Coal Mining Safety and Health Act 1999

An Act to regulate the operation of coal mines, to protect the safety and health of persons at coal mines and persons who may be affected by coal mining operations, and for other purposes

1Short title

This Act may be cited as the Coal Mining Safety and Health Act 1999.

2Commencement

This Act commences on a day to be fixed by proclamation.

3Act binds all persons

(1)This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and all the other States.

(2)Nothing in this Act makes the State liable to be prosecuted for an offence.

4What does this Act apply to

This Act applies to coal mines and coal mining operations.

5Who does this Act apply to

This Act applies to—

(a)everyone who may affect the safety or health of persons while the persons are at a coal mine; and

(b)everyone who may affect the safety or health of persons as a result of coal mining operations; and

(c)a person whose safety or health may be affected while at a coal mine or as a result of coal mining operations.

5ARelationship with Rail Safety National Law (Queensland)

(1)This section applies if—

(a)this Act, in the absence of this section, would apply to a mining railway; and

(b)the Rail Safety National Law (Queensland) also applies to the mining railway.

(2)This Act does not apply to the mining railway to the extent that the Rail Safety National Law (Queensland) applies.

(3)In this section—

mining railway means a railway that is in a mine other than a railway mentioned in the Rail Safety National Law (Queensland), section 7(1)(a).

s 5A ins 2017 No. 4 s 137

6Objects of Act

The objects of this Act are—

(a)to protect the safety and health of persons at coal mines and persons who may be affected by coal mining operations; and

(b)to require that the risk of injury or illness to any person resulting from coal mining operations be at an acceptable level; and

(c)to provide a way of monitoring the effectiveness and administration of provisions relating to safety and health under this Act and other mining legislation.

s 6 amd 2009 No. 16 s 4

7How objects are to be achieved

The objects of this Act are to be achieved by—

(a)imposing safety and health obligations on persons who operate coal mines or who may affect the safety or health of others at coal mines; and

(b)providing for safety and health management systems at coal mines to manage risk effectively; and

(c)making regulations and recognised standards for the coal mining industry to require and promote risk management and control; and

(d)establishing a safety and health advisory committee to allow the coal mining industry to participate in developing strategies for improving safety and health; and

(e)providing for safety and health representatives to represent the safety and health interests of coal mine workers; and

(f)providing for inspectors and other officers to monitor the effectiveness of risk management and control at coal mines, and to take appropriate action to ensure adequate risk management; and

(g)providing a way for the competencies of persons at coal mines to be assessed and recognised; and

(h)requiring management structures so that persons may competently supervise the safe operation of coal mines; and

(i)providing for an appropriate coal mines rescue capability; and

(j)providing for a satisfactory level of preparedness for emergencies at coal mines; and

(k)providing for the health assessment and health surveillance of persons who are, will be or have been coal mine workers.

s 7 amd 2009 No. 16 s 5; 2010 No. 17 s 17 sch; 2018 No. 28 s 4; 2020 No. 10 s 75

8Dictionary

The dictionary in schedule 3 defines particular words used in this Act.

9Meaning of coal mine

(1)A coal mine is any of the following places—

(a)a place where on-site activities are carried on, continuously or from time to time, within the boundaries of land the subject of a mining tenure;

(b)a place where on-site activities are carried on, continuously or from time to time, on land adjoining, adjacent to, or contiguous with, the boundaries of land the subject of a mining tenure and within which is a place mentioned in paragraph (a);

(c)a place where on-site activities are carried on, continuously or from time to time, unlawfully because land at the place is not the subject of a mining tenure;

(d)a place that was a coal mine while works are done to secure it after its abandonment;

(e)a place where tourism, education or research related to coal mining happens that is declared under a regulation to be a coal mine;

(f)a place that was a coal mine, or part of a coal mine, while—

(i)on-site activities are carried on, continuously or from time to time; and

(ii)an authorisation to enter land under the Mineral Resources Act 1989, section 344D is in force for the place.

(2)A coal mine includes buildings for administration, accommodation and associated facilities within the boundaries of land the subject of the mining tenure for the mine or on land adjoining, adjacent to, or contiguous with the boundaries of the land the subject of the mining tenure.

(3)Despite subsection (1)(d), a place that was a coal mine is not a coal mine after its abandonment merely because work is being done at the place by or for the State—

(a)to ensure public safety; or

(b)to rehabilitate it; or

(c)to secure it.

s 9 amd 2002 No. 25 s 3; 2016 No. 32 s 18; 2020 No. 14 s 218 sch 1

10Meaning of on-site activities

(1)On-site activities are activities carried on principally for, or in connection with, exploring for or winning coal and include the following—

(a)constructing—

(i)things required or permitted to be constructed under an exploration permit, mineral development licence or mining lease; or

(ii)for a place mentioned in section 9(1)(c)—things that are required or permitted to be constructed under an exploration permit, mineral development licence or mining lease;

(b)treating coal and disposing of waste substances;

(c)rehabilitating of a place after coal mining operations;

(d)maintaining and testing plant, equipment or machinery.

(2)On-site activities do not include the following—

(a)airborne geophysical surveys;

(b)transporting product from a coal mine on public roads or public railways or on any other railway;

(c)constructing and installing surface railways;

(d)air transport to and from a coal mine;

(e)pastoral activities;

(f)underground gasification activities on land the subject of—

(i)a mineral development licence or a mining lease for activities relating to mineral (f); or

(ii)an exploration permit if the chief inspector has made a declaration under section 52A;

(g)an activity declared not to be an on-site activity under a regulation.

s 10 amd 2002 No. 25 s 4; 2008 No. 33 s 40

11Meaning of safety and health

A person’s safety and health is the person’s safety or health, to the extent it is or may be affected by coal mining operations or other activities at a coal mine.

12Meaning of competence

Competence for a task at a coal mine is the demonstrated skill and knowledge required to carry out the task to a standard necessary for the safety and health of persons.

13Meaning of consultation

Consultation with coal mine workers is discussion between the site senior executive or supervisors and affected coal mine workers about a matter with the aim of reaching agreement about the matter.

14Meaning of standard operating procedure

A standard operating procedure at a coal mine is a documented way of working, or an arrangement of facilities, at the coal mine to achieve an acceptable level of risk, developed after consultation with coal mine workers.

s 14 amd 2000 No. 18 s 8

15Meaning of accident

An accident at a coal mine is an event, or a series of events, at the coal mine causing injury to a person.

16Meaning of serious accident

A serious accident at a coal mine is an accident at a coal mine that causes—

(a)the death of a person; or

(b)a person to be admitted to a hospital as an in-patient for treatment for the injury.

17Meaning of high potential incident

A high potential incident at a coal mine is an event, or a series of events, that causes or has the potential to cause a significant adverse effect on the safety or health of a person.

18Meaning of risk

(1)Risk means the risk of injury or illness to a person arising out of a hazard.

(2)Risk is measured in terms of consequences and likelihood.

19Meaning of hazard

A hazard is a thing or a situation with potential to cause injury or illness to a person.

20Meaning of principal hazard

A principal hazard at a coal mine is a hazard at the coal mine with the potential to cause multiple fatalities.

21Meaning of coal mine operator

(1)A coal mine operator for a coal mine is—

(a)the holder; or

(b)if another person has been appointed as the coal mine operator under section 53 and the appointment is notified to the chief inspector under section 49, the other person.

(2)If—

(a)another person mentioned in subsection (1)(b) is appointed as the coal mine operator for a separate part of a surface mine; and

(b)the appointment is notified to the chief inspector under section 49;

the person’s responsibilities and safety and health obligations under this Act as a coal mine operator for a coal mine are limited to the separate part of the surface mine.

(3)If—

(a)1 or more persons are appointed as coal mine operators for separate parts of a surface mine; and

(b)the appointments are notified to the chief inspector under section 49;

the holder’s responsibilities and safety and health obligations under this Act as a coal mine operator for the coal mine are limited to the part of the mine to which the appointments do not apply.

(4)For this section, a part of a surface mine is taken to be a separate part of a surface mine only if—

(a)the part is geographically separated from the rest of the mine; and

(b)there is no physical overlapping of coal mining operations between the part and the operations in another part of the mine; and

(c)the coal mine operator for the part is in control of—

(i)the coal mining operations carried out in the part of the mine; and

(ii)the resources associated with the operations.

(5)A person may be appointed coal mine operator for more than 1 mine or separate part of a surface mine.

22Meaning of geographically separated

(1)For section 21(4), a part of a surface mine is geographically separated from the rest of the mine if there is a clear boundary between the part of the surface mine and the rest of the mine.

(2)Examples of a part of a surface mine that is geographically separated from the rest of the mine include the following—

(a)a treatment plant that has all of its own facilities;

(b)a surface mine excavation that has its own facilities, including haul roads not shared with persons involved in operations in another part of the mine;

(c)a place where exploration activities are carried out if persons carrying out the activities do not share facilities with persons involved in coal mining operations in another part of the mine.

23Meaning of physical overlapping of coal mining operations

(1)For section 21(4), physical overlapping of coal mining operations for a surface mine includes the common use with persons involved in coal mining operations in another part of the mine of—

(a)haul roads; and

(b)stockpiles, if vehicles associated with coal mining operations in another part of the mine travel onto the stockpiles; and

(c)mine workshops, stores and stores systems, hard stands and amenities.

(2)However, the following are not physical overlapping of coal mining operations for a surface mine—

(a)vehicles from 1 part of the mine dumping into a receival hopper in another part of the mine if the vehicles do not travel into the other part of the mine;

(b)a conveyor system in 1 part of the mine discharging into a bin or onto a stockpile controlled by persons in another part of the mine;

(c)a workshop in 1 part of the mine servicing vehicles from another part of the mine;

(d)a laboratory in 1 part of the mine providing a service to another part of the mine.

