inspection officer reasonable help to exercise the inspector's or 5
inspection officer's powers under paragraphs (a) to (e); or 6
(g) require a person at the mine or other place, to answer questions 7
by the inspector or inspection officer to help the inspector or 8
inspection officer ascertain whether this Act is being or has been 9
complied with. 10
(4) When making a requirement mentioned in subsection (3)(f) or (g), 11
the inspector or inspection officer must warn the person it is an offence to 12
fail to comply with the requirement, unless the person has a reasonable 13
excuse. 14
to help inspector or inspection officer 15
Failure
135. A person required to give reasonable help under section 134(3)(f)15 16
must comply with the requirement, unless the person has a reasonable 17
excuse. 18
Maximum penalty--100 penalty units. 19
to answer questions 20
Failure
136.(1) A person of whom a requirement is made under 21
section 134(3)(g) must not, unless the person has a reasonable excuse, fail 22
to comply with a requirement to answer a question. 23
Maximum penalty--40 penalty units. 24
15 Section 134 (General powers after entering mine or other places)
s 137 77 s 139
Mining and Quarrying Safety and Health
(2) It is a reasonable excuse for the person to fail to comply with the 1
requirement if complying with the requirement might tend to incriminate 2
the person. 3
(3) This section is subject to section 154.16 4
senior executive must help inspector or inspection officer 5
Site
137.(1) An inspector or inspection officer may require a site senior 6
executive to help the inspector or inspection officer in the performance of 7
the inspector's or inspection officer's functions. 8
(2) A site senior executive required to help an inspector or inspection 9
officer must comply with the requirement, unless the site senior executive 10
has a reasonable excuse. 11
Maximum penalty--100 penalty units. 12
Subdivision 4--Power to seize evidence 13
evidence at mine or other place 14
Seizing
138. An inspector or inspection officer who enters a mine or other place 15
under this part may seize a thing at the mine or other place if the inspector 16
or inspection officer reasonably believes the thing is evidence of an offence 17
against this Act. 18
things after seizure 19
Securing
139. Having seized a thing, an inspector or inspection officer may-- 20
(a) move the thing from the place where it was seized (the "place of 21
seizure"); or 22
(b) leave the thing at the place of seizure, but take reasonable action to 23
restrict access to it. 24
16 Section 154 (Person must answer question about serious accident or high
potential incident)
s 140 78 s 141
Mining and Quarrying Safety and Health
1
Examples of restricting access to a thing--
2
1. Sealing a thing and marking it to show access to it is restricted.
3
2. Sealing the entrance to a room where the thing is situated and marking it to
4
show access to it is restricted.
with things subject to seizure 5
Tampering
140. If an inspector or inspection officer restricts access to a thing seized, 6
a person must not tamper, or attempt to tamper, with the thing, or 7
something restricting access to the thing, without an inspector's or 8
inspection officer's approval. 9
Maximum penalty--100 penalty units. 10
to support seizure 11
Powers
141.(1) To enable a thing to be seized, an inspector may require the 12
person in control of it-- 13
(a) to take it to a stated reasonable place by a stated reasonable time; 14
and 15
(b) if necessary, to remain in control of it at the stated place for a 16
reasonable time. 17
(2) The requirement-- 18
(a) must be made by notice; or 19
(b) if for any reason it is not practicable to give notice, may be made 20
orally and confirmed by notice as soon as practicable. 21
(3) A person of whom the requirement is made must comply with the 22
requirement, at the person's expense, unless the person has a reasonable 23
excuse. 24
Maximum penalty--100 penalty units. 25
(4) A further requirement may be made under this section about the 26
same thing if it is necessary and reasonable to make the further requirement. 27
s 142 79 s 144
Mining and Quarrying Safety and Health
to be given on seizure 1
Receipts
142.(1) As soon as practicable after an inspector or inspection officer 2
seizes a thing, the inspector or inspection officer must give a receipt for it to 3
the person from whom it was seized. 4
(2) However, if for any reason it is not practicable to comply with 5
subsection (1), the inspector or inspection officer must leave the receipt at 6
the place of seizure in a conspicuous position and in a reasonably secure 7
way. 8
(3) The receipt must describe generally each thing seized and its 9
condition. 10
(4) This section does not apply to a thing if it is impracticable or would 11
be unreasonable to give the receipt, given the thing's nature, condition and 12
value. 13
14
Forfeiture
143.(1) A thing that has been seized under this subdivision is forfeited to 15
the State if the inspector or inspection officer who seized the thing-- 16
(a) can not find its owner, after making reasonable inquiries; or 17
(b) can not return it to its owner, after making reasonable efforts. 18
(2) In applying subsection (1)-- 19
(a) subsection (1)(a) does not require the inspector or inspection 20
officer to make inquiries if it would be unreasonable in the 21
particular circumstances to make inquiries to find the owner; and 22
(b) subsection (1)(b) does not require the inspector or inspection 23
officer to make efforts if it would be unreasonable in the 24
particular circumstances to make efforts to return the thing to its 25
owner. 26
of things that have been seized 27
Return
144.(1) If a thing has been seized but not forfeited, the inspector or 28
inspection officer must return it to its owner-- 29
(a) at the end of 6 months; or 30
s 145 80 s 146
Mining and Quarrying Safety and Health
(b) if a board of inquiry or coroner's inquest involving the thing is 1
started within 6 months, at the end of the inquiry or inquest; or 2
(c) if a proceeding for an offence involving the thing is started within 3
6 months, at the end of the proceeding and any appeal from the 4
proceeding. 5
(2) However, unless the thing has been forfeited, the inspector or 6
inspection officer must immediately return a thing seized as evidence to its 7
owner if the inspector or inspection officer stops being satisfied its 8
continued retention as evidence is necessary. 9
to things that have been seized 10
Access
145.(1) Until a thing that has been seized is forfeited or returned, an 11
inspector or inspection officer must allow its owner to inspect it and, if it is 12
a document, to copy it. 13
(2) Subsection (1) does not apply if it is impracticable or would be 14
unreasonable to allow the inspection or copying. 15
(3) For this section, if an inspector has required a person to take a thing 16
to a stated place by a stated reasonable time under section 14117 the 17
inspector may require the person to return the thing to the place from which 18
it was taken. 19
(4) The person must return the thing at the person's expense. 20
5--Power to stop and secure plant and equipment 21
Subdivision
may stop and secure plant and equipment 22
Inspector
146.(1) If an inspector or inspection officer believes plant or equipment 23
at a mine is likely to cause serious bodily injury or create an immediate 24
threat to health, the inspector or inspection officer may stop the operation of 25
the plant or equipment and prevent it from being further operated. 26
17 Section 141 (Powers to support seizure)
s 147 81 s 147
Mining and Quarrying Safety and Health
(2) If an inspector or inspection officer has taken action under 1
subsection (1), the inspector or inspection officer must confirm the action 2
by entry in the mine record. 3
(3) The site senior executive must ensure that the plant or equipment is 4
not returned to operation until the risk to persons from the plant or 5
equipment is at an acceptable level. 6
Maximum penalty for subsection (3)--200 penalty units. 7
6--Power to obtain information 8
Subdivision
to require name and address 9
Power
147.(1) This section applies if-- 10
(a) an inspector or inspection officer finds a person committing an 11
offence against this Act; or 12
(b) an inspector or inspection officer finds a person in circumstances 13
that lead, or has information that leads, the inspector or inspection 14
officer reasonably to suspect the person has just committed an 15
offence against this Act. 16
(2) The inspector or inspection officer may require the person to state the 17
person's name and residential address. 18
(3) When making the requirement, the inspector or inspection officer 19
must warn the person it is an offence to fail to state the person's name or 20
residential address, unless the person has a reasonable excuse. 21
(4) The inspector or inspection officer may require the person to give 22
evidence of the correctness of the stated name or residential address if the 23
inspector or inspection officer reasonably suspects the stated name or 24
address to be false. 25
(5) A requirement under subsection (2) or (4) is a "personal details 26
requirement". 27
s 148 82 s 149
Mining and Quarrying Safety and Health
to give name or address 1
Failure
148.(1) A person of whom a personal details requirement is made must 2
comply with the requirement, unless the person has a reasonable excuse. 3
Maximum penalty--40 penalty units. 4
(2) A person does not commit an offence against subsection (1) if-- 5
(a) the person was required to state the person's name and residential 6
address by an inspector or inspection officer who suspected the 7
person had committed an offence against this Act; and 8
(b) the person is not proved to have committed the offence. 9
to require production of documents 10
Power
149.(1) An inspector or inspection officer may require a person who has 11
a safety and health obligation under this Act to make available, or produce, 12
for inspection by the inspector or inspection officer, at a reasonable time and 13
place nominated by the inspector or inspection officer, a document to which 14
the person has access that relates or is related to the person's obligations 15
under this Act. 16
(2) The inspector or inspection officer may keep the document to copy it. 17
(3) If the inspector or inspection officer copies the document, or an entry 18
in the document, the inspector or inspection officer may require the person 19
responsible for keeping the document to certify the copy as a true copy of 20
the document or entry. 21
(4) The inspector or inspection officer must return the document to the 22
person as soon as practicable after copying it. 23
(5) However, if a requirement ("document certification requirement") 24
is made of a person under subsection (3), the inspector or inspection officer 25
may keep the document until the person complies with the requirement. 26
(6) Also, an inspector may keep the document if the inspector believes it 27
is required for the investigation of a serious accident or high potential 28
incident. 29
(7) A requirement under subsection (1) is a "document production 30
requirement". 31
s 150 83 s 151
Mining and Quarrying Safety and Health
to produce document 1
Failure
150.(1) A person of whom a document production requirement is made 2
must comply with the requirement, unless the person has a reasonable 3
excuse. 4
Maximum penalty--200 penalty units. 5
(2) It is not a reasonable excuse to fail to produce the document that 6
producing the document might incriminate the person. 7
(3) If the requirement is made in relation to an investigation of a serious 8
accident or high potential incident and the document is the personal property 9
of an individual to whom the requirement is directed, before requiring the 10
production of the document, the inspector must advise the person of the 11
following-- 12
(a) that if the document might incriminate the person, the person may 13
claim, before producing the document, that producing the 14
document might incriminate the person; 15
(b) the document is admissible as evidence in a proceeding against 16
the person for an offence under this Act but is not admissible in 17
any other proceeding for an offence. 18
(4) If a document that is personal property, produced under a document 19
production requirement, might incriminate the person and the person 20
claims, before producing the document, that producing the document might 21
incriminate the person-- 22
(a) the document is admissible in a proceeding against the person for 23
an offence under this Act; and 24
(b) the document or anything obtained as a direct or indirect result of 25
the person's producing the document is not admissible in any 26
other proceeding for an offence against the person. 27
to certify copy of document 28
Failure
151. A person of whom a document certification requirement is made 29
must comply with the requirement, unless the person has a reasonable 30
excuse. 31
Maximum penalty--100 penalty units. 32
s 152 84 s 153
Mining and Quarrying Safety and Health
to require attendance of persons before an inspector to answer 1
