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COAL MINING SAFETY AND HEALTH ACT 1999 - As at 4 December 2023 - Act 39 of 1999

- As at 4 December 2023 - Act 39 of 1999

Table of Provisions

PART 1 - PRELIMINARY

Division 1 - Introduction

  • 1 Short title
  • 2 Commencement

Division 2 - Operation of Act

  • 3 Act binds all persons
  • 4 What does this Act apply to
  • 5 Who does this Act apply to
  • 5A Relationship with Rail Safety National Law (Queensland)

Division 3 - Objects of Act

  • 6 Objects of Act
  • 7 How objects are to be achieved

Division 4 - Interpretation

PART 2 - THE CONTROL AND MANAGEMENT OF RISK AND OTHER BASIC CONCEPTS

Division 1 - Control and management of risk

Division 2 - Cooperation

  • 32 Cooperation to achieve objects of Act

PART 3 - SAFETY AND HEALTH OBLIGATIONS

Division 1 - Preliminary

  • 33 Obligations for safety and health
  • 34 Discharge of obligations
  • 35 Person may owe obligations in more than 1 capacity
  • 36 Person not relieved of obligations
  • 37 How obligation can be discharged if regulation or recognised standard made
  • 38 How obligations can be discharged if no regulation or recognised standard made

Division 2 - Generally applicable safety and health obligations of persons

  • 39 Obligations of persons generally

Division 3 - Obligations of holders, coal mine operators, site senior executives and others

  • 40 Obligations of holders
  • 41 Obligations of coal mine operators
  • 42 Obligations of site senior executive for coal mine
  • 43 Obligations of contractors
  • 44 Obligations of designers, manufacturers, importers and suppliers of plant etc. for use at coal mines
  • 45 Obligations of erectors and installers of plant
  • 45A Obligations of designers, constructors and erectors of earthworks
  • 46 Obligations of manufacturers, importers and suppliers of substances for use at coal mines
  • 47 Obligations of service providers

Division 3A - Obligations of officers of corporations

  • 47A Obligation of officers of corporations

Division 4 - Defences

  • 48 Defences for div 2, 3 or 3A

PART 3A - INDUSTRIAL MANSLAUGHTER

  • 48A Definitions for part
  • 48B Exception for the Criminal Code, s 23
  • 48C Industrial manslaughter—employer
  • 48D Industrial manslaughter—senior officer

PART 4 - PROVISIONS ABOUT THE OPERATION OF COAL MINES

Division 1 - Notices about coal mines

  • 49 Notices by holder
  • 50 Notices by coal mine operator
  • 51 Notice of management structure
  • 52 Notice about exploration activities
  • 52A Notice about underground gasification activities

Division 2 - Management of coal mines

Division 3 - Safety and health management systems

Division 3A - Joint interaction management plans for overlapping resource authorities

  • 64C Application of div 3A
  • 64D Definitions for div 3A
  • 64E Requirement for joint interaction management plan
  • 64F Content of joint interaction management plan
  • 64G Notification of making of joint interaction management plan
  • 64H Review
  • 64I Availability of joint interaction management plan

Division 4 - Records and reporting

  • 65 Changes in management structure to be reported to an inspector
  • 66 Management structure to be recorded in the mine record
  • 67 Plans of coal mine workings
  • 68 Mine record
  • 69 Display of reports and directives
  • 69A Training and assessment record check

Division 5 - Protection of abandoned coal mines

PART 5 - RECOGNISED STANDARDS

  • 71 Purpose of recognised standards
  • 72 Recognised standards
  • 73 Use of recognised standards in proceedings

PART 5A - (Repealed)

PART 6 - INDUSTRY CONSULTATIVE ARRANGEMENTS

Division 1 - Purposes of part

  • 74 Purposes of pt 6

Division 2 - Coal mining safety and health advisory committee and its functions

  • 75 Coal mining safety and health advisory committee
  • 76 Primary function of committee
  • 76A Other functions of committee
  • 77 Annual report

Division 3 - Membership and conduct of committee proceedings

  • 78 Membership of committee
  • 79 Organisations to submit names to Minister
  • 80 Appointment of members
  • 81 Duration of appointment
  • 82 Conditions of appointment
  • 83 Member ceasing as member
  • 83A Substitute members
  • 84 Times and places of committee meetings
  • 85 Presiding at meetings of the committee
  • 86 Quorum and voting at meetings of the committee
  • 87 Recommendation to Minister if vote not unanimous
  • 88 Taking part in meetings by telephone etc.
  • 89 Resolutions without meetings
  • 90 Minutes by the committee
  • 91 Subcommittees

