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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Mining Legislation Amendment (Health
and Safety) Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Coal Mines Regulation Act 1982 No 67 2
4 Amendment of Mines Inspection Act 1901 No 75 2
5 Amendment of Mining Act 1992 No 29 2
6 Amendment of Occupational Health and Safety Act 2000
No 40 2
Schedules
1 Amendment of Coal Mines Regulation Act 1982 3
2 Amendment of Mines Inspection Act 1901 5
3 Amendment of Mining Act 1992 6
4 Amendment of Occupational Health and Safety Act 2000 7
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Parliaments
egislative Council
2002
New South Wales
Mining Legislation Amendment (Health
and Safety) Bill 2002
Act No , 2002
An Act to amend the Coal Mines Regulation Act 1982, the Mines Inspection
Act 1901 and the Occupational Health and Safety Act 2000 with respect to the
appointment of inspectors in relation to mines; to amend the Mining Act 1992 to
provide for the establishment of a Mine Safety Advisory Council; and for other
purposes.
Clause 1 Mining Legislation Amendment (Health and Safety) Bill 2002
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Mining Legislation Amendment (Health and Safety)
Act 2002.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Coal Mines Regulation Act 1982 No 67
The Coal Mines Regulation Act 1982 is amended as set out in
Schedule 1.
4 Amendment of Mines Inspection Act 1901 No 75
The Mines Inspection Act 1901 is amended as set out in Schedule 2.
5 Amendment of Mining Act 1992 No 29
The Mining Act 1992 is amended as set out in Schedule 3.
6 Amendment of Occupational Health and Safety Act 2000 No 40
The Occupational Health and Safety Act 2000 is amended as set out
in Schedule 4.
Page 2
Mining Legislation Amendment (Health and Safety) Bill 2002
Amendment of Coal Mines Regulation Act 1982 Schedule 1
Schedule 1 Amendment of Coal Mines Regulation
Act 1982
(Section 3)
[1] Section 5 Definitions
Insert at the end of paragraph (c) of the definition of owner in section 5 (1):
and
(d) where the mine or the part of the mine is being worked
by a subcontractor--the subcontractor,
[2] Section 167B
Insert after section 167A:
167B Exercise of inspector's powers under Occupational Health and
Safety Act 2000
(1) If an inspector appointed under section 47A of the
Occupational Health and Safety Act 2000 requires a person
referred to in section 60 (1) (a) of this Act to answer questions
in the course of the inspector exercising functions under that
Act, the person is entitled to nominate another person to be
present while being questioned.
(2) The regulations may make provision for or with respect to the
exercise of functions under the Occupational Health and
Safety Act 2000 in relation to a mine (within the meaning of
this Act) by an inspector appointed under section 47A of that
Act.
(3) A reference in subsection (2) to the exercise of functions under
the Occupational Health and Safety Act 2000 in relation to a
mine includes a reference to the exercise of functions under
Division 2 of Part 5 of that Act in relation to premises other
than a mine for the purpose of investigating any matter under
that Act in relation to a mine.
Page 3
Mining Legislation Amendment (Health and Safety) Bill 2002
Schedule 1 Amendment of Coal Mines Regulation Act 1982
[3] Schedule 3 Savings and transitional provisions
Insert at the end of clause 1 (1):
Mining Legislation Amendment (Health and Safety) Act 2002
Page 4
Mining Legislation Amendment (Health and Safety) Bill 2002
Amendment of Mines Inspection Act 1901 Schedule 2
Schedule 2 Amendment of Mines Inspection Act 1901
(Section 4)
[1] Section 77A
Insert after section 77:
77A Exercise of inspector's powers under Occupational Health and
Safety Act 2000
(1) If an inspector appointed under section 47A of the
Occupational Health and Safety Act 2000 requires a person
referred to in section 36A (1) (a) of this Act to answer
questions in the course of the inspector exercising functions
under that Act, the person is entitled to nominate another
person to be present while being questioned.
(2) The regulations may make provision for or with respect to the
exercise of functions under the Occupational Health and Safety
Act 2000 in relation to a mine (within the meaning of this Act)
by an inspector appointed under section 47A of that Act.
(3) A reference in subsection (2) to the exercise of functions under
the Occupational Health and Safety Act 2000 in relation to a
mine includes a reference to the exercise of functions under
Division 2 of Part 5 of that Act in relation to premises other
than a mine for the purpose of investigating any matter under
that Act in relation to a mine.
[2] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Mining Legislation Amendment (Health and Safety) Act 2002
Page 5
Mining Legislation Amendment (Health and Safety) Bill 2002
Schedule 3 Amendment of Mining Act 1992
Schedule 3 Amendment of Mining Act 1992
(Section 5)
Part 16
Insert after Part 15:
Part 16 Mine Safety Advisory Council
341 Establishment of Mine Safety Advisory Council
(1) The Minister is to establish a Mine Safety Advisory Council
that includes representation from peak industry and employee
organisations.
