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New South Wales
Coal Mine Health and Safety
Amendment Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Coal Mine Health and Safety Act 2002
No 129 3
Schedule 2 Amendment of Mining Act 1992 No 29 14
Schedule 3 Amendment of other Acts and instruments 17
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2010
New South Wales
Coal Mine Health and Safety
Amendment Bill 2010
Act No , 2010
An Act to amend the Coal Mine Health and Safety Act 2002 in relation to the
application of that Act and other matters; to amend the Mining Act 1992 to provide
for the registration of mines rather than colliery holdings; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Coal Mine Health and Safety Amendment Bill 2010
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Coal Mine Health and Safety Amendment Act 2010.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Page 2
Coal Mine Health and Safety Amendment Bill 2010
Amendment of Coal Mine Health and Safety Act 2002 No 129 Schedule 1
Schedule 1 Amendment of Coal Mine Health and
Safety Act 2002 No 129
[1] Section 3 Definitions
Omit the definition of abandoned coal operation. Insert instead:
abandoned mine includes a discontinued mine, a closed mine
(other than a suspended mine) and a former mine.
[2] Section 3
Insert in alphabetical order:
coal exploration means the carrying out of works on, or the
removal of samples from, land for the purpose of testing the coal-
bearing qualities of the land, but does not include any activity or
class of activity that is excluded from this definition by the
regulations.
emplacement area means:
(a) any pile, heap, hole, excavation or place in which, or on
which, reject (whether in a solid state or in a solution or
suspension) is piled, heaped, dumped, accumulated,
deposited or placed, and
(b) any wall or other structure that retains or confines reject,
whether or not that wall or structure is itself composed of
reject,
but does not include an accumulation or deposit of reject situated
underground.
land includes land covered by water.
reject means any carbonaceous material, whether it is mixed with
or attached to stone or not, that is left after the treatment of coal
in a coal preparation plant or that is not dealt with as coal by the
occupier of a mine.
[3] Section 3, definition of "coal exploration site"
Omit the definition. Insert instead:
coal exploration site means a place where coal exploration is
carried out and includes a place that is being rehabilitated after
coal exploration has been carried out.
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Coal Mine Health and Safety Amendment Bill 2010
Schedule 1 Amendment of Coal Mine Health and Safety Act 2002 No 129
[4] Section 3, definition of "coal operation"
Omit the definition. Insert instead:
coal operation:
(a) means a place at which coal is mined that is a place of work
to which this Act applies, and
(b) includes any other places of work to which this Act applies
that are prescribed by the regulations for the purposes of
this definition.
[5] Section 3, definition of "colliery holder"
Omit the definition. Insert instead:
colliery holder means:
(a) in relation to land subject to an authority for coal granted
under the Mining Act 1992--the person who holds the
authority, or
(b) in relation to land subject to a licence for coal granted
under the Offshore Minerals Act 1999--the person who
holds the licence, or
(c) in relation to any other land--the person having the
beneficial ownership of the mine.
[6] Section 3, definition of "colliery holding"
Omit the definition. Insert instead:
colliery holding has the same meaning as it has in the Mining
Act 1992.
[7] Section 3, definition of "Department"
Omit the definition. Insert instead:
Department means the Department of Industry and Investment.
[8] Section 3, definition of "mine"
Omit the definition. Insert instead:
mine--see section 3A.