Power
questions 2
152.(1) An inspector may require a person to attend before the inspector 3
and to answer questions-- 4
(a) relevant to the discharge of the person's safety and health 5
obligations under this Act; or 6
(b) on safety and health matters relevant to operations; or 7
(c) to ascertain whether this Act is being complied with; or 8
(d) relevant to any action carried out by the inspector under this Act. 9
(2) A requirement made of a person under this section to attend before an 10
inspector must-- 11
(a) be made by notice given to the person; and 12
(b) state a reasonable time and place for the person's attendance. 13
(3) When making a requirement under this section, the inspector must 14
warn the person it is an offence to fail to comply with the requirement, 15
unless the person has a reasonable excuse. 16
to comply with requirement about attendance 17
Failure
153.(1) A person of whom a requirement is made under section 15218 18
must not, unless the person has a reasonable excuse-- 19
(a) fail to attend before the inspector at the time and place stated in the 20
relevant notice; or 21
(b) when attending before the inspector fail to comply with a 22
requirement to answer a question. 23
Maximum penalty--40 penalty units. 24
(2) It is a reasonable excuse for a person to fail to comply with a 25
requirement to answer a question if complying with the requirement might 26
tend to incriminate the person. 27
(3) This section is subject to section 154. 28
18 Section 152 (Power to require attendance of persons before an inspector to
answer questions)
s 154 85 s 155
Mining and Quarrying Safety and Health
must answer question about serious accident or high potential 1
Person
incident 2
154.(1) This section applies if a person refuses to answer a question 3
about a serious accident or high potential incident asked by an inspector. 4
(2) If the inspector requires the person to answer the question, the 5
inspector must advise the person of the following-- 6
(a) that if the answer might incriminate the person, the person may 7
claim, before giving the answer, that giving the answer might 8
incriminate the person; 9
(b) the effect of making the claim on the admissibility of the answer 10
and any information, document or other thing obtained as a direct 11
or indirect result of the person giving the answer as evidence in 12
any proceeding against the person. 13
(3) The person must answer the question, unless the person has a 14
reasonable excuse. 15
Maximum penalty--40 penalty units. 16
(4) It is not a reasonable excuse to fail to answer the question that 17
answering might tend to incriminate the person. 18
(5) Subsection (6) applies if an answer might incriminate the person and 19
the person claims, before giving the answer, that giving the answer might 20
incriminate the person. 21
(6) Neither the answer nor any information, document or other thing 22
obtained as a direct or indirect result of the person giving the answer is 23
admissible in any proceeding against the person, other than a proceeding in 24
which the falsity or misleading nature of the answer is relevant. 25
7--Additional powers of chief inspector 26
Subdivision
powers of chief inspector 27
Additional
155. The chief inspector has the powers of an inspector and the following 28
additional powers-- 29
(a) to initiate prosecutions for offences under the Act; 30
s 156 86 s 158
Mining and Quarrying Safety and Health
(b) to give a directive under section 167;19 1
(c) to review, and confirm, vary or set aside, directives given by 2
inspectors, inspection officers or district workers' representatives. 3
Division 3--Directives by inspectors, inspection officers and district 4
workers' representatives 5
Subdivision 1--Power to give and way of giving directives 6
may be given 7
Directive
156. A directive may be given by a person, and for a matter, mentioned 8
in subdivision 2. 9
directive is given 10
How
157.(1) Other than for sections 161, 162 and 165,20 the directive must be 11
given in writing to the operator for the mine to which the directive relates. 12
(2) The person giving the directive must give a copy of the directive to 13
the site senior executive for the mine. 14
(3) Failure to comply with subsection (2) does not affect the validity of 15
the directive. 16
directive is given for ss 161, 162 and 165 17
How
158. For sections 161, 162 and 165, a directive is to be given in the way 18
stated in the sections. 19
19 Section 167 (Directive to provide independent engineering study)
20 Sections 161 (Directive to reduce risks), 162 (Directive to suspend operations for
unacceptable level of risk) and 165 (Directive to isolate site)
s 159 87 s 162
Mining and Quarrying Safety and Health
Subdivision 2--Matters for which directives may be given 1
to ensure worker competent 2
Directive
159. If an inspector believes that a particular task at a mine should be 3
performed only by persons with a particular competency, the inspector may 4
give a directive that the task be performed only by a person with the 5
competency. 6
to carry out test 7
Directive
160. If an inspector reasonably suspects a risk from operations is not at 8
an acceptable level, the inspector may give a directive to carry out stated 9
tests to decide whether risk is at an acceptable level. 10
to reduce risk 11
Directive
161.(1) If an inspector or inspection officer reasonably believes a risk 12
from operations may reach an unacceptable level, the inspector or officer 13
may give a directive to any person to take stated corrective or preventative 14
action to prevent the risk reaching an unacceptable level. 15
(2) The directive may be given orally or by notice. 16
(3) If the directive is given orally, the person giving the directive must 17
confirm the directive by notice to the person in control of the mine or part of 18
the mine affected by the directive and to the relevant site senior executive. 19
(4) Failure to comply with subsection (3) does not affect the validity of 20
the directive. 21
to suspend operations for unacceptable level of risk 22
Directive
162.(1) If an inspector, inspection officer or district workers' 23
representative believes risk from operations is not at an acceptable level, the 24
inspector, officer or representative may give a directive to any person to 25
suspend operations in all or part of the mine. 26
(2) The directive may be given orally or by notice. 27
s 163 88 s 166
Mining and Quarrying Safety and Health
(3) If the directive is given orally, the person giving the directive must 1
confirm the directive by notice to the person in control of the mine or part of 2
the mine affected by the directive and to the relevant site senior executive. 3
(4) Failure to comply with subsection (3) does not affect the validity of 4
the directive. 5
to review safety and health management system 6
Directive
163. If an inspector believes the safety and health management system 7
for a mine is ineffective, the inspector may give a directive to review the 8
safety and health management system and make it effective. 9
to suspend operations for ineffective safety and health 10
Directive
management system 11
164. If an inspector believes there is not an effective safety and health 12
management system for a mine or part of a mine, the inspector may give a 13
directive suspending operations in all or part of the mine. 14
to isolate site 15
Directive
165.(1) If an inspector believes it is necessary to preserve evidence after a 16
serious accident or high potential incident, the inspector may give a directive 17
to any person to isolate and protect the accident or incident site. 18
(2) The directive may be given orally or by notice. 19
(3) If the directive is given orally, the inspector must confirm the 20
directive by notice to the person in control of the mine or part of the mine 21
affected by the directive and to the relevant site senior executive. 22
(4) Failure to comply with subsection (3) does not affect the validity of 23
the directive. 24
about separate part of the mine 25
Directive
166.(1) This section applies if part of a mine taken to be a separate part of 26
a mine under section 21(4) is operated in a way so that it is no longer a 27
separate part of a mine under section 21(4). 28
s 167 89 s 168
Mining and Quarrying Safety and Health
(2) An inspector may give a directive to a person to operate the part of 1
the mine so that it is a separate part of a mine under section 21(4). 2
(3) If the directive is not complied with, an inspector may give a further 3
directive suspending operations in the part of the mine. 4
to provide independent engineering study 5
Directive
167.(1) The chief inspector may give a directive to provide an 6
independent engineering study about-- 7
(a) risks arising out of operations; or 8
(b) the safety of part or all of any plant, building or structure at the 9
mine; or 10
(c) a serious accident or high potential incident at the mine. 11
(2) The directive must state-- 12
(a) the reasons for and objectives of the study; and 13
(b) that the person who undertakes the study must be a person 14
approved by the chief inspector. 15
(3) For subsection (2)(b), the chief inspector may approve a person only 16
if the person-- 17
(a) has relevant professional qualifications and experience for the 18
study; and 19
(b) is not an employee of the operator for the mine or of a contractor 20
at the mine. 21
3--Recording of directives and other matters 22
Subdivision
must be kept 23
Records
168.(1) An inspector, inspection officer or district workers' 24
representative must keep an accurate record of all reports and directives 25
given by the inspector, officer or representative under this Act. 26
s 169 90 s 169
Mining and Quarrying Safety and Health
(2) An inspector, inspection officer or district workers' representative 1
must make a written report of every inspection of a mine made by the 2
inspector, officer or representative under this Act. 3
(3) An inspector, inspection officer or district workers' representative 4
must give the operator and the site senior executive of the mine a copy of 5
the report as soon as practicable after making it. 6
7
Directives
169.(1) If an inspector, inspection officer or district workers' 8
representative has given a directive, the inspector, officer or representative-- 9
(a) must enter it in the mine record as soon as reasonably practicable 10
after giving it; and 11
(b) must state the reason for the directive in the mine record. 12
(2) A person to whom a directive is given must comply with the 13
directive as soon as reasonably practicable. 14
Maximum penalty--800 penalty units or 2 years imprisonment. 15
(3) The site senior executive must enter in the mine record the action 16
taken to comply with the directive as soon as practicable after the action is 17
taken. 18
Maximum penalty--40 penalty units. 19
(4) The site senior executive must make copies of directives available for 20
inspection by workers. 21
Maximum penalty--40 penalty units. 22
(5) A directive remains effective until-- 23
(a) for a directive by a district workers' representative--it is 24
withdrawn in writing by the representative or an inspector; or 25
(b) for a directive by an inspector--it is withdrawn in writing by the 26
inspector or another inspector; or 27
(c) for a directive of an inspection officer--it is withdrawn in writing 28
by the inspection officer or an inspector; or 29
s 170 91 s 171
Mining and Quarrying Safety and Health
(d) for a directive by a district workers' representative, an inspection 1
officer or an inspector and not otherwise withdrawn--the chief 2
inspector varies or sets aside the directive after reviewing it under 3
subdivision 4; or 4
(e) the Industrial Court stays, varies or sets aside the directive. 5
4--Review of directives 6
Subdivision
for review 7
Application
170. A person who has received a directive from an inspector (other than 8
the chief inspector), inspection officer or district workers' representative 9
may apply under this division for the directive to be reviewed.21 10
for review 11
Procedure
171.(1) The application must-- 12
(a) be made in writing to the chief inspector; and 13
(b) be supported by enough information to allow the chief inspector 14
to decide the application. 15
(2) The application must be made to the chief inspector within-- 16
(a) 7 days after the day on which the person received the directive; or 17
(b) the longer period, within 2 months after the day, the chief 18
inspector in special circumstances allows. 19
(3) The chief inspector must consider the application within 7 days after 20
receiving it and immediately advise the applicant in writing whether the 21
chief inspector considers the applicant has complied with subsection (1). 22
(4) If the chief inspector does not consider the application is supported by 23
enough information to allow the chief inspector to decide the application, the 24
chief inspector must advise the applicant what further information the chief 25
inspector requires. 26
21 A district workers representative may give a directive under section 114 (Powers
of district workers' representative).
