Download Coal Mining Safety and Health Act 1999 PDF

TitleCoal Mining Safety and Health Act 1999
LanguageEnglish
File Size922.3 KB
Total Pages196
Table of Contents
                            Queensland
Contents
Part 1 Preliminary
	1 Short title
	2 Commencement
	3 Act binds all persons
	4 What does this Act apply to
	5 Who does this Act apply to
	6 Objects of Act
	7 How objects are to be achieved
	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
	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
	32 Cooperation to achieve objects of Act
Part 3 Safety and health obligations
	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
	39 Obligations of persons generally
	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
	46 Obligations of manufacturers, importers and suppliers of substances for use at coal mines
	47 Obligation of provider of services at coal mines
	48 Defences for div 2 or 3
Part 4 Provisions about the operation of 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
	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
	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
	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
	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
	73A Appointment of commissioner
	73B Qualifications for appointment
	73BA Acting commissioner
	73C Commissioner’s functions
	73D Commissioner’s powers
	73E Annual report
Part 6 Industry consultative arrangements
	74 Purposes of pt 6
	75 Coal mining safety and health advisory committee
	76 Functions of committee
	77 Annual report
	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
	92 Purposes of pt 7
	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
	108 Purposes of pt 8
	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
	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
	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
	130 Identity cards
	131 Failure to return identity card
	132 Production or display of identity card
	132A Definition for div 4
	133 Entry to places
	134 Consent to entry
	135 Application for warrant
	136 Issue of warrant
	137 Special warrants
	138 Warrants-procedure before entry
	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
	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 things that have been seized
	150 Access to things that have been seized
	151 Officer may stop and secure plant and equipment
	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 Person must answer question about serious accident or high potential incident
	160 Additional powers of chief inspector
	161 Directive may be given
	162 How directive is given
	163 How directive is given for ss 166, 167 and 170
	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
	173 Records must be kept
	174 Directives
	175 Application for review
	176 Procedure for review
	177 Review of directive
	178 Stay of operation of directive
	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
	182 Purposes of pt 10
	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
	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
	198 Notice of accidents, incidents, deaths or diseases
	198A Requirement to give primary information
	199 Place of accident must be inspected
	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
	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
	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
	219 Purposes of pt 13
	220 Definitions for pt 13
	221 Meaning of mines rescue capability
	222 Meaning of mines rescue agreement
	223 Coal mine operator must be a party to a mines rescue agreement
	224 Coal mine operator must contribute
	225 Provision of a mines rescue capability
	226 Mine not to be used if ss 223-225 contravened
	227 Accreditation
	228 Accreditation conditions
	229 Refusal to accredit
	230 Amending, suspending or cancelling accreditations-grounds
	231 Amending, suspending or cancelling accreditations-procedure
	232 Functions
	233 Performance criteria
	234 Reporting to Minister
	235 Accredited corporation must keep records
Part 14 Appeals
	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
	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
	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
	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
	266 Service of documents
	267 How document to be given to coal mine operator
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
	271 Contraband must not be taken into an underground mine
	272 Children under 16 not to be employed underground
	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
	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
	283 Definitions for div 1
	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
	298 Repeals
	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
Subject matter for regulations
Dictionary
1 Index to endnotes
2 Date to which amendments incorporated
3 Key
4 Table of reprints
5 List of legislation
6 List of annotations
                        
Document Text Contents
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Queensland

Coal Mining Safety and Health
Act 1999

Reprinted as in force on 21 April 2010

Reprint No. 3D

This reprint is prepared by
the Office of the Queensland Parliamentary Counsel

Warning—This reprint is not an authorised copy

Page 2

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Information about this reprint
This Act is reprinted as at 21 April 2010. The reprint—
• shows the law as amended by all amendments that commenced on or before that day

(Reprints Act 1992 s 5(c))
• incorporates all necessary consequential amendments, whether of punctuation,

numbering or another kind (Reprints Act 1992 s 5(d)).

The reprint includes a reference to the law by which each amendment was made—see list
of legislation and list of annotations in endnotes. Also see list of legislation for any
uncommenced amendments.

This page is specific to this reprint. See previous reprints for information about earlier
changes made under the Reprints Act 1992. A table of reprints is included in the endnotes.

Also see endnotes for information about—
• when provisions commenced
• editorial changes made in earlier reprints.

Spelling

The spelling of certain words or phrases may be inconsistent in this reprint or with other
reprints because of changes made in various editions of the Macquarie Dictionary (for
example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling
will be updated in the next authorised reprint.

Dates shown on reprints

Reprints dated at last amendment All reprints produced on or after 1 July 2002,
authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last
date of amendment. Previously reprints were dated as at the date of publication. If an
authorised reprint is dated earlier than an unauthorised version published before 1 July
2002, it means the legislation was not further amended and the reprint date is the
commencement of the last amendment.

If the date of an authorised reprint is the same as the date shown for an unauthorised
version previously published, it merely means that the unauthorised version was published
before the authorised version. Also, any revised edition of the previously published
unauthorised version will have the same date as that version.

Replacement reprint date If the date of an authorised reprint is the same as the date
shown on another authorised reprint it means that one is the replacement of the other.

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[s 153]

Coal Mining Safety and Health Act 1999
Part 9 Inspectors and other officers and directives



(a) an officer finds a person committing an offence against

this Act; or

(b) an officer finds a person in circumstances that lead, or
has information that leads, the officer reasonably to
suspect the person has just committed an offence against
this Act.

(2) The officer may require the person to state the person’s name
and residential address.

(3) When making the requirement, the officer must warn the
person it is an offence to fail to state the person’s name or
residential address, unless the person has a reasonable excuse.

(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
Page 96 Reprint 3D effective 21 April 2010

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[s 155]

Coal Mining Safety and Health Act 1999
Part 9 Inspectors and other officers and directives
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.

(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.

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.

(3) If the requirement is made in relation to an investigation of a
serious accident or high potential incident and the document is
the personal property of an individual to whom the
Reprint 3D effective 21 April 2010 Page 97

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Endnotes

Coal Mining Safety and Health Act 1999
Division 2—Transitional provisions for Mines and Energy Legislation Amendment
Act 2010

div hdg prev div 2 hdg om 2010 No. 17 s 31
pres div 2 hdg ins 2010 No. 17 s 33

Definitions for div 2
s 299 ins 2010 No. 17 s 33

References to coal mining safety and health advisory council
s 300 ins 2010 No. 17 s 33

Continuation of coal mining safety and health advisory council and appointment of
members

s 301 ins 2010 No. 17 s 33

Division 3—Repeals
div hdg om 2010 No. 17 s 32

Division 4—Consequential amendments
om R1 (see RA ss 7(1)(k) and 40)

SCHEDULE 1—CONSEQUENTIAL AMENDMENTS
om R1 (see RA s 40)

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

SCHEDULE 3—DICTIONARY
def “authorised officer” ins 2007 No. 46 s 43
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 “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 “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 “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 “other mining legislation” ins 2009 No. 16 s 13
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
Reprint 3D effective 21 April 2010 Page 193

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Endnotes

Coal Mining Safety and Health Act 1999
def “safety and health management system” sub 2004 No. 25 s 945(1)–(2)
def “site safety and health representative” amd 2003 No. 19 s 3 sch
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 2010
Page 194 Reprint 3D effective 21 April 2010

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