Download Coal Mining Safety and Health Act 1999 PDF

TitleCoal Mining Safety and Health Act 1999
LanguageEnglish
File Size1.6 MB
Total Pages214
Table of Contents
                            Contents
	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
		Division 3 Objects of Act
			6 Objects of Act
			7 How objects are to be achieved
		Division 4 Interpretation
			8 Dictionary
			9 Meaning of coal mine
			10 Meaning of on-site activities
			11 Meaning of safety and health
			12 Meaning of competence
			13 Meaning of consultation
			14 Meaning of standard operating procedure
			15 Meaning of accident
			16 Meaning of serious accident
			17 Meaning of high potential incident
			18 Meaning of risk
			19 Meaning of hazard
			20 Meaning of principal hazard
			21 Meaning of coal mine operator
			22 Meaning of geographically separated
			23 Meaning of physical overlapping of coal mining operations
			24 When is a coal mine operator not in control
			25 Meaning of site senior executive
			26 Meaning of supervisor
			27 Meaning of industry safety and health representative
			28 Meaning of site safety and health representative
	Part 2 The control and management of risk and other basic concepts
		Division 1 Control and management of risk
			29 What is an acceptable level of risk
			30 How is an acceptable level of risk achieved
			31 What happens if the level of risk is unacceptable
		Division 2 Cooperation
			32 Cooperation to achieve objects of Act
	Part 3 Safety and health obligations
		Division 1 Preliminary
			33 Obligations for safety and health
			34 Discharge of obligations
			35 Person may owe obligations in more than 1 capacity
			36 Person not relieved of obligations
			37 How obligation can be discharged if regulation or recognised standard made
			38 How obligations can be discharged if no regulation or recognised standard made
		Division 2 Generally applicable safety and health obligations of persons
			39 Obligations of persons generally
		Division 3 Obligations of holders, coal mine operators, site senior executives and others
			40 Obligations of holders
			41 Obligations of coal mine operators
			42 Obligations of site senior executive for coal mine
			43 Obligations of contractors
			44 Obligations of designers, manufacturers, importers and suppliers of plant etc. for use at coal mines
			45 Obligations of erectors and installers of plant
			45A Obligations of designers, constructors and erectors of earthworks
			46 Obligations of manufacturers, importers and suppliers of substances for use at coal mines
			47 Obligation of provider of services at coal mines
		Division 4 Defences
			48 Defences for div 2 or 3
	Part 4 Provisions about the operation of coal mines
		Division 1 Notices about coal mines
			49 Notices by holder
			50 Notices by coal mine operator
			51 Notice of management structure
			52 Notice about exploration activities
			52A Notice about underground gasification activities
		Division 2 Management of coal mines
			53 Appointment of coal mine operator
			54 Appointment of site senior executive
			55 Management structure for safe operations at coal mines
			56 Competencies of supervisors
			57 Appointment of another site senior executive during temporary absence
			58 Other appointments during absences
			59 Additional requirements for management of surface mines
			60 Additional requirements for management of underground mines
			61 Appointment of ventilation officer
		Division 3 Safety and health management systems
			62 Safety and health management system
			62A Additional requirement for coal mining operation for incidental coal seam gas
			63 Principal hazard management plan
			64 Review of principal hazard management plans and standard operating procedures
		Division 3A Joint interaction management plans for overlapping resource authorities
			64C Application of div 3A
			64D Definitions for div 3A
			64E Requirement for joint interaction management plan
			64F Content of joint interaction management plan
			64G Notification of making of joint interaction management plan
			64H Review
			64I Availability of joint interaction management plan
		Division 4 Records and reporting
			65 Changes in management structure to be reported to an inspector
			66 Management structure to be recorded in the mine record
			67 Plans of coal mine workings
			68 Mine record
			69 Display of reports and directives
			69A Training and assessment record check
		Division 5 Protection of abandoned coal mines
			70 Responsibility for protecting abandoned coal mines
	Part 5 Recognised standards
		71 Purpose of recognised standards
		72 Recognised standards
		73 Use of recognised standards in proceedings
	Part 5A Commissioner for Mine Safety and Health
		Division 1 Establishment and appointment of commissioner
			73A Appointment of commissioner
