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Mine Health and Safety Bill 2002
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
This Bill is about the health, safety and welfare of persons who work at
metalliferous and opal mines, at quarries and at certain other places. (These
places are called mines in the proposed Act.) The Occupational Health and
Safety Act 2000 is the main Act that deals with the health, safety and welfare of
persons at work. It covers persons at work at a mine. This Bill puts in place
special additional obligations, protections and procedures necessary for the
control of particular risks arising from a mine. The obligations, protections and
procedures in the Occupational Health and Safety Act 2000 will continue to
apply to mines.
Outline of provisions
Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.Clause 2 provides for the commencement of the proposed Act on a day or days
to be appointed by proclamation.Clause 3 defines terms used in the proposed Act.
Clause 4 clarifies that certain places are part of a mine.
Clause 5 clarifies that an employee is at work for the purposes of the proposed
Act when he or she is at the mine.Clause 6 makes it clear that risks arising out of the activities of persons at work
include risks attributable to the manner of conducting an undertaking, the plant
or substances used for the purposes of an undertaking or the condition of
premises used for the purposes of an undertaking.Clause 7 provides that notes do not form part of the proposed Act.
Part 2 Application of Act
Clause 8 specifies the places of work to which the proposed Act applies.Clause 9 provides that the Minister may, by notice published in the Gazette,
declare that the proposed Act does not apply to any mine, or any class of mines,
specified in the notice
Clause 10 provides that the proposed Act does not apply to coal mines.Clause 11 provides that the proposed Act does not apply to any mine used for
the purpose of manufacturing bricks, tiles, pottery, earthenware pipes, terracotta,
china ware, refractory material or cement.Clause 12 provides that the proposed Act does not apply to civil engineering
works.Clause 13 provides that the proposed Act binds the Crown.
Part 3 Objects of Act
Clause 14 sets out the objects of the proposed Act, which are to assist in
securing the objects of the Occupational Health and Safety Act 2000 in relation
to mines, to ensure that the particular hazards associated with mines are
identified and that any risks associated with those hazards are assessed,
identified, eliminated or controlled, to ensure that effective emergency
provisions are developed and maintained at mines and to ensure that appropriate
health and safety competencies are defined and implemented in the mining and
quarrying industry.Part 4 Application of Occupational Health and
Safety Act 2000
Clause 15 provides for the proposed Act and the regulations made under it to be
read and interpreted as if they formed part of the Occupational Health and Safety
Act 2000 (the OH&S Act).Clause 16 makes it clear that the proposed Act adds to the protection provided
by the OH&S Act. The clause provides that if a provision of the OH&S Act or
the regulations made under it applies to a mine, that provision continues to apply,
and must be observed, in addition to the proposed Act or the regulations made
under it.Clause 17 provides that the OH&S Act and the regulationsmade under it always
prevails if there is an inconsistency between the OH&S Act or the regulations
made under it and the proposed Act or the regulations made under it.Clause 18 makes it clear that compliance with the proposed Act or the
regulations made under it is not in itself a defence in any proceedings for an
offence against the OH&S Act or the regulations made under it.Clause 19 provides that evidence of a relevant contravention of the proposed
Act or the regulations made under it is admissible in any proceedings for an
offence against the OH&S Act or the regulations made under it.Clause 20 prevents a person being punished twice in respect of an act or
omission that constitutes an offence under the proposed Act or the regulations
made under it and under the OH&S Act or the regulations made under it.Clause 21 makes it clear that documents or plans that by virtue of the proposed
Act or the regulations are required to be kept at the office of the mine are taken
to be documents directly affecting the occupational health and safety of
employees within the meaning of section 81 of the OH&S Act.Part 5 Duties relating to health, safety and welfare
at mines
Division 1 Duties of mine holders
