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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

  • 65 Purposes of pt 6

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

  • 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 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

  • 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 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 1 - Definitions

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

Division 3 - Transitional and validation provision for Water Reform and Other Legislation Amendment Act 2014

  • 280 Return of seized things

Division 4 - Validation provision for Land and Other Legislation Amendment Act 2017

  • 281 Validation of particular appointments

Division 5 - Transitional provisions for Mines Legislation (Resources Safety) Amendment Act 2018

  • 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

Division 6 - Transitional provisions for Resources Safety and Health Queensland Act 2020

  • 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

Division 7 - Validation provision for Mineral and Energy Resources and Other Legislation Amendment Act 2020

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