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Coal Mine Health and Safety Bill 2002
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
This Bill is about the health, safety and welfare of people who work at coal
operations, that is, people who work at colliery holdings (including coal mines,
oil shale mines and kerosene shale mines), at coal exploration sites and in the
exploration for or recovery of offshore coal. The Occupational Health and
Safety Act 2000 is the main Act that deals with the health, safety and welfare of
people at work. It covers people at work at coal operations. This Bill puts in
place special additional obligations, protections and procedures necessary for
the control of particular risks arising from coal operations. The obligations,
protections and procedures in the Occupational Health and Safety Act 2000 will
continue to apply to coal operations.
Outline of provisions
Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.Clause 2 provides for the commencement of the proposed Act on a day or days
to be appointed by proclamation.Clause 3 defines terms used in the proposed Act.
Clause 4 clarifies that certain buildings, structures, pits, shafts, drives, levels,
drifts, excavations and works are part of a coal operation for the purposes of the
proposed Act.Clause 5 clarifies that an employee is at work for the purposes of the proposed
Act when he or she is at the coal operation.Clause 6 makes it clear that risks arising out of the activities of people at work
include risks attributable to the manner of conducting an undertaking, the plant
or substances used for the purposes of an undertaking or the condition of
premises used for the purposes of an undertaking.Clause 7 provides that notes do not form part of the proposed Act.
Part 2 Application of Act
Clause 8 provides that the proposed Act applies to all places of work that are a
place within a colliery holding, an exploration site or a place involved in
exploration for or the recovery of coal offshore.Clause 9 provides that the proposed Act binds the Crown.
Part 3 Objects of Act
Clause 10 sets out the objects of the proposed Act, which are to assist in
securing the objects of the Occupational Health and Safety Act 2000 in relation
to coal operations, to put in place special provisions necessary for the control of
particular risks arising from the mining of or exploration for coal and to ensure
that effective emergency provisions are developed and maintained at coal
operations and related places.Part 4 Application of Occupational Health and
Safety Act 2000
Clause 11 provides for the proposed Act and the regulations made under it to
be read and interpreted as if they formed part of the Occupational Health and
Safety Act 2000 (the OH&S Act).Clause 12 makes it clear that the proposed Act adds to the protection provided
by the OH&S Act. The clause provides that if a provision of the OH&S Act or
the regulations made under it applies to a coal operation, that provision continues
to apply, and must be observed, in addition to the proposed Act or the regulations
made under it.Clause 13 provides that the OH&S Act and the regulations made under it
always prevails if there is an inconsistency between the OH&S Act or the
regulations made under it and the proposed Act or the regulations made under it.Clause 14 makes it clear that compliance with the proposed Act or the
regulations made under it is not in itself a defence in any proceedings for an
offence against the OH&S Act or the regulations made under it.Clause 15 provides that evidence of a relevant contravention of the proposed
Act or the regulations is admissible in any proceedings for an offence against the
OH&S Act or the regulations made under it.Clause 16 prevents a person being punished twice in respect of an act or
omission that constitutes an offence under the proposed Act or the regulations
and under the OH&S Act or the regulations made under it.Part 5 Duties relating to health, safety and welfare
at coal operations
Division 1 Duties of colliery holders
Clause 17 imposes a duty on a colliery holder to nominate a person who is the
employer with the day to day control of each coal operation within the colliery
holding as the operator of the coal operation. A colliery holder must not
undertake any mining, or allow any other person to undertake any mining, at the
coal operation unless the nomination has been made. The nomination is to be
made to the Chief Inspector, who may reject it. Many of the significant
obligations imposed under the proposed Act are imposed on the operator of a
coal operation. A colliery holder must not carry on any operations in relation to
a coal operation unless an operator has been nominated.Clause 18 requires a colliery holder to provide a nominated operator with all
information available to the colliery holder that may reasonably be relevant to
the development and implementation of a health and safety management system
for the coal operation, including any major hazard management plans that form
part of that system.Clause 19 sets out the maximum penalty for offences against the proposed
Division.Division 2 Duties of operators of coal operations
Subdivision 1 Health and safety management systems
Clause 20 imposes a duty on the operator of a coal operation to prepare a health
and safety management system in accordance with the regulations stating how
the health and safety of the people who work at the coal operation, or who are
directly affected by the coal operation, will be protected.Clause 21 requires the operator of a coal operation to ensure that mining is not
carried out at the coal operation unless a health and safety management system
that complies with the proposed Act, and that has been registered, is in effect for
the coal operation. Because of the definition of mine (as a verb) this requirement
applies to coal mines and preparation plants but not exploration sites.Clause 22 imposes a duty on the operator of a coal operation to ensure that
mining at the coal operation is carried out in compliance with the health and
safety management system. This includes activities undertaken by contractors.Clause 23 provides that a health and safety management system must include