			73B Qualifications for appointment
			73BA Acting commissioner
			73C Commissioner’s functions
			73D Commissioner’s powers
		Division 2 Report by commissioner
			73E Annual report
	Part 6 Industry consultative arrangements
		Division 1 Purposes of part
			74 Purposes of pt 6
		Division 2 Coal mining safety and health advisory committee and its functions
			75 Coal mining safety and health advisory committee
			76 Functions of committee
			77 Annual report
		Division 3 Membership and conduct of committee proceedings
			78 Membership of committee
			79 Organisations to submit names to Minister
			80 Appointment of members
			81 Duration of appointment
			82 Conditions of appointment
			83 Member ceasing as member
			83A Substitute members
			84 Times and places of committee meetings
			85 Presiding at meetings of the committee
			86 Quorum and voting at meetings of the committee
			87 Recommendation to Minister if vote not unanimous
			88 Taking part in meetings by telephone etc.
			89 Resolutions without meetings
			90 Minutes by the committee
			91 Subcommittees
	Part 7 Site safety and health representatives
		Division 1 Purposes of part
			92 Purposes of pt 7
		Division 2 Site safety and health representatives
			93 Election of site safety and health representatives
			94 Further election if site safety and health representative not available
			95 Person must be qualified to act as site safety and health representative
			96 Ceasing to be a site safety and health representative
			97 Removal from office by Minister
			98 Election after removal from office
			99 Functions of site safety and health representatives
			100 Powers of site safety and health representative
			101 Stopping of operations by site safety and health representatives
			102 Effect of report
			103 Site senior executive not to restart operations until risk at an acceptable level
			104 Site safety and health representative not to unnecessarily impede production
			105 Protection of site safety and health representatives performing functions
			106 Site senior executive to tell site safety and health representatives about certain things
			107 Site senior executive to display identity of site safety and health representatives
	Part 8 Industry safety and health representatives
		Division 1 Purposes of part
			108 Purposes of pt 8
		Division 2 Industry safety and health representatives
			109 Appointment of industry safety and health representatives
			110 Industry safety and health representative to work full-time
			111 Funding of industry safety and health representative
			112 Termination of appointment
			113 Appointment after termination
			114 Filling of temporary vacancy
			115 Vacancy generally
			116 Persons not to pretend to be industry safety and health representatives if not appointed
			117 Industry safety and health representative restricted to safety and health purposes
			118 Functions of industry safety and health representatives
			119 Powers of industry safety and health representatives
			120 Industry safety and health representative not to unnecessarily impede production
			121 Inadequate or ineffective safety and health management systems
			122 Identity cards
			123 Failure to return identity card
			124 Production or display of identity card
	Part 9 Inspectors and other officers and directives
		Division 1 Inspectors and inspection officers
			125 Appointments
			126 Qualifications for appointment as inspector
			127 Qualifications for appointment as inspection officer
			127A Appointment conditions and limit on powers
			128 Functions of inspectors and inspection officers
			129 Further functions of inspectors
		Division 2 Authorised officers
			129A Appointments
			129B Qualifications for appointment as authorised officer
			129C Appointment conditions and limit on functions and powers
			129D Functions of authorised officers
			129E Information about functions and powers
		Division 3 Identity cards for inspectors, inspection officers and authorised officers
			130 Identity cards
			131 Failure to return identity card
			132 Production or display of identity card
		Division 4 Powers of inspectors, inspection officers and authorised officers
			Subdivision 1 Preliminary
				132A Definition for div 4
			Subdivision 2 Power to enter places
				133 Entry to places
			Subdivision 3 Procedure for entry
				134 Consent to entry
				135 Application for warrant
				136 Issue of warrant
				137 Special warrants
				138 Warrants—procedure before entry
			Subdivision 4 General powers
				139 General powers after entering coal mine or other places
				140 Failure to help officer
				141 Failure to answer questions
				142 Site senior executive must help officer
			Subdivision 5 Power to seize evidence
				143 Seizing evidence at coal mine or other place