24When is a coal mine operator not in control

For section 21(4), a coal mine operator is not in control of coal mining operations and associated resources for part of a surface mine if—

(a)a person involved with coal mining operations in the part of the mine can transfer resources to another part of the mine; or

(b)a person involved with coal mining operations in the part of the mine has the general management of another part of the mine; or

(c)a person involved in coal mining in the part of the mine can control the supply of services, including supervision and safety inspections, to another part of the mine.

25Meaning of site senior executive

(1)The site senior executive for a coal mine is the most senior officer employed or otherwise engaged by the coal mine operator for the coal mine who—

(a)is located at or near the coal mine; and

(b)has responsibility for the coal mine.

(2)Subsection (1)(a) does not require an officer with responsibility for exploration activities under an exploration permit or mineral development licence to be located at or near the coal mine.

(3)If the officer only has responsibility for a separate part of a surface mine, the officer’s responsibilities and safety and health obligations under this Act as a site senior executive for a coal mine are limited to the separate part of the surface mine for which the officer has responsibility.

s 25 amd 2011 No. 2 s 6

26Meaning of supervisor

A supervisor at a coal mine is a coal mine worker who is authorised by the site senior executive to give directions to other coal mine workers in accordance with the safety and health management system.

s 26 sub 2002 No. 25 s 5

27Meaning of industry safety and health representative

An industry safety and health representative is a person who is appointed under section 109(1) to represent coal mine workers on safety and health matters and who performs the functions and exercises the powers of an industry safety and health representative mentioned in part 8, division 2.

28Meaning of site safety and health representative

A site safety and health representative for a coal mine is a coal mine worker elected under section 93 by coal mine workers at the coal mine to exercise the powers and perform the functions of a site safety and health representative mentioned in part 7 division 2.

29What is an acceptable level of risk

(1)For risk to a person from coal mining operations to be at an acceptable level, the operations must be carried out so that the level of risk from the operations is—

(a)within acceptable limits; and

(b)as low as reasonably achievable.

(2)To decide whether risk is within acceptable limits and as low as reasonably achievable regard must be had to—

(a)the likelihood of injury or illness to a person arising out of the risk; and

(b)the severity of the injury or illness.

30How is an acceptable level of risk achieved

(1)To achieve an acceptable level of risk, this Act requires that management and operating systems must be put in place for each coal mine.

(2)This Act provides that the systems must incorporate risk management elements and practices appropriate for each coal mine to—

(a)identify, analyse, and assess risk; and

(b)avoid or remove unacceptable risk; and

(c)monitor levels of risk and the adverse consequences of retained residual risk; and

(d)investigate and analyse the causes of serious accidents and high potential incidents with a view to preventing their recurrence; and

(e)review the effectiveness of risk control measures, and take appropriate corrective and preventive action; and

(f)mitigate the potential adverse effects arising from residual risk.

(3)Also, the way an acceptable level of risk of injury or illness may be achieved may be prescribed under a regulation.

31What happens if the level of risk is unacceptable

(1)If there is an unacceptable level of risk to persons at a coal mine, this Act requires that—

(a)persons be evacuated to a safe location; and

(b)action be taken to reduce the risk to an acceptable level.

(2)Action to reduce the risk to an acceptable level may include stopping the use of specified plant or substances.

(3)The action may be taken by the coal mine operator for the mine, the site senior executive for the mine, industry safety and health representatives, site safety and health representatives, coal mine workers, inspectors or inspection officers.

32Cooperation to achieve objects of Act

(1)This Act seeks to achieve cooperation between coal operators, site senior executives and coal workers to achieve the objects of the Act.

(2)Cooperation is an important strategy in achieving the objects of the Act and is achieved—

(a)at an industry level by—

(i)the establishment of the coal mining safety and health advisory committee under part 6; and

(ii)the appointment of industry safety and health representatives under part 8; and

(b)at coal mine level by—

(i)the election of site safety and health representatives under part 7; and

(ii)the process of involving coal mine workers in the management of risk.

s 32 amd 2010 No. 17 s 17 sch

33Obligations for safety and health

(1)Coal mine workers or other persons at coal mines or persons who may affect safety and health at coal mines or as a result of coal mining operations, have obligations under division 2 (safety and health obligations).

(2)The following persons have obligations under division 3 (also safety and health obligations)—

(a)a holder;

(b)a coal mine operator;

(c)a site senior executive;

(d)a contractor;

(e)a designer, manufacturer, importer or supplier of plant for use at a coal mine;

(f)an erector or installer of plant at a coal mine;

(g)a manufacturer, importer or supplier of substances for use at a coal mine;

(h)a person who supplies a service at a coal mine.

(3)If a corporation has an obligation under this Act, an officer of the corporation has obligations under division 3A (also safety and health obligations).

s 33 amd 2018 No. 28 s 5

34Discharge of obligations

A person on whom a safety and health obligation is imposed must discharge the obligation.

Maximum penalty—

(a)if the contravention caused multiple deaths—

(i)for an offence committed by a corporation—30,000 penalty units; or

(ii)for an offence committed by an officer of a corporation—6,000 penalty units or 3 years imprisonment; or

(iii)otherwise—3,000 penalty units or 3 years imprisonment; or

(b)if the contravention caused death or grievous bodily harm—

(i)for an offence committed by a corporation—15,000 penalty units; or

(ii)for an offence committed by an officer of a corporation—3,000 penalty units or 2 years imprisonment; or

(iii)otherwise—1,500 penalty units or 2 years imprisonment; or

(c)if the contravention caused bodily harm—

(i)for an offence committed by a corporation—7,500 penalty units; or

(ii)for an offence committed by an officer of a corporation—1,500 penalty units or 1 year’s imprisonment; or

(iii)otherwise—750 penalty units or 1 year’s imprisonment; or

(d)if the contravention involved exposure to a substance that is likely to cause death or grievous bodily harm—

(i)for an offence committed by a corporation—7,500 penalty units; or

(ii)for an offence committed by an officer of a corporation—1,500 penalty units or 1 year’s imprisonment; or

(iii)otherwise—750 penalty units or 1 year’s imprisonment; or

(e)otherwise—

(i)for an offence committed by a corporation—5,000 penalty units; or

(ii)for an offence committed by an officer of a corporation—1,000 penalty units or 6 months imprisonment; or

(iii)otherwise—500 penalty units or 6 months imprisonment.

s 34 amd 2007 No. 46 s 6

sub 2018 No. 28 s 6

35Person may owe obligations in more than 1 capacity

A person on whom a safety and health obligation is imposed may be subject to more than 1 safety and health obligation.

Example—

A person may be a coal mine operator, contractor and supplier of plant at the same time for a single coal mine and be subject to obligations in each of the capacities.

36Person not relieved of obligations

To remove doubt, it is declared that nothing in this Act that imposes a safety and health obligation on a person relieves another person of the person’s safety and health obligations under this Act.

s 36 amd 2000 No. 46 s 3 sch

37How obligation can be discharged if regulation or recognised standard made

(1)If a regulation prescribes a way of achieving an acceptable level of risk, a person may discharge the person’s safety and health obligation in relation to the risk only by following the prescribed way.

(2)If a regulation prohibits exposure to a risk, a person may discharge the person’s safety and health obligation in relation to the risk only by ensuring the prohibition is not contravened.

(3)Subject to subsections (1) and (2), if a recognised standard states a way or ways of achieving an acceptable level of risk, a person discharges the person’s safety and health obligation in relation to the risk only by—

(a)adopting and following a stated way; or

(b)adopting and following another way that achieves a level of risk that is equal to or better than the acceptable level.

38How obligations can be discharged if no regulation or recognised standard made

(1)This section applies if there is no regulation or recognised standard prescribing or stating a way to discharge the person’s safety and health obligation in relation to a risk.

(2)The person may choose an appropriate way to discharge the person’s safety and health obligation in relation to the risk.

(3)However, the person discharges the person’s safety and health obligation in relation to the risk only if the person takes reasonable precautions, and exercises proper diligence, to ensure the obligation is discharged.

39Obligations of persons generally

(1)A coal mine worker or other person at a coal mine or a person who may affect the safety and health of others at a coal mine or as a result of coal mining operations has the following obligations—

(a)to comply with this Act and procedures applying to the worker or person that are part of a safety and health management system for the mine;

(b)if the coal mine worker or other person has information that other persons need to know to fulfil their obligations or duties under this Act, or to protect themselves from the risk of injury or illness, to give the information to the other persons;

(c)to take any other reasonable and necessary course of action to ensure anyone is not exposed to an unacceptable level of risk.

(2)A coal mine worker or other person at a coal mine has the following additional obligations—

(a)to work or carry out the worker’s or person’s activities in a way that does not expose the worker or person or someone else to an unacceptable level of risk;

(b)to ensure, to the extent of the responsibilities and duties allocated to the worker or person, that the work and activities under the worker’s or person’s control, supervision, or leadership is conducted in a way that does not expose the worker or person or someone else to an unacceptable level of risk;

(c)to the extent of the worker’s or person’s involvement, to participate in and conform to the risk management practices of the mine;

(d)to comply with instructions given for safety and health of persons by the coal mine operator or site senior executive for the mine or a supervisor at the mine;

(e)to work at the coal mine only if the worker or person is in a fit condition to carry out the work without affecting the safety and health of others;

(f)not to do anything wilfully or recklessly that might adversely affect the safety and health of someone else at the mine.

40Obligations of holders

(1)This section applies if the holder for a coal mine proposes to appoint under section 53 another person as coal mine operator for the mine.