(2) The Mine Safety Advisory Council has the following functions:
(a) providing advice to the Minister on any policy matter
relating to occupational health and safety in mines,
(b) any other advisory function relating to occupational
health and safety in mines that is prescribed by the
regulations.
(3) The regulations may make provision for or with respect to the
constitution, members and procedure of the Mine Safety
Advisory Council.
Page 6
Mining Legislation Amendment (Health and Safety) Bill 2002
Amendment of Occupational Health and Safety Act 2000 Schedule 4
Schedule 4 Amendment of Occupational Health and
Safety Act 2000
(Section 6)
[1] Section 5 Application of Act
Omit the notes to the section. Insert instead:
Note.
1 Section 86 (Notification of accidents and other matters) and
section 87 (Non-disturbance of plant etc) do not apply to mines.
2 This Act applies to the Crown--see section 118.
3 This Act applies to prescribed plant affecting public safety even if
it is not at a place of work or for use at work--see section 135.
[2] Section 47 Appointment of inspectors (otherwise than in connection
with mines)
Insert at the end of section 47:
(2) A person appointed as an inspector under this section is not
authorised to exercise functions under this Act in relation to a
mine.
[3] Section 47
Omit the note to the section.
[4] Section 47A
Insert after section 47:
47A Appointment of inspectors in connection with mines
(1) The Minister may appoint as an inspector for the purposes of
this Act and the regulations any person who is, or could be
appointed or designated as, an inspector, mine safety officer or
investigator under the Coal Mines Regulation Act 1982 or the
Mines Inspection Act 1901.
(2) An instrument appointing a person as an inspector under this
section may limit the functions that the person has as such an
inspector.
Page 7
Mining Legislation Amendment (Health and Safety) Bill 2002
Schedule 4 Amendment of Occupational Health and Safety Act 2000
(3) A person appointed as an inspector under this section is only
authorised to exercise functions under this Act in relation to a
mine, but may exercise functions under Division 2 in relation
to premises other than a mine for the purpose of investigating
any matter under this Act in relation to a mine.
[5] Section 48
Omit the section. Insert instead:
48 Identification of inspectors
(1) Every inspector appointed under section 47 or 47A is to be
issued with an identification card as an inspector that complies
with this section.
(2) The identification card must:
(a) state that it is issued under this Act, and
(b) give the name of the person to whom it is issued, and
(c) state the date (if any) on which it expires, and
(d) describe the kinds of premises to which the powers of
the inspector extend, and
(e) state any limitations on the functions that the inspector
is authorised to exercise under this Act that are imposed
by the inspector's instrument of appointment, and
(f) bear the signature of:
(i) in the case of an inspector appointed under
section 47, the General Manager of WorkCover
or an officer approved by the General Manager
of WorkCover for the purposes of this
paragraph, or
(ii) in the case of an inspector appointed under
section 47A, the Minister or a person authorised
by the Minister.
(3) Nothing in this section prevents a single identification card
being issued to a person in respect of functions to be exercised
as an inspector under section 47A and functions to be exercised
under the Coal Mines Regulation Act 1982 or the Mines
Inspection Act 1901, or both.
Page 8
Mining Legislation Amendment (Health and Safety) Bill 2002
Amendment of Occupational Health and Safety Act 2000 Schedule 4
[6] Section 49 Division does not apply to mines
Omit the section.
[7] Section 104 Part does not apply to mines
Omit the section.
[8] Section 133 Application of Act to mines: references to WorkCover
Insert ", or to an officer of WorkCover" after "WorkCover".
[9] Section 137A
Insert after section 137:
137A Delegation of functions in relation to mines by Minister
(1) The Minister may delegate to the Director-General any of the
following functions of the Minister:
(a) any function under section 47A, or
(b) any function under this Act that is to be exercised by the
Minister as a result of a regulation under section 133
that provides that a reference to WorkCover in a
particular provision of this Act is to be read as a
reference to the Minister.
(2) The Director-General may delegate to any authorised person
any function of the Director-General under this Act, other than
this power of delegation.
(3) The Director-General may subdelegate to any authorised person
any function delegated to the Director-General by the Minister
if the Director-General is authorised to do so by the Minister.
(4) In this section:
authorised person means a public servant, or any other person
authorised by the regulations.
Director-General means the Director-General of the
Department of Mineral Resources.
Page 9
Mining Legislation Amendment (Health and Safety) Bill 2002
Schedule 4 Amendment of Occupational Health and Safety Act 2000
[10] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Mining Legislation Amendment (Health and Safety) Act 2002
Page 10
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