system elements, any major hazard management plan required by the proposed
Act, the management structure of the coal operation and any contractor
management plan required by the proposed Act and any other matters that may
be prescribed by the regulations.Clause 24 requires the people who work at a coal operation to be consulted in
the preparation of the health and safety management system.Clause 25 requires the operator to supply information relating to the health and
safety management system to the Chief Inspector and the relevant industry
check inspector.Clause 26 sets out a procedure for the Chief Inspector to object to a health and
safety management system if he or she forms the view that the system does not
comply with the requirements of the proposed Act or the regulations, that there
was insufficient or inadequate consultation in its preparation or that it is
insufficient to protect the health and safety of those who work at or are affected
by the coal operation. If the Chief Inspector has not notified the operator of an
objection within a prescribed period, the health and safety management system
may be implemented.Clause 27 provides for an industry check inspector to raise objections with the
Chief Inspector regarding the content of a health and safety management system.Clause 28 requires the operator to review the health and safety management
system at least once every three years, as well as within 12 months after the
commencement of operations at the coal operation, if there is a fatality at or
arising directly from the coal operation, if there is a dangerous incident at the
coal operation that could reasonably have been expected to result in a fatality, if
there is a significant change in mining operations or if it is required by the Chief
Inspector or the regulations.Clause 29 sets out the procedure for amending health and safety management
systems.Clause 30 requires a copy of the health and safety management system for a
coal operation to be kept at the office of the coal operation and be made available
for inspection by a government official, a check inspector or a worker.Clause 31 requires a person who ceases to be the operator of a coal operation to
return to the colliery holder any information provided to the person or obtained
by the person in the course of exercising prescribed functions.Subdivision 2 Major hazard management plans
Clause 32 provides for the regulations to prescribe a hazard to people as a major
hazard to which the proposed Subdivision applies.Clause 33 provides for the Minister to declare that the operator of a coal
operation must undertake specified processes to identify any major hazard that
affects their coal operation. A major hazard so identified is a major hazard to
which the proposed Subdivision applies.Clause 34 provides for the Minister to declare by notice in the Gazette that a
coal operation, or a class of coal operations, is subject to a risk from mining from
a major hazard to which the proposed Subdivision applies.Clause 35 imposes a duty on an operator of a coal operation at which a risk from
mining arises from a major hazard to establish and maintain a major hazard
management plan as part of the health and safety management system for the
coal operation. In addition, an operator must establish a major hazard
management plan for each major hazard identified by the operator in the
operator’s assessment of risks arising from the coal operation. A separate major
hazard management plan must be prepared for each major hazard.Clause 36 provides that a major hazard management plan must state how the
health and safety of the people at work at the coal operation will be protected
from the major hazard.Subdivision 3 Management structure
Clause 37 requires the operator of a coal operation to prepare a management
structure of the coal operation, which nominates people within it by position and
outlines their areas of responsibility and accountability.Clause 38 requires the operator of a coal operation to keep a register of the
names of people occupying positions in the management structure for the coal
operation.Subdivision 4 Duties regarding contractors
Clause 39 requires the operator of a coal operation at which contractors are
proposed to be used to prepare a contractor management plan, stating how the
risks arising from the use of contractors at the coal operation will be managed.The contractor management plan is part of the health and safety management
system.Clause 40 provides that the regulations may prescribe the required contents of
a contractor management plan.Clause 41 requires the operator to consult with any contractor proposing to
work at the coal operation for the purpose of ensuring that the contractor is
familiar with the relevant parts of any health and safety management system, any
major hazard management plan and the contractor management plan and that the
contractor’s arrangements for health and safety management are consistent with
any health and safety management system for the coal operation.Clause 42 requires the operator of a coal operation to ensure that each
contractor provides the operator with a written safe work method statement for
the work to be carried out by the contractor and imposes other duties on the
operator regarding contractors.Clause 43 requires the operator of a coal operation to give each contractor who
is to work at the coal operation a copy of the health and safety management
system for the coal operation.Subdivision 5 Emergency management systems
Clause 44 defines an emergency as existing at a coal operation when the
situation is beyond the scope or control of the health and safety management
system for the coal operation and there is a threat to the life or physical well-being
of people at or outside the coal operation.Clause 45 imposes a duty on the operator of a coal operation to ensure that an
emergency management system is prepared for the coal operation.Clause 46 requires the operator of a coal operation to ensure that mining is not
carried out at the coal operation unless an emergency management system is
