Queensland Subordinate Legislation as Made

MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) TRANSITIONAL AMENDMENT REGULATION (NO. 1) 2017 - REG 8

8 Insertion of new pt 4

After section 8—
insert—

Part 4 - Joint interaction management plans for overlapping areas

9 Requirement for joint interaction management plan under P&G Act

(1) This section applies in relation to an operating plant, area or activity mentioned in the P&G Act, section 990(1) if, on 27 March 2017, a joint interaction management plan has not been made under the P&G Act, section 705B in relation to the operating plant, area or activity.

(2) The principal hazard management plan applying in relation to the operating plant, area or activity is taken to be a joint interaction management plan for the purposes of the P&G Act, section 705B(1)(a).

(3) Subsection (2) applies until a joint interaction management plan is made under the P&G Act, section 705B in relation to the operating plant, area or activity.

(4) The operator of an authorised activities operating plant responsible for making the joint interaction management plan must—

(a) make reasonable attempts to consult with the site senior executive, as mentioned in the P&G Act, section 705B(1)(b)(i), before 27 May 2017; and

(b) if the operator seeks to rely on the P&G Act, section 705B(2)—give the site senior executive a proposed plan, as mentioned in that subsection, before 27 May 2017.

(5) In this section—

"overlapping area" see the P&G Act, section 705(a).

"principal hazard management plan" , applying in relation to an operating plant, area or activity, means—

(a) if a principal hazard management plan applying in relation to the operating plant, area or activity has been made under the pre-amended P&G Act, section 705A—the principal hazard management plan; or

(b) otherwise—the part of the safety management system under the P&G Act applying in relation to the operating plant, area or activity that deals with hazards and risks relating to carrying out activities in an overlapping area.

10 Requirement for joint interaction management plan under Mineral Resources Regulation 2013

(1) This section applies in relation to coal mining operations mentioned in the Mineral Resources Regulation 2013 , section 111(1) if, on 27 March 2017, a joint interaction management plan has not been made under the Mineral Resources Regulation 2013 , section 25 in relation to the coal mining operations.

(2) The plan mentioned in the Mineral Resources Regulation 2013 , section 111(2) made in relation to the coal mining operations is taken to be a joint interaction management plan for the purposes of the Mineral Resources Regulation 2013 , section 25(1)(a).

(3) Subsection (2) applies until a joint interaction management plan is made under the Mineral Resources Regulation 2013 , section 25 for the coal mining operations.

(4) The holder of the coal mining lease responsible for making the joint interaction management plan must—

(a) make reasonable attempts to consult with the operator of each authorised activities operating plant, as mentioned in the Mineral Resources Regulation 2013 , section 25(1)(b)(i), before 27 May 2017; and

(b) if the holder seeks to rely on the Mineral Resources Regulation 2013 , section 25(2)—give the operator of each authorised activities operating plant a copy of the proposed plan, as mentioned in that subsection, before 27 May 2017.

11 Requirement for joint interaction management plan under Coal Mining Safety and Health Act 1999

(1) This section applies if, on 27 March 2017, a joint interaction management plan has not been made under the Coal Mining Safety and Health Act 1999 , section 64E in relation to the coal mining operations—

(a) mentioned in the Coal Mining Safety and Health Act 1999 , section 303(2); or

(b) carried out in an overlapping area the subject of a mining lease (coal) if an activity for an authority to prospect (csg) is also carried out in the overlapping area.

(2) The overlapping safety plan applying in relation to the coal mining operations is taken to be a joint interaction management plan for the purposes of the Coal Mining Safety and Health Act 1999 , section 64E(1)(a).

(3) Subsection (2) applies until a joint interaction management plan is made under the Coal Mining Safety and Health Act 1999 , section 64E for the coal mining operations.

(4) The site senior executive of the coal mine responsible for making the joint interaction management plan must—

(a) make reasonable attempts to consult with the operator of each authorised activities operating plant, as mentioned in the Coal Mining Safety and Health Act 1999 , section 64E(1)(b)(i), before 27 May 2017; and

(b) if the site senior executive seeks to rely on the Coal Mining Safety and Health Act 1999 , section 64E(2)—give the operator of each authorised activities operating plant a copy of the proposed plan, as mentioned in that subsection, before 27 May 2017.

(5) In this section—

"overlapping area" see section 104 of the Act.

"overlapping safety plan" , applying in relation to coal mining operations, means the part of the safety and health management system under the Coal Mining Safety and Health Act 1999 applying in relation to the coal mining operations that deals with hazards and risks relating to carrying out activities in an overlapping area.