				144 Securing things after seizure
				145 Tampering with things subject to seizure
				146 Powers to support seizure
				147 Receipts to be given on seizure
				148 Forfeiture
				149 Return of seized things
				150 Access to things that have been seized
			Subdivision 6 Power to stop and secure plant and equipment
				151 Officer may stop and secure plant and equipment
			Subdivision 7 Power to obtain information
				152 Power to require name and address
				153 Failure to give name or address
				154 Power to require production of documents
				155 Failure to produce document
				156 Failure to certify copy of document
				157 Power to require attendance of persons before an officer to answer questions
				158 Failure to comply with requirement about attendance
				159 Use of particular evidence in proceedings
			Subdivision 8 Additional powers of chief inspector
				160 Additional powers of chief inspector
		Division 5 Directives by inspectors, inspection officers and industry safety and health representatives
			Subdivision 1 Power to give and way of giving directives
				161 Directive may be given
				162 How directive is given
				163 How directive is given for ss 166, 167 and 170
			Subdivision 2 Matters for which directives may be given
				164 Directive to ensure coal mine worker competent
				165 Directive to carry out test
				166 Directive to reduce risk
				167 Directive to suspend operations for unacceptable level of risk
				168 Directive to review safety and health management system and principal hazard management plans
				169 Directive to suspend operations for ineffective safety and health management system
				170 Directive to isolate site
				171 Directive about separate part of the mine
				172 Directive to provide independent engineering study
			Subdivision 3 Recording of directives and other matters
				173 Records must be kept
				174 Directives
			Subdivision 4 Review of directives
				175 Application for review
				176 Procedure for review
				177 Review of directive
				178 Stay of operation of directive
		Division 6 General enforcement offences
			179 False or misleading statements
			180 False or misleading documents
			181 Obstructing inspectors, officers or industry safety and health representatives
	Part 10 Board of examiners
		Division 1 Purposes of part
			182 Purposes of pt 10
		Division 2 Board of examiners and its functions
			183 Inspector for pt 10
			184 Board of examiners
			185 Functions of board of examiners
			186 Membership and conduct of board proceedings
			187 Board of examiners to appoint secretary
			188 Appointment of board of examiners
			189 Quorum and voting at meetings of the board
			190 Presiding at meetings of the board of examiners
			191 Conditions of appointment
			192 Proceedings of the board of examiners
			193 Subcommittees
		Division 3 General
			194 Examiners to be qualified
			195 Obtaining certificates of competency by fraud
			196 Return of certificate of competency
			197 Annual report
	Part 11 Accidents and incidents
		Division 1 Notification, information and inspections
			198 Notice of accidents, incidents, deaths or diseases
			198A Requirement to give primary information
			199 Place of accident must be inspected
		Division 2 Site of accident or incident
			200 Site not to be interfered with without permission
			201 Action to be taken in relation to site of accident or incident
	Part 12 Boards of inquiry
		Division 1 General
			202 Minister may establish boards of inquiry
			203 Role of board of inquiry
			204 Conditions of appointment
			205 Chief executive to arrange for services of staff and financial matters for board of inquiry
		Division 2 Conduct of inquiry
			206 Procedure
			207 Notice of inquiry
			208 Inquiry to be held in public except in special circumstances
			209 Protection of members, legal representatives and witnesses
			210 Record of proceedings to be kept
			211 Representation
			212 Board’s powers on inquiry
			213 Notice to witness
			214 Inspection of documents or things
			215 Inquiry may continue despite court proceedings unless otherwise ordered
			216 Offences by witnesses
			217 Contempt of board
			218 Change of membership of board
	Part 13 Mines rescue
		Division 1 Preliminary
			219 Purposes of pt 13
			220 Definitions for pt 13
			221 Meaning of mines rescue capability
			222 Meaning of mines rescue agreement
		Division 2 Obligations of coal mine operators and users
			Subdivision 1 All coal mine operators
				223 Coal mine operator must be a party to a mines rescue agreement
				224 Coal mine operator must contribute
			Subdivision 2 Further obligation of coal mine operators of underground mines
				225 Provision of a mines rescue capability
			Subdivision 3 Mine users
				226 Mine not to be used if ss 223–225 contravened
