Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Mines Safety and Inspection
Act 1994 and includes the amendments made by the other written laws referred
to in the following table 1a, 3, 4. The table also
contains information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
62 of 1994 |
7 Nov 1994 |
s. 1 and 2:
7 Nov 1994; |
|
|
Occupational Safety and Health Legislation Amendment
Act 1995 Pt. 3 |
30 of 1995 |
11 Sep 1995 |
20 Jan 1996 (see s. 2 and Gazette
19 Jan 1996 p. 201) |
|
Industrial Relations Legislation Amendment and Repeal
Act 1995 s. 67(4) |
79 of 1995 |
16 Jan 1996 |
16 Jan 1996 (see s. 3(1)) |
|
Reprint of the Mines Safety and Inspection
Act 1994 as at 6 Feb 1996 (includes amendments listed
above) |
|
Local Government (Consequential Amendments) Act 1996
s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 88 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
Statutes (Repeals and Minor Amendments) Act (No. 2) 1998
s. 51 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998 (see s. 2(1)) |
|
Rail Safety Act 1998
s. 64(2) |
32 of 1998 |
6 Jul 1998 |
3 Feb 1999 (see s. 2 and Gazette
2 Feb 1999 p. 351) |
|
Reprint of the Mines Safety and Inspection
Act 1994 as at 17 Mar 2000 (includes amendments listed
above) |
|||
|
Statutes (Repeals and Minor Amendments) Act 2000
s. 25 |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
|
Mines Safety and Inspection Amendment
Act 2002 |
16 of 2002 |
8 Jul 2002 |
5 Aug 2002 |
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 83 and 87(7) |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
7 of 2004 |
10 Jun 2004 |
1 Mar 2008 (see s. 2 and Gazette
29 Feb 2008 p. 669) |
|
|
Occupational Safety and Health Legislation Amendment and
Repeal Act 2004 s. 115 5 |
51 of 2004 |
12 Nov 2004 |
4 Apr 2005 (see s. 2 and Gazette
14 Dec 2004 p. 5999-6000) |
|
Mines Safety and Inspection Amendment Act 2004
6-10 |
68 of 2004 |
8 Dec 2004 |
s. 1 and 2:
8 Dec 2004; |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Reprint 3: The Mines Safety and Inspection
Act 1994 as at 10 Jun 2005 (includes amendments listed
above except those in the Dangerous Goods Safety
Act 2004) |
|||
|
Planning and Development (Consequential and Transitional
Provisions) Act 2005 s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette
21 Mar 2006 p. 1078) |
|
Mines Safety and Inspection Amendment
Act 2008 |
16 of 2008 |
16 Apr 2008 |
s. 1 and 2: 16 Apr 2008
(see s. 2(a)); |
|
Reprint 4: The Mines Safety and Inspection
Act 1994 as at 16 May 2008 (includes amendments listed
above) |
|||
|
Training Legislation Amendment and Repeal
Act 2008 s. 55 |
44 of 2008 |
10 Dec 2008 |
10 Jun 2009 (see s. 2(2)) |
|
Mines Safety and Inspection Amendment
Act 2009 |
45 of 2009 |
3 Dec 2009 |
s. 1 and 2: 3 Dec 2009
(see s. 2(a)); |
|
Rail Safety Act 2010 Pt. 11 Div.
2 |
18 of 2010 |
28 Jun 2010 |
1 Feb 2011 (see s. 2(b) and Gazette 28 Jan 2011
p. 241) |
|
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette
10 Sep 2010 p. 4341) |
|
|
Public Sector Reform Act 2010
s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette
5 Nov 2010 p. 5563) |
|
Reprint 5: The Mines Safety and Inspection
Act 1994 as at 4 Feb 2011 (includes amendments listed
above) |
|||
1a On the date as at which this compilation was prepared,
provisions referred to in the following table had not come into operation and
were therefore not included in this compilation. For the text of the provisions
see the endnotes referred to in the table.
Provisions
that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|
Road Traffic Legislation Amendment Act 2012
Pt. 4 Div. 33 11 |
8 of 2012 |
21 May 2012 |
Operative on commencement of the Road Traffic
(Administration) Act 2008 (see s. 2(d)) |
2 The Industrial Relations Act 1988 (Commonwealth)
was renamed the Workplace Relations Act 1996 by the Workplace and
Other Legislation Amendment Act 1996 Sch. 19. The Workplace
Relations Act 1996 was then repealed by the Fair Work (Transitional
Provisions and Consequential Amendments) Act 2009.