PART 7 - SITE SAFETY AND HEALTH REPRESENTATIVES

Division 1 - Purposes of part

  • 92 Purposes of pt 7

Division 2 - Site safety and health representatives

PART 8 - INDUSTRY SAFETY AND HEALTH REPRESENTATIVES

Division 1 - Purposes of part

  • 108 Purposes of pt 8

Division 2 - Industry safety and health representatives

PART 9 - INSPECTORS AND OTHER OFFICERS AND DIRECTIVES

Division 1 - Inspectors and inspection officers

  • 125 Appointments
  • 126 Qualifications for appointment as inspector
  • 127 Qualifications for appointment as inspection officer
  • 127A Appointment conditions and limit on powers
  • 128 Functions of inspectors and inspection officers
  • 129 Further functions of inspectors

Division 2 - Authorised officers

  • 129A Appointments
  • 129B Qualifications for appointment as authorised officer
  • 129C Appointment conditions and limit on functions and powers
  • 129D Functions of authorised officers
  • 129E Information about functions and powers

Division 3 - Identity cards for inspectors, inspection officers and authorised officers

  • 130 Identity cards
  • 131 Failure to return identity card
  • 132 Production or display of identity card

Division 4 - Powers of inspectors, inspection officers and authorised officers

Subdivision 1 - Preliminary
  • 132A Definition for div 4
    • Subdivision 2 - Power to enter places
  • 133 Entry to places
    • Subdivision 3 - Procedure for entry
  • 134 Consent to entry
  • 135 Application for warrant
  • 136 Issue of warrant
  • 137 Special warrants
  • 138 Warrants—procedure before entry
  • 138A Entry to residential premises
    • Subdivision 4 - General powers
  • 139 General powers after entering coal mine or other places
  • 140 Failure to help officer
  • 141 Failure to answer questions
  • 142 Site senior executive must help officer
    • Subdivision 5 - Power to seize evidence
  • 143 Seizing evidence at coal mine or other place
  • 144 Securing things after seizure
  • 145 Tampering with things subject to seizure
  • 146 Powers to support seizure
  • 147 Receipts to be given on seizure
  • 148 Forfeiture
  • 149 Return of seized things
  • 150 Access to things that have been seized
    • Subdivision 6 - Power to stop and secure plant and equipment
  • 151 Officer may stop and secure plant and equipment
    • Subdivision 7 - Power to obtain information
  • 152 Power to require name and address
  • 153 Failure to give name or address
  • 154 Power to require production of documents
  • 155 Failure to produce document
  • 156 Failure to certify copy of document
  • 157 Power to require attendance of persons before an officer to answer questions
  • 158 Failure to comply with requirement about attendance
  • 159 Use of particular evidence in proceedings
    • Subdivision 8 - Additional powers of chief inspector
  • 160 Additional powers of chief inspector

Division 5 - Directives by inspectors, inspection officers and industry safety and health representatives

Subdivision 1 - Power to give and way of giving directives
  • 161 Directive may be given
  • 162 How directive is given
  • 163 How directive is given for ss 166, 167 and 170
    • Subdivision 2 - Matters for which directives may be given
  • 164 Directive to ensure coal mine worker competent
  • 165 Directive to carry out test
  • 166 Directive to reduce risk
  • 167 Directive to suspend operations for unacceptable level of risk
  • 168 Directive to review safety and health management system and principal hazard management plans
  • 169 Directive to suspend operations for ineffective safety and health management system
  • 170 Directive to isolate site
  • 171 Directive about separate part of the mine
  • 172 Directive to provide independent engineering study
    • Subdivision 3 - Recording of directives and other matters
  • 173 Records must be kept
  • 174 Directives
    • Subdivision 4 - Review of directives
  • 175 Application for review
  • 176 Procedure for review
  • 177 Review of directive
  • 178 Stay of operation of directive

Division 6 - General enforcement offences

PART 10 - BOARD OF EXAMINERS

Division 1 - Purposes of part

  • 182 Purposes of pt 10

Division 2 - Board of examiners and its functions

  • 183 Inspector for pt 10
  • 184 Board of examiners
  • 185 Functions of board of examiners
  • 186 Membership and conduct of board proceedings
  • 187 Board of examiners to appoint secretary
  • 188 Appointment of board of examiners
  • 189 Quorum and voting at meetings of the board
  • 190 Presiding at meetings of the board of examiners
  • 191 Conditions of appointment
  • 192 Proceedings of the board of examiners
  • 193 Subcommittees

