MINING AND QUARRYING SAFETY AND HEALTH ACT 1999

Queensland Consolidated Acts

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MINING AND QUARRYING SAFETY AND HEALTH ACT 1999

TABLE OF PROVISIONS

Long Title

Contents

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

Division 3--Objects of Act

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

Division 4--Interpretation
Subdivision 1--Dictionary

8. Definitions—the dictionary
Subdivision 2--Other important terms
9. Meaning of mine
10. Meaning of operations
11. Meaning of quarry
12. Meaning of safety and health
13. Meaning of competence
14. Meaning of consultation
15. Meaning of standard work instruction
16. Meaning of accident
17. Meaning of serious accident
18. Meaning of high potential incident
19. Meaning of risk
20. Meaning of hazard
21. Meaning of operator
22. Meaning of site senior executive
23. Meaning of supervisor
24. Meaning of district workers' representative
25. Meaning of site safety and health representative

Part 2--Basic concepts

Division 1--Control and management of risk

26. What is an acceptable level of risk
27. Risk management
28. What happens if the level of risk is unacceptable

Division 2--Cooperation

29. Cooperation to achieve objects of Act

Part 3--Safety and health obligations

Division 1--Preliminary

30. Obligations for safety and health
31. Discharge of obligations
32. Person may owe obligations in more than 1 capacity
33. Person not relieved of obligations
34. How obligation can be discharged if regulation or guideline made
35. How obligations can be discharged if no regulation or guideline made

Division 2--Generally applicable safety and health obligations

36. Obligations of persons generally

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

37. Obligations of holders
38. Obligations of operators
39. Obligations of site senior executive for mine
40. Obligations of contractors
41. Obligations of designers, manufacturers, importers and suppliers of plant etc. for use at mines
42. Obligations of erectors and installers of plant
43. Obligations of manufacturers, importers and suppliers of substances for use at mines
44. Obligation of provider of services at mines

Division 4--Defences

45. Defences for div 2 or 3

Part 4--Provisions about the operation of mines

Division 1--Notices about mines

46. Notices by holder
47. Notices by operator
47A. Notice about underground gasification activities

Division 2--Management of mines

48. Appointment of operator
49. Appointment of site senior executive
50. Management structure for safe operations at mines
51. Competencies of supervisors
52. Appointment of another site senior executive during temporary absence
53. Additional requirements for management of underground mines
54. Appointment of another underground mine manager during temporary absence

Division 3--Safety and health management systems

55. Safety and health management system
56. Review of safety and health management system

Division 4--Records and reporting

57. Management structure to be recorded in the mine record
58. Plans of mine workings
59. Mine record
60. Display of reports and directives

Division 5--Protection of abandoned mines

61. Responsibility for protecting abandoned mines

Part 5--Guidelines

62. Purpose of guidelines
63. Guidelines
64. Use of guidelines in proceedings

Part 6--Industry consultative arrangements

Division 1--Purposes of part

65. Purposes of pt 6

Division 2--Mining safety and health advisory council and its functions

66. Mining safety and health advisory council
67. Functions of council
68. Annual report

Division 3--Membership and conduct of council proceedings

69. Membership of council
70. Organisations to submit names to Minister
71. Appointment of members
72. Duration of appointment
73. Conditions of appointment
74. Member ceasing as member
74A. Substitute members
75. Times and places of meetings of the council
76. Presiding at meetings of the council
77. Quorum and voting at meetings of the council
78. Recommendation to Minister if vote not unanimous
79. Taking part in meetings by telephone etc.
80. Resolutions without meetings
81. Minutes by the council
82. Committees

Part 7--Site safety and health representatives and committees

Division 1--Purpose of part

83. Purpose of pt 7

Division 2--Site safety and health representatives

84. Selection or election of site safety and health representatives
85. How site safety and health representatives are selected or elected
86. Site safety and health representative must obtain qualifications
87. Site safety and health representative must perform functions and exercise powers appropriately
88. Ceasing to be a site safety and health representative
89. Removal from office by Minister
90. Selection or election after removal from office
91. Functions and powers for area of representation
92. Functions of site safety and health representatives
93. Powers of site safety and health representative
94. Stopping operations by site safety and health representatives
95. When operations may be restarted
96. Site safety and health representative not to unnecessarily impede production
97. Protection of site safety and health representatives performing functions

Division 3--Site safety and health committees

98. Site safety and health committees
99. Membership of committee
100. Functions of safety and health committee
101. Times of meetings
102. Proceedings at meetings
103. Minutes to be made available

Division 4--Duties of site senior executive

104. Provision for help to representatives and committees
105. Site senior executive to tell site safety and health representatives about certain things
106. Site senior executive to display identity of site safety and health representatives

Part 8--District workers' representatives

Division 1--Purposes of part

107. Purposes of pt 8

Division 2--District workers' representatives

108. Nomination and appointment of district workers' representatives
109. Funding of district workers' representative
110. Termination of appointment
111. Appointment after termination
112. Filling of temporary vacancy
113. Persons not to pretend to be district workers' representatives if not appointed
114. District workers' representative restricted to safety and health purposes
115. Functions of district workers' representatives
116. Powers of district workers' representatives
117. District workers' representative not to unnecessarily impede production
118. Inadequate or ineffective safety and health management systems
119. Identity cards
120. Failure to return identity card
121. Production or display of identity card

Part 9--Inspectors and other officers and directives

Division 1--Inspectors and inspection officers

122. Appointments
123. Qualifications for appointment as inspector
124. Qualifications for appointment as inspection officer
124A. Appointment conditions and limit on powers and functions
125. Functions of inspectors and inspection officers
126. Further functions of inspectors