3 The amendment in the Coroners Act 1996 Sch. 1
it. 11 is not included because of an error in the reference to the
provision to be amended. The amendment intended was made in the Statutes
(Repeals and Minor Amendments) Act (No. 2) 1998 s. 51.
4 The Courts Legislation Amendment and Repeal
Act 2004 Sch. 1 cl. 100 was deleted by the Criminal Law and
Evidence Amendment Act 2008 s. 77(10).
5 The Occupational Safety and Health Legislation Amendment
and Repeal Act 2004 s. 115(7) reads as follows:
115. Mines Safety and Inspection Act 1994 amended and saving
provision
(7) The amendment made by subsection (5) does not affect the
operation of section 103 of the Mines Safety and Inspection
Act 1994, before the commencement of that subsection, in relation to
members of the Mines Occupational Safety and Health Advisory Board established
under the section repealed by subsection (3).
6 The Mines Safety and Inspection Amendment Act 2004
s. 31(2) reads as follows:
(2) Section 97 of the Mines Safety and Inspection
Act 1994 as in force immediately before the commencement of
subsection (1) applies to an offence against that Act committed before that
commencement as if subsection (1) had not been enacted.
7 The Mines Safety and Inspection Amendment Act 2004
s. 57, 65 and 77 read as follows:
57. Saving provision for existing safety and health
representatives
The amendments made by section 56 do not affect the continuation in
office of any safety and health representative who held office under Part 5
Division 1 of the Mines Safety and Inspection Act 1994
immediately before the commencement of that section.
65. Savings and transitional provisions for existing safety and health
committees
(1) The repeal of sections 65 and 66 of the Mines Safety and
Inspection Act 1994 (the MSI Act) by section 64 does
not affect the status of a safety and health committee that is in existence
under the MSI Act immediately before that repeal.
(2) Any such committee is to be taken, after the commencement of
section 64, to have been established under section 65 or 67A of the
MSI Act inserted by section 64, as the case may require.
(3) If before the commencement of section 64 —
(a) a request was made in respect of a mine under section 64(1) of
the MSI Act repealed by section 64; but
(b) a safety and health committee had not been established for the mine
under section 65 of the MSI Act so repealed,
the duty of the employer under section 65 of the MSI Act to
establish a safety and health committee for the mine lapses on that
commencement.
77. Transitional provision for directions given before
commencement
Sections 22, 23(1)(a)(iv), 30 and 31 of the Mines Safety and
Inspection Act 1994 continue to have effect for the purposes of a
direction under section 22 of that Act given before the commencement of
this Part as if sections 74, 75 and 76 had not been
enacted.
8 The Mines Safety and Inspection Amendment Act 2004
s. 83(2) and (3) read as follows:
(2) A matter referred to a safety and health magistrate under the Mines
Safety and Inspection Act 1994 and not finally determined before the
commencement of subsection (1) —
(a) may continue to be dealt with; and
(b) any order made in such a proceeding may be appealed against and
enforced,
as if subsection (1) had not been enacted.
(3) A determination or decision of a safety and health magistrate made
before the commencement of subsection (1) may be the subject
of —
(a) an application for leave to appeal; and
(b) an appeal for which leave is granted,
under section 54B(2) of the Occupational Safety and Health
Act 1984, as applied by the section repealed by subsection (1), as
if subsection (1) had not been enacted.
9 The Mines Safety and Inspection Amendment Act 2004
s. 85(2) reads as follows:
(2) An appeal brought under section 52 of the Mines Safety and
Inspection Act 1994 but not finally determined before the commencement
of subsection (1), may be dealt with and determined under that section as
if subsection (1) had not been enacted.
10 The Mines Safety and Inspection Amendment
Act 2004 s. 86(2) reads as follows:
(2) An appeal brought under section 86 of the Mines Safety and
Inspection Act 1994 but not finally determined before the commencement
of subsection (1), may be dealt with and determined under that section as
if subsection (1) had not been enacted.