Clause 22 imposes a duty on a mine holder to nominate a person who is the
employer with the day to day control of each mine within the mine holding as
the operator of the mine. A mine holder must not undertake any work, or allow
any other person to undertake any work, at the mine unless the nomination has
been made. The nomination is to be made to the Chief Inspector, who may reject
it. Many of the significant obligations imposed under the proposed Act are
imposed on the operator of a mine. A mine holder must not carry on any
operations in relation to a mine unless an operator has been nominated.Clause 23 provides for the Chief Inspector to declare a person to be the operator
of a mine.Clause 24 requires a mine holder to provide an operator with all information
available to the mine holder that may reasonably be relevant to the development
and implementation of a mine safety management plan for the mine.Clause 25 sets out the maximum penalty for offences against the proposed
Division.Division 2 Duties of operators of mines
Subdivision 1 General duties
Clause 26 imposes a duty on the operator of a mine to ensure that work is not
carried out by any person at the mine unless the operator has identified all
reasonably foreseeable hazards arising from the work and its operations and the
operator has assessed any risks of harm to any person from those hazards.Clause 27 requires the operator of a mine to ensure that any foreseeable risk of
harm to any person from the mine is eliminated or, where it is not reasonably
practicable for that risk to be eliminated, that it is controlled.Clause 28 requires the operator of a mine to ensure that all persons who work at
the mine (including managers and supervisors) have the necessary skills,
competence and resources to undertake their work safely and to ensure the safety
of others.Subdivision 2 Mine safety management plans
Clause 29 imposes a duty on the operator of a mine to prepare a mine safety
management plan in accordance with the proposed Act and the regulations
stating how the health and safety of the persons who work at the mine, or who
are directly affected by the mine, will be protected.Clause 30 requires the operator of a mine to ensure that work is not carried out
at the mine unless a mine safety management plan that complies with the
proposed Act, and that has been registered, is in effect for the mine.Clause 31 requires an operator to ensure compliance with the mine safety
management plan.Clause 32 provides that a mine safety management plan must include system
elements, the management structure of the mine and any other matters that may
be prescribed by the regulations.Clause 33 requires the persons who work at a mine to be consulted in the
preparation of the mine safety management plan.Clause 34 requires the operator of a mine to communicate the mine safety
management plan, or a summary of the plan, to the persons working at the mine,
to regularly review the plan and to ensure that no contractor starts work at the
mine without having been provided with a copy of the mine safety management
plan.Clause 35 requires a copy of the mine safety management plan for a mine to be
kept at the office of the mine and be made available for inspection by a
government official, a site check inspector or a worker.Clause 36 requires a person who ceases to be the operator of a mine to return to
the mine holder any information provided to the person or obtained by the person
in the course of exercising prescribed functions.Subdivision 3 Management structure
Clause 37 requires the operator of a mine to prepare a management structure of
the mine, which nominates persons within it by position and outlines their areas
of responsibility and accountability.Clause 38 requires the operator of a mine to keep a register of the names of
persons occupying positions in the management structure for the mine.Subdivision 4 Duties regarding contractors
Clause 39 requires the operator of a mine to prepare a contractor management
plan, stating how the risks arising from the use of contractors at the mine will be
managed.Clause 40 provides for the regulations to specify the contents of a contractor
management plan.Clause 41 requires the operator of a mine to consult with any contractor
proposing to work at the mine for the purpose of ensuring that the contractor is
familiar with the relevant parts of any mine safety management plan and that the
contractor’s arrangements for mine safety management are consistent with any
mine safety management plan for the mine.Clause 42 specifies the duties of an operator regarding contractors.
