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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Mines Safety and Inspection Amendment
Bill 2007
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Section 4 amended 2
5. Section 15A amended 3
6. Section 15B amended 3
7. Section 15C amended 3
8. Section 31AY amended 4
9. Section 31BA amended 4
10. Section 34 amended 4
11. Section 35 amended 5
12. Section 37 amended 5
13. Section 38A amended 5
14. Section 40 amended 6
15. Section 41 amended 6
16. Section 43 amended 7
17. Section 43A amended 7
18. Section 46A inserted 7
46A. Appointment of exploration manager 7
19. Section 47 amended 8
20. Section 47A inserted 10
47A. Exploration manager to be treated as a
manager in certain circumstances 10
21. Section 51 amended 10
22. Section 53 amended 11
23. Section 55 amended 11
24. Section 56 amended 11
25. Section 60 amended 11
26. Section 77 amended 12
27. Section 78 amended 12
210--1 page i
Mines Safety and Inspection Amendment Bill 2007
Contents
28. Section 81 amended 12
29. Section 85 amended 12
30. Section 89 amended 13
31. Section 102 amended 13
32. Section 102AA inserted 13
102AA. Review of State mining engineer's
decisions under the regulations 13
33. Section 104 amended 14
34. Section 105 amended 15
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Mines Safety and Inspection Amendment
Bill 2007
A Bill for
An Act to amend the Mines Safety and Inspection Act 1994.
The Parliament of Western Australia enacts as follows:
page 1
Mines Safety and Inspection Amendment Bill 2007
s. 1
1. Short title
This is the Mines Safety and Inspection Amendment Act 2007.
2. Commencement
This Act comes into operation as follows:
5 (a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on the day after that day.
3. The Act amended
The amendments in this Act are to the Mines Safety and
10 Inspection Act 1994*.
[* Reprint 3 as at 10 June 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2006, Table 1.]
4. Section 4 amended
15 Section 4(1) is amended as follows:
(a) by inserting in the appropriate alphabetical position --
"
"exploration manager", in relation to particular
exploration operations, means a person who is
20 appointed exploration manager for those
operations under section 46A;
";
(b) by deleting the definition of "principal employer" and
inserting instead --
25 "
"principal employer" --
(a) in relation to a mine (other than a mine
where only exploration operations are being
carried out), means the employer who is the
page 2
Mines Safety and Inspection Amendment Bill 2007
s. 5
proprietor, lessee, or occupier of the mine
and who has overall control and supervision
of the mine, mining operations at the mine
and the manager of the mine; and
5 (b) in relation to a mine where only exploration
operations are being carried out, means the
employer who has overall control and
supervision of the exploration operations at
the mine and the exploration manager
10 appointed for those operations;
".
5. Section 15A amended
(1) Section 15A(2) is amended by deleting "section 9 has" and
inserting instead --
15 " sections 9 and 9A have ".
(2) Section 15A(3) is amended by inserting after "subsection (4)
apply" --
" , and sections 10A and 15E have effect ".
6. Section 15B amended
20 (1) Section 15B(2) is amended by deleting "section 9 has" and
inserting instead --
" sections 9 and 9A have ".
(2) Section 15B(3) is amended by deleting "section 10 has" and
inserting instead --
25 " sections 10 and 10A have ".
7. Section 15C amended
(1) Section 15C(4) is amended by deleting "section 9 has" and
inserting instead --
" sections 9 and 9A have ".
page 3
Mines Safety and Inspection Amendment Bill 2007
s. 8
(2) Section 15C(5) is amended by deleting "section 10 has" and
inserting instead --
" sections 10 and 10A have ".
8. Section 31AY amended
5 (1) Section 31AY(3) is amended as follows:
(a) by deleting "may be made only in the prescribed form
duly completed" and inserting instead --
" must be made in writing ";
(b) in paragraphs (a) and (b) by deleting "must be made".
10 (2) Section 31AY(4) is amended by deleting "duly completed
prescribed form" and inserting instead --
" reference ".
9. Section 31BA amended
(1) Section 31BA(2) is repealed and the following subsection is
15 inserted instead --
"
(2) A reference under subsection (1) must be made in
writing and within --
(a) 7 days after the day on which the person
20 received notice of the decision; or
(b) such further period as the Tribunal may allow.
".
(2) Section 31BA(3) is amended by deleting "duly completed
prescribed form" and inserting instead --
25 " reference ".
10. Section 34 amended
(1) Section 34(1), (2) and (3) are each amended by deleting the
penalty at the foot of the subsection.
page 4
Mines Safety and Inspection Amendment Bill 2007
s. 11
(2) After section 34(5) the following subsection is inserted --
"
(6) A person who contravenes subsection (1), (2) or (3)
commits an offence.
5 ".
11. Section 35 amended
(1) Section 35(1) is amended by deleting the penalty at the foot of
the subsection.
(2) After section 35(1) the following subsection is inserted --
10 "
(1a) A principal employer who contravenes subsection (1)
commits an offence.
".
12. Section 37 amended
15 (1) Section 37(1) is amended by deleting the penalty at the foot of
the subsection.