s 172 92 s 173
Mining and Quarrying Safety and Health
(5) When the chief inspector is satisfied the applicant has complied with 1
subsection (1), the chief inspector must immediately advise the applicant in 2
writing of that fact. 3
of directive 4
Review
172.(1) The chief inspector must, within 14 days after giving the advice 5
mentioned in section 171(5), review the directive and make a decision (the 6
"review decision")-- 7
(a) to confirm the directive appealed against; or 8
(b) to vary or set aside the directive appealed against. 9
(2) The chief inspector may give a directive in substitution for a directive 10
the chief inspector decides to set aside. 11
(3) Within 7 days after making the review decision, the chief inspector 12
must give notice of the decision to the applicant. 13
(4) The notice must-- 14
(a) include the reasons for the review decision; and 15
(b) if the notice does not set aside the directive, tell the applicant of 16
the applicant's right of appeal against the decision. 17
(5) If the chief inspector does not-- 18
(a) review the directive within the time allowed under subsection (1); 19
or 20
(b) having reviewed the directive, advise the applicant of the review 21
decision within the time allowed under subsection (3); 22
the applicant may appeal against the directive under part 13.22 23
of operation of directive 24
Stay
173.(1) If a person applies under this division for a directive to be 25
reviewed, the person may immediately apply to the Industrial Court for a 26
stay of the directive. 27
22 Part 13 (Appeals)
s 174 93 s 175
Mining and Quarrying Safety and Health
(2) The court may stay the directive to secure the effectiveness of the 1
review and any later appeal to the court. 2
(3) A stay-- 3
(a) may be given on conditions the court considers appropriate; and 4
(b) operates for the period fixed by the court; and 5
(c) may be revoked or amended by the court. 6
(4) The period of a stay must not extend past the time when the chief 7
inspector reviews the directive and any later period the court allows the 8
person to enable the person to appeal against the decision. 9
(5) An application made for a review of a directive affects the directive, 10
or the carrying out of the directive, only if the directive is stayed. 11
(6) However, a directive under section 16223 must not be stayed. 12
Division 4--General enforcement offences 13
or misleading statements 14
False
174.(1) A person must not state anything to an inspector or inspection 15
officer the person knows is false or misleading in a material particular. 16
Maximum penalty--100 penalty units. 17
(2) It is enough for a complaint for an offence against subsection (1) to 18
allege and prove that the statement made was `false or misleading' to the 19
person's knowledge, without specifying which. 20
or misleading documents 21
False
175.(1) A person must not give an inspector, inspection officer or district 22
workers' representative a document containing information the person 23
knows is false or misleading in a material particular. 24
Maximum penalty--100 penalty units. 25
23 Section 162 (Directive to suspend operations for unacceptable level of risk)
s 176 94 s 176
Mining and Quarrying Safety and Health
(2) Subsection (1) does not apply to a person if the person, when giving 1
the document-- 2
(a) tells the inspector, inspection officer or district workers' 3
representative, to the best of the person's ability, how it is false or 4
misleading; and 5
(b) if the person has, or can reasonably obtain, the correct 6
information--gives the correct information. 7
(3) Also, a person must not make an entry in a document required or 8
permitted to be made or kept under this Act knowing the entry to be false or 9
misleading in a material particular. 10
Maximum penalty--100 penalty units. 11
(4) It is enough for a complaint for an offence against subsection (1) 12
or (3) to allege and prove that the document or entry was `false or 13
misleading to the person's knowledge', without specifying which. 14
inspectors, inspection officers or district workers' 15
Obstructing
representatives 16
176.(1) A person must not obstruct an inspector, inspection officer or 17
district workers' representative in the exercise of a power, unless the person 18
has a reasonable excuse. 19
Maximum penalty--100 penalty units. 20
(2) If a person has obstructed an inspector, inspection officer or district 21
workers' representative and the inspector, officer or representative decides 22
to proceed with the exercise of the power, the inspector, officer or 23
representative must warn the person that-- 24
(a) it is an offence to obstruct the inspector, officer or representative, 25
unless the person has a reasonable excuse; and 26
(b) the inspector, officer or representative considers the person's 27
conduct an obstruction. 28
s 177 95 s 180
Mining and Quarrying Safety and Health
PART 10--BOARD OF EXAMINERS 1
Division 1--Purposes of part 2
of pt 10 3
Purposes
177. The main purposes of this part are to provide for a board of 4
examiners and to state its functions. 5
Division 2--Board of examiners and its functions 6
for pt 10 7
Inspector
178. In this part-- 8
"inspector" includes an inspector appointed under the Coal Mining Safety 9
and Health Act 1999. 10
of examiners 11
Board
179. The board of examiners is established. 12
of the board of examiners 13
Functions
180. The board of examiners has the following functions-- 14
(a) to decide the competencies necessary for holders of certificates of 15
competency; 16
(b) to assess applicants, or have applicants assessed, for certificates 17
of competency; 18
(c) to grant certificates of competency to persons who have 19
demonstrated to the board's satisfaction the appropriate 20
competencies necessary to hold the certificates; 21
(d) to ensure the competencies under this Act are consistent with the 22
competencies required by other States for the holders of 23
certificates of competency. 24
s 181 96 s 183
Mining and Quarrying Safety and Health
and conduct of board proceedings 1
Membership
181.(1) The board of examiners is to consist of a chairperson and at least 2
6 other members. 3
(2) An inspector is to be chairperson. 4
(3) Each member must have at least 10 years practical experience in the 5
mining industry. 6
(4) No more than 3 members may be inspectors. 7
(5) At least 6 of the members must be currently engaged in the mining 8
industry. 9
(6) Inspectors and district workers' representatives are taken to be 10
currently engaged in the mining industry. 11
(7) A member, other than the chairperson-- 12
(a) may be appointed for a term of not more than 5 years; and 13
(b) may be reappointed, but not for consecutive terms. 14
(8) The chairperson may be appointed for the term the Governor in 15
Council considers appropriate. 16
of examiners to appoint secretary 17
Board
182. The board of examiners must appoint a person to be secretary to the 18
board. 19
of board of examiners 20
Appointment
183.(1) The members of the board of examiners are to be appointed by 21
the Governor in Council by gazette notice. 22
(2) The members who are not inspectors are appointed under this Act 23
and not the Public Service Act 1996. 24
s 184 97 s 187
Mining and Quarrying Safety and Health
and voting at meetings of the board 1
Quorum
184. At a meeting of the board of examiners-- 2
(a) a quorum consists of half the number of members appointed to 3
the board or, if that number is not a whole number, the next 4
higher whole number; and 5
(b) a question must be decided by a majority of the votes of the 6
members present and voting; and 7
(c) each member present has a vote on each question to be decided 8
and, if the votes are equal, the member presiding also has a 9
casting vote. 10
at meetings of the board of examiners 11
Presiding
185.(1) The chairperson must preside at all meetings of the board of 12
examiners at which the chairperson is present. 13
(2) In the absence of the chairperson, an inspector nominated by the 14
chairperson presides. 15
(3) The inspector nominated must be a member of the board. 16
of appointment 17
Conditions
186.(1) A member of the board of examiners, other than a member who 18
is an inspector, is entitled to be paid the fees and allowances decided by the 19
Governor in Council. 20
(2) A member holds office on conditions not provided by this Act that 21
are decided by the Minister. 22
of the board of examiners 23
Proceedings
187.(1) The way the board of examiners is to conduct its proceedings 24
may be prescribed under a regulation. 25
(2) If the way the board is to conduct its proceedings is not prescribed, 26
the board may conduct its proceedings in the way it considers appropriate. 27
s 188 98 s 191
Mining and Quarrying Safety and Health
1
Committees
188. The board may appoint committees to advise it on particular issues. 2
3--General 3
Division
to be qualified 4
Examiners
189. A person must not assess an applicant for a certificate of 5
competency unless the person has appropriate qualifications and experience 6
to assess the applicant. 7
Maximum penalty--100 penalty units. 8
certificates of competency by fraud 9
Obtaining
190.(1) A person must not become, or attempt to become, the holder of a 10
certificate of competency by giving false information to the board of 11
examiners. 12
Maximum penalty--400 penalty units. 13
(2) The board of examiners may cancel a certificate of competency by 14
notice to the holder if the board is satisfied that the holder obtained the 15
certificate of competency by giving false information to the board. 16
of certificate of competency 17
Return
191. The holder of a certificate of competency must, unless the holder 18
has a reasonable excuse, immediately return the certificate to the board of 19
examiners if-- 20
(a) the board has given the holder notice under section 190(2); or 21
(b) an industrial magistrate suspends or cancels the certificate under 22
section 235.24 23
Maximum penalty--400 penalty units. 24
24 Section 235 (Court may order suspension or cancellation of certificate)
s 192 99 s 193
Mining and Quarrying Safety and Health
report 1
Annual
192.(1) As soon as practicable, but within 4 months, after the end of each 2
financial year, the board of examiners must prepare and give to the Minister 3
a report on the board's operations for the year. 4
(2) The Minister must table a copy of the report in the Legislative 5