Subdivision 5 Emergency management
Clause 43 defines an emergency as existing at a mine when the situation is not
envisaged or controlled and there is a threat to the life or physical well-being of
persons at or outside the mine.Clause 44 imposes a duty on the operator of a mine to ensure that an emergency
plan is prepared for the mine.Clause 45 requires the operator of a mine to ensure that work is not carried out
at the mine unless an emergency plan is implemented for the mine.Clause 46 describes the contents of an emergency plan, which must include an
up-to-date plan of the mine.Clause 47 provides for the review of an emergency plan whenever the mine
safety management plan for the mine is reviewed.Subdivision 6 Keeping of records and reporting
Clause 48 requires the operator of a mine to keep the records concerning health
and safety that are required by the regulations.Clause 49 requires the operator to make reports concerning health and safety as
required by the regulations.Subdivision 7 Penalties
Clause 50 sets out the maximum penalty for offences against the proposed
Division.Subdivision 8 Saving of certain notices and directions
Clause 51 provides that if a notice or direction is given under the proposed Act
to a person as the operator of a mine and that person is replaced as operator by
another person, any notice or direction is taken to have been given to the new
operator.Division 3 Duties and rights of employees
Clause 52 requires an employee who works at a mine to comply with the
operator’s mine safety management plan. An employee is required to inform the
operator of any circumstances that the employee considers may lead to a loss of
control of a major hazard and is required to immediately report to a supervisor
any situation that he or she believes could present a risk to health and safety that
is not within the employee’s competence to control.Clause 53 provides that every employee has a right to remove himself or herself
from any location at the mine when circumstances arise that appear to the
employee, with reasonable justification, to pose a serious danger to his or her
own safety or welfare.Clause 54 protects employees from being unlawfully dismissed or victimised.
The clause makes it an offence for an employer of any person who works at a
mine to dismiss an employee, injure an employee in his or her employment or
alter an employee’s position to his or her detriment because the employee
participates in a consultation process required by or under the proposed Act,
exercises rights under the proposed Act or is a site check inspector or for certain
other reasons.Clause 55 makes it clear that the proposed Division applies to employees of a
contractor who work at a mine.Division 4 Duties of those in management positions
Clause 56 requires a person who holds a management position at a mine to
comply with the mine safety management plan for the mine.Clause 57 requires a person who holds a management position at a mine to
inform the operator of the mine if he or she is aware that the conduct of the mine
does not conform with the Occupational Health and Safety Act 2000 or the
proposed Act or the regulations under either Act.Clause 58 sets out further obligations on those who hold management positions,
including to ensure that the workplace and work methods for which they are
responsible are safe.Clause 59 sets out the maximum penalty for offences against the proposed
Division.Division 5 Duties of supervisors
Clause 60 requires a supervisor at a mine to comply with the mine safety
management plan for the mine.Clause 61 requires a supervisor at a mine to inform the operator if he or she is
aware that the conduct of the mine does not conform with the Occupational
Health and Safety Act 2000 or the proposed Act or the regulations under either
Act.Clause 62 imposes further obligations on a supervisor at a mine.
Clause 63 sets out the maximum penalty for offences against the proposed
Division.Division 6 Duties of and in relation to contractors
Clause 64 requires a contractor to comply with the mine safety management
plan for the mine.Clause 65 gives a contractor the option to prepare a safety management plan.
Clause 66 requires a contractor to prepare a safe work method statement and to
comply with the statement.Clause 67 requires a contractor to ensure that work is carried out in accordance
with the safe work method statement.Clause 68 specifies a contractor’s duties regarding subcontractors.