implemented for the coal operation.Clause 47 describes the contents of an emergency system, which must include
an up-to-date plan of the coal operation.Clause 48 requires the people who work at a coal operation to be consulted
during the preparation of the emergency management system.Clause 49 requires the operator to ensure that a summary of the emergency
management system, and any amendment of it, is supplied to the Chief
Inspector.Clause 50 requires the operator to ensure that a copy of the emergency
management system, and any amendment of it, is made available for inspection
by an inspector, a site check inspector, an industry check inspector and any
person working at the coal operation and to the Chief Inspector on request.Clause 51 requires the operator to ensure that people required to perform duties
as part of the emergency management system are competent to carry out those
duties and are given appropriate training.Clause 52 provides for the review of an emergency management system
whenever the health and safety management system for the coal operation is
reviewed.Subdivision 6 High risk activities
Clause 53 provides for the regulations to prescribe an activity as a high risk
activity to which the proposed Subdivision applies.Clause 54 imposes a duty on the operator of a coal operation to ensure that a
high risk activity is not carried out at or in relation to the coal operation unless
notice has been given of the activity to the Chief Inspector, an industry check
inspector and the site check inspector for the coal operation and the prescribed
waiting period has elapsed.Subdivision 7 Keeping of records and reporting
Clause 55 requires the operator of a coal operation to keep the records
concerning health and safety that are required by the regulations.Clause 56 requires the operator to make reports concerning health and safety as
required by the regulations.Subdivision 8 Penalties
Clause 57 sets out the maximum penalty for offences against the proposed
Division.Subdivision 9 Saving of certain notices and directions
Clause 58 provides that if a notice or direction is given under the proposed Act
to a person as the operator of a coal operation and that person is replaced as
operator by another person, any notice or direction is taken to have been given
to the new operator.Division 3 Duties and rights of employees
Clause 59 requires an employee who works at a coal operation to comply with
the operator’s health and safety management system. An employee is required
to inform the operator of any circumstances that the employee considers may
lead to a loss of control of a major hazard and is required to immediately report
to a supervisor any situation that he or she believes could present a risk to health
and safety that is not within the employee’s competence to control.Clause 60 provides that every employee has a right to remove himself or herself
from any location at the coal operation when circumstances arise that appear to
the employee, with reasonable justification, to pose a serious danger to his or her
own safety or welfare.Clause 61 protects employees from being unlawfully dismissed or victimised.
The clause makes it an offence for an employer of any person who works at a
coal operation to dismiss an employee, injure an employee in his or her
employment or alter an employee’s position to his or her detriment because the
employee participates in a consultation process required by or under the
proposed Act, exercises rights under the proposed Act or is a check inspector.Clause 62 makes it clear that the proposed Division applies to employees of a
contractor who work at a coal operation.Division 4 Duties of those in management positions
Clause 63 requires the manager of mining engineering for a coal operation to
advise the operator of health and safety standards and practices in his or her
discipline, of any significant deviation from those standards and practices and of
any risks to health and safety of which he or she becomes aware.Clause 64 requires the manager of electrical engineering for a coal operation to
advise the operator of health and safety standards and practices in his or her
discipline, of any significant deviation from those standards and practices and of
any risks to health and safety of which he or she becomes aware.Clause 65 requires the manager of mechanical engineering for a coal operation
to advise the operator of health and safety standards and practices in his or her
discipline, of any significant deviation from those standards and practices and of
any risks to health and safety of which he or she becomes aware.Clause 66 requires a person who holds a management position at a coal
operation to comply with the health and safety management system for the coal
operation.Clause 67 requires a person who holds a management position at a coal
operation to inform the operator of the coal operation if he or she is aware that
the conduct of the coal operation does not conform with the Occupational
Health and Safety Act 2000 or the proposed Act or the regulations under either
Act.Clause 68 sets out the maximum penalty for offences against the proposed
Division.Division 5 Duties of supervisors
Clause 69 requires a supervisor at a coal operation to comply with the health
and safety management system for the coal operation.Clause 70 requires a supervisor at a coal operation to inform the operator if he
or she is aware that the conduct of the coal operation does not conform with the
Occupational Health and Safety Act 2000 or the proposed Act or the regulations
under either Act.Clause 71 sets out the maximum penalty for offences against the proposed
Division.Division 6 Duties of contractors
Clause 72 requires a contractor to comply with the health and safety
management system for the coal operation.Clause 73 requires a contractor to prepare a safe work method statement.
Clause 74 requires a contractor to ensure that work is carried out in accordance
with the safe work method statement for a coal operation.Clause 75 requires certain prescribed contractors to prepare and implement a
site-specific occupational health and safety management plan.Clause 76 creates certain duties in relation to subcontractors.