		Division 3 Accredited corporations
			Subdivision 1 Accreditation
				227 Accreditation
				228 Accreditation conditions
				229 Refusal to accredit
				230 Amending, suspending or cancelling accreditations—grounds
				231 Amending, suspending or cancelling accreditations—procedure
			Subdivision 2 Functions and performance
				232 Functions
				233 Performance criteria
				234 Reporting to Minister
			Subdivision 3 Miscellaneous
				235 Accredited corporation must keep records
	Part 14 Appeals
		Division 1 Appeals against particular decisions of Minister or board of examiners
			236 Appeals against Minister’s decisions
			237 Appeals against board of examiners’ decision
			238 How to start appeal
			239 Stay of operation of decisions
			240 Hearing procedures
			241 Powers of court on appeal
			242 Appeal to District Court on questions of law only
		Division 2 Appeals against chief inspector’s directives and particular decisions
			243 Who may appeal
			244 How to start appeal
			245 Stay of operation of directive or review decision
			246 Hearing procedures
			247 Assessors
			248 Powers of court on appeal
	Part 15 Legal proceedings
		Division 1 Evidence
			249 Application of div 1
			250 Proof of appointments and authority unnecessary
			251 Proof of signatures unnecessary
			252 Evidentiary aids
			253 Expert reports
			254 Analyst’s certificate or report
		Division 2 Proceedings
			255 Proceedings for offences
			256 Recommendation to prosecute
			257 Limitation on time for starting proceedings
			258 Court may order suspension or cancellation of certificate
			259 Forfeiture on conviction
			260 Dealing with forfeited things
			261 Responsibility for acts or omissions of representatives
			262 Executive officers must ensure corporation complies with Act
			263 Representation
			264 Costs of investigation
			265 Recovery of fees
		Division 3 Evidentiary provisions
			266 Service of documents
			267 How document to be given to coal mine operator
	Part 15A Injunctions
		267A Applying for injunction
		267B Grounds for injunction
		267C Court’s powers for injunction
		267D Terms of injunction
	Part 16 Offences
		268 Person not to encourage refusal to answer questions
		269 Impersonating inspectors, officers or representatives
		270 Protection for officers
	Part 17 General
		Division 1 General safety matters
			271 Contraband must not be taken into an underground mine
			272 Children under 16 not to be employed underground
			272A Children under 16 not to operate or maintain plant
			273 Withdrawal of persons in case of danger
			274 Where coal mine worker exposed to immediate personal danger
			275 Representations about safety and health matters
			275AA  Protection from reprisal
			275AB  Damages entitlement for reprisal
		Division 2 Miscellaneous
			275AC  Public statements
			275A Disclosure of information
			276 Protection from liability
	Part 18 Administration
		277 Delegations
		278 Delegation of chief inspector’s powers
		279 Notices about coal industry statistics or information
		280 Chief executive to keep records
		281 Approved forms
	Part 19 Regulations
		282 Regulation-making power
	Part 20 Transitional provisions and repeals
		Division 1 Transitional and repeal provisions for Act No. 39 of 1999
			Subdivision 1 Definitions
				283 Definitions for div 1
			Subdivision 2 Transitional matters
				284 Existing notices
				285 Existing certificates of competency
				286 Approvals by inspector
				287 Board of examiners
				288 Mines rescue performance criteria
				288A Existing accreditation
				289 Existing chief inspector to be chief inspector
				290 Existing inspector to be inspector
				291 Existing inspection officer to be inspection officer
				292 Existing district union inspectors
				293 Existing miners’ officer to be site safety and health representative
				294 Mine record book taken to be mine record
				295 Notices about coal industry statistics or information
				296 Coal Industry Employees’ Health Scheme
				297 Warden may finish inquiry into accident
			Subdivision 3 Repeals
				298 Repeals
		Division 2 Transitional provisions for Mines and Energy Legislation Amendment Act 2010
			299 Definitions for div 2
			300 References to coal mining safety and health advisory council
			301 Continuation of coal mining safety and health advisory council and appointment of members
		Division 3 Transitional provision for Mines and Energy Legislation Amendment Act 2011
			302 Application of appeal costs provision to undecided appeals
		Division 4 Transitional and validation provisions for Water Reform and Other Legislation Amendment Act 2014
			303 Application of joint interaction management plan provisions
			304 Return of seized things
	Schedule 2 Subject matter for regulations
	Schedule 3 Dictionary
                        