(2) After section 37(1) the following subsection is inserted --
"
(1a) A principal employer who contravenes subsection (1)
20 commits an offence.
".
13. Section 38A amended
(1) Section 38A(1), (3) and (5) are each amended by deleting the
penalty at the foot of the subsection.
25 (2) After section 38A(6) the following subsection is inserted --
"
(7) A person who contravenes subsection (1), (3) or (5)
commits an offence.
".
page 5
Mines Safety and Inspection Amendment Bill 2007
s. 14
14. Section 40 amended
(1) Section 40(1) and (2) are each amended by deleting the penalty
at the foot of the subsection.
(2) After section 40(2) the following subsection is inserted --
5 "
(2a) A person who contravenes subsection (1) or (2)
commits an offence.
".
15. Section 41 amended
10 (1) Section 41 is amended as follows:
(a) by inserting before "If " the subsection designation
"(1)";
(b) after paragraph (b) by deleting the comma and
inserting --
15 "
; or
(c) in the case of exploration operations where a
registered manager need not be appointed
because of section 33(7) (other than operations
20 to which section 33(6) applies), under the
control and supervision of a registered manager
or an exploration manager,
";
(c) by deleting all of the section from and including
25 "commits an offence" and inserting instead --
" commits an offence. ".
(2) At the end of section 41 the following subsection is inserted --
"
(2) Where the principal employer commits an offence
30 against subsection (1), the offence is deemed to
continue while the mine is so worked and section 95(2)
applies in respect of that continuing offence.
".
page 6
Mines Safety and Inspection Amendment Bill 2007
s. 16
16. Section 43 amended
(1) Section 43(2) is amended by deleting the penalty at the foot of
the subsection.
(2) After section 43(2) the following subsection is inserted --
5 "
(3) A manager who contravenes subsection (2) commits an
offence.
".
17. Section 43A amended
10 (1) After section 43A(2) the following subsection is inserted --
"
(2a) An underground manager who contravenes
subsection (2) commits an offence.
".
15 (2) Section 43A(4) is amended by deleting the penalty at the foot of
the subsection.
(3) After section 43A(4) the following subsection is inserted --
"
(5) A quarry manager who contravenes subsection (4)
20 commits an offence.
".
18. Section 46A inserted
After section 46 the following section is inserted --
"
25 46A. Appointment of exploration manager
(1) Before exploration operations begin at a mine, the
principal employer must appoint an exploration
manager for those operations and, while those
operations continue, must ensure that an exploration
30 manager is appointed for those operations.
page 7
Mines Safety and Inspection Amendment Bill 2007
s. 19
(2) If exploration operations are carried out by a syndicate
or other association of persons in such a way that no
person is employed in those operations, no exploration
manager is required and the members of that entity or
5 partnership or those persons are jointly and severally
responsible for the performance of those duties and
responsibilities which are, in the circumstances
described in section 47A(1), imposed on exploration
managers under this Act, so far as those duties and
10 responsibilities apply to an operation without
employees.
(3) Subsection (1) does not prevent the registered manager
for the mine (if there is one) from being appointed as
the exploration manager for those operations.
15 (4) A principal employer who contravenes subsection (1)
commits an offence.
".
19. Section 47 amended
(1) Section 47(1) is amended as follows:
20 (a) by deleting "owned by a person who owns" and
inserting instead --
" held by a person who holds ";
(b) by deleting "activities" and inserting instead --
" operations ".
25 (2) Section 47(2) is amended as follows:
(a) by deleting "If a registered manager does not give the
notice referred to in subsection (1) or exploration
operations are carried out on a mining tenement other
than one to which subsection (1) refers, the owner of a
30 mining tenement on which exploration operations are
being carried out" and inserting instead --
page 8
Mines Safety and Inspection Amendment Bill 2007
s. 19
"
If exploration operations at a mine are not under the
control of a registered manager because a registered
manager is not required under section 33(7) for those
5 operations and, for a mine to which subsection (1)
applies, no notice has been given under that subsection,
the principal employer
";
(b) in paragraph (a) by deleting "the State for that owner"
10 and inserting instead --
" those operations ";
(c) in paragraph (b) by deleting "that owner" and inserting
instead --
" the principal employer ".
15 (3) Section 47(2), (3) and (4) are each amended by deleting the
penalty at the foot of the subsection.
(4) Section 47(4) is amended by deleting "nominated as" and
inserting instead --
" notified as being ".
20 (5) Section 47(5) is amended as follows:
(a) by deleting "exploration manager or nomination under
subsection (2)(b)" and inserting instead --
" notification under subsection (2) ";
(b) by deleting all of the subsection from and including
25 "responsibilities which are" and inserting instead --
"
responsibilities which are --
(a) in the circumstances described in
section 47A(1), imposed on exploration
30 managers under this Act; or
page 9
Mines Safety and Inspection Amendment Bill 2007
s. 20
(b) imposed on persons referred to in
subsection (2)(b) under this Act.
".
(6) After section 47(5) the following subsection is inserted --
5 "
(6) A person who contravenes subsection (2), (3) or (4)
commits an offence.
".