Clause 77 sets out the maximum penalty for offences against the proposed
Division.Division 7 Duties of exploration holders and others to give
notice
Clause 78 imposes a duty on an exploration holder not to commence drilling
operations unless the Chief Inspector has been given notice of the operations.Clause 79 allows for the regulations to require a person, or a person of a
specified class, to give notice of the commencement or discontinuation of
prescribed operations or activities at a coal operation.Clause 80 sets out the maximum penalty for offences against the proposed
Division.Division 8 General
Clause 81 makes it clear that a person can have more than one duty under the
proposed Part.Clause 82 provides that compliance with the regulations is not in itself a
defence in any proceedings for an offence against the proposed Part but that a
relevant contravention of the regulations is admissible in evidence in any
proceedings for an offence against the proposed Part.Clause 83 provides that if in proceedings against a person for an offence against
the proposed Part, the court is not satisfied that the person contravened the
provision but is satisfied that the act or omission concerned constituted a
contravention of another provision of the proposed Part or of section 8 or 9 of
the Occupational Health and Safety Act 2000, the court may convict the person
of an offence against that other provision.Clause 84 deals with multiple contraventions of general duties under the
proposed Part. It provides that more than one contravention of a provision of the
proposed Part that arises out of the same factual circumstances may be charged
as a single offence or as separate offences but that contraventions of two or more
provisions may not be charged as a single offence.Clause 85 makes it clear that nothing in the proposed Part confers a right of
action in any civil proceedings in respect of any contravention of any provision
of the proposed Part and that nothing in the proposed Part confers a defence to
an action in any civil proceedings or otherwise affects a right of action in any
civil proceedings.Part 6 Safety of coal operations
Division 1 Methods or systems of working mines
Clause 86 requires a barrier to be left when any seam of coal is mined.Clause 87 empowers the Minister to direct that a barrier or protective pillar of
a specified width be left.Clause 88 empowers the Minister to direct the carrying out of works.
Clause 89 empowers the Minister to grant approval to mine a barrier or pillar.
Clause 90 sets out the maximum penalty for offences against the proposed
Division.Division 2 Closing of shafts and outlets in abandoned mines
Clause 91 makes it clear that the obligations imposed on an operator by the
proposed Division are imposed on the colliery holder or the person who last
registered the colliery holding.Clause 92 requires the operator of a mine to cause every shaft and outlet at the
mine that will cease to be used to be fully sealed or filled in a manner approved
by the Chief Inspector or to be provided with an approved enclosure, barrier,
plug or seal. The clause also requires that before abandoning a mine the operator
of the mine must cause every shaft or outlet at the mine to be fully sealed or filled
or provided with an approved enclosure, barrier plug or seal.Clause 93 provides for the Chief Inspector to require a former operator of a
mine that has ceased to be used, to carry out work to ensure that a shaft or outlet
at that mine remains properly sealed.Clause 94 prevents an occupier of land or any other person from wilfully
obstructing the operator of a mine or any other person from doing any act
required to be done by or under proposed section 92 or 93.Clause 95 provides that certain unenclosed shafts or outlets are taken to be a
public nuisance.Clause 96 provides that the owner of land on which there is a shaft or outlet of
an abandoned mine that is not fully sealed or filled may be required to seal or fill
the shaft or outlet with an enclosure, barrier, plug or seal. This provision mirrors
an existing provision of the Coal Mines Regulation Act 1982 and does not
impose additional obligations.Clause 97 sets out the maximum penalty for offences against the proposed
Division.Division 3 Control of emplacement areas
Clause 98 defines certain terms. In particular, emplacement area is defined as
any pile, heap, hole, excavation or place in which or on which reject is piled,
heaped, dumped, accumulated, deposited or placed and any wall or other
structure that retains or confines reject but does not include an accumulation or
deposit of reject situated underground.Clause 99 provides that the Minister may direct the occupier of land or, where
there is no occupier, the land owner, to make an emplacement safe.Clause 100 provides that a person must not establish an emplacement area
except with the approval of the Minister and in the manner and subject to any
conditions that the Minister may determine.Clause 101 provides that a person who has established an emplacement area
pursuant to Ministerial approval must not discontinue to use that emplacement
area without Ministerial approval or the temporary approval of the Chief
Inspector.Clause 102 imposes requirements on the construction and use of emplacement
areas. The clause provides that an emplacement area must be constructed in
accordance with sound engineering practice, must be compatible with the
environment and must be kept secure.Clause 103 provides when a decision or notice takes effect under the proposed
Division.Clause 104 sets out the maximum penalty for offences against the proposed
Division.Division 4 Tourist and educational activities
Clause 105 defines terms used in the proposed Division.Clause 106 provides that tourist activities cannot be conducted in or about a
former mine without a permit. The clause also provides that a former mine must
not be used principally for educational purposes without a permit.Clause 107 provides for the issue of permits authorising tourist activities or the
use of the mine principally for educational purposes.Clause 108 provides for the revocation or variation of such permits.