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Coal Mine Health and Safety Amendment Bill 2010
Amendment of Coal Mine Health and Safety Act 2002 No 129 Schedule 1
[9] Section 3A
Insert after section 3:
3A Meaning of "mine"
(1) In this Act:
mine:
(a) when used as a noun, means any of the following:
(i) any place where the extraction of material from land
for the purpose of recovering coal is carried out,
(ii) any coal preparation plant at or near the place from
which the material or coal was extracted,
(iii) any place where the storage or treatment of waste
resulting from:
(A) the extraction of material from land for the
purpose of recovering coal, or
(B) the treatment of the coal or the material
referred to in sub-subparagraph (A) for the
purpose of recovering or improving coal,
is carried out, if that place is at or near the place
from which the material or coal was extracted,
(iv) any place where coal exploration is carried out,
(v) any place where offshore mining activities (within
the meaning of the Offshore Minerals Act 1999) for
coal are carried out,
(vi) any place where operations associated with the care,
security or maintenance of a place referred to in this
definition are carried out during any time when
activities or operations at that place are suspended,
(vii) any place where operations associated with the
decommissioning or abandonment of a place
referred to in this definition are carried out,
(viii) any place where an activity or operation referred to
in this definition is or has been carried out and that
is being rehabilitated, and
(b) when used as a verb, means disturb, remove, cart, carry,
crush or otherwise deal with coal or stone for the purpose
of obtaining coal for profit or improving coal, or carry out
such other activities as may be prescribed by the
regulations, but does not include:
(i) to explore for coal by drilling from the surface, or
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Coal Mine Health and Safety Amendment Bill 2010
Schedule 1 Amendment of Coal Mine Health and Safety Act 2002 No 129
(ii) to blend coal where this is done elsewhere than at a
mine.
(2) For the purposes of this section, any building, structure, pit, shaft,
drive, level, incline, decline, excavation or work that is at a place
referred to in the definition of mine in subsection (1), and that is
in the course of construction and intended to be part of a mine, is
taken to be part of the mine constituted by that place.
(3) For the purposes of this section, the extraction of material from
land for the purpose of recovering coal includes the following:
(a) any activity that is ancillary to, or connected with,
extracting material for such a purpose, including, but not
limited to:
(i) storage of fuel, explosives, explosive precursors,
machinery, timber or plant, and
(ii) construction, maintenance and use of any drill hole
or shaft for:
(A) the drainage of gas, or
(B) the drainage or conveyance of water, or
(C) ventilation, or
(D) the conveyance of electricity, or
(E) communications, or
(F) emergency access to underground workings,
and
(iii) the storage, treatment and transport of water
(including the management of runoff from areas
disturbed by activities directly connected with
mining),
(b) the transportation, stockpiling or depositing of
overburden, coal or waste material,
(c) such other activities as may be prescribed by the
regulations,
but does not include any activity or class of activity that is
excluded from the operation of this subsection by the regulations.
(4) For the purposes of this section (but subject to the regulations), a
place (the relevant place) is taken to be near a place if:
(a) the relevant place is operating on an ongoing basis, and
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Coal Mine Health and Safety Amendment Bill 2010
Amendment of Coal Mine Health and Safety Act 2002 No 129 Schedule 1
(b) the relevant place (or any part of it) is within 10 kilometres
of the nearest boundary of the place, and
(c) the relevant place is under the same or related management
as the place.
[10] Section 4 Certain things are part of a coal operation
Omit the section.
[11] Part 2
Omit the Part. Insert instead:
Part 2 Application of Act
8 Application of Act
(1) This Act applies to all places of work that are mines.
(2) This Act also applies to any of the following places, whether or
not it is a place of work:
(a) an abandoned mine (other than an abandoned mine used
for the storage, treatment or disposal of waste that is not
connected with an activity or operation referred to in
paragraph (a) (i)-(v) of the definition of mine in
section 3A (1)),
(b) any place that would otherwise be a mine if relevant
activities or operations are carried out, during any time
when those activities or operations at that place are
suspended,
(c) any place at which drilling operations (within the meaning
of section 78) are carried out,
(d) any land (that is not otherwise a mine within the meaning
of section 3A) on which activities or uses take place that
are the subject of, or required to be the subject of, a permit
issued under Division 4 of Part 6,
(e) any emplacement area.
8A Act does not apply to certain mines or places
(1) This Act does not apply to:
(a) any mine or place that is of a class prescribed by the
regulations or in circumstances or during time periods
prescribed by the regulations, or
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Coal Mine Health and Safety Amendment Bill 2010
Schedule 1 Amendment of Coal Mine Health and Safety Act 2002 No 129
(b) any specified mine or place, specified by the Minister in a
notice published in the Gazette.
(2) The Minister is to notify any other Minister administering the
Occupational Health and Safety Act 2000 if any notice under
subsection (1) (b) is published in the Gazette. However, failure to
notify any such other Minister does not affect the validity of the
notice.