Assembly within 14 sitting days after receiving it. 6
ART 11--ACCIDENTS AND INCIDENTS 7
P
Division 1--Notification of accidents, incidents and inspections 8
of accidents, incidents or diseases 9
Notice
193.(1) On becoming aware of a serious accident or high potential 10
incident at a mine or as a result of operations, the site senior executive for 11
the mine must immediately notify an inspector and a district workers' 12
representative about the accident or incident either orally or by notice. 13
Maximum penalty--40 penalty units. 14
(2) If the site senior executive makes an oral report under subsection (1), 15
the executive must confirm the report by notice within 48 hours. 16
Maximum penalty--40 penalty units. 17
(3) However, if the serious accident results in death, the chief executive 18
must confirm the oral report by notice within 24 hours. 19
Maximum penalty--80 penalty units. 20
(4) As soon as practicable after receiving a report of a disease at a mine 21
or as a result of operations, prescribed under a regulation as a disease that 22
must be reported under this section, the site senior executive must give an 23
inspector and a district workers' representative notice about the disease. 24
Maximum penalty--40 penalty units. 25
s 194 100 s 196
Mining and Quarrying Safety and Health
of accident must be inspected 1
Place
194. As soon as practicable after receiving a report of a serious accident 2
causing death at a mine, an inspector must inspect the place of the accident, 3
investigate the accident to determine its nature and cause, and report the 4
findings of the investigation to the chief inspector. 5
2--Site of accident or incident 6
Division
not to be interfered with without permission 7
Site
195.(1) A person must not interfere with a place at a mine that is the site 8
of a serious accident or high potential incident without the permission of an 9
inspector. 10
Maximum penalty--200 penalty units. 11
(2) Permission under subsection (1) must not be unreasonably withheld. 12
(3) For this division, action taken to save life or prevent further injury at a 13
place is not interference with the place. 14
to be taken in relation to site of accident or incident 15
Action
196.(1) If there is a serious accident or a high potential incident at a mine, 16
the site senior executive must-- 17
(a) carry out an investigation to decide the causes of the accident or 18
incident; and 19
(b) prepare a report about the accident or incident that includes 20
recommendations to prevent the accident or incident happening 21
again; and 22
(c) if requested by an inspector, submit the report to an inspector 23
within 1 month of the request. 24
Maximum penalty--40 penalty units. 25
(2) The site senior executive must ensure that the place of the accident or 26
incident is not interfered with until-- 27
(a) all relevant details about the accident or incident have been 28
recorded and, if possible, photographed; and 29
s 197 101 s 198
Mining and Quarrying Safety and Health
(b) sufficient measurements have been taken to allow the 1
development of an accurate plan of the site; and 2
(c) a list of witnesses to the accident or incident has been compiled. 3
Maximum penalty--100 penalty units. 4
PART 12--BOARDS OF INQUIRY 5
1--General 6
Division
may establish boards of inquiry 7
Minister
197.(1) The Minister may establish a board of inquiry about a serious 8
accident or high potential incident by gazette notice. 9
(2) The notice, or a later gazette notice, may specify issues relevant to the 10
inquiry including, for example, the membership of the board, who is the 11
chairperson of the board, and its terms of reference. 12
(3) The Minister may exercise powers under this section for a serious 13
accident or high potential incident-- 14
(a) whether or not the accident or incident has been investigated by an 15
inspector; and 16
(b) whether or not a board of inquiry had previously inquired into the 17
accident or incident. 18
of board of inquiry 19
Role
198.(1) The board of inquiry must-- 20
(a) inquire into the circumstances and probable causes of the relevant 21
serious accident or high potential incident; and 22
(b) give the Minister a written report of the board's findings. 23
(2) The report may contain the recommendations the board considers 24
appropriate and other relevant matters. 25
s 199 102 s 201
Mining and Quarrying Safety and Health
(3) The Minister must table a copy of the report in the Legislative 1
Assembly within 14 days after receiving the report. 2
(4) However, if the board gives the Minister a separate report of issues 3
that the board considers should not be made public, the Minister need not 4
table the separate report in the Legislative Assembly. 5
of appointment 6
Conditions
199.(1) A member of the board of inquiry is entitled to be paid the fees 7
and allowances decided by the Governor in Council. 8
(2) A member holds office on conditions not provided by this Act that 9
are decided by the Minister. 10
executive to arrange for services of staff and financial matters 11
Chief
for board of inquiry 12
200. As soon as practicable after the board of inquiry is established, the 13
chief executive must consult with the chairperson of the board and 14
arrange-- 15
(a) for the services of officers and employees of the department and 16
other persons to be made available to the board for the conduct of 17
the inquiry; and 18
(b) for financial matters relevant to the board. 19
2--Conduct of inquiry 20
Division
21
Procedure
201.(1) When conducting its inquiry, the board of inquiry-- 22
(a) must observe natural justice; and 23
(b) must act as quickly, and with as little formality and technicality, 24
as is consistent with a fair and proper consideration of the issues. 25
(2) In conducting the inquiry, the board-- 26
(a) is not bound by the rules of evidence; and 27
s 202 103 s 203
Mining and Quarrying Safety and Health
(b) may inform itself in any way it considers appropriate, including 1
by holding hearings; and 2
(c) may decide the procedures to be followed for the inquiry; and 3
(d) must give a person involved in the serious accident or high 4
potential incident the opportunity of defending all claims made 5
against the person. 6
(3) However, the board must comply with this division and any 7
procedural rules prescribed under a regulation. 8
(4) The chairperson of the board presides at the inquiry. 9
of inquiry 10
Notice
202. The chairperson of the board of inquiry must give at least 14 days 11
notice of the time and place of the inquiry to-- 12
(a) any person the chairperson considers may be concerned in the 13
serious accident or high potential incident the subject of the 14
inquiry; and 15
(b) any other person the chairperson reasonably believes should be 16
given the opportunity to appear at the inquiry. 17
to be held in public except in special circumstances 18
Inquiry
203.(1) The inquiry must be held in public. 19
(2) However, the board may, of its own initiative or on the application of 20
a person represented at the inquiry, direct that the inquiry, or a part of the 21
inquiry, be held in private, and give directions about the persons who may 22
be present. 23
(3) The board may give a direction under subsection (2) only if it is 24
satisfied it is proper to make the direction in the special circumstances of the 25
case. 26
s 204 104 s 207
Mining and Quarrying Safety and Health
of members, legal representatives and witnesses 1
Protection
204.(1) A member of the board of inquiry has, in the performance of the 2
member's duties, the same protection and immunity as a Supreme Court 3
judge performing the functions of a judge. 4
(2) A lawyer or other person appearing before the inquiry for someone 5
has the same protection and immunity as a lawyer appearing for a party in a 6
proceeding in the Supreme Court. 7
(3) A person summoned to attend or appearing before the inquiry as a 8
witness has the same protection as a witness in a proceeding in the Supreme 9
Court. 10
of proceedings to be kept 11
Record
205. The board of inquiry must keep a record of its proceedings. 12
13
Representation
206. A person may be represented before the inquiry by a lawyer or 14
agent. 15
powers on inquiry 16
Board's
207.(1) In conducting the inquiry, the board may-- 17
(a) act in the absence of any person who has been given a notice 18
under section 20225 or some other reasonable notice; and 19
(b) receive evidence on oath or by statutory declaration; and 20
(c) adjourn the inquiry; and 21
(d) disregard any defect, error, omission or insufficiency in a 22
document. 23
(2) A member of the board may administer an oath to a person appearing 24
as a witness before the inquiry. 25
25 Section 202 (Notice of inquiry)
s 208 105 s 211
Mining and Quarrying Safety and Health
to witness 1
Notice
208.(1) The chairperson of the board of inquiry may, by notice 2
("attendance notice") given to a person, require the person to attend at the 3
inquiry at a stated time and place to give evidence or produce stated 4
documents or things. 5
(2) A person required to appear as a witness before the inquiry is entitled 6
to the witness fees prescribed under a regulation or, if no witness fees are 7
prescribed, the reasonable witness fees decided by the chairperson. 8
of documents or things 9
Inspection
209.(1) If a document or thing is produced to the board at the inquiry, the 10
board may-- 11
(a) inspect the document or thing; and 12
(b) copy or photograph the document or thing if it is relevant to the 13
inquiry. 14
(2) The board may also take possession of the document or thing, and 15
keep it while it is necessary for the inquiry. 16
(3) While it keeps a document or thing, the board must permit a person 17
otherwise entitled to possession of it to inspect, copy or photograph the 18
document or thing, at a reasonable place and time the board decides. 19
may continue despite court proceedings unless otherwise 20
Inquiry
ordered 21
210. The inquiry may start or continue, and a report may be prepared or 22
given, despite a proceeding before any court or tribunal, unless a court or 23
tribunal with the necessary jurisdiction orders otherwise. 24
by witnesses 25
Offences
211.(1) A person given an attendance notice must not fail, without 26
reasonable excuse to-- 27
(a) attend as required by the notice; or 28
s 212 106 s 213
Mining and Quarrying Safety and Health