Clause 69 sets out the maximum penalty for offences against the proposed
Division.Division 7 Duties to give notice
Clause 70 imposes a duty on a person not to commence drilling operations
unless the Chief Inspector has been given notice of the operations.Clause 71 allows for the regulations to require a person, or a person of a
specified class, to give notice of the commencement or discontinuation of
prescribed operations or activities at a mine.Clause 72 sets out the maximum penalty for offences against the proposed
Division.Division 8 General
Clause 73 makes it clear that a person can have more than one duty under the
proposed Part.Clause 74 provides that compliance with the regulations is not in itself a defence
in any proceedings for an offence against the proposed Part but that a relevant
contravention of the regulations is admissible in evidence in any proceedings for
an offence against the proposed Part.Clause 75 provides that if in proceedings against a person for an offence against
a provision of the proposed Part, the court is not satisfied that the person
contravened the provision but is satisfied that the act or omission concerned
constituted a contravention of another provision of the proposed Part or of
section 8 or 9 of the Occupational Health and Safety Act 2000, the court may
convict the person of an offence against that other provision.Clause 76 deals with multiple contraventions of general duties under the
proposed Part. It provides that more than one contravention of a provision of the
proposed Part that arises out of the same factual circumstances may be charged
as a single offence or as separate offences but that contraventions of 2 or more
provisions may not be charged as a single offence.Clause 77 makes it clear that nothing in the proposed Part confers a right of
action in any civil proceedings in respect of any contravention of any provision
of the proposed Part and that nothing in the proposed Part confers a defence to
an action in any civil proceedings or otherwise affects a right of action in any
civil proceedings.Part 6 Safety of mines
Division 1 Mine plans
Clause 78 provides that the proposed Division applies to a mine at which 20 or
more persons are employed. The Chief Inspector may also advise the operator of
any other mine that the proposed Division applies to the mine.Clause 79 clarifies what is meant by a reference to a plan.
Clause 80 requires a plan of the proposed workings of a mine to be prepared for
each mine.Clause 81 specifies the contents of a mine plan.
Clause 82 requires the revision of a mine plan every 3 months.
Clause 83 provides for access to a mine plan.
Clause 84 provides for the inspection of a mine plan by a government official.
Clause 85 provides for a government official to require a plan of workings
carried out to be made.Clause 86 requires the plan of workings of an abandoned mine to be deposited
with the Minister.Clause 87 sets out the maximum penalty for offences against the proposed
Division.Division 2 Hours of work
Clause 88 limits the hours that a person can work underground at a mine.Clause 89 provides for the Chief Inspector to direct the operator of a mine to
limit working hours or to alter associated working arrangements.Clause 90 provides for the regulations to make provision concerning the hours
of work of persons working at mines.Clause 91 requires shift roster regimes to be displayed at a mine.
Clause 92 requires the operator of a mine to keep records of the hours worked
underground by each employee at the mine.Clause 93 sets out the maximum penalty for offences against the proposed
Division.Clause 94 creates a defence to offences under the proposed Division.
Division 3 Tourist and educational activities
Clause 95 defines terms used in the proposed Division.Clause 96 provides that tourist activities cannot be conducted in or about a mine
without a permit. The clause also provides that a mine must not be used
principally for educational purposes without a permit.Clause 97 provides for the issue of permits authorising tourist activities or the
use of the mine principally for educational purposes or both.Clause 98 provides for the revocation or variation of such permits.
Clause 99 sets out the maximum penalty for offences against the proposed
Division.Part 7 Notification of incidents
Division 1 Notification of certain incidents
Clause 100 requires the operator of a mine to give the Chief Inspector notice of
certain notifiable incidents, namely any incident that has resulted in a person
being killed or any incident or other matter that the regulations declare to be
required to be notified.Clause 101 ensures the non-disturbance of plant involved in a notifiable
incident. If such an incident has occurred at a mine, the operator must ensure that
plant at the mine is not used, moved or interfered with, and that the area around
the notifiable incident is not disturbed, for 24 hours.Clause 102 requires the keeping of records of notifications under the proposed
Division.Clause 103 sets out the maximum penalty for offences against the proposed
Division.Division 2 Health and safety
Clause 104 requires the operator of a mine to keep records of medical or first aid
treatment.Clause 105 prevents an operator from providing a financial benefit or incentive
to a person for not reporting a safety matter.Clause 106 sets out the maximum penalty for offences against the proposed
Division.Division 3 Inquiries
Clause 107 provides for the constitution of a Board of Inquiry to conduct a
special inquiry into any event or dangerous occurrence causing death or serious
bodily injury, any dangerous occurrence, certain practices at a mine or any
matters relating to the safety, health, conduct or discipline of persons at or in
relation to a mine.Clause 108 makes provision regarding witnesses and evidence at special
inquiries.Clause 109 provides for a Board of Inquiry to report to the Minister.