8B Decisions on jurisdictional questions
(1) The Minister may make a determination as to whether a
particular place is or is not a place to which this Act applies. The
determination may be of general application or be limited as to
time or circumstances.
(2) The Minister's determination is conclusive for the purposes of
deciding a jurisdictional question (including a jurisdictional
question arising in court proceedings).
(3) A jurisdictional question is a question as to whether functions of
a government official under this Act or of an inspector under the
Occupational Health and Safety Act 2000 were or can be validly
exercised or a question as to whether proceedings for an offence
under this Act or the Occupational Health and Safety Act 2000
were or can be validly instituted.
(4) A determination under this section applies in respect of functions
exercised or purportedly exercised before or after the
determination was made but not so as to affect court proceedings
commenced before the determination was made.
(5) A determination under this section does not operate to result in a
person committing an offence that the person would not have
committed had the determination not been made.
(6) A certificate of the Minister certifying as to a determination made
by the Minister under this section is evidence of the Minister's
determination and the date of the determination.
(7) The Minister is to notify any other Minister administering the
Occupational Health and Safety Act 2000 of any determination
made by the Minister under this section (but a failure to notify the
other Minister does not affect the validity of the determination).
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Coal Mine Health and Safety Amendment Bill 2010
Amendment of Coal Mine Health and Safety Act 2002 No 129 Schedule 1
8C Act does not apply to railway operations or roads
(1) This Act does not apply to a railway or railway operations to
which the Rail Safety Act 2008 applies.
(2) This Act does not apply to public roads (within the meaning of
the Roads Act 1993).
8D Act does not apply to civil engineering works
(1) Subject to the regulations and any notice given by the Minister
under section 8A (1) (b), this Act does not apply to:
(a) any place where the extraction of coal is carried out, if
those activities are an integral part of any civil engineering
work, or
(b) any place where underground work involving the
extraction or treatment of coal is carried out, where that
work is an integral part of any civil engineering work.
(2) In this section:
civil engineering work means the construction, structural
alteration, repair, maintenance and demolition of, for example,
airports, docks, harbours, inland waterways, dams, river and
avalanche and sea defence works, roads and highways, railways,
bridges and tunnels, viaducts and works related to the provision
of services such as communications, drainage, sewerage, water
and energy supplies.
8E Act does not apply to powerlines
This Act does not apply to electricity infrastructure that is owned
by a network operator or retail supplier (within the meaning of
the Electricity Supply Act 1995).
9 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so
far as the legislative power of the Parliament of New South Wales
permits, the Crown in all its other capacities.
[12] Part 5, Division 7, heading
Omit "exploration holders". Insert instead "colliery holders".
[13] Section 78 Duty to give notice of drilling operations
Omit "An exploration holder" from section 78 (1).
Insert instead "A colliery holder".
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Coal Mine Health and Safety Amendment Bill 2010
Schedule 1 Amendment of Coal Mine Health and Safety Act 2002 No 129
[14] Section 78 (1)
Omit "the exploration holder". Insert instead "the colliery holder".
[15] Section 98 Definitions
Omit the definitions of emplacement area and reject from section 98 (1).
[16] Section 105 Definitions
Omit the definition of mine. Insert instead:
mine includes an abandoned mine or part of a mine.
[17] Section 110
Omit the section. Insert instead:
110 Notification of certain incidents and other matters
(1) The operator of a coal operation must ensure that the Chief
Inspector and an industry check inspector are given notice in
accordance with this section of any of the following incidents
(notifiable incidents):
(a) any incident at the coal operation that has resulted in a
person being killed,
(b) any other incident at the coal operation of a kind prescribed
by the regulations for the purposes of this paragraph,
(c) any incident or other matter occurring at, or in relation to,
the coal operation that the regulations declare to be an
incident or matter that is required to be notified.
(2) The colliery holder for a mine must ensure that the Chief
Inspector and an industry check inspector are given notice in
accordance with this section of any of the following incidents
(notifiable incidents):
(a) any incident at the mine that has resulted in a person being
killed,
(b) any other incident at the mine of a kind prescribed by the
regulations for the purposes of this paragraph,
(c) any incident or other matter occurring at, or in relation to,
the mine that the regulations declare to be an incident or
matter that is required to be notified.