(b) continue to attend as required by the chairperson of the board of 1
inquiry until excused from further attendance. 2
Maximum penalty--30 penalty units. 3
(2) A person appearing as a witness at the inquiry must take an oath 4
when required by the chairperson of the board. 5
Maximum penalty--30 penalty units. 6
(3) Also, a person appearing as a witness at the inquiry must not fail, 7
without reasonable excuse-- 8
(a) to answer a question the person is required to answer by a 9
member of the board; or 10
(b) to produce a document or thing the person is required to produce 11
under an attendance notice. 12
Maximum penalty--30 penalty units. 13
(4) It is a reasonable excuse to refuse to answer a question or produce a 14
document or thing on the ground that the answer or production of the 15
document or thing might tend to incriminate the person. 16
of board 17
Contempt
212. A person must not-- 18
(a) deliberately interrupt a board of inquiry; or 19
(b) create or continue, or join in creating or continuing, a disturbance 20
in or near a place where the board is conducting its inquiry; or 21
(c) do anything that would be contempt of court if the board were a 22
judge acting judicially. 23
Maximum penalty--30 penalty units. 24
of membership of board 25
Change
213. The inquiry of a board of inquiry is not affected by a change in its 26
membership. 27
s 214 107 s 216
Mining and Quarrying Safety and Health
ART 13--APPEALS 1
P
Division 1--Appeals against particular decisions of Minister or board of 2
examiners 3
against Minister's decision 4
Appeals
214. A person whose appointment as district workers' representative is 5
terminated by the Minister may appeal against the Minister's decision to an 6
Industrial Magistrates Court under this division. 7
against board of examiner's decision 8
Appeals
215. A person whose certificate of competency has been cancelled by the 9
board of examiners under section 190 26 may appeal against the board's 10
decision to an Industrial Magistrates Court under this division. 11
to start appeal 12
How
216.(1) An appeal is started by the appellant-- 13
(a) filing a notice of appeal with an Industrial Magistrates Court; and 14
(b) serving a copy of the notice on-- 15
(i) if the appeal is against the Minister's decision--the Minister; 16
or 17
(ii) if the appeal is against the board of examiners' decision--the 18
board of examiners. 19
(2) The notice of appeal must be filed within 28 days after the appellant 20
receives notice of the decision appealed against. 21
(3) The court may at any time extend the period for filing the notice of 22
appeal. 23
(4) The notice of appeal must state the grounds of the appeal. 24
26 Section 190 (Obtaining certificates of competency by fraud)
s 217 108 s 219
Mining and Quarrying Safety and Health
of operation of decision 1
Stay
217.(1) An Industrial Magistrates Court may stay a decision appealed 2
against to secure the effectiveness of the appeal. 3
(2) A stay-- 4
(a) may be given on conditions the court considers appropriate; and 5
(b) has effect for the period stated by the court; and 6
(c) may be revoked or amended by the court. 7
(3) The period of a stay given by the court must not extend past the time 8
when the court decides the appeal. 9
(4) An appeal against a decision does not affect the operation or carrying 10
out of the decision unless the decision is stayed. 11
procedures 12
Hearing
218.(1) Unless this division otherwise provides, the practice and 13
procedure for the appeal are to be in accordance with the rules of court or, if 14
the rules make no provision or insufficient provision, in accordance with the 15
directions of the court. 16
(2) An appeal must be by way of rehearing, unaffected by the original 17
decision-maker's decision. 18
(3) In deciding an appeal, an Industrial Magistrates Court-- 19
(a) is not bound by the rules of evidence; and 20
(b) must observe natural justice. 21
(4) In this section-- 22
"original decision-maker" means the Minister or the board of examiners. 23
of court on appeal 24
Powers
219.(1) In deciding an appeal, an Industrial Magistrates Court may-- 25
(a) confirm the decision appealed against; or 26
(b) set aside the decision and substitute another decision; or 27
s 220 109 s 221
Mining and Quarrying Safety and Health
(c) set aside the decision and return the matter to the original 1
decision-maker with directions that the court considers 2
appropriate. 3
(2) In substituting another decision, the court has the same powers as the 4
original decision-maker. 5
(3) If the court substitutes another decision, the substituted decision is 6
taken to be the decision of the original decision-maker. 7
(4) The court may make an order for costs it considers appropriate. 8
(5) In this section-- 9
"original decision-maker" means the Minister or the board of examiners. 10
to District Court on questions of law only 11
Appeal
220.(1) An appellant may appeal against the decision of an Industrial 12
Magistrates Court to the District Court, but only on a question of law. 13
(2) On hearing the appeal, the court may make any order for costs it 14
considers appropriate. 15
2--Appeals against chief inspectors directives and review 16
Division
decisions 17
may appeal 18
Who
221. A person whose interests are affected by the following may appeal 19
to the Industrial Court-- 20
(a) a directive given by the chief inspector; 21
(b) a review decision of the chief inspector under part 9, division 3, 22
subdivision 4.27 23
27 Part 9 (Inspectors and inspection officers and directives), division 3 (Directives
by inspectors, inspection officers and district workers' representatives),
subdivision 4 (Review of directives)
s 222 110 s 223
Mining and Quarrying Safety and Health
to start appeal 1
How
222.(1) An appeal is started by-- 2
(a) filing a notice of appeal with the registrar of the Industrial Court; 3
and 4
(b) complying with any rules of court applying to the appeal. 5
(2) The notice of appeal must be filed within 30 days after-- 6
(a) if the appeal is from a directive--the day the appellant receives the 7
directive; or 8
(b) if the appeal is from a review decision--the day the appellant 9
receives reasons for the review decision. 10
(3) The court may at any time extend the period for filing the notice of 11
appeal. 12
(4) The notice of appeal must state fully the grounds of the appeal and the 13
facts relied on. 14
of operation of directive or review decision 15
Stay
223.(1) The Industrial Court may grant a stay of a directive or review 16
decision appealed against to secure the effectiveness of the appeal. 17
(2) A stay-- 18
(a) may be given on the conditions the court considers appropriate; 19
and 20
(b) operates for the period fixed by the court; and 21
(c) may be revoked or amended by the court. 22
(3) The period of a stay must not extend past the time when the court 23
decides the appeal. 24
(4) An appeal against a directive or review decision affects the directive 25
or decision, or the carrying out of the directive or decision, only if the 26
directive or decision is stayed. 27
(5) However, the following must not be stayed-- 28
s 224 111 s 226
Mining and Quarrying Safety and Health
(a) a directive by the chief inspector under section 162;28 1
(b) a review decision about a directive given by another person under 2
section 162. 3
procedures 4
Hearing
224.(1) The procedure for an appeal is to be in accordance with the rules 5
of court applying to the appeal or, if the rules make no provision or 6
insufficient provision, in accordance with directions of the Industrial Court. 7
(2) An appeal is by way of rehearing, unaffected by the chief inspector's 8
directive or review decision. 9
ssessors 10
A
225. If the Industrial Court is satisfied the appeal involves an issue of 11
special knowledge and skill, the court may appoint 1 or more assessors to 12
help it in deciding the appeal. 13
of court on appeal 14
Powers
226.(1) In deciding an appeal, the Industrial Court may-- 15
(a) confirm the directive or review decision appealed against; or 16
(b) vary the directive or review decision appealed against; or 17
(c) set aside the directive or review decision appealed against and 18
make a directive or decision in substitution for the directive or 19
review decision set aside; or 20
(d) set aside the directive or review decision appealed against and 21
return the issue to the chief inspector with directions the court 22
considers appropriate. 23
(2) If on appeal the court acts under subsection (1)(b) or (c), the directive 24
or decision is taken, for this Act (other than this part), to be that of the chief 25
inspector. 26
28 Section 162 (Directive to suspend operations for unacceptable level of risk)
s 227 112 s 229
Mining and Quarrying Safety and Health
ART 14--LEGAL PROCEEDINGS 1
P
1--Evidence 2
Division
of appointments and authority unnecessary 3
Proof
227. It is not necessary to prove-- 4
(a) the appointment of the chief executive, the chief inspector, an 5
inspector, an inspection officer, a district workers' representative 6
or a site safety and health representative; or 7
(b) the authority of the chief executive, the chief inspector, an 8
inspector, an inspection officer, a district workers' representative 9
or a site safety and health representative to do anything under this 10
Act. 11
of signatures unnecessary 12
Proof
228. A signature purporting to be the signature of the chief executive, the 13
chief inspector, an inspector, an inspection officer, a district workers' 14
representative or a site safety and health representative is evidence of the 15
signature it purports to be. 16
aids 17
Evidentiary
229.(1) A certificate stating any of the following matters is evidence of 18
the matter-- 19
(a) a stated document is-- 20
(i) an appointment or a copy of an appointment; or 21
(ii) a directive or a copy of a directive given under this Act; or 22
(iii) a decision, or a copy of a decision, given or made under this 23
Act; or 24
(iv) a record or document, a copy of a record or document, or an 25
extract from a record or document, kept under this Act; 26
s 230 113 s 230
Mining and Quarrying Safety and Health
(b) on a stated day, or during a stated period, a stated certificate, 1
approval or appointment was, or was not, in force for a stated 2
person or thing; 3
(c) on a stated day, or during a stated period, a standard issued or 4
published by National Occupational Health and Safety 5