Document Text Contents
Page 1

C:\FM11Servers_Structured\reprint\R16_1571\Working\Withoutinlian\R16_1571_TOC.fm


Queensland

Coal Mining Safety and Health
Act 1999

Current as at 27 September 2016

Page 2

C:\FM11Servers_Structured\reprint\R16_1571\Working\Withoutinlian\R16_1571_TOC.fm

Page 107

C:\FM11Servers_Structured\reprint\R16_1571\Working\Withoutinlian\R16_1571_TOC.fm


[s 153]

Coal Mining Safety and Health Act 1999
Part 9 Inspectors and other officers and directives
(4) The officer may require the person to give the officer evidence
of the correctness of the stated name or residential address if
the officer reasonably suspects the stated name or address to
be false.

(5) A requirement under subsection (2) or (4) is a personal
details requirement.

153 Failure to give name or address

(1) A person of whom a personal details requirement is made
must comply with the requirement, unless the person has a
reasonable excuse.

Maximum penalty—40 penalty units.

(2) A person does not commit an offence against subsection (1)
if—

(a) the person was required to state the person’s name and
residential address by an officer who suspected the
person had committed an offence against this Act; and

(b) the person is not proved to have committed the offence.

154 Power to require production of documents

(1) An officer may require a person who has a safety and health
obligation under this Act to make available, or produce, for
inspection by the officer at a reasonable time and place
nominated by the officer, a document to which the person has
access that relates or is related to the person’s obligations
under this Act.

(2) The officer may keep the document to copy it.

(3) If the officer copies the document, or an entry in the
document, the officer may require the person responsible for
keeping the document to certify the copy as a true copy of the
document or entry.

(4) The officer must return the document to the person as soon as
practicable after copying it.
Current as at 27 September 2016 Page 105

Authorised by the Parliamentary Counsel

Page 108

C:\FM11Servers_Structured\reprint\R16_1571\Working\Withoutinlian\R16_1571_TOC.fm


[s 155]

Coal Mining Safety and Health Act 1999
Part 9 Inspectors and other officers and directives
(5) However, if a requirement (document certification
requirement) is made of a person under subsection (3), the
officer may keep the document until the person complies with
the requirement.

(6) Also, the officer may keep the document if the officer believes
it is required for the investigation of a serious accident or high
potential incident.

(6A) If an officer keeps a document under subsection (6), the
officer must give a copy of the document to the person
responsible for keeping the document.

(7) A requirement under subsection (1) is a document production
requirement.

(8) When making a document production requirement or
document certification requirement, an officer must warn the
person of whom the requirement is made that it is an offence
to fail to comply with the requirement unless the person has a
reasonable excuse.

155 Failure to produce document

(1) A person of whom a document production requirement is
made must comply with the requirement, unless the person
has a reasonable excuse.

Maximum penalty—200 penalty units.

(2) It is not a reasonable excuse to fail to produce the document
that producing the document might incriminate the person or
make the person liable to a penalty.

156 Failure to certify copy of document

A person of whom a document certification requirement is
made must comply with the requirement, unless the person
has a reasonable excuse.