(3) Any notice under this section must be given:
(a) as soon as practicable (but not later than 7 days) after each
person required to give notice becomes aware of the
notifiable incident, and
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Coal Mine Health and Safety Amendment Bill 2010
Amendment of Coal Mine Health and Safety Act 2002 No 129 Schedule 1
(b) in writing and, if a form has been prescribed by the
regulations, in that form.
(4) Any notice must, in the case of a notifiable incident referred to in
subsection (1) (a) or (b) or (2) (a) or (b), also be given:
(a) immediately after the person required to give the notice
becomes aware of the incident, and
(b) by the quickest available means.
This subsection does not apply if the person required to give the
notice is aware that another person has given the required notice
of the incident.
(5) The regulations may vary the obligations under this section with
respect to the person required to give the notice and the time and
manner in which notice is to be given.
[18] Section 118 Minister to make stop work orders
Omit section 118 (2). Insert instead:
(2) An order takes effect on and from the time at which:
(a) if the order relates to a mine--a copy is provided to the
colliery holder for the relevant colliery holding by the
Minister, or
(b) if the order relates to a coal operation--a copy is provided
to the operator of the coal operation by the Minister, or
(c) the person carrying out, or about to carry out, the action the
subject of the order is notified by the Minister that the
order has been made,
whichever is the sooner.
[19] Section 145 Appointment of government officials
Omit section 145 (2). Insert instead:
(2) An instrument appointing a person under this section may limit
the functions that the person has as a government official or under
the Occupational Health and Safety Act 2000.
[20] Section 151 Consideration and investigation of complaints
Omit "coal operation" from section 151 (1), wherever occurring.
Insert instead "mine".
[21] Section 151 (4)
Insert "or the colliery holder for the mine" after "coal operation".
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Coal Mine Health and Safety Amendment Bill 2010
Schedule 1 Amendment of Coal Mine Health and Safety Act 2002 No 129
[22] Section 153 Additional functions
Omit "coal operations" wherever occurring. Insert instead "mines".
[23] Section 156A
Insert after section 156:
156A Power to require plan from colliery holder
(1) A government official may require the colliery holder for a mine
to provide the government official with a plan of all or part of the
mine marked with information that the government official
considers necessary for an investigation or inquiry that the
government official is making.
(2) A colliery holder must not fail to comply with a requirement
made under this section.
Maximum penalty: 100 penalty units.
[24] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Coal Mine Health and Safety Amendment Act 2010
[25] Schedule 3
Insert after clause 26:
Part 3 Provision consequent on enactment of
Coal Mine Health and Safety Amendment
Act 2010
27 Validation
(1) Anything done or omitted to be done in the exercise or purported
exercise of a function under this Act, the OH&S Act or the
Explosives Act 2003 before the relevant date that would have
been validly done if the amending Act had been in force is
validated.
(2) Without limiting subclause (1):
(a) any prosecution commenced for an offence under this Act,
or an offence under the OH&S Act, before the relevant
date that would have been validly commenced had the
amending Act been in force at the time the prosecution
commenced is taken to have been validly commenced, and
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Coal Mine Health and Safety Amendment Bill 2010
Amendment of Coal Mine Health and Safety Act 2002 No 129 Schedule 1
(b) the exercise, or purported exercise, before the relevant date
of a function under the OH&S Act by an inspector
appointed under section 47 of that Act, or an inspector
taken to have been appointed as an inspector under the
OH&S Act pursuant to section 47B of that Act, that would
have been valid had the amending Act been in force at the
time of the exercise is validated, and
(c) the exercise, or purported exercise, before the relevant date
of a function under this Act by a government official that
would have been valid had the amending Act been in force
at the time of the exercise is validated, and
(d) the exercise, or purported exercise, before the relevant date
of a function under the Explosives Act 2003 by a regulatory
authority under that Act, or an inspector appointed under
that Act, that would have been valid had the amending Act
been in force at the time of the exercise is validated, and
(e) any penalty notice issued under the OH&S Act before the
relevant date that could have been issued under this Act
had the amending Act been in force at the time of its issue
is validated.