Commission or Standards Australia or something in the standard 6
was, or was not, in force; 7
(d) on a stated day a stated person was given a stated directive, 8
direction, requirement or notice under this Act; 9
(e) a stated amount is payable under this Act by a stated person and 10
has not been paid. 11
(2) A document purporting to be published by or under the authority of 12
National Occupational Health and Safety Commission or Standards 13
Australia is, on its production in a proceeding, evidence of the matters 14
appearing on and in the document. 15
(3) In a complaint starting a proceeding, a statement that the matter of the 16
complaint came to the complainant's knowledge on a stated day is evidence 17
of the matter. 18
(4) Any instrument, equipment or installation used by an inspector or 19
inspection officer or analyst in accordance with any conditions prescribed 20
under a relevant document for its use is taken to be accurate and precise in 21
the absence of evidence to the contrary. 22
(5) In this section-- 23
"certificate" means a certificate purporting to be signed by the chief 24
executive, the chief inspector, an inspector, an inspection officer, a 25
district workers' representative or a site safety and health 26
representative. 27
reports 28
Expert
230.(1) An expert report is admissible in evidence in a proceeding under 29
this Act, whether or not the person making the report (the "expert") attends 30
to give oral evidence in the proceeding. 31
(2) However, if the expert does not attend to give oral evidence in the 32
proceeding, the report is admissible only with the court's leave. 33
s 231 114 s 231
Mining and Quarrying Safety and Health
(3) In deciding whether to grant leave, the court must have regard to the 1
following-- 2
(a) the contents of the report; 3
(b) why the expert does not intend to give oral evidence; 4
(c) the risk that its admission or exclusion from evidence will result 5
in unfairness to a party, in particular having regard to a party's 6
ability to dispute the contents of the report if the expert does not 7
give oral evidence; 8
(d) any other relevant circumstance. 9
(4) An expert report when admitted is evidence of any fact or opinion of 10
which the expert could have given oral evidence. 11
(5) In this section-- 12
"expert report" means a report made by a person that deals entirely or 13
mainly with issues on which the person is qualified to give expert 14
evidence, but does not include an analyst's report. 15
certificate or report 16
Analyst's
231. The production by the prosecutor or the defendant in a prosecution 17
of a signed analyst's report stating any of the following is evidence of 18
them-- 19
(a) the analyst's qualifications; 20
(b) the analyst took, or received from a stated person, the sample 21
mentioned in the report; 22
(c) the analyst analysed the sample on a stated day, or during a stated 23
period, and at a stated place; 24
(d) the results of the analysis. 25
s 232 115 s 233
Mining and Quarrying Safety and Health
Division 2--Proceedings 1
for offences 2
Proceedings
232.(1) A prosecution for an offence against this Act is by way of 3
summary proceedings before an industrial magistrate. 4
(2) More than 1 contravention of a safety and health obligation under 5
section 31 may be charged as a single charge if the acts or omissions giving 6
rise to the claimed contravention happened within the same period and in 7
relation to the same mine. 8
(3) A person dissatisfied with a decision of an industrial magistrate in 9
proceedings brought under subsection (1) who wants to appeal must appeal 10
to the Industrial Court. 11
(4) The Workplace Relations Act 1997 applies, with necessary changes, 12
to a proceeding before an industrial magistrate brought under subsection (1) 13
and to a proceeding on appeal before the Industrial Court brought under 14
subsection (3). 15
(5) A prosecution for an offence against this Act must be started by 16
complaint of the chief inspector or someone else authorised by the Minister 17
or by the Attorney-General. 18
(6) In this section-- 19
"person dissatisfied with a decision" in a proceeding means-- 20
(a) a party to the proceeding; or 21
(b) a person bound by the decision; or 22
(c) if a person other than the chief inspector started the proceeding, 23
the chief inspector. 24
to prosecute 25
Recommendation
233.(1) The following persons may recommend to the chief inspector 26
that there be a prosecution for an offence against this Act-- 27
(a) an inspector; 28
(b) a district worker's representative; 29
s 234 116 s 236
Mining and Quarrying Safety and Health
(c) a site senior executive. 1
(2) Subsection (1) does not limit the chief inspector's power to 2
prosecute. 3
on time for starting proceedings 4
Limitation
234. A proceeding for an offence against this Act must start-- 5
(a) within 1 year after the commission of the offence; or 6
(b) within 6 months after the offence comes to the complainant's 7
knowledge but within 3 years after the commission of the 8
offence. 9
may order suspension or cancellation of certificate 10
Court
235.(1) This section applies if a person convicted of an offence against 11
this Act is the holder of a certificate of competency. 12
(2) The industrial magistrate, on application by the complainant during 13
the proceedings for the offence, may suspend or cancel the certificate of 14
competency of the person convicted. 15
(3) A person dissatisfied with the industrial magistrate's decision to 16
suspend or cancel the person's certificate of competency who wants to 17
appeal the decision, must appeal to the Industrial Court. 18
on conviction 19
Forfeiture
236.(1) On conviction of a person for an offence against this Act, an 20
Industrial Magistrates Court may order the forfeiture to the State of-- 21
(a) anything used to commit the offence; or 22
(b) anything else the subject of the offence. 23
(2) The court may make the order-- 24
(a) whether or not the thing has been seized; and 25
(b) if the thing has been seized, whether or not the thing has been 26
returned to its owner. 27
s 237 117 s 238
Mining and Quarrying Safety and Health
(3) The court may make any order to enforce the forfeiture it considers 1
appropriate. 2
(4) This section does not limit the court's powers under the Penalties 3
and Sentences Act 1992 or another law. 4
with forfeited things 5
Dealing
237.(1) On the forfeiture of a thing to the State, the thing becomes the 6
State's property and may be dealt with by the chief executive as the chief 7
executive considers appropriate. 8
(2) Without limiting subsection (1), the chief executive may destroy the 9
thing. 10
for acts or omissions of representatives 11
Responsibility
238.(1) Subsections (2) and (3) apply in a proceeding for an offence 12
against this Act. 13
(2) If it is relevant to prove a person's state of mind about a particular act 14
or omission, it is enough to show-- 15
(a) the act was done or omitted to be done by a representative of the 16
person within the scope of the representative's actual or apparent 17
authority; and 18
(b) the representative had the state of mind. 19
(3) An act done or omitted to be done for a person by a representative of 20
the person within the scope of the representative's actual or apparent 21
authority is taken to have been done or omitted to be done also by the 22
person, unless the person proves the person could not, by the exercise of 23
reasonable diligence, have prevented the act or omission. 24
(4) In this section-- 25
"representative" means-- 26
(a) of a corporation--an executive officer, employee or agent of the 27
corporation; or 28
(b) of an individual--an employee or agent of the individual. 29
s 239 118 s 240
Mining and Quarrying Safety and Health
"state of mind" of a person includes-- 1
(a) the person's knowledge, intention, opinion, belief or purpose; and 2
(b) the person's reasons for the intention, opinion, belief or purpose. 3
officers must ensure corporation complies with Act 4
Executive
239.(1) The executive officers of a corporation must ensure that the 5
corporation complies with this Act. 6
(2) If a corporation commits an offence against a provision of this Act, 7
each of the corporation's executive officers also commits an offence, 8
namely, the offence of failing to ensure that the corporation complies with 9
the provision. 10
Maximum penalty--the penalty for the contravention of the provision by an 11
individual. 12
(3) Evidence that the corporation has been convicted of an offence 13
against a provision of this Act is evidence that each of the executive officers 14
committed the offence of failing to ensure that the corporation complies 15
with the provision. 16
(4) However, it is a defence for an executive officer to prove-- 17
(a) if the officer was in a position to influence the conduct of the 18
corporation in relation to the offence--the officer exercised 19
reasonable diligence to ensure the corporation complied with the 20
provision; or 21
(b) the officer was not in a position to influence the conduct of the 22
corporation in relation to the offence. 23
24
Representation
240. A party to a proceeding under this Act may be represented by the 25
party's lawyer or agent. 26
s 241 119 s 243
Mining and Quarrying Safety and Health
of investigation 1
Costs
241.(1) If a court convicts a person of an offence against this Act, the 2
court may order the person to pay the department's reasonable costs of 3
investigating the offence, including reasonable costs of preparing for the 4
prosecution of the offence. 5
(2) This section does not limit the orders for costs the court may make. 6
of fees 7
Recovery
242.(1) A fee payable under this Act and not paid may be recovered by 8
the chief executive-- 9
(a) in summary proceedings under the Justices Act 1886; or 10
(b) by action for a debt in a court of competent jurisdiction. 11
(2) A fee may also be recovered in a proceeding for an offence against 12
this Act. 13
(3) An order made under subsection (2) is enforceable under the Justices 14
Act 1886 as an order for payment of money made by a magistrate under 15
that Act. 16
(4) If an order is made under subsection (2)-- 17
(a) the order may be filed in the registry of a Magistrates Court; and 18
(b) on being filed, is taken to be an order made by a Magistrates 19
Court and may be enforced accordingly. 20
3--Evidentiary provisions 21