Clause 110 provides that no appeal lies from any decision or determination of a
Board of Inquiry on a special inquiry.Clause 111 sets out the maximum penalty for offences against the proposed
Division.Part 8 Stop work orders
Clause 112 provides that if the Minister is of the opinion that any action is
being, or is about to be, carried out at a mine that is likely to result in a serious
breach of a provision of the Occupational Health and Safety Act 2000 or of the
regulations made under that Act or the proposed Act or the regulations made
under it, the Minister may order that the action is to cease and that no action,
other than any specified action, is to be carried out in or in the vicinity of the
mine, or a specified part of the mine, for a period not exceeding 28 days.Clause 113 makes it clear that the Minister is not required to notify any person
before making a stop work order.Clause 114 provides for theMinister to extend the duration of a stop work order.
Clause 115 requires consultation about the possible modification of proposed
detrimental action to avoid the need for a stop work order to continue.Clause 116 provides that a stop work order prevails over any approval, notice,
order or other instrument made or issued under the Occupational Health and
Safety Act 2000 or under any other Act that requires or permits work.Clause 117 provides for the Minister to enforce a stop work order by carrying
out work for the purpose of stopping the work specified in the order and provides
for the Minister to recover any costs or expenses incurred in doing so.Clause 118 makes it an offence to fail to comply with a requirement imposed by
a stop work order.Part 9 Competence standards
Division 1 Key obligations
Clause 119 provides for the regulations to specify functions to which the
proposed Part applies and to specify, or authorise the Minister to determine,
what is sufficient evidence of competence to perform those functions.Clause 120 provides that the operator of a mine must not employ a person at the
mine to perform a specified function unless the person holds specified evidence
of competence to perform that function.Clause 121 provides that a contractor must not employ a person at a mine to
perform a specified function unless the person holds specified evidence of
competence to perform that function.Clause 122 provides that a person must not perform at a mine a specified
function unless the person holds specified evidence of competence to perform
that function.Clause 123 sets out the maximum penalty for offences against the proposed
Division.Division 2 Metalliferous Mines and Extractive Industries
Competence Board
Clause 124 constitutes the Metalliferous Mines and Extractive Industries
Competence Board.Clause 125 provides that the Board is subject to Ministerial control and
direction.Clause 126 sets out the membership of the Board.
Clause 127 provides that the regulations may make provision for the procedure
of the Board.Division 3 Functions of Board
Clause 128 sets out some of the functions of the Board. These include to oversee
the development of competence standards for persons performing functions at
mines that may impact on health and safety, to undertake initial and ongoing
assessments of the competence of persons and to advise the Minister on certain
matters.Clause 129 requires the Board to prepare an annual report.
Clause 130 requires the Board to conduct a review of the status of competence
setting and assessment in the mining and quarrying industry.Division 4 Certificates of competence
Clause 131 provides for the Minister to grant certificates of competence to
perform specified functions.Clause 132 provides for the making of regulations concerning competence
standards and certificates of competence.Clause 133 provides for the making of Ministerial orders concerning
competence standards and certificates of competence. These orders have no
effect if they are inconsistent with the proposed Act or the regulations.Division 5 Offences
Clause 134 makes it an offence to use another person’s certificate of
competence, lend a certificate of competence or allow it to be used by another
person.Clause 135 makes it an offence to forge a certificate of competence or to possess
a forged certificate.Clause 136 makes it an offence to make false or misleading statements in
relation to the grant of any certificate of competence, the issue of a duplicate
certificate, the restoration of a certificate or for the purpose of obtaining
employment at a mine to perform functions for which a certificate is required.Clause 137 makes it an offence for a person whose competence has been
declared as not recognised to continue to perform functions for which that
competence was required.Clause 138 sets out the maximum penalty for offences against the proposed
Division.Part 10 Oversight of mines
Division 1 Outline of this Part
Clause 139 outlines the proposed Part which provides for the appointment,
functions and powers of government officials (namely, the Chief Inspector,
inspectors, mine safety officers and investigators) as well as persons to carry out
inspections as representatives of the work force at a mine (namely, site check
inspectors).Division 2 Inspections by government officials
Subdivision 1 Appointment of government officials
Clause 140 provides for the appointment of public servants as the Chief
Inspector and as inspectors, mine safety officers and investigators.Clause 141 provides for the appointment of consultants as investigators.