Division 2--Authorised officers

126A. Appointments
126B. Qualifications for appointment as authorised officer
126C. Appointment conditions and limit on functions and powers
126D. Functions of authorised officers
126E. Information about functions and powers

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

127. Identity cards
128. Failure to return identity card
129. Production or display of identity card

Division 4--Powers of inspectors, inspection officers and authorised officers
Subdivision 1--Preliminary

129A. Definition for div 4
Subdivision 2--Power to enter places
130. Entry to places
Subdivision 3--Procedure for entry
131. Consent to entry
132. Application for warrant
133. Issue of warrant
134. Special warrants
135. Warrants—procedure before entry
Subdivision 4--General powers
136. General powers after entering mine or other places
137. Failure to help officer
138. Failure to answer questions
139. Site senior executive must help officer
Subdivision 5--Power to seize evidence
140. Seizing evidence at mine or other place
141. Securing things after seizure
142. Tampering with things subject to seizure
143. Powers to support seizure
144. Receipts to be given on seizure
145. Forfeiture
146. Return of things that have been seized
147. Access to things that have been seized
Subdivision 6--Power to stop and secure plant and equipment
148. Officer may stop and secure plant and equipment
Subdivision 7--Power to obtain information
149. Power to require name and address
150. Failure to give name or address
151. Power to require production of documents
152. Failure to produce document
153. Failure to certify copy of document
154. Power to require attendance of persons before an officer to answer questions
155. Failure to comply with requirement about attendance
156. Person must answer question about serious accident or high potential incident
Subdivision 8--Additional powers of chief inspector
157. Additional powers of chief inspector

Division 5--Directives by inspectors, inspection officers and district workers' representatives
Subdivision 1--Power to give and way of giving directives

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

Division 6--General enforcement offences

176. False or misleading statements
177. False or misleading documents
178. Obstructing inspectors, officers or district workers' representatives

Part 10--Board of examiners

Division 1--Purposes of part

179. Purposes of pt 10

Division 2--Board of examiners and its functions

180. Inspector for pt 10
181. Board of examiners
182. Functions of the board of examiners
183. Membership and conduct of board proceedings
184. Board of examiners to appoint secretary
185. Appointment of board of examiners
186. Quorum and voting at meetings of the board
187. Presiding at meetings of the board of examiners
188. Conditions of appointment
189. Proceedings of the board of examiners
190. Committees

Division 3--General

191. Examiners to be qualified
192. Obtaining certificates of competency by fraud
193. Return of certificate of competency
194. Annual report

Part 11--Accidents and incidents

Division 1--Notification, information and inspections

195. Notice of accidents, incidents, deaths or diseases
195A. Requirement to give primary information
196. Place of accident must be inspected

Division 2--Site of accident or incident

197. Site not to be interfered with without permission
198. Action to be taken in relation to site of accident or incident

Part 12--Boards of inquiry

Division 1--General

199. Minister may establish boards of inquiry
200. Role of board of inquiry
201. Conditions of appointment
202. Chief executive to arrange for services of staff and financial matters for board of inquiry

Division 2--Conduct of inquiry

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

Part 13--Appeals

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

216. Appeals against Minister's decisions
217. Appeals against board of examiner's decision
218. How to start appeal
219. Stay of operation of decision
220. Hearing procedures
221. Powers of court on appeal
222. Appeal to District Court on questions of law only

Division 2--Appeals against chief inspector's directives and review decisions

223. Who may appeal
224. How to start appeal
225. Stay of operation of directive or review decision
226. Hearing procedures
227. Assessors
228. Powers of court on appeal

Part 14--Legal proceedings

Division 1--Evidence

228A. Application of div 1
229. Proof of appointments and authority unnecessary
230. Proof of signatures unnecessary
231. Evidentiary aids
232. Expert reports
233. Analyst's certificate or report

Division 2--Proceedings

234. Proceedings for offences
235. Recommendation to prosecute
236. Limitation on time for starting proceedings
237. Court may order suspension or cancellation of certificate
238. Forfeiture on conviction
239. Dealing with forfeited things
240. Responsibility for acts or omissions of representatives
241. Executive officers must ensure corporation complies with Act
242. Representation
243. Costs of investigation
244. Recovery of fees

Division 3--Evidentiary provisions

245. Service of documents
246. How document to be given to operator

Part 15--Offences

247. Person not to encourage refusal to answer questions
248. Impersonating inspectors, officers or representatives
249. Protection for officers

Part 16--General

Division 1--General safety matters

250. Person must not employ underage persons underground
251. Workers may request information
252. Action where risk is unacceptable
253. Where worker exposed to immediate personal danger
254. Representations about safety and health matters

Division 2--Miscellaneous

255. Disclosure of information
256. Protection from liability

Part 17--Administration

257. Delegations
258. Delegation of chief inspector's powers
259. Notices about industry statistics or information
260. Chief executive to keep records
261. Approved forms

Part 18--Regulations

262. Regulation-making power

Part 19--Transitional provisions and repeals

Division 1--Definitions

263. Definitions for pt 19

Division 2--Transitional matters

264. Existing certificates of competency
265. Approvals by inspector
266. Board of examiners
267. Existing chief inspector to be chief inspector
268. Existing inspector to be inspector
269. Existing inspection officer to be inspection officer
270. Existing district workers' representative
271. Mine record book taken to be mine record
272. Warden may finish inquiry into accident

Division 3--Repeal

273. Repeal
SCHEDULE 2 DICTIONARY
Endnotes

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