Division
of documents 22
Service
243.(1) If a document is required or permitted under this Act to be given 23
to a person, the document may be given to the person by facsimile 24
transmission directed and sent to-- 25
(a) the last transmission number given to the giver of the document 26
by the person as the facsimile transmission number for service of 27
documents on the person; or 28
s 244 120 s 245
Mining and Quarrying Safety and Health
(b) the facsimile transmission number operated-- 1
(i) at the address of the person last known to the giver of the 2
document; or 3
(ii) if the person is a company, at the company's registered 4
office. 5
(2) A document given in accordance with subsection (1) is taken to have 6
been given on the day the copy is transmitted. 7
(3) This section does not limit any other means of giving documents 8
authorised or permitted by law including, for example, under the Acts 9
Interpretation Act 1954, part 10.29 10
document to be given to operator 11
How
244. A document to be given to an operator for a mine, is taken to have 12
been given to the operator if it is-- 13
(a) addressed to the operator; and 14
(b) given to the site senior executive at the mine. 15
PART 15--OFFENCES 16
not to encourage refusal to answer questions 17
Person
245.(1) A person must not encourage or influence, or attempt to 18
encourage or influence, by general direction, promise of advantage, threat of 19
dismissal or otherwise, a worker to refuse to answer questions put to the 20
worker by an inspector, inspection officer or district workers' 21
representative. 22
Maximum penalty--40 penalty units. 23
(2) To remove any doubt, subsection (1) does not apply to the provision 24
of legal advice to a worker by a lawyer. 25
29 Acts Interpretation Act 1954, part 10 (Service of documents)
s 246 121 s 248
Mining and Quarrying Safety and Health
inspector or inspection officers and others 1
Impersonating
246. A person must not pretend to be an inspector, inspection officer, site 2
safety and health representative or district workers' representative. 3
Maximum penalty--40 penalty units. 4
for officers 5
Protection
247.(1) A person must not disadvantage an officer for exercising the 6
officer's powers under this Act. 7
Maximum penalty--500 penalty units. 8
(2) In this section-- 9
"officer" means-- 10
(a) an inspector; or 11
(b) an inspection officer; or 12
(c) a district workers' representative; or 13
(d) a site safety and health representative. 14
ART 16--GENERAL 15
P
Division 1--General safety matters 16
must not employ underage persons underground 17
Person
248. A person must not employ a person under the age of 16 as an 18
underground worker. 19
Maximum penalty--100 penalty units. 20
s 249 122 s 250
Mining and Quarrying Safety and Health
may request information 1
Workers
249. The site senior executive must make available for inspection, by 2
workers employed at the mine, a copy of the safety and health management 3
system. 4
Maximum penalty--100 penalty units. 5
where risk is unacceptable 6
Action
250.(1) If the level of risk from a hazard at a mine or an area within a 7
mine is not within acceptable limits, a worker, if competent and able to 8
eliminate the danger from the hazard, must take the action necessary to 9
eliminate the danger. 10
Maximum penalty--100 penalty units. 11
(2) If the worker is not competent or able to eliminate the danger, the 12
worker-- 13
(a) if the hazard is equipment, substances or operations--must stop 14
the use of the equipment, substances or operations; or 15
(b) if stopping the use of equipment, substances or operations does 16
not bring risk within acceptable limits or the risk is not caused by 17
the use of equipment, substances or operations--must withdraw 18
from the mine or the area within the mine. 19
Maximum penalty--100 penalty units. 20
(3) Also, if the worker is not competent or able to eliminate the danger, 21
the worker must-- 22
(a) take measures to prevent immediate danger to other workers that 23
the worker is able reasonably to take; and 24
(b) immediately report the situation to the worker's supervisor. 25
Maximum penalty--100 penalty units. 26
(4) If subsection (2)(b) applies, a supervisor of workers must ensure that 27
the workers are withdrawn from the mine or the area within the mine. 28
Maximum penalty--100 penalty units. 29
(5) If action has been taken under subsection (2)(a), a person must not 30
use the equipment or substances or resume operations until the risk-- 31
s 251 123 s 251
Mining and Quarrying Safety and Health
(a) has been assessed by a competent person; and 1
(b) has been treated as necessary to reduce the risk to an acceptable 2
level. 3
Maximum penalty--100 penalty units. 4
(6) If action has been taken under subsection (2)(b), a person must not 5
re-enter the mine or the area within the mine until the risk-- 6
(a) has been assessed by a competent person; and 7
(b) has been treated as necessary to reduce the risk to an acceptable 8
level. 9
Maximum penalty for subsection (6)--100 penalty units. 10
worker exposed to immediate personal danger 11
Where
251.(1) Subject to section 250(1) and (2), If a worker (the "original 12
worker") reasonably believes that there is serious danger to the original 13
worker's safety or health, the original worker has the right-- 14
(a) to remove himself or herself to a position of safety; and 15
(b) to refuse to undertake a task allocated to the original worker that 16
may place the worker in serious danger. 17
(2) The operator or the operator's representative must not disadvantage 18
the original worker for exercising the worker's rights under subsection (1). 19
Maximum penalty--200 penalty units. 20
(3) Subsection (4) applies if the operator or the operator's representative 21
subsequently asks or directs another worker (the "subsequent worker") to 22
place himself or herself in the position from which the original worker has 23
removed himself or herself, or to undertake a task that the original worker 24
has refused to undertake. 25
(4) The operator or the operator's representative must advise the 26
subsequent worker that the original worker exercised rights under 27
subsection (1) because the original worker believed that there was a serious 28
danger to the original worker's safety or health. 29
Maximum penalty for subsection (4)--200 penalty units. 30
s 252 124 s 253
Mining and Quarrying Safety and Health
by worker 1
Representation
252.(1) A worker may make, either personally or by a representative, a 2
representation to an inspector or inspection officer about-- 3
(a) an alleged contravention of this Act; or 4
(b) a thing or practice at the mine that is, or is likely to be, dangerous. 5
(2) The inspector or inspection officer must investigate the matter and 6
make a written report of the investigation to the worker or the worker's 7
representative. 8
(3) The name of the person making a representation must not be 9
disclosed except for a prosecution under subsection (4). 10
(4) A worker must not make a false or frivolous representation. 11
Maximum penalty for subsection (4)--40 penalty units. 12
Division 2--Miscellaneous 13
of information 14
Disclosure
253.(1) A person must not disclose information concerning the personal 15
affairs of a person or commercially sensitive information obtained by the 16
person in the administration of this Act, unless the disclosure is made-- 17
(a) with the consent of the person from whom the information was 18
obtained; or 19
(b) in the administration of this Act; or 20
(c) in a proceeding under this Act or a report of the proceeding; or 21
(d) in a proceeding before a court in which the information is relevant 22
to the issue before the court. 23
Maximum penalty--100 penalty units. 24
(2) However, the chief inspector may communicate anything that comes 25
to the chief inspector's knowledge under this Act to an officer or authority 26
responsible for administering a law of Queensland, the Commonwealth or 27
another State about safety and health in mining. 28
(3) This section does not limit the Freedom of Information Act 1992. 29
s 254 125 s 255
Mining and Quarrying Safety and Health
from liability 1
Protection
254.(1) An official does not incur civil liability for an act done, or 2
omission made, honestly and without negligence under this Act. 3
(2) If subsection (1) prevents a civil liability attaching to an official, the 4
liability attaches instead to the State. 5
(3) In this section-- 6
"official" means-- 7
(a) the Minister; or 8
(b) the chief inspector; or 9
(c) an inspector; or 10
(d) an inspection officer; or 11
(e) a person acting under the direction of or helping an inspector; or 12
(f) a member of the council; or 13
(g) a district workers' representative or a site safety and health 14
representative. 15
ART 17--ADMINISTRATION 16
P
17
Delegations
255.(1) The Minister or chief executive may delegate his or her powers 18
under this Act to an appropriately qualified public service employee. 19
(2) In this section-- 20
"appropriately qualified" includes having the qualifications, experience or 21
standing appropriate to exercise the power. 22
23
Example of `standing'--
24
A person's classification level in the public service.
s 256 126 s 258
Mining and Quarrying Safety and Health
of chief inspector's powers 1
Delegation
256.(1) The chief inspector may delegate any of the chief inspector's 2
powers to an inspector. 3
(2) However, the chief inspector may delegate a power to an inspector 4
only if the chief inspector is satisfied the inspector has the expertise and 5
experience to properly exercise the power. 6
(3) Also, the chief inspector must not delegate to an inspector the power 7
to review an inspector's directive under division 3. 8
about industry statistics or information 9
Notices
257.(1) The chief executive may, by notice, require a person to keep and 10
give the chief executive statistics or other information in the person's 11
custody, possession or power about the mining industry. 12
13
Examples of matters the notice may require--
14
1. The keeping and giving of records of production, disposal, sales and
15
employment numbers.
16
2. The compilation and giving of statistics, returns and other information,
17
including about attendance and absenteeism for work at mines.
18
3. That the records, statistics, returns or other information must be in an
19
approved form.