(3) In this clause:
amending Act means the Coal Mine Health and Safety
Amendment Act 2010.
OH&S Act means the Occupational Health and Safety Act 2000.
relevant date means the date of commencement of
Schedule 1 [11] to the amending Act.
under, in relation to an Act, includes under the regulations made
under the Act.
Page 13
Coal Mine Health and Safety Amendment Bill 2010
Schedule 2 Amendment of Mining Act 1992 No 29
Schedule 2 Amendment of Mining Act 1992 No 29
[1] Section 21 Colliery holdings
Omit the section.
[2] Section 40 Colliery holdings
Omit the section.
[3] Section 61 Colliery holdings
Omit the section.
[4] Section 163
Omit the section. Insert instead:
163 Registration of mines
(1) The Director-General is to keep a register of mines (the register)
in written or electronic form.
(2) The Director-General is to cause the following particulars to be
recorded in the register:
(a) the name of each mine at which mining operations are
carried out under the authority of a mining lease,
(b) in relation to each such mine, details of any mining lease
that applies to all or part of the land within the mine,
(c) the name of the holder of each such mining lease,
(d) in relation to each such mining lease, details of the address
for service of the holder of the lease,
(e) a list of the minerals authorised to be mined at the mine
under the authority of a mining lease,
(f) any former names of the mine,
(g) any other particulars that are prescribed by the regulations.
(3) The holder of a mining lease must notify the Director-General of:
(a) the name of each mine at which mining operations are
intended to be carried out under the authority of the lease,
no later than 30 days after the lease is granted and, in any
case, before commencing mining operations under the
mining lease, and
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Coal Mine Health and Safety Amendment Bill 2010
Amendment of Mining Act 1992 No 29 Schedule 2
(b) any change in any of the following particulars in relation
to a mine, as soon as practicable after the change:
(i) the name of any mine at which mining operations
are carried out under the authority of the lease,
(ii) the leases or the subleases comprising that mining
operation,
(iii) the address for service of the holder of the mining
lease, and
(c) any assignment of the mining lease so that it applies to
another mine, as soon as practicable after the assignment.
Maximum penalty: 20 penalty units.
(4) A notification under this section:
(a) must be lodged with the Director-General, and
(b) must be in the approved form, and
(c) must be accompanied by the particulars prescribed by the
regulations, and
(d) must be accompanied by the particulars required by the
approved form for such a notification, and
(e) must be accompanied by the fee prescribed by, or
determined in accordance with, the regulations.
(5) Within 14 days after a notification is lodged under subsection (4)
(or within such longer period as may be prescribed by the
regulations), the Director-General must:
(a) cause the register to be updated, as soon as practicable, in
accordance with the notification, or
(b) refuse to update the register on either of the following
grounds:
(i) the notification does not comply with the
requirements of this section or the regulations,
(ii) the name proposed for the mine may cause
confusion (because, for example, it is the same as or
similar to a name that is or was used for another
mine, whether registered or not).
(6) The register must be kept available at such offices of the
Department as may be prescribed by the regulations for
inspection by members of the public, free of charge.
(7) Section 130 applies to a notification under this section in the
same way as it applies to an application referred to in
section 130 (1).
Page 15
Coal Mine Health and Safety Amendment Bill 2010
Schedule 2 Amendment of Mining Act 1992 No 29
[5] Section 186 Colliery holdings
Omit the section.
[6] Schedule 6 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Coal Mine Health and Safety Amendment Act 2010--but only to
the extent that it amends this Act
[7] Schedule 6
Insert at the end of the Schedule with appropriate Part and clause numbering:
Part Provisions consequent on enactment of
Coal Mine Health and Safety Amendment
Act 2010
Definition
In this Part:
amending Act means the Coal Mine Health and Safety
Amendment Act 2010.
Register of mines
The Director-General may include in the register of mines under
section 163:
(a) the information on the register of colliery holdings
immediately before the substitution of that section by the
amending Act, and
(b) any other information contained in files of the Department.