Subdivision 2 Functions of government officials
Clause 142 specifies the functions of the Chief Inspector.Clause 143 requires a government official to bring certain concerns regarding
the health, safety or welfare at work of persons at the mine to the attention of a
senior person at the mine.Clause 144 requires a government official to consider any complaint made to
him or her by a site check inspector for a mine, being a complaint concerning the
health, safety and welfare at work of persons at the mine. A government official
may investigate a complaint and is required to report to the site check inspector
who made the complaint as to the results of his or her consideration or
investigation.Clause 145 provides for a government official to audit and review the mine
safety management plan for a mine.Clause 146 provides for a government official to provide advice to the Chief
Inspector on matters relating to the health, safety and welfare of persons at work
at mines and to make reports on incidents or other matters at mines.Subdivision 3 Powers of government officials
Clause 147 provides that a government official has those powers that an
inspector has under Part 5 of the Occupational Health and Safety Act 2000 so as
to make any examination and inquiry that may be necessary to ascertain whether
the proposed Act and the regulations have been complied with, to ascertain
whether there is at a mine any matter or thing that affects or is likely to affect the
safety or health of persons employed at the mine, to ascertain the causes and
circumstances of any event or other occurrence at a mine or to investigate any
complaint made to the government official by a site check inspector.Clause 148 empowers a government official to enter any mine at any time.
Clause 149 empowers a government official to cross private land to get to a
mine.Clause 150 provides that a government official may require the operator of a
mine to provide the government official with a plan of the mine marked with
information that the government official considers necessary for an
investigation.Division 3 Inspections on behalf of work force
Subdivision 1 Site check inspectors
Clause 151 provides for the election of site check inspectors for the purpose of
enabling inspections to be carried out at a mine on behalf of the persons at the
mine.Clause 152 provides that an election of a site check inspector for a mine must be
held if one or more positions is vacant and an employee of the operator requests
in writing that an election be held or the Chief Inspector directs that an election
be held.Clause 153 provides for the conduct of elections of site check inspectors.
Clause 154 provides that a site check inspector for a mine holds office for 2
years.Clause 155 sets out when a site check inspector ceases to hold office and sets
out notification requirements.Clause 156 requires a person elected as a site check inspector to notify the
operator of the mine of his or her election and contact details.Clause 157 lists the functions of a site check inspector, which include to keep
under review the measures taken to ensure the health, safety and welfare of
persons at the mine, including procedures to control risks, and to investigate any
matter that may be a risk to health and safety at the mine.Clause 158 provides for the training of site check inspectors in matters of
occupational health and safety.Clause 159 sets out the rights of site check inspectors, which include the right
to be present when an inspector makes a formal report to the operator concerning
a health, safety or welfare matter at the mine.Clause 160 sets out the duties of operators in relation to site check inspectors.
Clause 161 sets out the duties of contractors in relation to site check inspectors.