20. Section 47A inserted
10 After section 47 the following section is inserted in
Division 1 --
"
47A. Exploration manager to be treated as a manager in
certain circumstances
15 (1) If exploration operations at a mine are not under the
control of a registered manager because a registered
manager is not required under section 33(7) for those
operations and no notice has been given under
section 47(1), then, for the purposes of this Act, the
20 exploration manager appointed for those operations is
to be treated as a manager of a mine in respect of those
operations, to the extent to which that is relevant to
those operations.
(2) Subsection (1) does not apply to exploration operations
25 to which section 46A(2) applies.
".
21. Section 51 amended
(1) Section 51(3) is amended by deleting the penalty at the foot of
the subsection.
page 10
Mines Safety and Inspection Amendment Bill 2007
s. 22
(2) After section 51(3) the following subsection is inserted --
"
(4) A person who contravenes subsection (3) commits an
offence.
5 ".
22. Section 53 amended
Section 53(2) is amended by deleting "Part" and inserting
instead --
" Act ".
10 23. Section 55 amended
Section 55(4) is amended as follows:
(a) by deleting paragraph (b);
(b) after each of paragraphs (a) and (ba) by inserting --
" and ".
15 24. Section 56 amended
(1) Section 56(8b)(b) is amended by deleting "a least" and inserting
instead --
" at least ".
(2) Section 56(10)(b) is amended as follows:
20 (a) by deleting "prescribed form" and inserting instead --
" form approved by the State mining engineer ";
(b) by deleting "prescribed in" and inserting instead --
" required by ".
25. Section 60 amended
25 Section 60(7) is amended by deleting "Part" and inserting
instead --
" Act ".
page 11
Mines Safety and Inspection Amendment Bill 2007
s. 26
26. Section 77 amended
(1) Section 77(1) and (2) are each amended by deleting the penalty
at the foot of the subsection.
(2) After section 77(2) the following subsection is inserted --
5 "
(2a) A manager who contravenes subsection (1) or (2)
commits an offence.
".
27. Section 78 amended
10 (1) Section 78(1) and (2) are each amended by deleting the penalty
at the foot of the subsection.
(2) After section 78(2) the following subsection is inserted --
"
(2a) A manager who contravenes subsection (1) or (2)
15 commits an offence.
".
28. Section 81 amended
(1) Section 81 is amended as follows:
(a) by inserting before "A person" the subsection
20 designation "(1)";
(b) by deleting the penalty at the foot of the section.
(2) At the end of section 81 the following subsection is inserted --
"
(2) A person who contravenes subsection (1) commits an
25 offence.
".
29. Section 85 amended
(1) Section 85(3) is amended by deleting the penalty at the foot of
the subsection.
page 12
Mines Safety and Inspection Amendment Bill 2007
s. 30
(2) After section 85(3) the following subsection is inserted --
"
(4) A person who contravenes subsection (3) commits an
offence.
5 ".
30. Section 89 amended
(1) Section 89(1) is amended by deleting the penalty at the foot of
the subsection.
(2) After section 89(1a) the following subsection is inserted --
10 "
(1b) A manager who contravenes subsection (1) commits an
offence.
".
31. Section 102 amended
15 (1) Section 102(1)(a) is amended by deleting "or 74(2)" and
inserting instead --
" , 74(2) or 102AA(2) ".
(2) Section 102(4) is amended by deleting "of the" in the first place
where it occurs.
20 32. Section 102AA inserted
After section 102 the following section is inserted in Part 9
Division 3 --
"
102AA. Review of State mining engineer's decisions under
25 the regulations
(1) In this section --
"reviewable decision" means a decision of the State
mining engineer under a provision of the
regulations that is specified in the regulations for
30 the purposes of this definition.
page 13
Mines Safety and Inspection Amendment Bill 2007
s. 33
(2) If a person is not satisfied with a reviewable decision
the person may refer the decision to the Tribunal for
review.
(3) A reference under subsection (2) must be made in
5 writing and within 14 days after that day on which the
person received notice of the decision.
(4) On a reference under subsection (2), the Tribunal is to
inquire into the circumstances relating to the decision
and may --
10 (a) affirm the decision; or
(b) affirm the decision with such modifications as
the Tribunal thinks fit; or
(c) revoke the decision and substitute for the
decision any decision that the Tribunal thinks
15 fit.
(5) A review of a reviewable decision is to be in the nature
of a rehearing.
(6) Pending the decision on a reference under
subsection (2), the operation of the reviewable decision
20 continues, unless the Tribunal orders otherwise.
".
33. Section 104 amended
Section 104(1) is amended after paragraph (zn) by deleting the
full stop and inserting --
25 "
;
(zo) providing for the review by the State mining
engineer of decisions of other persons under the
regulations, including decisions of other
30 persons as delegates of the State mining
engineer.
".
page 14
Mines Safety and Inspection Amendment Bill 2007
s. 34
34. Section 105 amended
(1) Section 105 is amended as follows:
(a) by inserting before "In order" the subsection
designation "(1)";
5 (b) by deleting the penalty at the foot of the section.
(2) At the end of section 105 the following subsection is inserted --
"
(2) A person who contravenes subsection (1) commits an
offence.
10 ".
page 15
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