(2)The holder must—

(a)inform the proposed coal mine operator, by notice, of all relevant information available to the holder that may help the proposed coal mine operator—

(i)ensure the site senior executive for the coal mine develops and implements a safety and health management system for the mine; and

(ii)prepare and implement principal hazard management plans for the mine; and

(b)include in the contract appointing the coal mine operator an obligation on the operator—

(i)to establish a safety and health management system for the mine; and

(ii)other than for exploration activities under an exploration permit or mineral development licence—to be a party to a mines rescue agreement.

s 40 amd 2018 No. 28 s 7

41Obligations of coal mine operators

(1)A coal mine operator for a coal mine has the following obligations—

(a)to ensure the risk to coal mine workers while at the operator’s mine is at an acceptable level, including, for example, by providing and maintaining a place of work and plant in a safe state;

(b)to ensure the operator’s own safety and health and the safety and health of others is not affected by the way the operator conducts coal mining operations;

(c)not to carry out an activity at the coal mine that creates a risk to a person on an adjacent or overlapping petroleum authority if the risk is higher than an acceptable level of risk;

(d)to appoint a site senior executive for the mine;

(e)to ensure the site senior executive for the mine—

(i)develops and implements a safety and health management system for the mine; and

(ii)develops, implements and maintains a management structure for the mine that helps ensure the safety and health of persons at the mine;

(f)to audit and review the effectiveness and implementation of the safety and health management system to ensure the risk to persons from coal mining operations is at an acceptable level;

(g)to provide adequate resources to ensure the effectiveness and implementation of the safety and health management system.

(2)Without limiting subsection (1), the coal mine operator has an obligation not to operate the coal mine without a safety and health management system for the mine.

(3)In this section—

adjacent or overlapping petroleum authority means any of the following under an Act as follows if, under that Act, its area is adjacent to, or overlaps with, the land the subject of the mining tenure under which the coal mine is operated—

(a)a petroleum authority under the Petroleum and Gas (Production and Safety) Act 2004;

(b)an authority to prospect, petroleum lease, or water monitoring authority, under the Petroleum Act 1923.

s 41 amd 2004 No. 25 s 942A (amd 2004 No. 26 s 255); 2014 No. 64 s 204; 2018 No. 24 s 4

42Obligations of site senior executive for coal mine

A site senior executive for a coal mine has the following obligations in relation to the safety and health of persons who may be affected by coal mining operations—

(a)to ensure the risk to persons from coal mining operations is at an acceptable level;

(b)to ensure the risk to persons from any plant or substance provided by the site senior executive for the performance of work is at an acceptable level;

(c)to develop and implement a safety and health management system for all persons at the mine, including contractors and service providers;

(d)to give a contractor at the mine information in the site senior executive’s possession about all relevant components of the mine’s safety and health management system, required by the contractor to—

(i)identify risks arising in relation to any work to be undertaken by the contractor at the mine; and

(ii)comply with section 43(1)(d);

(e)to give a service provider at the mine information in the site senior executive’s possession about all relevant components of the mine’s safety and health management system, required by the service provider to—

(i)identify risks arising in relation to any service to be provided by the service provider at the mine; and

(ii)comply with section 47(1)(f);

(f)to review safety and health management plans of contractors and service providers within the meaning of section 43 or 47 and, if necessary, require changes to be made to those plans to enable them to be integrated with the mine’s safety and health management system;

(g)to develop, implement and maintain a management structure for the mine that helps ensure the safety and health of persons at the mine;

(h)to ensure no work is undertaken by a coal mine worker at the mine until the worker—

(i)has been inducted in the mine’s safety and health management system to the extent it relates to the work to be undertaken by the worker; and

(ii)has received training about hazards and risks at the mine to the extent they relate to the work to be undertaken by the worker; and

(iii)has received training so the worker is competent to perform the worker’s duties;

(i)to provide for—

(i)adequate planning, organisation, leadership and control of coal mining operations; and

(ii)the carrying out of critical work at the mine that requires particular technical competencies; and

(iii)adequate supervision and control of coal mining operations on each shift at the mine; and

(iv)regular monitoring and assessment of the working environment, work procedures, equipment, and installations at the mine; and

(v)appropriate inspection of each workplace at the mine including, where necessary, pre-shift inspections; and

(vi)adequate supervision and monitoring of contractors and service providers at the mine.

s 42 amd 2011 No. 2 s 7; 2018 No. 28 s 8

43Obligations of contractors

(1)A contractor at a coal mine has the following obligations—

(a)to ensure the contractor complies with this Act to the extent it relates to the work undertaken by the contractor;

(b)to ensure the contractor complies with the mine’s safety and health management system to the extent it relates to the work undertaken by the contractor;

(c)to ensure the contractor’s own safety and health, and the safety and health of others, is not adversely affected by the way the contractor undertakes work at the mine;

(d)to ensure no work is undertaken by the contractor until the contractor—

(i)has given the site senior executive for the mine a safety and health management plan; and

(ii)has made all changes to the contractor’s safety and health management plan required by the site senior executive to enable the plan to be integrated with the mine’s safety and health management system;

(e)to ensure no work is undertaken by the contractor at the mine until the contractor and each coal mine worker engaged by the contractor—

(i)has been inducted in the mine’s safety and health management system to the extent it relates to the work to be undertaken by the contractor or worker; and

(ii)has received training about hazards and risks at the mine to the extent they relate to the work to be undertaken by the contractor or worker.

(2)In this section—

safety and health management plan, of a contractor, means a plan that—

(a)identifies the work to be undertaken by the contractor; and

(b)states how the contractor intends to comply with the contractor’s obligations under this section.

s 43 sub 2018 No. 28 s 9

44Obligations of designers, manufacturers, importers and suppliers of plant etc. for use at coal mines

(1)A designer or importer of plant for use at a coal mine has an obligation to ensure the plant is designed so that, when used properly, the risk to persons from the use of the plant is at an acceptable level.

(2)A manufacturer or importer of plant for use at a coal mine has an obligation to ensure the plant is constructed so that, when used properly, the risk to persons from the use of the plant is at an acceptable level.

(3)A designer, manufacturer or importer of plant for use at a coal mine has an obligation to ensure the plant undergoes appropriate levels of testing and examination to ensure compliance with the obligation imposed by subsection (1) or (2).

(4)Also, a designer, manufacturer, importer or supplier of plant for use at a coal mine has the following obligations—

(a)to take all reasonable steps to ensure appropriate information about the safe use of the plant is available, including information about the maintenance necessary for the safe use of the plant;

(b)if the designer, manufacturer, importer or supplier becomes aware of a hazard or defect associated with the plant that may create an unacceptable level of risk to users of the plant, to inform the chief inspector of—

(i)the nature of the hazard or defect and its significance; and

(ii)any modifications or controls of which the designer, manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and

(iii)the name of each coal mine operator, contractor or service provider the designer, manufacturer, importer or supplier has supplied the plant to; and

(iv)the steps taken to notify the coal mine operators, contractors and service providers about the matters mentioned in subparagraphs (i) and (ii);

(c)to take the action the chief inspector reasonably requires to prevent the use of unsafe plant anywhere.

Example of subsection (4)(c)—

The chief inspector may require a designer, manufacturer, importer or supplier of plant to recall the plant to prevent its use.

(5)For subsection (4)(a), information is appropriate if the information states—

(a)the use for which the plant has been designed and tested; and

(b)any conditions that must be followed if the plant is to be used safely so that risk to persons is at an acceptable level.

(6)If a supplier of plant becomes aware of a hazard or defect associated with the plant the supplier has supplied to a coal mine operator for a coal mine or to a contractor or service provider for use at a coal mine, that may create an unacceptable level of risk to users of the plant, the supplier has an obligation to take all reasonable steps to inform the coal mine operator, contractor or service provider—

(a)of the nature of the hazard or defect and its significance; and

(b)any modifications or controls the supplier is aware of that have been developed to eliminate or correct the hazard or defect or manage the risk.

s 44 amd 2018 No. 28 s 10

45Obligations of erectors and installers of plant

An erector or installer of plant at a coal mine has an obligation—

(a)to erect or install the plant in a way that is safe and does not expose persons at the mine to an unacceptable level of risk; and

(b)to ensure nothing about the way the plant was erected or installed makes it unsafe or likely to expose persons at the mine to an unacceptable level of risk when used properly.

45AObligations of designers, constructors and erectors of earthworks

(1)A designer of earthworks at a coal mine has an obligation to ensure the earthworks are designed so that, when used properly, the risk to persons from the use of the earthworks is at an acceptable level.

Examples of earthworks—

tailings dam, berm

(2)A constructor or erector of earthworks at a coal mine has an obligation—

(a)to construct or erect the earthworks in a way that is safe and does not expose persons to an unacceptable level of risk; and

(b)to ensure nothing about the way the earthworks are constructed or erected makes the earthworks unsafe or likely to expose persons to an unacceptable level of risk when used properly.

s 45A ins 2011 No. 2 s 8

46Obligations of manufacturers, importers and suppliers of substances for use at coal mines

(1)A manufacturer or importer of a substance for use at a coal mine has the following obligations—

(a)to ensure the substance is safe so that, when used properly, the risk to persons from the use of the substance is at an acceptable level;

(b)to ensure the substance undergoes appropriate levels of testing and examination to ensure compliance with the obligation imposed by paragraph (a).

(2)Also, a manufacturer, importer or supplier of a substance for use at a coal mine has the following obligations—

(a)to ensure appropriate information about the safe use, storage and disposal of the substance is provided with the substance;

(b)if the manufacturer, importer or supplier becomes aware of a hazard or defect associated with the substance that may create an unacceptable level of risk to users of the substance, to inform the chief inspector of—

(i)the nature of the hazard or defect and its significance; and

(ii)any modifications or controls of which the manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and

(iii)the name of each coal mine operator, contractor or service provider the manufacturer, importer or supplier has supplied the substance to; and

(iv)the steps taken to notify the coal mine operators, contractors and service providers about the matters mentioned in subparagraphs (i) and (ii);

(c)to take the action the chief inspector reasonably requires to prevent the use of an unsafe substance at a coal mine.