Clause 162 requires the operator of a mine and all other persons at the mine to
afford every facility and assistance to a site check inspector for the purposes of
an inspection of the mine by the site check inspector.Subdivision 2 Inspections on behalf of work force
Clause 163 makes provision for inspections by site check inspectors on behalf
of the work force.Clause 164 provides that a site check inspector may be accompanied by the
operator or a representative of the operator, if the operator thinks fit.Clause 165 provides that a site check inspector must not leave his or her place
of work for the purposes of making an inspection under the proposed
Subdivision unless he or she has given notice to the operator or a supervisor.Clause 166 empowers a site check inspector or an authorised representative to
cross land to gain entry to a mine.Part 11 Mining industry codes of practice
Clause 167 specifies that the purpose of a mining industry code of practice is to
provide practical guidance to operators, employers and others who have duties
under Part 5 of the proposed Act or Part 2 of the Occupational Health and Safety
Act 2000 with respect to occupational health, safety and welfare at mines.Clause 168 provides that the Minister may prepare, or cause to be prepared,
draft mining industry codes of practice.Clause 169 requires the Minister to arrange consultation about a draft mining
industry code of practice.Clause 170 provides for the Minister to approve a mining industry code of
practice.Clause 171 provides for the publication of an approved mining industry code of
practice in the Gazette, specifies when a code commences and provides that a
code must be made available for public inspection without charge.Clause 172 provides for the amendment or revocation of an approved mining
industry code of practice.Clause 173 provides that in any proceedings for an offence against the proposed
Act or the regulations or against the Occupational Health and Safety Act 2000
or the regulations under that Act, an approved mining industry code of practice
that is relevant to any matter that it is necessary for the prosecution to prove or
to establish the commission of the offence by a person is admissible evidence in
those proceedings. A person’s failure to observe the code at any material time is
evidence of the matter to be established in those proceedings. A person is not
liable to any civil or criminal proceedings by reason only that the person has
failed to observe an approved mining industry code of practice.Part 12 Regulations
Clause 174 empowers the Governor to make regulations under the proposed
Act.Clause 175 lists specific matters that the regulations may deal with.
Clause 176 empowers the regulations to prescribe decisions that are to be
reviewable by the Administrative Decisions Tribunal.Clause 177 provides for the regulations to adapt the provisions of Part 5.
Clause 178 provides for the regulations to modify the application of the Act to
contractors.Clause 179 provides for the regulations to apply, adopt or incorporate any
publication as in force at a particular time or from time to time.Clause 180 provides for the regulations to create offences.
Clause 181 provides for the regulations to create exemptions from obligations
created by the regulations.Clause 182 provides for the regulations to modify obligations regarding
consultation required by the proposed Act.Part 13 Miscellaneous
Division 1 Enforcement
Clause 183 imposes liability on directors of corporations, and those concerned
in the management of corporations, for certain contraventions by corporations.Clause 184 makes it an offence for a person to aid, abet, counsel, procure or to
be directly or indirectly concerned with the commission of an offence.Clause 185 provides that it is a defence to any proceedings against a person for
an offence under the proposed Act if the person proves that it was not reasonably
practicable for the person to comply with the provision or the commission of the
offence was due to causes over which the person had no control and against the
happening of which it was impracticable to make provision.Clause 186 provides that it is not a defence to an action in any criminal
proceedings that a given course of action was not objected to by the Chief
Inspector or the Department, even if the proposed Act gives the Chief Inspector
or the Department an opportunity to object to that course of action.Division 2 Information
Clause 187 protects information obtained in connection with the administration
or execution of the proposed Act from disclosure except in specified
circumstances.Clause 188 prohibits the making of false or misleading statements in purported
compliance with the proposed Act.Clause 189 specifies when a person has a defence to a charge under the
proposed Division.Division 3 Exercise and delegation of functions
Clause 190 provides that the Chief Inspector is subject to Ministerial control
and direction.Clause 191 provides that the Minister may exercise any function of the Chief
Inspector.Clause 192 provides for the delegation of functions by the Minister to the
Director-General or the Board (in relation to functions under proposed Part 9).Clause 193 provides for the delegation of functions by the Chief Inspector.