Division 3 - General

PART 10A - SUSPENSION AND CANCELLATION OF CERTIFICATES OF COMPETENCY AND SITE SENIOR EXECUTIVE NOTICES BY CEO

  • 197A Grounds for suspension or cancellation
  • 197B Notice of proposed action
  • 197C Submission against taking of proposed action
  • 197D Decision to take proposed action

PART 11 - ACCIDENTS AND INCIDENTS

Division 1 - Notification, information and inspections

  • 198 Notice of accidents, incidents, deaths or diseases
  • 198A Requirement to give primary information
  • 199 Place of accident must be inspected

Division 2 - Site of accident or incident

  • 200 Site not to be interfered with without permission
  • 201 Action to be taken in relation to site of accident or incident

PART 12 - BOARDS OF INQUIRY

Division 1 - General

  • 202 Minister may establish boards of inquiry
  • 203 Role of board of inquiry
  • 204 Conditions of appointment
  • 205 CEO to arrange for services of staff and financial matters for board of inquiry

Division 2 - Conduct of inquiry

  • 206 Procedure
  • 207 Notice of inquiry
  • 208 Inquiry to be held in public except in special circumstances
  • 209 Protection of members, legal representatives and witnesses
  • 210 Record of proceedings to be kept
  • 211 Representation
  • 212 Board’s powers on inquiry
  • 213 Notice to witness
  • 214 Inspection of documents or things
  • 215 Inquiry may continue despite court proceedings unless otherwise ordered
  • 216 Offences by witnesses
  • 217 Contempt of board
  • 218 Change of membership of board

PART 13 - MINES RESCUE

Division 1 - Preliminary

  • 219 Purposes of pt 13
  • 220 Definitions for pt 13
  • 221 Meaning of mines rescue capability
  • 222 Meaning of mines rescue agreement

Division 2 - Obligations of coal mine operators and users

Subdivision 1 - All coal mine operators

Division 3 - Accredited corporations

Subdivision 1 - Accreditation
  • 227 Accreditation
  • 228 Accreditation conditions
  • 229 Refusal to accredit
  • 230 Amending, suspending or cancelling accreditations—grounds
  • 231 Amending, suspending or cancelling accreditations—procedure
    • Subdivision 2 - Functions and performance
  • 232 Functions
  • 233 Performance criteria
  • 234 Reporting to Minister
    • Subdivision 3 - Miscellaneous
  • 235 Accredited corporation must keep records

PART 14 - APPEALS

Division 1 - Appeals against particular decisions of Minister, CEO or board of examiners

  • 236 Appeals against Minister’s decisions
  • 236A Appeals against CEO’s decisions
  • 237 Appeals against board of examiners’ decision
  • 238 How to start appeal
  • 239 Stay of operation of decisions
  • 240 Hearing procedures
  • 241 Powers of court on appeal
  • 242 Appeal to District Court on questions of law only

Division 2 - Appeals against chief inspector’s directives and particular decisions

  • 243 Who may appeal
  • 244 How to start appeal
  • 245 Stay of operation of directive or review decision
  • 246 Hearing procedures
  • 247 Assessors
  • 248 Powers of court on appeal

PART 15 - LEGAL PROCEEDINGS

Division 1 - Evidence

  • 249 Application of div 1
  • 250 Proof of appointments and authority unnecessary
  • 251 Proof of signatures unnecessary
  • 252 Evidentiary aids
  • 253 Expert reports
  • 254 Analyst’s certificate or report

Division 2 - Proceedings

  • 255 Proceedings for offences
  • 256 WHS prosecutor may ask CEO for information
  • 256A CEO’s duty to disclose information to WHS prosecutor
  • 256B Procedure if prosecution not brought
  • 257 Limitation on time for starting proceedings
  • 258 Court may order suspension or cancellation of certificate or notice
  • 259 Forfeiture on conviction
  • 260 Dealing with forfeited things
  • 261 Responsibility for acts or omissions of representatives
    • 262. (Repealed)
  • 263 Representation
  • 264 Orders for costs
  • 265 Recovery of fees

Division 3 - Evidentiary provisions

PART 15A - INJUNCTIONS

  • 267A Applying for injunction
  • 267B Grounds for injunction
  • 267C Court’s powers for injunction
  • 267D Terms of injunction