Example of subsection (2)(c)—

The chief inspector may require a manufacturer, importer or supplier of a substance to recall the substance to prevent its use.

(3)For subsection (2)(a), information is appropriate if the information clearly identifies the substance and states—

(a)the precautions, if any, to be taken for the safe use, storage or disposal of the substance; and

(b)the risks, if any, associated with the use, storage or disposal of the substance.

(4)If a supplier of a substance for use at a coal mine becomes aware of a hazard or defect associated with the substance that may create an unacceptable level of risk to users of the substance, the supplier has an obligation to take all reasonable steps to inform each coal mine operator, contractor or service provider to whom the supplier has supplied the substance of—

(a)the nature of the hazard or defect and its significance; and

(b)any modifications or controls the supplier is aware of that have been developed to eliminate or correct the hazard or defect or manage the risk.

s 46 amd 2018 No. 28 s 11

47Obligations of service providers

(1)A person who provides a service (a service provider) at a coal mine has the following obligations—

(a)to ensure the service provider complies with this Act to the extent it relates to the service provided;

(b)to ensure the service provider complies with the mine’s safety and health management system to the extent it relates to the service provided;

(c)to ensure the safety and health of coal mine workers or other persons is not adversely affected by the service provided;

(d)if the service provider is present at the coal mine—to ensure the service provider’s own safety and health is not adversely affected by the service provided;

(e)to ensure the fitness for use of plant at the coal mine is not adversely affected by the service provided;

(f)to ensure the service is not provided until the service provider—

(i)has given the site senior executive for the mine a safety and health management plan; and

(ii)has made all changes to the service provider’s safety and health management plan required by the site senior executive to enable the plan to be integrated with the mine’s safety and health management system;

(g)to ensure the service is not provided until the service provider and each coal mine worker engaged by the service provider—

(i)has been inducted in the mine’s safety and health management system to the extent it relates to the service to be provided by the service provider or worker; and

(ii)has received training about hazards and risks at the mine to the extent they relate to the service to be provided by the service provider or worker.

(2)In this section—

safety and health management plan, of a service provider, means a plan that—

(a)identifies the service to be provided by the service provider; and

(b)states how the service provider intends to comply with the service provider’s obligations under this section.

s 47 sub 2018 No. 28 s 12

pt 3 div 3A hdg ins 2018 No. 28 s 13

47AObligation of officers of corporations

(1)If a corporation has an obligation under this Act, an officer of the corporation must exercise due diligence to ensure the corporation complies with the obligation.

(2)An officer of a corporation may be convicted or found guilty of an offence under this Act relating to an obligation of the officer whether or not the corporation has been convicted or found guilty of an offence under this Act relating to an obligation of the corporation.

(3)In this section, due diligence includes taking reasonable steps—

(a)to acquire and keep up-to-date knowledge of mine safety and health matters; and

(b)to gain an understanding of the nature of coal mining operations at a coal mine and generally of the hazards and risks associated with those operations; and

(c)to ensure the corporation has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to safety and health from work carried out as part of coal mining operations; and

(d)to ensure the corporation has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information; and

(e)to ensure the corporation has, and implements, processes for complying with any obligation of the corporation under this Act; and

(f)to verify the provision and use of the resources and processes mentioned in paragraphs (c) to (e).

Example for paragraph (f)—

If the corporation is a coal mine operator, verifying the provision and use of the resources and processes to ensure the operator complies with the requirement under section 41(1)(f) (including, for example, having regard to each report given by the operator in relation to an audit of the effectiveness and implementation of the mine’s safety and health management system).

(4)In this section—

officer, of a corporation, does not include a person appointed as, or whose position reports directly or indirectly to, the site senior executive for a coal mine.

s 47A ins 2018 No. 28 s 13

48Defences for div 2, 3 or 3A

(1)It is a defence in a proceeding against a person for a contravention of an obligation imposed on the person under division 2, 3 or 3A in relation to a risk for the person to prove—

(a)if a regulation has been made about the way to achieve an acceptable level of risk—the person followed the way prescribed in the regulation to prevent the contravention; or

(b)subject to paragraph (a), if a recognised standard has been made stating a way or ways to achieve an acceptable level of a risk—

(i)that the person adopted and followed a stated way to prevent the contravention; or

(ii)that the person adopted and followed another way that achieved a level of risk that is equal to or better than the acceptable level to prevent the contravention; or

(c)if no regulation or recognised standard prescribes or states a way to discharge the person’s safety and health obligation in relation to the risk—that the person took reasonable precautions and exercised proper diligence to prevent the contravention.

(2)Also, it is a defence in a proceeding against a person for an offence against section 34 for the person to prove that the commission of the offence was due to causes over which the person had no control.

(3)The Criminal Code, sections 23 and 24, do not apply in relation to a contravention of section 34.

(4)In this section, a reference to a recognised standard is a reference to the recognised standard in force at the time of the contravention.

s 48 amd 2018 No. 28 s 14

pt 3A hdg ins 2020 No. 14 s 11

48ADefinitions for part

(1)In this part—

conduct means an act or omission to perform an act.

employer, for a coal mine, means a person who employs or otherwise engages a coal mine worker.

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

senior officer, of an employer for a coal mine, means—

(a)if the employer is a corporation—an executive officer of the corporation; or

(b)otherwise—the holder of an executive position (however described) in relation to the employer who makes, or takes part in making, decisions affecting all, or a substantial part, of the employer’s functions.

(2)For this part, a person’s conduct causes death if it substantially contributes to the death.

s 48A ins 2020 No. 14 s 11

48BException for the Criminal Code, s 23

The Criminal Code, section 23 does not apply in relation to an offence against this part.

s 48B ins 2020 No. 14 s 11

48CIndustrial manslaughter—employer

(1)An employer for a coal mine commits an offence if—

(a)a coal mine worker—

(i)dies in the course of carrying out work at the coal mine; or

(ii)is injured in the course of carrying out work at the coal mine and later dies; and

(b)the employer’s conduct causes the death of the coal mine worker; and

(c)the employer is negligent about causing the death of the coal mine worker by the conduct.

Maximum penalty—

(a)for an individual—20 years imprisonment; or

(b)for a body corporate—100,000 penalty units.

Note—

See section 261 in relation to imputing to a body corporate particular conduct of officers, employees or agents of the body corporate.

(2)An offence against subsection (1) is a crime.

s 48C ins 2020 No. 14 s 11

48DIndustrial manslaughter—senior officer

(1)A senior officer of an employer for a coal mine commits an offence if—

(a)a coal mine worker—

(i)dies in the course of carrying out work at the coal mine; or

(ii)is injured in the course of carrying out work at the coal mine and later dies; and

(b)the senior officer’s conduct causes the death of the coal mine worker; and

(c)the senior officer is negligent about causing the death of the coal mine worker by the conduct.

Maximum penalty—20 years imprisonment.

(2)An offence against subsection (1) is a crime.

s 48D ins 2020 No. 14 s 11

49Notices by holder

(1)Before coal mining operations start at a coal mine or a separate part of a surface mine, the holder for the mine must give the inspector located in the region in which the mine is situated notice of—

(a)the name and address of the coal mine operator for the mine or part; and

(b)the name of, and a description of the land (including its boundary) comprising, the mine or part; and

(c)the date on which operations are to start at the mine or part.

Maximum penalty—40 penalty units.

(2)Subsection (1)(b) and (c) do not apply to exploration activities under an exploration permit or mineral development licence.

(3)The holder must not change the following for a coal mine without first giving the inspector located in the region in which the mine is situated notice—

(a)the coal mine operator;

(b)the name of the mine.

Maximum penalty for subsection (3)—40 penalty units.

s 49 amd 2002 No. 25 s 6

50Notices by coal mine operator

(1)Before coal mining operations start at a coal mine, the coal mine operator must give the inspector for the region in which the coal mine is situated notice of the name and address of the site senior executive for the mine.

Maximum penalty—40 penalty units.

(2)Also, the coal mine operator must, within 7 days after the appointment, give the inspector for the region notice of the following appointments including the name and address of the person appointed—

(a)the appointment of a new site senior executive;

(b)an appointment under section 57.

Maximum penalty—40 penalty units.

(3)When land is added to or omitted from a coal mine, the coal mine operator must, within 1 month after the addition or omission, give to the inspector located in the region in which the mine is situated written particulars of the land (including its boundary) added or omitted.

Maximum penalty—40 penalty units.

s 50 amd 2002 No. 25 s 7

51Notice of management structure

Before coal mining operations start at a coal mine, the site senior executive must give a copy of the management structure the site senior executive must document under section 55 to the inspector for the region in which the mine is situated.

Maximum penalty—40 penalty units.

52Notice about exploration activities

If exploration activities are to be carried out on land under an exploration permit or mineral development licence, the coal mine operator must give the inspector for the region in which the land subject to the exploration permit or mineral development licence is situated notice of the nature of the intended activity and the planned start date and duration of the activity.

Maximum penalty—40 penalty units.

52ANotice about underground gasification activities

(1)This section applies if the site senior executive for a coal mine gives the chief inspector notice that particular exploration activities at the coal mine under an exploration permit are underground gasification activities.

(2)The chief inspector may by notice declare the activities to be underground gasification activities, with the agreement of the chief inspector, petroleum and gas.

(3)The chief inspector must give the site senior executive a copy of the notice.

(4)In this section—

chief inspector, petroleum and gas means the chief inspector under the Petroleum and Gas (Production and Safety) Act 2004.

s 52A ins 2008 No. 33 s 41

53Appointment of coal mine operator

(1)The holder for a coal mine may, by written contract, appoint a person as the coal mine operator for the mine or, if the mine is or includes a separate part of a surface mine, the separate part.

(2)An appointment of a person as coal mine operator for a part of a coal mine that is not a separate part of a surface mine is ineffective.

s 53 amd 2022 No. 29 s 31 sch 1

54Appointment of site senior executive

(1)A coal mine operator for a coal mine or for a separate part of a surface mine must not appoint more than 1 site senior executive for the mine or for the part for which the person is coal mine operator.