Clause 109 sets out the maximum penalty for offences against the proposed
Division.Part 7 Notification of incidents
Division 1 Notification of certain incidents
Clause 110 requires the operator of a coal operation to give the Chief Inspector
notice of certain notifiable incidents, namely any incident that has resulted in a
person being killed or any incident or other matter that the regulations declare to
be required to be notified.Clause 111 ensures the non-disturbance of plant involved in a notifiable
incident. If such an incident has occurred at a coal operation, the operator must
ensure that plant at the coal operation is not used, moved or interfered with, and
that the area around the notifiable incident is not disturbed, for 24 hours.Clause 112 sets out the maximum penalty for offences against the proposed
Division.Division 2 Inquiries
Clause 113 provides for the constitution of a Board of Inquiry to conduct a
special inquiry into any event or dangerous occurrence causing death or serious
bodily injury, any dangerous occurrence, certain practices at a coal operation or
any matters relating to the safety, health, conduct or discipline of persons at or
in relation to a coal operation.Clause 114 makes provision regarding witnesses and evidence at special
inquiries.Clause 115 provides for a Board of Inquiry to report to the Minister.
Clause 116 provides that no appeal lies from any decision or determination of
a Board of Inquiry on a special inquiry.Clause 117 sets out the maximum penalty for offences against the proposed
Division.Part 8 Stop work orders
Clause 118 provides that if the Minister is of the opinion that any action is
being, or is about to be, carried out at a coal operation that is likely to result in a
serious breach of a provision of the Occupational Health and Safety Act 2000 or
of the regulations made under that Act or the proposed Act or the regulations
made under it, the Minister may order that the action is to cease and that no
action, other than any specified action, is to be carried out in or in the vicinity of
the coal operation, or a specified part of the coal operation, for a period not
exceeding 28 days.Clause 119 makes it clear that the Minister is not required to notify any person
before making a stop work order.Clause 120 provides for the Minister to extend the duration of a stop work
order.Clause 121 requires consultation about the possible modification of proposed
detrimental action to avoid the need for a stop work order to continue.Clause 122 provides that a stop work order prevails over any approval, notice,
order or other instrument made or issued under the Occupational Health and
Safety Act 2000 or under any other Act that requires or permits work.Clause 123 provides for the Minister to enforce a stop work order by carrying
out work for the purpose of stopping the work specified in the order and provides
for the Minister to recover any costs or expenses incurred in doing so.Clause 124 makes it an offence to fail to comply with a requirement imposed
by a stop work order.Part 9 Competence standards
Division 1 Key obligations
Clause 125 provides for the regulations to specify functions to which the
proposed Part applies and to specify, or authorise the Minister to determine,
what is sufficient evidence of competence to perform those functions.Clause 126 provides that the operator of a coal operation must not employ a
person at the coal operation to perform a specified function unless the person
holds specified evidence of competence to perform that function.Clause 127 provides that a contractor must not employ a person at a coal
operation to perform a specified function unless the person holds specified
evidence of competence to perform that function.Clause 128 provides that a person must not perform at a coal operation a
specified function unless the person holds specified evidence of competence to
perform that function.Clause 129 sets out the maximum penalty for offences against the proposed
Division.Division 2 Coal Competence Board
Clause 130 constitutes the Coal Competence Board.Clause 131 provides that the Board is subject to Ministerial control and
direction.Clause 132 sets out the membership of the Board.
Clause 133 provides that the regulations may make provision for the procedure
of the Board.Division 3 Functions of Board
Clause 134 sets out some of the functions of the Board. These include to
oversee the development of competence standards for people performing
functions in coal operations that may impact on health and safety, to undertake
initial and ongoing assessments of the competence of people and to advise the
Minister on certain matters.Clause 135 requires the Board to prepare an annual report.
Division 4 Certificates of competence
Clause 136 provides for the Minister to grant certificates of competence to
perform specified functions.Clause 137 provides for the making of regulations concerning competence
standards and certificates of competence.Clause 138 provides for the making of Ministerial orders concerning
competence standards and certificates of competence. These orders have no
effect if they are inconsistent with the proposed Act or the regulations.Division 5 Offences
Clause 139 makes it an offence to use another person’s certificate of
competence, lend a certificate of competence or allow it to be used by another
person.Clause 140 makes it an offence to forge a certificate of competence or to
possess a forged certificate.Clause 141 makes it an offence to make false or misleading statements in
relation to the grant of any certificate of competence, the issue of a duplicate
certificate, the restoration of a certificate or for the purpose of obtaining
employment at a coal operation to perform functions for which a certificate is
required.Clause 142 makes it an offence for a person whose competence has been
declared as not recognised to continue to perform functions for which that
competence was required.Clause 143 sets out the maximum penalty for offences against the proposed
Division.Part 10 Oversight of coal operations
Division 1 Outline of this Part
Clause 144 outlines the proposed Part which provides for the appointment,
functions and powers of government officials (namely, the Chief Inspector,
inspectors, mine safety officers and investigators) as well as people to carry out
inspections as representatives of the work force at a coal operation (namely, site
check inspectors, electrical check inspectors and industry check inspectors).Division 2 Inspections by government officials
Subdivision 1 Appointment of government officials
Clause 145 provides for the appointment of public servants as the Chief
Inspector, inspectors, mine safety officers and investigators.Clause 146 specifies the qualifications of inspectors.