PART 15B - CIVIL PENALTIES

  • 267E Definitions for part
  • 267F Liability for civil penalties
  • 267G Giving of notice proposing imposition of civil penalty
  • 267H Submission against proposed imposition of civil penalty
  • 267I Giving of penalty notice
  • 267J Civil penalty can not be imposed after criminal proceeding
  • 267K Criminal proceeding after civil penalty imposed

PART 16 - OFFENCES

  • 268 Person not to encourage refusal to answer questions
  • 269 Impersonating inspectors, officers or representatives
  • 270 Protection for officers

PART 17 - GENERAL

Division 1 - General safety matters

  • 271 Contraband must not be taken into an underground mine
  • 272 Children under 16 not to be employed underground
  • 272A Children under 16 not to operate or maintain plant
  • 273 Withdrawal of persons in case of danger
  • 274 Where coal mine worker exposed to immediate personal danger
  • 275 Representations about safety and health matters
  • 275AA Protection from reprisal
  • 275AB Damages entitlement for reprisal

Division 2 - Miscellaneous

  • 275AC Public statements
  • 275A Disclosure of information
  • 276 Protection from liability

PART 18 - ADMINISTRATION

  • 277 Delegation by Minister or CEO
  • 278 Delegation of chief inspector’s powers
  • 279 Notices about coal industry statistics or information
  • 280 CEO to keep records
  • 281 Approved forms

PART 19 - REGULATIONS

  • 282 Regulation-making power

PART 20 - REPEAL, TRANSITIONAL AND VALIDATION PROVISIONS

Division 1 - Transitional and repeal provisions for Act No. 39 of 1999

Subdivision 1 - Definitions
  • 283 Definitions for div 1
    • Subdivision 2 - Transitional matters
  • 284 Existing notices
  • 285 Existing certificates of competency
  • 286 Approvals by inspector
  • 287 Board of examiners
  • 288 Mines rescue performance criteria
  • 288A Existing accreditation
  • 289 Existing chief inspector to be chief inspector
  • 290 Existing inspector to be inspector
  • 291 Existing inspection officer to be inspection officer
  • 292 Existing district union inspectors
  • 293 Existing miners’ officer to be site safety and health representative
  • 294 Mine record book taken to be mine record
  • 295 Notices about coal industry statistics or information
  • 296 Coal Industry Employees’ Health Scheme
  • 297 Warden may finish inquiry into accident
    • Subdivision 3 - Repeals
  • 298 Repeals

Division 2 - Transitional provisions for Mines and Energy Legislation Amendment Act 2010

Division 3 - Transitional provision for Mines and Energy Legislation Amendment Act 2011

  • 302 Application of appeal costs provision to undecided appeals

Division 4 - Transitional and validation provisions for Water Reform and Other Legislation Amendment Act 2014

  • 303 Application of joint interaction management plan provisions
  • 303A Requirement for joint interaction management plan by particular date
  • 304 Return of seized things

Division 5 - Validation provision for Land and Other Legislation Amendment Act 2017

  • 305 Validation of particular appointments

Division 6 - Transitional provision for Mineral, Water and Other Legislation Amendment Act 2018

  • 306 Requirement for joint interaction management plan relating to overlapping authority to prospect, petroleum lease, or water monitoring authority, under 1923 Act

Division 7 - Transitional provisions for Mines Legislation (Resources Safety) Amendment Act 2018

  • 307 Definitions for division
  • 308 Appointment of, and acting as, ventilation officers for underground mines during transitional period
  • 309 Ventilation officers holding office when transitional period ends
  • 310 Existing site senior executive notices

Division 8 - Transitional provisions for Resources Safety and Health Queensland Act 2020

  • 311 Definitions for division
  • 312 Functions performed and powers exercised by chief executive
  • 313 References to chief executive
  • 314 Functions performed and powers exercised by Commissioner for Mine Safety and Health
  • 315 References to Commissioner for Mine Safety and Health
  • 316 Existing proceedings
  • 317 Costs of investigation
  • 318 References to department

Division 9 - Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020

  • 319 Deferral of obligation of coal mine operators to ensure employees are appointed to particular positions
  • 320 Particular appointments of persons who are not employees of coal mine operators made before commencement and during transitional period
  • 321 Validation of particular orders for costs

Division 10 - Transitional provisions for Coal Mining Safety and Health and Other Legislation Amendment Act 2022

  • 322 Definitions for division
  • 323 Application of new pt 4, div 2
  • 324 Particular existing appointees go out of office
  • 325 Continuation of acting appointments made before commencement
  • 326 When particular acting appointments made before commencement taken to commence

Division 11 - Transitional provision for Information Privacy and Other Legislation Amendment Act 2023

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