MINING AND QUARRYING SAFETY AND HEALTH ACT 1999 - As at 1 March 2023 - Act 40 of 1999
- As at 1 March 2023
- Act 40 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
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
- 42A Obligations of designers, constructors and erectors of earthworks
- 43 Obligations of manufacturers, importers and suppliers of substances for use at mines
- 44 Obligations of service providers
Division 3A - Obligations of officers of corporations
- 44A Obligation of officers of corporations
Division 4 - Defences
- 45 Defences for div 2, 3 or 3A
PART 3A - INDUSTRIAL MANSLAUGHTER
- 45A Definitions for part
- 45B Exception for the Criminal Code, s 23
- 45C Industrial manslaughter—employer
- 45D Industrial manslaughter—senior officer
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
- 54A Appointment of ventilation officer
- 54B Absence of ventilation officer
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
Division 2 - Mining safety and health advisory committee and its functions
- 66 Mining safety and health advisory committee
- 67 Primary function of committee
- 67A Other functions of committee
- 68 Annual report
Division 3 - Membership and conduct of committee proceedings
- 69 Membership of committee
- 70 Organisations to submit names to Minister
- 71 Appointment of members—persons from panels
- 71A Appointment of members—inspectors
- 72 Duration of appointment
- 73 Conditions of appointment
- 74 Member ceasing as member
- 74A Substitute members
- 75 Times and places of meetings of the committee
- 76 Presiding at meetings of the committee
- 77 Quorum and voting at meetings of the committee
- 78 Recommendation to Minister if vote not unanimous
- 79 Taking part in meetings by telephone etc.
- 80 Resolutions without meetings
- 81 Minutes by the committee
- 82 Subcommittees
PART 7 - SITE SAFETY AND HEALTH REPRESENTATIVES AND COMMITTEES
Division 1 - Purpose of part
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 site safety and health committee
- 100 Functions of site 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
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 function 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
- 135A Entry to residential premises
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 seized things
- 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 Use of particular evidence in proceedings
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
- 179 Purpose of pt 10
- 180 Functions of the board of examiners
- 181 Examiners to be qualified
- 181A Board of examiners may consider previous suspension, cancellation or surrender of certificate of competency or site senior executive notice
- 182 Obtaining certificates of competency or site senior executive notices by fraud
- 183 Return of certificate of competency or site senior executive notice
- 184 Effect on particular appointments of suspension, cancellation or surrender of certificate of competency or site senior executive notice
- 185 Register to be kept by board of examiners
PART 10A - SUSPENSION AND CANCELLATION OF CERTIFICATES OF COMPETENCY AND SITE SENIOR EXECUTIVE NOTICES BY CEO
- 186 Grounds for suspension or cancellation
- 187 Notice of proposed action
- 188 Submission against taking of proposed action
- 189 Decision to take proposed action
190. (Repealed)
191. (Repealed)
192. (Repealed)
193. (Repealed)
194. (Repealed)
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 CEO 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, CEO or board of examiners
- 216 Appeals against Minister’s decisions
- 216A Appeals against CEO’s decisions
- 217 Appeals against board of examiners’ 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 particular 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 WHS prosecutor may ask CEO for information
- 235A CEO’s duty to disclose information to WHS prosecutor
- 235B Procedure if prosecution not brought
- 236 Limitation on time for starting proceedings
- 237 Court may order suspension or cancellation of certificate or notice
- 238 Forfeiture on conviction
- 239 Dealing with forfeited things
- 240 Responsibility for acts or omissions of representatives
241. (Repealed)
- 242 Representation
- 243 Orders for costs
- 244 Recovery of fees
Division 3 - Evidentiary provisions
- 245 Service of documents
- 246 How document to be given to operator
PART 14A - INJUNCTIONS
- 246A Applying for injunction
- 246B Grounds for injunction
- 246C Court’s powers for injunction
- 246D Terms of injunction
PART 14B - CIVIL PENALTIES
- 246E Definitions for part
- 246F Liability for civil penalties
- 246G Giving of notice proposing imposition of civil penalty
- 246H Submission against proposed imposition of civil penalty
- 246I Giving of penalty notice
- 246J Civil penalty can not be imposed after criminal proceeding
- 246K Criminal proceeding after civil penalty imposed
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
- 250A Underage persons not to operate or maintain plant
- 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
- 254A Protection from reprisal
- 254B Damages entitlement for reprisal
Division 2 - Miscellaneous
- 254C Public statements
- 255 Disclosure of information
- 256 Protection from liability
PART 17 - ADMINISTRATION
- 257 Delegation by Minister or CEO
- 258 Delegation of chief inspector’s powers
- 259 Notices about industry statistics or information
- 260 CEO to keep records
- 261 Approved forms
PART 18 - REGULATIONS
- 262 Regulation-making power
PART 19 - TRANSITIONAL AND REPEAL PROVISIONS FOR ACT NO. 40 OF 1999
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
PART 20 - OTHER TRANSITIONAL AND VALIDATION PROVISIONS
Division 1 - Transitional provisions for Mines and Energy Legislation Amendment Act 2011
- 274 Definitions for div 1
- 275 Existing certificates of competency
- 276 Existing decisions and assessments of the former board
- 277 References to mining safety and health advisory council
- 278 Continuation of mining safety and health advisory council and appointment of members
Division 2 - Transitional provision for Mines and Energy Legislation Amendment Act 2011
- 279 Application of appeal costs provision to undecided appeals
- 280 Return of seized things
- 281 Validation of particular appointments
- 282 Definition for division
- 283 Appointment of site senior executives during 1-year transitional period
- 284 Appointment of ventilation officers for underground mines during 3-year transitional period
- 285 Continuation of exemptions for particular opal or gem mines for 3-year transitional period
- 286 Definitions for division
- 287 Functions performed and powers exercised by chief executive
- 288 References to chief executive
- 289 Functions performed and powers exercised by Commissioner for Mine Safety and Health
- 290 References to Commissioner for Mine Safety and Health
- 291 Existing proceedings
- 292 Costs of investigation
- 293 References to department
- 294 Validation of particular orders for costs