Clause 147 provides for the appointment of consultants as investigators.
Clause 148 provides that if the Chief Inspector is absent from duty, or on duty
but outside the State, the Minister may appoint an inspector to exercise the
functions of the Chief Inspector.Subdivision 2 Functions of government officials
Clause 149 sets out the functions of the Chief Inspector, which include the
oversight of the operations of inspectors and mine safety officers.Clause 150 requires a government official to bring certain concerns regarding
the health, safety or welfare at work of people at the coal operation to the
attention of a senior person at the coal operation.Clause 151 requires a government official to consider any complaint made to
him or her by an industry check inspector or a site check inspector for a coal
operation, being a complaint concerning the health, safety and welfare at work
of people at the coal operation. A government official may investigate a
complaint and is required to report to the industry check inspector or site check
inspector who made the complaint as to the results of his or her consideration or
investigation.Clause 152 provides for a government official to audit and review the health
and safety management system for a coal operation.Clause 153 provides for a government official to provide advice to the Chief
Inspector on matters relating to the health, safety and welfare of people at work
at coal operations and to make reports on incidents or other matters at coal
operations.Subdivision 3 Powers of government officials
Clause 154 provides that a government official has those powers that an
inspector has under Part 5 of the Occupational Health and Safety Act 2000 so as
to make any examination and inquiry that may be necessary to ascertain whether
the proposed Act and the regulations have been complied with, to ascertain
whether there is at a coal operation any matter or thing that affects or is likely to
affect the safety or health of persons employed at the coal operation, to ascertain
the causes and circumstances of any event or other occurrence at a coal operation
or to investigate any complaint made to the government official by an industry
check inspector or a site check inspector.Clause 155 empowers a government official to enter any coal operation at any
time.Clause 156 provides that a government official may require the operator of a
coal operation to provide the government official with a plan of the coal
operation marked with information that the government official considers
necessary for an investigation.Division 3 Inspections on behalf of work force
Subdivision 1 Site check inspectors
Clause 157 provides for the election of site check inspectors for the purpose of
enabling inspections to be carried out at a coal operation on behalf of the people
at the coal operation.Clause 158 provides that an election of a site check inspector for a coal
operation must be held if one or more positions is vacant and an employee of the
operator requests in writing that an election be held or the Chief Inspector directs
that an election be held.Clause 159 provides for the conduct of elections of site check inspectors.
Clause 160 provides that a site check inspector for a coal operation holds office
for 2 years.Clause 161 sets out the circumstances in which a site check inspector will be
disqualified from holding office.Clause 162 sets out when a site check inspector ceases to hold office and sets
out notification requirements.Clause 163 requires a person elected as a site check inspector to notify the
operator of the coal operation of his or her election and contact details.Clause 164 lists the functions of a site check inspector, which include to keep
under review the measures taken to ensure the health, safety and welfare of
people at the coal operation including procedures to control risks, and to
investigate any matter that may be a risk to health and safety at the coal
operation.Clause 165 provides for the training of site check inspectors in matters of
occupational health and safety.Clause 166 sets out the rights of site check inspectors, which include the right
to be present when an inspector makes a formal report to the operator concerning
a health, safety or welfare matter at the coal operation.Clause 167 sets out the duties of operators in relation to site check inspectors.
Clause 168 sets out the duties of contractors in relation to site check inspectors.
