Queensland Numbered Acts

MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012 No. 20 - SECT 124

Schedule 1, part 2, division 1—

omit, insert—

'In this division—

P&G Act means the Petroleum and Gas (Production and Safety) Act 2004.

'(1) This Act does not apply to—

(a) a coal mine to which the Coal Mining Safety and Health Act 1999 applies; or

(b) a mine to which the Mining and Quarrying Safety and Health Act 1999 applies; or

(c) subject to subsections (2) and (3), operating plant under the P&G Act, other than specified P&G Act authorised activity, for any of the following—

(i) a 1923 Act petroleum tenure under the Petroleum Act 1923;

(ii) a petroleum authority under the P&G Act;

(iii) a GHG authority under the Greenhouse Gas Storage Act 2009;

(iv) a geothermal tenure under the Geothermal Energy Act 2010;

(v) a mining tenement under the Mineral Resources Act 1989.

'(2) Despite subsection (1)(c)—

(a) this Act applies to construction work for operating plant under the P&G Act, unless the work is—

(i) the commissioning of an operating plant; or

(ii) the process called 'rigging up and down' of a drill rig; and

(b) both this Act and the P&G Act apply to construction work for a stage of operating plant or proposed operating plant mentioned in section 672(2) of that Act, unless the work is work mentioned in paragraph (a)(i) or (ii).

'(3) Despite subsection (1)(c), a regulation under this Act applying in relation to a hazardous chemical or major hazard facility applies in relation to the chemical or facility even though it is at, or is, operating plant excluded from the application of this Act by subsection (1)(c).

'(4) Subject to subsection (3), if this Act, for a health and safety matter, conflicts with the P&G Act, that Act prevails to the extent of the inconsistency.

'(5) In this section—

hazardous chemical means a hazardous chemical under a regulation.

major hazard facility means a major hazard facility under a regulation.

specified P&G Act authorised activity means an authorised activity mentioned in the P&G Act, section 670(6) that is not operating plant under the P&G Act, because of section 670(7)(b) of that Act.

'(1) This section applies if—

(a) this Act, in the absence of this section, would have application to a matter, relating to the design or construction of proposed operating plant under the P&G Act, that impacts on the integrity or safe use of the plant; and

(b) the P&G Act also has application to the matter.

'(2) This Act does not have application to the matter to the extent that the P&G Act has application to the matter.'.