Clause 194 provides for the delegation of functions by the Director-General.
Division 4 Service of documents
Clause 195 provides for the service of documents under the proposed Act.Clause 196 provides for the supply of documents and other things to an operator
of a mine.Clause 197 provides for the supply of documents and other things to the Chief
Inspector.Division 5 Fees
Clause 198 provides for the Minister to determine certain fees and charges.Division 6 General
Clause 199 protects certain persons from liability in relation to things done or
omitted in good faith for the purpose of executing any provision of the proposed
Act or any other Act.Clause 200 makes it clear that nothing in the proposed Act imposes an
obligation on a person to exercise any power because the person is a site check
inspector.Part 14 Repeals and amendments
Clause 201 repeals the Mines Inspection Act 1901 and the regulations and rules
made under it and an amending Act.Clause 202 gives effect to the amendment to theMining Act 1992 in Schedule 1.
Clause 203 gives effect to the amendments to the Occupational Health and
Safety Act 2000 in Schedule 2.Clause 204 gives effect to the amendments, required as a consequence of the
enactment of the proposed Act, to the Acts set out in Schedule 3.Clause 205 gives effect to the Schedule of savings and transitional provisions
set out in Schedule 4.Clause 206 provides for Ministerial review of the proposed Act.
Schedule 1 Amendment of Mining Act 1992
Schedule 1 amends the Mining Act 1992 to provide for the registration of mine
holdings under that Act.Schedule 2 Amendment of Occupational Health and
Safety Act 2000
Schedule 2 amends the Occupational Health and Safety Act 2000 (as proposed
to be amended by the Mining Legislation Amendment (Health and Safety) Act
2002 and the Coal Mine Health and Safety Act 2002) as a consequence of the
enactment of the proposed Act.Schedule 2 [1] omits the repealed Mines Inspection Act 1901 from the list of
associated occupational health and safety legislation. The proposedMine Health
and Safety Act 2002 is not included in that list because it contains sufficient
provisions regarding the regulation of health and safety at mines.Schedule 2 [2] omits the definition of mine
Schedule 2 [3] inserts the definition of mining or quarrying operation, which
is defined to mean a place to which the proposed Act applies.Schedule 2 [4] amends a note to extend its application to mining or quarrying
operations.Schedule 2 [5] amends section 17 of the OH&S Act, which deals with the
establishment of OHS committees and the election of OHS representatives. The
amendment provides that, in relation to a mining or quarrying operation, a site
check inspector for the operation must be a member of any OHS committee for
the operation. The amendment also provides that the subsection requiring an
OHS representative to be elected does not apply to a mine, since the proposed
Act makes provision for the election of site check inspectors for mining or
quarrying operations.Schedule 2 [6] provides for the reaching of alternative verdicts if a court is
satisfied that provision of Part 5 of the proposed Act has been contravened.Schedule 2 [7] removes mining and quarrying operations from the scope of a
section concerning inspections.Schedule 2 [8] provides that a person appointed as a government official under
the proposed Act is taken to have been appointed as an inspector for the purposes
of the OH&S Act and the regulations made under it. Such a person is only
authorised to exercise functions under the OH&S Act in relation to mining or
quarrying operations, but may exercise certain functions in relation to certain
other places.Schedule 2 [9], [10] and [16] update references to an Act.
Schedule 2 [11] removes mining or quarrying operations from the scope of
provisions dealing with the notification of accidents and other dangerous
incidents. Such matters are dealt with in relation to mining or quarrying
operations in Part 7 of the proposed Act.Schedule 2 [12]–[16] provide for the prosecution of offences under the proposed
Act.Schedule 3 Amendment of other Acts
Schedule 3 makes consequential amendments to provisions of other Acts that
refer to the Mines Inspection Act 1901.Schedule 4 Savings, transitional and other provisions
Schedule 4 makes savings and transitional provisions consequent on the
enactment of the proposed Act.
Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.