Transitional provision about register of mines
A person is not liable for an offence under section 163 (3) (as
substituted by the amending Act) in respect of any act or
omission that occurs within 6 months after that substitution.
[8] Dictionary
Omit the definition of colliery holding. Insert instead:
colliery holding means land:
(a) that is subject to one or more leases authorising the mining
of coal, and
(b) that is within the boundaries of a mine registered under
section 163.
Page 16
Coal Mine Health and Safety Amendment Bill 2010
Amendment of other Acts and instruments Schedule 3
Schedule 3 Amendment of other Acts and
instruments
3.1 Coal Acquisition (Compensation) Arrangements 1985
[1] Clause 3 Definitions
Omit the definition of colliery holding from clause 3 (1). Insert instead:
colliery holding has the same meaning as it has in the Mining
Act 1992.
[2] Clause 9 Persons eligible to make claims for compensation
Insert "(within the meaning of the Coal Mining Act 1973, as in force when the
saleable coal was vested in the person)" after "colliery holding" in
clause 9 (1) (b).
[3] Clause 18 Calculation of compensation in respect of claims under
clause 10 or 11
Insert after clause 18 (4):
(5) The substitution of section 163 of the Mining Act 1992 by the
Coal Mine Health and Safety Amendment Act 2010 does not
affect the operation of this clause.
3.2 Coal Acquisition (Re-acquisition Arrangements) Order 1997
[1] Clause 3 Definitions
Insert in alphabetical order:
colliery holder, in relation to land subject to an authority for coal
granted under the Mining Act 1992, means the person who holds
the authority.
colliery holding has the same meaning as it has in the Mining
Act 1992.
[2] Clauses 16 (3) and 22 (3)
Omit "registered holder of" wherever occurring.
Insert instead "colliery holder for".
Page 17
Coal Mine Health and Safety Amendment Bill 2010
Schedule 3 Amendment of other Acts and instruments
3.3 Coal Mine Health and Safety Regulation 2006
[1] Clause 5A
Insert after clause 5:
5A Certain things are part of coal operation
For the purposes of paragraph (b) of the definition of coal
operation in section 3 of the Act, any building, structure, pit,
shaft, drive, level, drift, excavation or work within a colliery
holding:
(a) that is in the course of construction and that is intended to
be part of a coal operation, or
(b) that is a part of a coal operation and that is in the course of
being abandoned, or
(c) that is a part of a coal operation the operations at or in
which are in the course of being discontinued,
is prescribed to be part of a coal operation.
[2] Clause 6
Omit the clause. Insert instead:
6 Act does not apply to certain places
The classes of places specified in Schedule 1 are prescribed for
the purposes of section 8A (1) (a) of the Act.
Note. The Act does not apply to any place that is specified by the
Minister in a notice published in the Gazette under section 8A (1) (b) of
the Act.
[3] Schedule 1 Places to which Act does not apply
Omit clause 1.
[4] Schedule 1, clause 2
Omit "abandoned coal operations" wherever occurring.
Insert instead "abandoned mines".
[5] Schedule 1, clause 2 (b)
Omit "abandoned coal operation". Insert instead "abandoned mine".
Page 18
Coal Mine Health and Safety Amendment Bill 2010
Amendment of other Acts and instruments Schedule 3
3.4 Coal Ownership (Restitution) Act 1990 No 19
Section 3 Definitions
Insert "(within the meaning of the Coal Mining Act 1973, as in force on that
date)" after "colliery holding" in paragraph (b) of the definition of coal to
which this Act applies.
3.5 Coal Ownership (Restitution) Regulation 2005
Clause 9 Factors to be taken into account when determining
applications
Insert "(within the meaning of the Coal Mining Act 1973, as in force
immediately before its repeal)" after "colliery holding" in clause 9 (c).
3.6 Mine Health and Safety Act 2004 No 74
[1] Section 8
Omit the section. Insert instead:
8 Decisions on jurisdictional questions
(1) The Minister may make a determination as to whether a
particular place is or is not a place to which this Act applies. The
determination may be of general application or be limited as to
time or circumstances.