(2) The chief executive may, by notice, amend a notice. 20
(3) The person must comply with the notice, unless the person has a 21
reasonable excuse for not complying. 22
Maximum penalty for subsection (3)--40 penalty units. 23
executive to keep records 24
Chief
258.(1) The chief executive must keep and maintain records that 25
include-- 26
(a) a database of information about-- 27
(i) hazards associated with operations and methods of 28
controlling the hazards; and 29
s 259 127 s 260
Mining and Quarrying Safety and Health
(ii) lost time accidents and illnesses and high potential incidents; 1
and 2
(b) plans showing the extent of operations undertaken at abandoned 3
mines; and 4
(c) current guidelines. 5
(2) The chief executive, on payment by a person of a reasonable fee 6
decided by the chief executive, must give a person access to the records. 7
forms 8
Approved
259. The chief inspector may approve forms for use under this Act. 9
PART 18--REGULATIONS 10
power 11
Regulation-making
260.(1) The Governor in Council may make regulations under this Act. 12
(2) Without limiting subsection (1), a regulation may be made about the 13
following-- 14
(a) risk management practices including criteria to be used in 15
assessing whether risk is at an acceptable level; 16
(b) safety and health management systems; 17
(c) conditions in the work and local environments, the monitoring of 18
those environments, and the use of personal protective equipment 19
where limits are exceeded; 20
(d) processes and methods of operation; 21
(e) design and layout of facilities; 22
(f) the use, production and disposal of material; 23
(g) the design, use and maintenance of plant, equipment and tools; 24
(h) procedures and standard work instructions; 25
s 260 128 s 260
Mining and Quarrying Safety and Health
(i) the competency, fitness and monitoring of persons and the 1
monitoring of their work; 2
(j) the monitoring, reporting, recording and investigation of injuries, 3
illnesses and other effects on persons, and other incidents and 4
situations with the potential to cause harm; 5
(k) provisions for handling emergencies; 6
(l) the gathering, recording, analysis, flow, and use of safety and 7
health data and information. 8
(3) Without limiting subsection (1), a regulation may specify 9
requirements for the following-- 10
(a) notifications, returns, and other information to be provided by the 11
site senior executive to the inspectorate; 12
(b) protection of confidentiality of personally and commercially 13
sensitive information; 14
(c) the methods of keeping records and their availability; 15
(d) proceedings of the council; 16
(e) the qualifications and experience of inspectors, inspection 17
officers, site safety and health representatives and district 18
workers' representatives. 19
(4) Without limiting subsection (1), a regulation may set fees payable 20
under this Act. 21
(5) A regulation may create offences and prescribe penalties of not more 22
than 400 penalty units for offences against the regulation. 23
s 261 129 s 264
Mining and Quarrying Safety and Health
ART 19--TRANSITIONAL PROVISIONS AND 1
P
REPEALS 2
Division 1--Definitions 3
for pt 19 4
Definitions
261. In this part-- 5
"commencement" means the commencement of this section. 6
"former Act" means the Mines Regulation Act 1964. 7
2--Transitional matters 8
Division
certificates of competency 9
Existing
262. If a certificate of competency issued by the board of examiners 10
under the former Act and in force at the commencement is mentioned in 11
this Act, it is taken to be a certificate of competency granted under this Act. 12
by inspector 13
Approvals
263. If an approval of the chief inspector or an inspector for a stated use 14
for stated plant is in force under the former Act at the commencement, and 15
a certificate by a testing authority is required under this Act for the stated 16
use for the stated plant, the approval of the chief inspector or inspector is 17
taken to be a certificate given under this Act. 18
of examiners 19
Board
264.(1) The board of examiners established under the former Act is 20
taken to be the board of examiners under this Act for 6 months after the 21
commencement. 22
(2) A person who immediately before the commencement was a 23
member of the board of examiners continues to be a member for 6 months 24
after the commencement. 25
s 265 130 s 269
Mining and Quarrying Safety and Health
(3) To remove doubt, for this Act, the board of examiners has only the 1
functions and powers set out in this Act. 2
chief inspector to be chief inspector 3
Existing
265. A person who, immediately before the commencement, was the 4
chief inspector of mines under the former Act, is taken to be appointed as 5
the chief inspector under this Act. 6
inspector to be inspector 7
Existing
266. A person who, immediately before the commencement, was an 8
inspector under the former Act is taken to be appointed as an inspector 9
under this Act. 10
inspection officer to be inspection officer 11
Existing
267. A person who, immediately before the commencement, was an 12
inspection officer under the former Act is taken to be appointed as an 13
inspection officer under this Act. 14
district workers' representative 15
Existing
268. A person who, immediately before the commencement, held an 16
appointment as a district workers' representative under the former Act is 17
taken to be appointed as a district workers' representative under this Act 18
until the day the person's appointment under the former Act would have 19
ended. 20
record book taken to be mine record 21
Mine
269. The mine record book under the former Act is taken to be the mine 22
record under this Act. 23
s 270 131 s 272
Mining and Quarrying Safety and Health
may finish inquiry into accident 1
Warden
270.(1) If a warden has started an inquiry into an accident under the 2
former Act and the inquiry has not been finished at the commencement, the 3
warden may finish the inquiry under the former Act as if it had not been 4
repealed. 5
(2) In this section-- 6
"warden" means a warden under the Mineral Resources Act 1989. 7
Division 3--Repeal 8
9
Repeal
271. The Mines Regulation Act 1964 is repealed. 10
4--Consequential amendments 11
Division
amended 12
Acts
272. Schedule 1 amends the Acts mentioned in it. 13
14
132
Mining and Quarrying Safety and Health
CHEDULE 1 1
¡S
AMENDMENT OF OTHER ACTS 2
section 272 3
CORONERS ACT 1958 4
´
1. Section 4(1)(d), `Mines Regulation Act 1964'-- 5
omit, insert-- 6
`Mining and Quarrying Safety and Health Act 1999'. 7
FIRE AND RESCUE AUTHORITY ACT 1990 8
´
1. Section 95(1)(a), `Mines Regulation Act 1964'-- 9
omit, insert-- 10
`Mining and Quarrying Safety and Health Act 1999'. 11
2. Section 104A, definition "building", paragraph (b), `Mines 12
Regulation Act 1964'-- 13
omit, insert-- 14
`Mining and Quarrying Safety and Health Act 1999'. 15
FOSSICKING ACT 1994 16
´
1. Section 79(1), `Mines Regulation Act 1964'-- 17
omit, insert-- 18
`Mining and Quarrying Safety and Health Act 1999'. 19
133
Mining and Quarrying Safety and Health
SCHEDULE 1 (continued)
2. Section 82, `Mines Regulation Act 1964'-- 1
omit, insert-- 2
`Mining and Quarrying Safety and Health Act 1999'. 3
ORKPLACE HEALTH AND SAFETY ACT 1995 4
´W
1. Section 3(1)(b)-- 5
omit, insert-- 6
`(b) a mine to which the Mining and Quarrying Safety and Health Act 7
1999 applies; or'. 8
WORKPLACE RELATIONS ACT 1997 9
´
1. Section 404, definition "mine", `Mines Regulation Act 1964'-- 10
omit, insert-- 11
`Mining and Quarrying Safety and Health Act 1999'. 12
13
134
Mining and Quarrying Safety and Health
CHEDULE 2 1
¡S
ICTIONARY 2
D
section 8 3
"acceptable level", of risk to a person from operations, see section 26. 4
"accident" see section 16. 5
"area of representation",of a safety and health representative, see 6
section 84(4). 7
"attendance notice" see section 208. 8
"board of examiners" see section 179. 9
"bodily harm" see Criminal Code, section 1. 10
"certificate of competency" means a certificate of competency granted by 11
the board of examiners. 12
"chief inspector" means the chief inspector of mines. 13
"competence", for a task at a mine, see section 13. 14
"consultation", with workers, see section 14. 15
"conviction" includes a plea of guilty or a finding of guilt by a court even 16
though a conviction is not recorded. 17
"council" see section 66. 18
"district workers' representative" see section 24. 19
"executive officer" of a corporation means a person who is-- 20
(a) a member of the governing body of the corporation; or 21
(b) concerned with, or takes part in, the corporations management, 22
whatever the person's position is called and whether or not the 23
person is a director of the corporation. 24
"exploration permit" has the meaning given in the Mineral Resources Act 25
1989. 26
135
Mining and Quarrying Safety and Health
SCHEDULE 2 (continued)
"explosive" has the meaning given in the Explosives Act 1999. 1
"facility description", for a mine, means a written document that shows or 2
describes-- 3
(a) the processes used and materials handled at the mine; and 4
(b) the layout of operations at the mine; and 5
(c) the major items of plant and equipment at the mine. 6
"fossick" has the meaning given in the Fossicking Act 1994. 7
"grievous bodily harm" see Criminal Code, section 1. 8
"guideline" see part 5. 9
"hard rock" means rock that must be broken to enable it to be excavated. 10
"hazard" see section 20. 11
"high potential incident" see section 18. 12
"holder" means the holder under the Mineral Resources Act 1989 of a 13
prospecting permit, exploration permit, mineral development licence, 14
mining lease or mining claim. 15
"industrial organisation" means an association of employers or 16
employees registered under the Industrial Organisations Act 1997. 17
"inspection officer" means a person appointed an inspection officer under 18
this Act. 19
"inspector"-- 20
(a) generally, means a person appointed as an inspector under this 21
Act; and 22
(b) for part 10, see section 178. 23
"mine" see section 9. 24
"mine record" see section 59. 25
"mineral" has the meaning given in the Mineral Resources Act 1989, but 26
does not include coal. 27
"mineral development licence" has the meaning given in the Mineral 28
Resources Act 1989. 29
136
Mining and Quarrying Safety and Health
SCHEDULE 2 (continued)
"mining claim" has the meaning given in the Mineral Resources Act 1989. 1
"mining lease" has the meaning given in the Mineral Resources Act 1989. 2
"mining project" means mining carried on under 2 or more mining leases 3
as a single integrated undertaking. 4
"mining tenure", for land, means a prospecting permit, exploration permit, 5
mineral development licence, mining lease or mining claim for the 6
land under the Mineral Resources Act 1989. 7
"notice" means signed written notice. 8
"obstruct" includes hinder, resist and attempt to obstruct. 9
"operations" see section 10. 10
"operator" see section 21. 11
"plant" includes-- 12
(a) machinery, equipment, appliance, pressure vessel, implement and 13
tool; and 14
(b) personal protective equipment; and 15
(c) a component of plant and a fitting, connection, accessory or 16
adjunct to plant. 17
"product" includes as mined material, waste material, treated and 18
semi-treated material. 19
"prospecting permit" has the meaning given in the Mineral Resources Act 20
1989. 21
"residual risk" means the remaining level of risk after measures to control 22
risk have been taken under this Act. 23
"risk" see section 19. 24
"risk management" see section 27. 25
"safety and health" see section 12. 26
"safety and health management system" see section 55. 27
"safety and health obligations" see section 30. 28
"separate part of a mine" see section 21(4). 29
137
Mining and Quarrying Safety and Health
SCHEDULE 2 (continued)
"serious accident" see section 17. 1
"site safety and health representative" see section 25. 2
"site senior executive", for a mine, see section 22. 3
"standard work instruction" see section 15. 4
"supervisor" see section 23. 5
"supplier" of plant, equipment or goods means a person who contracts to 6
supply plant, equipment or goods to operators. 7
"treatment" means any process that takes place on land the subject of a 8
prospecting permit, exploration permit, mineral development licence, 9
mining lease or mining claim that is carried out with the objective of 10
preparing material won in operations for its end purpose. 11
"unacceptable level of risk" means risk that is not at an acceptable level. 12
"underground mine" means a mine where workers normally work 13
beneath the surface of the earth, and includes structures, apparatus and 14
equipment that extend continuously from the surface into an 15
underground mine, but does not include the surface operations of the 16
mine. 17
"worker" is an individual who carries out work at a mine and includes-- 18
(a) an employee of the operator; and 19
(b) a contractor or employee of a contractor. 20
© State of Queensland 1999
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