11 On the date as at which this compilation was prepared, the
Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 33 had
not come into operation. It reads as follows:
Division
33 — Mines Safety and Inspection Act 1994
amended
This Division amends the Mines Safety and Inspection
Act 1994.
134. Section 4
amended
In section 4(1) in the definition of mining operations
paragraph (ea) delete “Road Traffic Act 1974; and”
and insert:
Road Traffic (Administration) Act 2008 section 4;
and
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
a
mine 53(4)
additional
employees 55C(1)
adit 4(1)
agent 15C(1)
allowed
period 62A(1)
alternate registered
manager 4(1)
apprentice 4(1)
assistant
inspector 4(1)
association 32(6), 32A(3)(a)
Australian
Standard 4(1)
Australian/New Zealand Standard 4(1)
authorised
person 102A(1)
Board of Examiners 4(1)
certificate of
competency 4(1)
client 15C(2)
commute schedule 4(1), 33(3)
competent
person 4(1)
conduct 102A(1)
consult 31BH(1)
consultation
party 62A(1)
consulting parties 55A(1)
contractor 15A(1), 55B(1),
68B(1)
convicted 101B
court 101B
decline 4(1)
department 4(1)
deputy 4(1)
development 4(1)
development
heading 4(1)
development
opening 4(1)
disentitled employee 74A(1)
district
inspector 4(1)
election 56(1)
Electoral
Commissioner 4(1)
employed 104(1a)
employee 3(2), 4(1), 20A, 102A(1),
104(1a), 104(4a)
employee’s inspector 4(1)
employer 3(2), 4(1), 20A,
104(1a)
entitlements 62(2)
exploration manager 4(1)
exploration
operations 4(1)
explosives 4(1)
foreman 4(1)
hazard 4(1)
hoist 4(1)
import 4(1)
improvement
notice 4(1)
incline 4(1)
inspector 4(1), 21(1)(i), 26(5)
manager 4(1),
99(2), 99A(1)
managerial officer 102A(1)
mine 4(1), 15F(1), 63(1),
67B(1)
mineral 4(1)
Mines Survey Board 4(1)
Mining Industry Advisory
Committee 4(1)
mining operations 4(1),
42(5)
offender 101C(1)(a)
officer 100A(1)
open cut 4(1)
open
pit 4(1)
other responsible person 31AR(1)
Part VIB 102(2)(c)
person
mentioned in
subsection (1)(a) 15B(1)(a)
plan 4(1)
plant 4(1)
practicable 4(1)
prescribed
requirements 62A(1)
principal 15A(1), 55B(1), 68B(1)
principal
employer 4(1)
prohibition notice 4(1)
provisional improvement
notice 4(1)
qualified representative 31BF
quarry 4(1)
quarry
manager 4(1)
quarry
operations 4(1)
radiation 4(1)
radioactive 4(1)
receiver 4(1)
record
book 4(1)
registered manager 4(1)
relevant day 4B(1)
relevant
employee 56(1), 59(5)
relevant offence 101B
relevant parties 67E(1)
relevant procedure 70(2)
relevant
provision 33A(1)
repealed Acts 4(1)
residential premises 15D(1)
review
notice 31BN(1)
reviewable
decision 102AA(1)
rise 4(1)
risk 4(1)
rock 4(1)
safety and health
committee 4(1)
safety and health magistrate 4(1)
safety and health
representative 4(1), 25(1a), 70(2), 72(2aa)
safety and health representative
for a mine 62A(2)
safety and health representative for the mine 62A(2),
77(3)
safety and health representative of that
mine 21(5a)
scheme 55B(2)
self-employed person 4(1)
senior
inspector 4(1)
shaft 4(1)
special inspector 4(1)
specified 6A(1),
101H(1), 104(3)
specified mine 101H(1)
State coal mining
engineer 4(1)
State mining engineer 4(1)
superior
officer 99A(1)
supervisor 4(1)
supply 4(1)
the mine 53(4)
to
mine 4(1)
trade
union 4(1)
Tribunal 4(1)
tunnel 4(1)
underground 4(1)
underground
manager 4(1)
underground superintendent 4(1)
visitor 102A(2)(a)
winding
engine 4(1)
winze 4(1)
worker 15B(1)(a), 15C(1)
workmen’s
inspector 4(1)
workplace 4(1), 6A(1)