Maximum penalty—500 penalty units.

(2)A coal mine operator must not appoint a person to be site senior executive for more than 1 coal mine.

Maximum penalty—500 penalty units.

(3)However, a person may be appointed to be site senior executive for more than 1 coal mine if—

(a)the mines are part of a mining project; or

(b)the mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease; or

(c)the mines are adjacent and on-site activities for winning coal are carried on at only 1 of the mines; or

(d)the mines comprise mines forming part of a mining project and adjacent mines, and the adjacent mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease.

(4)A coal mine operator must not appoint a person to be site senior executive for a coal mine or a separate part of a surface mine unless the person holds a site senior executive notice.

Maximum penalty—500 penalty units.

(5)A coal mine operator for a coal mine or for a separate part of a surface mine must not appoint a person to be site senior executive for the coal mine or the separate part of the surface mine unless the person is an employee of the coal mine operator.

Maximum penalty—500 penalty units.

(6)In this section—

appoint includes employ and purport to appoint.

s 54 amd 2002 No. 25 s 8; 2018 No. 28 s 15; 2020 No. 14 s 4

55Management structure for safe operations at coal mines

(1)The site senior executive for a coal mine must—

(a)develop and maintain a management structure for the coal mine in a way that allows development and implementation of the safety and health management system; and

(b)document the management structure.

Maximum penalty—40 penalty units.

(2)The document must state—

(a)the responsibilities of the site senior executive; and

(b)the responsibilities and competencies required for senior positions in the structure; and

(c)the names of the persons holding the senior positions and their competencies; and

(ca)the name of the person who is responsible for establishing and implementing a system for managing contractors and service providers at the coal mine; and

(d)the competencies required, and the responsibilities, for each other supervisory position at the mine.

Maximum penalty—40 penalty units.

(3)For subsection (2)(b), an inspector may by notice given to the site senior executive declare a position to be a senior position.

(4)For each supervisory position mentioned in subsection (2)(d), the site senior executive must also keep a record of the names and competencies of each person authorised to carry out the responsibilities of the position.

s 55 amd 2002 No. 25 s 9; 2018 No. 28 s 16

56Competencies of supervisors

A site senior executive must not assign the tasks of a supervisor to a person unless the person—

(a)is competent to perform the task assigned; and

(b)if there is a safety and health competency for supervisors recognised by the committee, has the relevant competency.

Maximum penalty—100 penalty units.

s 56 amd 2010 No. 17 s 17 sch

57Appointment of another site senior executive during temporary absence

(1)If the site senior executive for a coal mine is temporarily absent from duty for more than 14 days, the coal mine operator for the mine must appoint, in writing, a person to act as the site senior executive during the absence.

Maximum penalty—100 penalty units.

(2)A coal mine operator for a coal mine must not appoint a person under subsection (1) to act as the site senior executive during an absence unless the person is an employee of the coal mine operator.

Maximum penalty—500 penalty units.

(3)The person acting as the site senior executive is subject to all of the obligations of a site senior executive.

s 57 amd 2020 No. 14 s 5

58Other appointments during absences

(1)This section applies if a person—

(a)is mentioned in the management structure for a coal mine documented under section 55; and

(b)actively supervises coal mine workers where there is a risk to the workers; and

(c)is temporarily absent from duty.

(2)The site senior executive for the coal mine must appoint another competent person to perform the person’s duties while the person is absent.

Maximum penalty for subsection (2)—40 penalty units.

59Additional requirements for management of surface mines

(1)A site senior executive must appoint a person holding an open cut examiner’s certificate of competency to carry out the responsibilities and duties prescribed under a regulation in 1 or more surface mine excavations.

Maximum penalty—200 penalty units.

(2)The coal mine operator for the surface mine must ensure that the site senior executive appoints a person under subsection (1) only if the person is an employee of the coal mine operator.

Maximum penalty—500 penalty units.

s 59 amd 2020 No. 14 s 6

60Additional requirements for management of underground mines

(1)This section applies to an underground mine.

(2)The site senior executive must appoint a person to be underground mine manager to control and manage the mine.

Maximum penalty—400 penalty units.

(3)However, the site senior executive may be appointed underground mine manager by the coal mine operator for the mine.

(4)The site senior executive must appoint an alternate underground mine manager if the mine is to be managed in accordance with a commute system.

Maximum penalty—400 penalty units.

(5)The coal mine operator or site senior executive must not appoint a person as an underground mine manager unless the person has a first class certificate of competency for an underground coal mine.

Maximum penalty—400 penalty units.

(6)A person must not give a direction to the underground mine manager about a technical matter in relation to the underground mine unless the person giving the direction is the holder of a first class certificate of competency for an underground coal mine.

Maximum penalty—200 penalty units.

(7)A person must not give a direction to the underground mine manager that may adversely affect safety and health at the underground mine.

Maximum penalty—200 penalty units.

(8)The underground mine manager must appoint a person holding a first or second class certificate of competency or a deputy’s certificate of competency to be responsible for the control and management of underground activities when the manager is not in attendance at the mine.

Maximum penalty—200 penalty units.

(9)The underground mine manager must appoint a person holding a first or second class certificate of competency or a deputy’s certificate of competency to have control of activities in 1 or more explosion risk zones.

Maximum penalty—200 penalty units.

(10)The underground mine manager must appoint a person or persons with appropriate competencies to control and manage the mechanical and electrical engineering activities of the mine.

Maximum penalty—200 penalty units.

(11)A coal mine operator or site senior executive may appoint a person as underground mine manager for more than 1 mine at the same time only with the written approval of the chief inspector.

Maximum penalty—200 penalty units.

(12)The coal mine operator for the underground mine must ensure that a site senior executive required to appoint a person under subsection (2) or (4), or an underground mine manager required to appoint a person under subsection (8), (9) or (10), appoints a person under the subsection only if the person is an employee of the coal mine operator.

Maximum penalty—500 penalty units.

s 60 amd 2020 No. 14 s 7

61Appointment of ventilation officer

(1)This section applies to an underground mine.

(2)The underground mine manager for the mine must appoint another person as the ventilation officer for the mine.

Maximum penalty—200 penalty units.

(3)However, the underground mine manager must not appoint a person under subsection (2) unless the person holds a ventilation officer’s certificate of competency.

Maximum penalty—200 penalty units.

(4)Also, the coal mine operator for the underground mine must ensure that the underground mine manager appoints a person under subsection (2) only if the person is an employee of the coal mine operator.

Maximum penalty—500 penalty units.

(5)Subject to the direction and control of the underground mine manager, the ventilation officer for the mine is responsible for—

(a)the implementation of the mine’s ventilation system; and

(b)the establishment of effective standards of ventilation for the mine.

(6)The underground mine manager must not appoint a person as ventilation officer at more than 1 mine at the same time unless the chief inspector gives the manager notice that the chief inspector is satisfied the person can effectively carry out the duties of the ventilation officer at the mines.

Maximum penalty—200 penalty units.

(7)The underground mine manager may appoint more than 1 person as the ventilation officer under this section to assume the duties of the officer at different times.

s 61 amd 2002 No. 25 s 10; 2010 No. 17 s 17 sch; 2011 No. 2 s 9

sub 2018 No. 28 s 17

amd 2020 No. 14 s 8

61AAbsence of ventilation officer

(1)This section applies if—

(a)a ventilation officer appointed under section 61 for an underground mine is temporarily absent from duty; and

(b)there is no other person appointed under that section who can assume the ventilation officer’s duties during the absence.

(2)The underground mine manager may assume the duties of the ventilation officer during the absence if—

(a)the absence is for not longer than 7 days; and

(b)the manager holds a ventilation officer’s certificate of competency.

(3)If the underground mine manager does not assume the duties of the ventilation officer under subsection (2), the manager must appoint another person to act as the ventilation officer during the absence.

Maximum penalty—200 penalty units.

(4)However, the underground mine manager must not appoint a person under subsection (3) unless the person holds a ventilation officer’s certificate of competency.

Maximum penalty—200 penalty units.

(5)Also, the coal mine operator for the underground mine must ensure the underground mine manager appoints a person under subsection (3) only if the person is an employee of the coal mine operator.

Maximum penalty—500 penalty units.

s 61A ins 2018 No. 28 s 17

amd 2020 No. 14 s 9

62Safety and health management system

(1)The safety and health management system, for a coal mine, is a single system that incorporates risk management elements and practices that ensure the safety and health of persons who may be affected by coal mining operations.

(2)The safety and health management system must be a single, auditable documented system that—

(a)forms part of an overall management system; and

(b)includes organisational structure, planning activities, responsibilities, practices, procedures and resources for developing, implementing, maintaining and reviewing a safety and health policy.

(3)The safety and health management system must provide a single, comprehensive and integrated system for the management of all aspects of risks to safety and health in relation to the operation of the coal mine.

(4)The safety and health management system for a coal mine must be in place before coal mining operations start at the mine.

(5)The safety and health management system must be adequate and effective to achieve an acceptable level of risk by—

(a)defining the coal mine operator’s safety and health policy; and

(b)containing a plan to implement the coal mine operator’s safety and health policy; and

(c)stating how the coal mine operator intends to develop the capabilities and support mechanisms necessary to achieve the policy; and

(d)including principal hazard management plans and standard operating procedures; and

(e)containing a way of—

(i)measuring, monitoring and evaluating the performance of the safety and health management system; and

(ii)taking the action necessary to prevent or correct matters that do not conform with the safety and health management system; and

(f)containing a plan to regularly review and continually improve the safety and health management system so that risk to persons at the coal mine is at an acceptable level; and

(g)if there is a significant change to the coal mining operations of the coal mine—containing a plan to immediately review the safety and health management system so that risk to persons is at an acceptable level.