Maximum penalty—100 penalty units.
Page 106 Current as at 27 September 2016

Authorised by the Parliamentary Counsel

Page 213

C:\FM11Servers_Structured\reprint\R16_1571\Working\Withoutinlian\R16_1571_TOC.fm


Endnotes

Coal Mining Safety and Health Act 1999
s 301 ins 2010 No. 17 s 33

Division 3—Transitional provision for Mines and Energy Legislation Amendment
Act 2011

div hdg prev div 3 hdg om 2010 No. 17 s 32
pres div 3 hdg ins 2011 No. 2 s 28

Application of appeal costs provision to undecided appeals
s 302 ins 2011 No. 2 s 28

Division 4—Transitional and validation provisions for Water Reform and Other
Legislation Amendment Act 2014

div hdg ins 2014 No. 64 s 210

Application of joint interaction management plan provisions
s 303 ins 2014 No. 64 s 210

Return of seized things
s 304 ins 2014 No. 64 s 210

SCHEDULE 2—SUBJECT MATTER FOR REGULATIONS
amd 2004 No. 25 s 944 (amd 2004 No. 26 s 256); 2005 No. 3 s 105 sch; 2007 No. 36

s 2 sch; 2007 No. 46 s 42 (amdt could not be given effect); 2010 No. 17 s 17 sch;
2014 No. 64 s 211

SCHEDULE 3—DICTIONARY
def arbitration ins 2014 No. 64 s 212
def authorised activities operating plant ins 2014 No. 64 s 212
def authorised officer ins 2007 No. 46 s 43
def board of examiners amd 2011 No. 2 s 29
def chief executive ins 2002 No. 25 s 16
def coal mining operations amd 2004 No. 25 s 945(3); 2005 No. 3 s 105 sch
def commissioner ins 2009 No. 16 s 13
def committee ins 2010 No. 17 s 34(2)
def Common Provisions Act ins 2014 No. 64 s 212
def council om 2010 No. 17 s 34(1)
def document certification requirement ins 2003 No. 19 s 3 sch
def document production requirement ins 2003 No. 19 s 3 sch
def FMA ins 2014 No. 64 s 212
def IMA ins 2014 No. 64 s 212
def incidental coal seam gas ins 2004 No. 25 s 945(2)
def industrial organisation sub 2003 No. 19 s 3 sch
def industry safety and health representative amd 2003 No. 19 s 3 sch
def joint interaction management plan ins 2014 No. 64 s 212
def mineral (f) ins 2008 No. 33 s 48
def officer ins 2007 No. 46 s 43
def official ins 2009 No. 16 s 13
amd 2010 No. 17 s 34(3)
def operating plant ins 2014 No. 64 s 212
def operator ins 2014 No. 64 s 212
def other mining legislation ins 2009 No. 16 s 13
Current as at 27 September 2016 Page 211

Page 214

C:\FM11Servers_Structured\reprint\R16_1571\Working\Withoutinlian\R16_1571_TOC.fm


Endnotes

Coal Mining Safety and Health Act 1999
def overlapping area ins 2014 No. 64 s 212
def personal details requirement ins 2003 No. 19 s 3 sch
def place of seizure ins 2003 No. 19 s 3 sch
def region ins 2002 No. 25 s 16
def reprisal ins 2009 No. 16 s 13
def review decision ins 2003 No. 19 s 3 sch
def RMA ins 2014 No. 64 s 212
def safety and health management system ins 2014 No. 64 s 212
def safety and health management system (2nd occurring) sub 2004 No. 25 s

945(1)–(2)
def site safety and health representative amd 2003 No. 19 s 3 sch
def SOZ ins 2014 No. 64 s 212
def substitute member ins 2007 No. 46 s 43
def surface mine amd 2004 No. 25 s 945(4); 2005 No. 3 s 105 sch
def underground gasification activity ins 2008 No. 33 s 48
def underground mine amd 2004 No. 25 s 945(5); 2005 No. 3 s 105 sch

© State of Queensland 2016
Page 212 Current as at 27 September 2016

Similer Documents