Clause 169 requires the operator of a coal operation and all other people at the
coal operation to afford every facility and assistance to a site check inspector for
the purposes of an inspection of the coal operation by the site check inspector.Clause 170 requires a site check inspector to make a report of any inspection of
the coal operation and to send the report to the operator of the coal operation.Clause 171 requires a site check inspector to report the finding of certain
dangers at a coal operation, namely noxious or inflammable gas, the existence
of self-heating by coal or other material or any other condition from which
danger to the coal operation or to the safety or health of persons employed at the
coal operation may be apprehended.Subdivision 2 Electrical check inspectors
Clause 172 provides for the election of electrical check inspectors for the
purpose of enabling inspections to be carried out on electrical equipment at a
coal operation on behalf of the people at the coal operation.Subdivision 3 Industry check inspectors
Clause 173 provides for the appointment of a person as an industry check
inspector.Clause 174 sets out the functions of an industry check inspector, which include
to review the content and functioning of any health and safety management
system, to investigate any complaint from an employee at a coal operation
regarding health and safety and to participate in investigations of events or
notifiable incidents.Clause 175 empowers an industry check inspector to issue a notice directing
that any operations be suspended.Clause 176 empowers an industry check inspector to delegate his or her power
under proposed section 175 to a site check inspector.Clause 177 provides that in the exercise of functions under the proposed
Division, an industry check inspector must do as little damage as possible.Clause 178 provides for the Minister to issue industry check inspectors with
identification cards.Subdivision 4 Inspections on behalf of work force
Clause 179 makes provision for inspections by check inspectors on behalf of
the work force.Clause 180 provides that a check inspector may be accompanied by the
operator or a representative of the operator, if the operator thinks fit.Clause 181 provides that a check inspector must not leave his or her place of
work for the purposes of making an inspection under the proposed Subdivision
unless he or she has given notice to the operator or a supervisor.Division 4 Offences
Clause 182 makes it an offence to refuse or fail to comply with a requirement
made by a government official.Clause 183 makes it an offence to wilfully interfere with a check inspector or a
government official.Clause 184 makes it an offence to impersonate a check inspector or a
government official or to falsely represent oneself as such an inspector or
official.Part 11 Coal mining industry codes of practice
Clause 185 specifies that the purpose of a coal mining industry code of practice
is to provide practical guidance to operators, employers and others who have
duties under Part 5 of the proposed Act or Part 5 of the Occupational Health and
Safety Act 2000 with respect to occupational health, safety and welfare at coal
operations.Clause 186 provides that the Minister may prepare, or cause to be prepared,
draft coal mining industry codes of practice.Clause 187 requires the Minister to arrange consultation about a draft coal
mining industry code of practice.Clause 188 provides for the Minister to approve a coal mining industry code of
practice.Clause 189 provides for the publication of an approved coal mining industry
code of practice in the Gazette, specifies when a code commences and provides
that a code must be made available for public inspection without change.Clause 190 provides for the amendment or revocation of an approved coal
mining industry code of practice.Clause 191 provides that in any proceedings for an offence against the
proposed Act or the regulations or against the Occupational Health and Safety
Act 2000 or the regulations under that Act, an approved coal mining industry
code of practice that is relevant to any matter that it is necessary for the
prosecution to prove or to establish the commission of the offence by a person is
admissible evidence in those proceedings. A person’s failure to observe the code
at any material time is evidence of the matter to be established in those
proceedings. A person is not liable to any civil or criminal proceedings by reason
only that the person has failed to observe an approved coal mining industry code
of practice.Part 12 Regulations
Clause 192 empowers the Governor to make regulations under the proposed
Act.Clause 193 lists specific matters that the regulations may deal with.
Clause 194 provides that regulations may provide for the classification of
underground mines.Clause 195 provides that the regulations may require an application under the
proposed Act to be verified by statutory declaration.Clause 196 empowers the regulations to prescribe decisions that are to be
reviewable by the Administrative Decisions Tribunal.Clause 197 provides for the regulations to adapt the provisions of Part 5.
Clause 198 provides for the regulations to disapply certain provisions of Part 5
in relation to contractors.Clause 199 provides for the regulations to apply, adopt or incorporate any
publication as in force at a particular time or from time to time.Clause 200 provides for the regulations to create offences.
Clause 201 provides for the regulations to create exemptions from obligations
created by the regulations.Clause 202 provides for the regulations to modify obligations regarding
consultation required by the proposed Act.Part 13 Miscellaneous
Division 1 Enforcement
Clause 203 imposes liability on directors of corporations, and those concerned
in the management of corporations, for certain contraventions by corporations.Clause 204 makes it an offence for a person to aid, abet, counsel, procure or be
directly or indirectly concerned with the commission of an offence.Clause 205 provides that it is a defence to any proceedings against a person for
an offence if the person proves that it was not reasonably practicable for the
person to comply with the provision or the commission of the offence was due
to causes over which the person had no control and against the happening of
which it was impracticable to make provision.Clause 206 provides that it is not a defence to an action in any criminal
proceedings that a given course of action was not objected to by the Chief
Inspector or the Department, even if the proposed Act gives the Chief Inspector
or the Department an opportunity to object to that course of action.Division 2 Information
Clause 207 protects information obtained in connection with the administration
or execution of the proposed Act from disclosure except in specified
circumstances.Clause 208 prohibits the making of false or misleading statements in purported
compliance with the proposed Act.Clause 209 specifies when a person has a defence to a charge under the
proposed Division.Division 3 Exercise and delegation of functions
Clause 210 provides that the Chief Inspector is subject to Ministerial control
and direction.Clause 211 provides that the Minister may exercise any function of the Chief
Inspector.Clause 212 provides for the delegation of functions by the Minister to the
Director-General or the Board (in relation to functions under proposed Part 9).Clause 213 provides for the delegation of functions by the Chief Inspector.