(6)The site senior executive must make available for inspection, by coal mine workers employed at the coal mine, a copy of the safety and health management system.

Maximum penalty—100 penalty units.

(7)The site senior executive must give a copy of a principal hazard management plan to a coal mine worker whose work at the coal mine is affected by the requirements of the plan and who requests a copy of the hazard management plan.

Maximum penalty—100 penalty units.

s 62 amd 2018 No. 28 s 18

62AAdditional requirement for coal mining operation for incidental coal seam gas

(1)This section applies if coal mining operations at a coal mine include activities related to mining incidental coal seam gas.

(2)The safety and health management system must include a plan to achieve an acceptable level of risk in relation to the activities.

(3)In deciding whether the safety and health management system for the coal mine is adequate and effective to achieve an acceptable level of risk for section 62(5), regard must be had to the requirements for a safety management system under the Petroleum and Gas (Production and Safety) Act 2004.

Notes—

1See the Petroleum and Gas (Production and Safety) Act 2004, sections 675 and 705C.

2For mineral hydrocarbon mining leases as defined under the Mineral Resources Act 1989, chapter 15, part 2, division 6, see section 747 of that Act and the Petroleum and Gas (Production and Safety) Act 2004, section 671.

s 62A ins 2004 No. 25 s 943

amd 2012 No. 20 s 323 sch 3; 2014 No. 64 s 205; 2018 No. 28 s 19

63Principal hazard management plan

(1)A principal hazard management plan must—

(a)identify, analyse and assess risk associated with principal hazards; and

(b)include standard operating procedures and other measures to control risk.

(2)The site senior executive must give a copy of the principal hazard management plan to a person that employs persons at the coal mine whose work is affected by the plan’s requirements.

Maximum penalty for subsection (2)—200 penalty units.

64Review of principal hazard management plans and standard operating procedures

(1)This section applies if—

(a)a safety and health management system has been developed for a new coal mine; or

(b)it is proposed to change a safety and health management system at an existing coal mine.

(2)The site senior executive must review the principal hazard management plans and standard operating procedures in consultation with coal mine workers affected by the plans and operating procedures.

Maximum penalty—200 penalty units.

(3)The review under subsection (2) must take place—

(a)for a new coal mine—as soon as practicable after the start of coal mining operations; or

(b)for a change at an existing coal mine—before the change happens.

pt 4 div 3A hdg ins 2014 No. 64 s 206

64CApplication of div 3A

(1)This division applies to a coal mine if—

(a)coal mining operations at the coal mine are carried out, or are to be carried out, in any of the following areas (each an overlapping area)—

(i)the area of—

(A)a petroleum authority under the Petroleum and Gas (Production and Safety) Act 2004; or

(B)an authority to prospect, petroleum lease, or water monitoring authority, under the Petroleum Act 1923;

(ii)an area adjacent to an area mentioned in subparagraph (i);

(iii)the area of a petroleum resource authority to which the Common Provisions Act, chapter 4 applies; and

(b)the coal mining operations physically affect, or may physically affect, the safety of persons or plant in the overlapping area.

(2)This division does not apply to a coal mine if coal mining operations at the coal mine are carried out, or are to be carried out, under a coal mining lease to which the Mineral Resources Regulation 2013, chapter 2, part 4, division 4 applies.

s 64C ins 2014 No. 64 s 206

amd 2018 No. 24 s 5

64DDefinitions for div 3A

In this division—

arbitration, of a dispute, means arbitration of the dispute under the Common Provisions Act, chapter 5, part 3.

s 64D def arbitration amd 2020 No. 14 s 218 sch 1

authorised activities operating plant means an operating plant under the Petroleum and Gas (Production and Safety) Act 2004, section 670(6).

joint interaction management plan see section 64E(1)(a).

operating plant see the Petroleum and Gas (Production and Safety) Act 2004, section 670.

operator, of an operating plant, see the Petroleum and Gas (Production and Safety) Act 2004, section 673.

s 64D ins 2014 No. 64 s 206

64ERequirement for joint interaction management plan

(1)The site senior executive for the coal mine must—

(a)before carrying out coal mining operations in the overlapping area, make a plan for the mine that complies with section 64F (a joint interaction management plan); and

(b)before making the plan—

(i)make reasonable attempts to consult with the operator of each authorised activities operating plant in the overlapping area to jointly identify, analyse and assess risks and hazards in the overlapping area; and

(ii)have regard to any reasonable provisions for the plan, relating to the management of the risks and hazards, that are proposed by the operators within 20 days after receiving a copy of the proposed plan; and

(iii)either—

(A)reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or

(B)apply for arbitration of the dispute under subsection (3) or (4); and

(c)comply with the plan.

Maximum penalty—500 penalty units.

(2)For subsection (1)(b)(i), the site senior executive is taken to have made reasonable attempts to consult with the operator of an authorised activities operating plant if—

(a)the site senior executive gives the operator a copy of the proposed plan; and

(b)the operator has not, within 20 days after being given the copy, made any proposal to the site senior executive about the provisions for the plan.

(3)If the site senior executive and the operator of an authorised activities operating plant can not agree on the content of a proposed plan within 3 months after the operator receives a copy of the proposed plan, the site senior executive must apply for arbitration of the dispute.

(4)Despite subsection (3), either party may apply for arbitration of the dispute at any time.

s 64E ins 2014 No. 64 s 206

64FContent of joint interaction management plan

(1)A joint interaction management plan must—

(a)be stored or kept together with the other parts of the safety and health management system for the coal mine; and

(b)identify, if any, each IMA, RMA and SOZ in the overlapping area; and

(c)identify the hazards and assess the risks to be controlled that—

(i)are, or may be, created by the coal mining operations or petroleum activities carried out in the overlapping area; and

(ii)affect, or may be likely to affect, the safety and health of persons in the overlapping area; and

(d)for each risk—identify the triggers or material changes, or likely triggers or material changes, that—

(i)must be monitored to ensure the safety and health of persons in the overlapping area; and

(ii)will require the plan to be reviewed; and

(e)for each trigger or material change identified under paragraph (d)—

(i)state the response procedures and times; and

(ii)state the type of action required for the response; and

Examples of action that may be required—

1a risk analysis

2notice to the operator of an operating plant in the overlapping area of—

(a)a drop in hydrostatic pressure that may show a potential hazard to persons carrying out authorised activities under a petroleum lease; or

(b)a change in water level that may indicate differences in fluid interconnections with an adjacent petroleum lease

(iii)state the reporting procedures; and

(f)if there is proposed, or there is likely to be, interaction with other persons in the overlapping area—

(i)describe the proposed or likely interactions and how they will be managed; and

(ii)identify the specific risks that may arise as a result of the proposed or likely interactions and how the risks will be controlled; and

(iii)identify the safety responsibilities of each person; and

(iv)state the name of the operator and any other person responsible under the Petroleum and Gas (Production and Safety) Act 2004 for each operating plant; and

(g)describe the way in which the plan will be reviewed and revised, including ongoing consultation with the persons mentioned in paragraph (f); and

(h)describe the way in which details of any new site senior executive, or other senior person in the management structure, will be communicated to all operators of operating plants in the overlapping area; and

(i)include any other information prescribed by regulation.

(2)A regulation may prescribe a guide of potential hazards that may be created by coal mining operations in relation to exploring for or producing coal seam gas or petroleum (the potential hazard guide).

(3)The potential hazard guide must be referred to for help in identifying the hazards and assessing the risks mentioned in subsection (1)(c) but is not intended to be exhaustive.

(4)To remove any doubt, it is declared that a joint interaction management plan may apply to more than 1 overlapping area.

s 64F ins 2014 No. 64 s 206

64GNotification of making of joint interaction management plan

As soon as practicable after making a joint interaction management plan, and before carrying out coal mining operations in the overlapping area, the site senior executive for the coal mine must notify the chief inspector that the plan has been made.

Maximum penalty—40 penalty units.

s 64G ins 2014 No. 64 s 206

64HReview

(1)This section applies if—

(a)it is proposed to change a joint interaction management plan; or

(b)a change at the coal mine is likely to give rise to an additional risk to safety or health in the overlapping area; or

(c)any of the following circumstances exist—

(i)an additional risk to safety or health in the overlapping area is identified;

(ii)consultation with coal mine workers indicates a review is necessary;

(iii)a risk control measure did not control the risk it was intended to control to an acceptable level.

(2)For subsection (1)(b), a change at the coal mine includes—

(a)a change to the mine itself or any aspect of the mine environment; and

(b)a change to a system of work, process or procedure at the mine.

(3)The site senior executive for the coal mine must review and, if necessary, revise the joint interaction management plan.

Maximum penalty—200 penalty units.

(4)The review must take place in consultation with the operator of each authorised activities operating plant in the overlapping area and coal mine workers to the extent they are affected by the matters under review.

Maximum penalty—200 penalty units.

(5)The review must take place—

(a)for subsection (1)(a) or (b)—before the change to the joint interaction management plan is made; or

(b)for subsection (1)(c)—as soon as possible after the circumstance exists.

Maximum penalty—200 penalty units.

(6)A revision of the plan under subsection (3) must be recorded on the plan.

Maximum penalty—200 penalty units.

(7)If the site senior executive and the operator for an authorised activities operating plant in the overlapping area can not agree on the content of a revision of the plan, either party may apply for arbitration of the dispute.

s 64H ins 2014 No. 64 s 206

64IAvailability of joint interaction management plan

(1)The site senior executive for the coal mine must make available for inspection, by persons in the overlapping area, a copy of the joint interaction management plan.

Maximum penalty—100 penalty units.

(2)The site senior executive for the coal mine must give a copy of the joint interaction management plan to a person whose work in the overlapping area is affected by the requirements of the plan and who requests a copy of it.

Maximum penalty—100 penalty units.