(2) The Minister's determination is conclusive for the purposes of
deciding a jurisdictional question (including a jurisdictional
question arising in court proceedings).
(3) A jurisdictional question is a question as to whether functions of
a person as a government official under this Act or of an inspector
under the Occupational Health and Safety Act 2000 were or can
be validly exercised or a question as to whether proceedings for
an offence under this Act or the Occupational Health and Safety
Act 2000 were or can be validly instituted.
(4) A determination under this section applies in respect of functions
exercised or purportedly exercised before or after the
determination was made but not so as to affect court proceedings
commenced before the determination was made.
(5) A determination under this section does not operate to result in a
person committing an offence that the person would not have
committed had the determination not been made.
Page 19
Coal Mine Health and Safety Amendment Bill 2010
Schedule 3 Amendment of other Acts and instruments
(6) A certificate of the Minister certifying as to a determination made
by the Minister under this section is evidence of the Minister's
determination and the date of the determination.
(7) The Minister is to notify any other Minister administering the
Occupational Health and Safety Act 2000 of any determination
made by the Minister under this section (but a failure to notify the
other Minister does not affect the validity of the determination).
[2] Section 127 Appointment of government officials
Omit section 127 (2). Insert instead:
(2) An instrument appointing a person under this section may limit
the functions that the person has as a government official or under
the Occupational Health and Safety Act 2000.
3.7 Mine Subsidence Compensation Act 1961 No 22
[1] Section 4 Definitions
Omit the definition of Colliery holding. Insert instead:
Colliery holding has the same meaning as it has in the Mining
Act 1992.
[2] Section 4, definition of "Proprietor"
Omit the definition. Insert instead:
Proprietor means the lease holder of any lease for coal within a
colliery holding and, where there is more than one lease holder,
means each lease holder who is jointly and severally liable for the
obligations under this Act.
3.8 Mining Amendment Act 2008 No 19
[1] Schedule 1 Amendment of Mining Act 1992
Omit Schedule 1 [108]-[113].
[2] Schedule 1 [224]
Omit "within the same colliery holding" from proposed section 261B (5).
Insert instead "worked as a single mine, registered as part of a mine under
section 163".
[3] Schedule 2 Amendment of other Acts and instrument
Omit Schedule 2.1.
Page 20
Coal Mine Health and Safety Amendment Bill 2010
Amendment of other Acts and instruments Schedule 3
3.9 Mining Regulation 2003
Clause 23
Omit the clause. Insert instead:
23 Register of mines
For the purposes of section 163 (6) of the Act, the prescribed
office is the Maitland office of the Department.
3.10 Occupational Health and Safety Act 2000 No 40
[1] Section 47A Appointment of inspectors in connection with mining
workplaces
Insert at the end of the section:
(2) The appointment of a person as a government official under the
Mine Health and Safety Act 2004 may limit the functions that the
person has as an inspector under this Act.
[2] Section 47B Appointment of inspectors in connection with coal
workplaces
Insert at the end of the section:
(2) The appointment of a person as a government official under the
Coal Mine Health and Safety Act 2002 may limit the functions
that the person has as an inspector under this Act.
[3] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Coal Mine Health and Safety Amendment Act 2010
[4] Schedule 3, clause 1 (2A)
Insert after clause 1 (2):
(2A) The regulations under subclause (1) may contain provisions of a
savings or transitional nature consequent on the enactment of the
Coal Mine Health and Safety Amendment Act 2010 only to the
extent that it amends this Act or affects the meaning of coal
workplace, within the meaning of this Act, in relation to any
period before, at or immediately after the commencement of
Schedule 1 [11] to the Coal Mine Health and Safety Amendment
Act 2010.
Page 21
Coal Mine Health and Safety Amendment Bill 2010
Schedule 3 Amendment of other Acts and instruments
3.11 Petroleum (Onshore) Regulation 2007
Clause 24 Rate of royalty: Mining Act 1992 section 286
Omit clause 24 (3). Insert instead:
(3) In this clause:
colliery holding has the same meaning as it has in the Mining
Act 1992.
holding means all land within a colliery holding that includes the
land within the mining lease from which the petroleum is
extracted.
Page 22
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