Clause 214 provides for the delegation of functions by the Director-General.
Division 4 Service of documents
Clause 215 provides for the service of documents under the proposed Act.Clause 216 provides for the supply of documents and other things to an
operator of a coal operation.Clause 217 provides for the supply of documents and other things to the Chief
Inspector.Clause 218 provides for the supply of documents and other things to an industry
check inspector.Division 5 Fees
Clause 219 provides for the Minister to determine certain fees and charges.Division 6 General
Clause 220 protects certain persons from liability in relation to things done or
omitted in good faith for the purpose of executing any provision of the proposed
Act or any other Act.Clause 221 makes it clear that nothing in the proposed Act imposes an
obligation on a person to exercise any power because the person is a site check
inspector or industry check inspector.Part 14 Repeals and amendments
Clause 222 repeals the Coal Mines Regulation Act 1982 and the regulations and
rules made under it.Clause 223 gives effect to the amendments to the Occupational Health and
Safety Act 2000 in Schedule 1.Clause 224 gives effect to the amendments, required as a consequence of the
enactment of the proposed Act, to the Acts set out in Schedule 2.Clause 225 gives effect to the Schedule of savings and transitional provisions
set out in Schedule 3.Clause 226 provides for Ministerial review of the proposed Act.
Schedule 1 Amendment of Occupational Health and
Safety Act 2000
Schedule 1 amends the Occupational Health and Safety Act 2000 (as proposed
to be amended by the Mining Legislation (Health and Safety) Act 2002)asa
consequence of the enactment of the proposed Act.Schedule 1 [1] omits the repealed Coal Mines Regulation Act 1982 from the list
of associated occupational health and safety legislation. The proposed Coal
Mine Health and Safety Act 2002 is not included in that list because it contains
sufficient provisions regarding the regulation of health and safety at coal
operations.Schedule 1 [2] inserts a definition of a coal workplace, which is defined to mean
a place to which the proposed Act applies.Schedule 1 [3] amends the definition of mine so that it relates only to non-coal
mines.Schedule 1 [4] amends a note to extend its application to coal workplaces.
Schedule 1 [5] amends section 17 of the OH&S Act, which deals with the
establishment of OHS committees and the election of OHS representatives. The
amendment provides that in relation to a coal workplace a site check inspector
and an electrical check inspector for the coal workplace must be members of any
OHS committee for the workplace. The amendment also provides that the
subsection requiring an OHS representative to be elected does not apply to a coal
workplace, since the proposed Act makes provision for the election of check
inspectors for coal workplaces.Schedule 1 [6] provides for the reaching of alternative verdicts if a court is
satisfied that provision of the proposed Act has been contravened.Schedule 1 [7] and [8] remove coal workplaces from the operation of proposed
section 47A of the OH&S Act.Schedule 1 [9] provides that a person appointed as a government official under
the proposed Act is taken to have been appointed as an inspector for the purposes
of the OH&S Act and the regulations made under it. Such a person is only
authorised to exercise functions under the OH&S Act in relation to a coal
workplace, but may exercise certain functions in relation to certain other places.Schedule 1 [10] and [14] update references to an Act.
Schedule 1 [11] extends provisions relating to powers of entry to circumstances
where there is a suspected breach of the proposed Act.Schedule 1 [12] removes coal workplaces from the operation of provisions
dealing with the notification of accidents and other dangerous incidents. Such
matters are dealt with in relation to coal workplaces in Part 7 of the proposed
Act.Schedule 1 [13] provides for the application to coal workplaces of the provisions
of the OH&S Act dealing with criminal and other proceedings.Schedule 2 Amendment of other Acts
Schedule 2 makes consequential amendments to provisions of other Acts that
refer to the Coal Mines Regulation Act 1982 or the Chief Inspector of coal mines.Schedule 2.9 makes an additional amendment to a provision that refers to
offences against the occupational health and safety legislation. The amendment
applies the provision to offences under the proposed Act and makes it clear that
the provision includes offences under the repealed Occupational Health and
Safety Act 1983.Schedule 3 Savings, transitional and other provisions
Schedule 3 makes savings and transitional provisions consequent on the
enactment of the proposed Act.
Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.