(3)The site senior executive for the coal mine must give a copy of the joint interaction management plan to a person who employs persons at the coal mine whose work is affected by the plan’s requirements.

Maximum penalty—200 penalty units.

s 64I ins 2014 No. 64 s 206

65Changes in management structure to be reported to an inspector

The site senior executive for a coal mine must give notice of any change in the management structure at the mine to the inspector for the region in which the mine is situated within 14 days after the change happens.

Maximum penalty—50 penalty units.

66Management structure to be recorded in the mine record

(1)The site senior executive for a coal mine must enter in the mine record details of—

(a)the management structure and of the persons holding positions in the structure at the mine; and

(b)changes to the management structure.

Maximum penalty—50 penalty units.

(2)The details must be entered within 7 days after the establishment of, or changes to, the management structure.

67Plans of coal mine workings

(1)A site senior executive for a coal mine must keep at the mine—

(a)plans showing, as far as practicable—

(i)the extent of the mine workings and the current position of any part of the mine workings; and

(ii)for an underground mine, the significant topographical features on the surface above the mine; and

(b)plans showing the extent of mining undertaken at or near the mine; and

(c)information likely to be required to evaluate the effect of the mine on—

(i)the safety of adjoining coal mines; and

(ii)any potential uncontrolled flow of material into the mine workings; and

(d)information likely to be required to evaluate the effect of any adjoining mine on the safety of the mine; and

(e)if part 4, division 3A applies—plans showing each of the following for the overlapping area if identified in an agreed joint development plan—

(i)the IMA;

(ii)the RMA;

(iii)the FMA;

(iv)the SOZ.

Maximum penalty—100 penalty units.

(2)A site senior executive for a coal mine must produce to the chief inspector, before 31 December each year, plans showing the extent of the mine workings.

Maximum penalty—100 penalty units.

(3)Also, a site senior executive for a coal mine, if asked by an inspector, inspection officer or industry safety and health representative, must produce to the inspector, officer or representative plans showing the extent of the mine workings or the current position of any part of the mine workings and the information mentioned in subsection (1)(c) and (d).

Maximum penalty—100 penalty units.

(4)If a coal mine is abandoned, the person who was the coal mine operator for the mine immediately before the abandonment must, within 14 days after the abandonment, give the chief inspector plans showing the extent of mining undertaken at the mine.

Maximum penalty—200 penalty units.

(5)A site senior executive of a mine must, as soon as reasonably practicable, provide information mentioned in subsection (1)(c) or (d) to the site senior executive of an adjoining mine—

(a)if asked by the site senior executive of the adjoining mine; or

(b)if the information is relevant to the safety of the adjoining mine.

Maximum penalty—100 penalty units.

(6)The accuracy of the plans mentioned in this section must be certified by—

(a)for a surface mine—

(i)a person registered, under the Surveyors Act 2003, as a surveyor with a registration endorsement of ‘mining (A)’ or ‘mining (O)’; or

(ii)a person with other competencies for surface mining surveying the committee considers is at least equivalent to the competencies mentioned in subparagraph (i); or

(b)for an underground mine—

(i)a person registered, under the Surveyors Act 2003, as a surveyor with a registration endorsement of ‘mining (A)’; or

(ii)a person with other competencies for underground mining surveying the committee considers is at least equivalent to the competencies mentioned in subparagraph (i).

(7)A reference in this section to plans is a reference to plans as certified under subsection (6).

(8)In this section—

agreed joint development plan see the Common Provisions Act, section 103.

s 67 amd 2002 No. 25 s 11; 2003 No. 70 s 206 sch 2; 2010 No. 17 s 17 sch; 2011 No. 2 s 10; 2014 No. 64 s 207

68Mine record

(1)A coal mine operator for a coal mine must keep a mine record that includes—

(a)all reports of, and findings and recommendations resulting from inspections, investigations and audits carried out at the mine under this Act; and

(b)all directives issued under this Act to the coal mine operator and the operator’s agents or representatives; and

(c)a record of all remedial actions taken as a result of directives issued under this Act; and

(d)a record of and reports about all serious accidents and high potential incidents that have happened at the mine; and

(e)all other reports or information that may be prescribed under a regulation for this section.

Maximum penalty—200 penalty units.

(2)For subsection (1), a matter must be kept in the mine record for 7 years after the matter is included in the record.

(3)Subsection (2) applies whether the matter was included under this Act or the repealed Coal Mining Act 1925.

(4)The coal mine operator must ensure the mine record, relating to at least the previous 6 months, is available at all reasonable times for inspection by each of the following—

(a)coal mine workers employed at the mine;

(b)the site senior executive.

Maximum penalty—200 penalty units.

(5)If a person (the former operator) who is the coal mine operator for a mine is replaced by another person (the new operator) as the coal mine operator for the mine, the former operator must give the new operator the mine record for the mine as soon as practicable after being replaced.

Maximum penalty—200 penalty units.

(6)A person must not destroy, deface or alter the mine record so that it is no longer a correct and complete record.

Maximum penalty—400 penalty units.

s 68 amd 2011 No. 2 s 11

69Display of reports and directives

The site senior executive for a coal mine must display a copy of current directives and reports of inspections carried out at the mine under this Act in 1 or more conspicuous positions at the mine in a way likely to come to the attention of coal mine workers at the mine affected by the directive or report.

Maximum penalty—100 penalty units.

69ATraining and assessment record check

(1)This section applies if—

(a)a site senior executive employs a coal mine worker at a coal mine; and

(b)the coal mine worker has previously been employed at another coal mine.

(2)The site senior executive may ask the coal mine operator for the other coal mine to give the site senior executive a copy of that part of the other coal mine’s safety and health management system relating to records of training and assessment given to, and undertaken by, the coal mine worker.

(3)The coal mine operator for the other coal mine must comply with the request within 30 days.

Maximum penalty—200 penalty units.

s 69A ins 2011 No. 2 s 12

70Responsibility for protecting abandoned coal mines

(1)If a coal mine is abandoned, the person who was the coal mine operator for the mine immediately before the abandonment must ensure at the time of abandonment that the abandoned coal mine is safe and made secure.

Maximum penalty—800 penalty units.

(2)If the coal mine operator does not comply with subsection (1), the holder for the coal mine must ensure the abandoned coal mine is safe and made secure.

Maximum penalty—800 penalty units.

(3)Without limiting subsection (1) or (2), while the holder is the holder for the coal mine the holder must ensure the mine is safe and made secure.

Maximum penalty—800 penalty units.

(4)If an abandoned coal mine is not safe and made secure, the CEO may make it safe and secure and recover the cost of making it safe and secure from the person with the obligation to ensure the mine is safe and made secure.

(5)A conviction under this section, with or without penalty, does not affect the CEO’s ability to recover the cost of making the mine safe and secure.

(6)In this section—

environmental authority see the Environmental Protection Act 1994, schedule 4.

holder, for a coal mine, includes the holder of an environmental authority to carry out on-site activities for land on which the coal mine is located.

s 70 amd 2016 No. 32 s 19; 2020 No. 10 s 139 sch 2

71Purpose of recognised standards

A standard may be made for safety and health (a recognised standard) stating ways to achieve an acceptable level of risk to persons arising out of coal mining operations.

72Recognised standards

(1)The Minister may make recognised standards.

(2)The Minister must notify the making of a recognised standard by gazette notice.

(3)The CEO must publish on a Queensland government website each recognised standard and any document applied, adopted or incorporated by the standard.

(4)In this section—

Queensland government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.

s 72 amd 2020 No. 10 s 76

73Use of recognised standards in proceedings

A recognised standard is admissible in evidence in a proceeding under this Act if—

(a)the proceeding relates to a contravention of a safety and health obligation imposed on a person under part 3; and

(b)it is claimed that the person contravened the obligation by failing to achieve an acceptable level of risk; and

(c)the recognised standard is about achieving an acceptable level of risk.

74Purposes of pt 6

The main purposes of this part are to provide for the establishment of a coal mining safety and health advisory committee and to state its functions.

s 74 amd 2010 No. 17 s 17 sch

pt 6 div 2 hdg amd 2010 No. 17 s 17 sch

75Coal mining safety and health advisory committee

The coal mining safety and health advisory committee (the committee) is established.

s 75 amd 2010 No. 17 s 17 sch

76Primary function of committee

(1)The primary function of the committee is to give advice and make recommendations to the Minister about promoting and protecting the safety and health of persons at coal mines and persons who may be affected by coal mining operations.

(2)Without limiting subsection (1), the committee must discharge its primary function by periodically reviewing the effectiveness of the control of risk to any person from coal mining operations.

s 76 amd 2010 No. 17 s 19; 2020 No. 10 s 78

76AOther functions of committee

The committee also has the following functions—

(a)recognising, establishing and publishing the following competencies—

(i)the competencies accepted by the committee as qualifying a person to perform the tasks prescribed by regulation;

(ii)the safety and health competencies required to perform the duties of a person under this Act;

(b)developing a 5-year strategic plan for improving the safety and health of persons at coal mines and persons who may be affected by coal mining operations;

(c)periodically evaluating, and at least once each year updating, the 5-year strategic plan;

(d)developing action plans to achieve measurable targets set in the 5-year strategic plan;

(e)obtaining information from RSHQ to assess the fulfilment of the 5-year strategic plan and the action plans mentioned in paragraph (d);

(f)identifying and prioritising critical risks to the safety and health of persons at coal mines and persons who may be affected by coal mining operations;

(g)providing advice to the coal mining industry about the risks mentioned in paragraph (f);

(h)providing information to the Minister about the performance of RSHQ.

s 76A ins 2020 No. 10 s 79

77Annual report

(1)As soon as practicable, but within 4 months, after the end of each financial year, the commissioner, as chairperson of the committee, must prepare and give to the Minister a report on the committee’s operations for the year.

(2)The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving it.

s 77 amd 2009 No.16 s 7; 2010 No. 17 s 17 sch

pt 6 div 3 hdg amd 2010 No. 17 s 17 sch

78Membership of committee

(1)The committee is to consist of 10 members, 1 of whom is the chairperson.

(2)The chairperson of the committee is the commissioner.

s 78 amd 2007 No. 46 s 7; 2009 No.16 s 8; 2010 No. 17 s 17 sch; 2018 No. 28 s 21

79Organisations to submit names to Minister

(1)The following organisations, within 1 month of being asked to do so by the Minister, may submit a panel of names of individuals experienced in coal mining operations the organisations nominate to be members of the committee—

(a)organisations representing coal mine operators;

(b)industrial organisations representing coal mine workers.

(2)Only 1 panel may be submitted by all organisations representing coal mine operators.

(3)Only 1 panel may be submitted by all industrial organisations representing coal mine workers.

(4)Each panel must include 6 or more names.

s 79 amd 2007 No. 46 s 8; 2010 No. 17 s 17 sch

80Appointment of members

(1)The Minister must appoint 3 persons from each panel to be members of the committee.

(2)One of the persons appointed from the panel submitted by industrial organisations representing coal mine workers must be a member of the industrial organisation that represents the majority of the coal mine workers in Queensland.

(3)The chief inspector is to be a member of the committee.

(3A)The Minister must appoint 2 other inspectors to be members of the committee.

(4)The Minister may appoint a person under subsection (1) only if the person is experienced in coal mining operations.

(5)In selecting a person for appointment under subsection (1), the Minister must also consider the following in relation to the person—

(a)breadth of experience in the coal mining industry;

(b)demonstrated commitment to promoting safety and health standards in the coal mining industry;

(c)practical knowledge of the coal mining industry and of relevant legislation.

(6)If a panel of names is not submitted to the Minister within the stated time, the Minister may appoint 3 persons the Minister considers appropriate to be members of the committee.

(7)The members who are not inspectors must be appointed under this Act and not under the Public Service Act 2008.

s 80 amd 2007 No. 46 s 9; 2009 No. 25 s 83 sch; 2010 No. 17 s 17 sch; 2018 No. 28 s 22

81Duration of appointment

A member of the committee may be appointed, or re-appointed, by the Minister under section 80(1) for a term of not more than 3 years.

s 81 amd 2007 No. 46 s 10; 2010 No. 17 s 17 sch

82Conditions of appointment

(1)A member of the committee is not entitled to any remuneration, other than the reimbursement of reasonable expenses and travel allowance.

(2)A member holds office on the conditions not provided by this Act that are decided by the Governor in Council.

s 82 amd 2010 No. 17 s 20

83Member ceasing as member

The office of a member of the committee becomes vacant if the member—

(a)finishes a term of office and is not reappointed; or

(b)resigns by notice of resignation given to the Minister; or

(c)is absent from 3 consecutive meetings of the committee without leave of the committee and without reasonable excuse; or

(d)is removed from office by the Minister for any reason or none.

s 83 amd 2010 No. 17 s 17 sch

83ASubstitute members

(1)The Minister may appoint 2 persons (substitute members) from each panel submitted under section 79(1), in addition to the persons appointed under section 80(1), to take part in meetings of the committee in place of a member (original member) appointed from the same panel.

(2)One of the persons appointed from the panel submitted by industrial organisations representing coal mine workers must be a member of the industrial organisation that represents the majority of the coal mine workers in Queensland.

(3)When appointing a substitute member, the Minister must consider the matters mentioned in section 80(5)(a), (b) and (c).

(4)A substitute member may be appointed, or re-appointed, for a term of not more than 3 years.

(5)A person stops being a substitute member if, for any reason or none, the Minister gives the person written notification that the person is no longer a substitute member.

(6)While taking part in a meeting in place of an original member, a substitute member is a member of the committee and—

(a)is not entitled to any remuneration, other than the reimbursement of reasonable expenses and travel allowance; and

(b)is subject to the conditions, mentioned in section 82(2) and applying to the original member, that are capable of applying to the substitute member.

s 83A ins 2007 No. 46 s 11

amd 2010 No. 17 ss 17 sch, 21

84Times and places of committee meetings

(1)The committee may hold its meetings at the times and places it decides.

(2)However, the committee must meet at least twice a year.

(3)The chairperson—

(a)may call a meeting of the committee at any time; and

(b)must call a meeting if asked by at least 4 members.

(4)Also, the Minister may call a meeting of the committee at any time.

s 84 amd 2010 No. 17 s 17 sch

85Presiding at meetings of the committee

(1)The chairperson must preside at all meetings of the committee at which the chairperson is present.

(2)In the absence of the chairperson, an inspector nominated by the chairperson presides.

s 85 amd 2010 No. 17 s 17 sch

86Quorum and voting at meetings of the committee

(1)At a meeting of the committee—

(a)4 members constitute a quorum; and

(b)a question must be decided by a majority of the votes of the members present and voting; and

(c)each member present has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.

(2)A quorum must include—

(a)a member who represents coal mine operators; and

(b)a member who represents coal mine workers; and

(c)a member who represents inspectors.

s 86 amd 2010 No. 17 s 17 sch

87Recommendation to Minister if vote not unanimous

(1)If the committee gives advice or makes a recommendation to the Minister about a matter, the committee must advise the Minister whether the committee’s decision about the matter was unanimous.

(2)If the decision was not unanimous, the committee must advise the Minister of the views of the minority.

s 87 amd 2010 No. 17 s 17 sch

88Taking part in meetings by telephone etc.

(1)The committee may permit members to take part in a particular meeting, or all meetings, by any technology permitting contemporaneous communication with other committee members.

(2)A member who takes part in a meeting of the committee under a permission under subsection (1) is taken to be present at the meeting.

s 88 amd 2010 No. 17 s 17 sch

89Resolutions without meetings

(1)If at least 6 members of the committee sign a document containing a statement that they are in favour of a resolution stated in the document, the resolution is taken to have been passed at a meeting of the committee held on the day when the last of the members signing the document signs the document.

(2)However, the 6 members must include—

(a)a member who represents coal mine operators; and

(b)a member who represents coal mine workers; and

(c)a member who represents inspectors.

(3)If a resolution is, under subsection (1), taken to have been passed at a committee meeting, each member must be advised immediately of the matter and be given a copy of the terms of the resolution.

(4)For subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more members, are taken to be a single document.

s 89 amd 2010 No. 17 s 17 sch

90Minutes by the committee

The committee must keep minutes of its proceedings.

s 90 amd 2010 No. 17 s 17 sch

91Subcommittees

The committee may appoint subcommittees to advise it on particular issues.

s 91 sub 2010 No. 17 s 22

92Purposes of pt 7

The main purposes of this part are to provide for the election of site safety and health representatives and to state their functions and powers.

93Election of site safety and health representatives

(1)The coal mine workers at a coal mine may elect up to 2 of their number to be site safety and health representatives for the mine for the term decided by the coal mine workers.

(2)If there is more than 1 site senior executive at a coal mine, the coal mine workers in each part of the mine for which a site senior executive has responsibility may elect 2 coal mine workers to be site safety and health representatives for each part for the term decided by the coal mine workers.

(3)A person elected under subsection (1) or (2), becomes a site safety and health representative only if the person holds the appropriate safety and health competencies accepted by the committee for a site safety health representative.

(4)When performing functions or exercising powers under this part, a site safety and health representative is taken to be performing part of the coal mine worker’s duties as a coal mine worker.

s 93 amd 2010 No. 17 s 17 sch

94Further election if site safety and health representative not available

(1)If a site safety and health representative is not available when a coal mine operation is considered unsafe by affected coal mine workers, coal mine workers at the mine or part of the mine may elect 2 coal mine workers who are practical miners to inspect the coal mining operation.

(2)A person elected under subsection (1) is taken to be a site safety and health representative for the period—

(a)a site safety and health representative is not available; and

(b)the coal mining operation is considered unsafe by affected coal mine workers.

95Person must be qualified to act as site safety and health representative

(1)A person must not act as a site safety and health representative unless the person holds the competencies mentioned in section 93(3).

Maximum penalty—40 penalty units.

(2)Subsection (1) does not apply to a person elected under section 94.

(3)A site safety and health representative must perform the functions and exercise the powers of a site safety and health representative under this Act for safety and health purposes and for no other purpose.

Maximum penalty for subsection (3)—40 penalty units.

96Ceasing to be a site safety and health representative

A coal mine worker stops being a site safety and health representative if the worker—

(a)tells the site senior executive that the worker resigns as site safety and health representative; or

(b)stops being a worker at the mine; or

(c)is removed from office by a vote of coal mine workers.

97Removal from office by Minister

(1)The Minister may remove a site safety and health representative from office by notice if the Minister considers the representative is not performing the representative’s functions satisfactorily.

(2)The notice must contain the Minister’s reasons for removing the site safety and health representative from office.

98Election after removal from office

(1)If a site safety and health representative is removed from office by the Minister, another site safety and health representative may be elected under this division.

(2)However, another person must not be elected to be a site safety and health representative until after—

(a)the time for filing an appeal under part 14, division 1 has ended; or

(b)if an appeal against the Minister’s decision has been filed—an Industrial Magistrates Court has confirmed the Minister’s decision to remove the site safety and health representative.

(3)The provisions of this division apply to the election.

99Functions of site safety and health representatives

(1)A site safety and health representative for a coal mine has the following functions—

(a)to inspect the coal mine to assess whether the level of risk to coal mine workers is at an acceptable level;

(b)to review procedures in place at the coal mine to control the risk to coal mine workers so that it is at an acceptable level;

(c)to detect unsafe practices and conditions at the coal mine and to take action to ensure the risk to coal mine workers is at an acceptable level;

(d)to investigate complaints from coal mine workers at the mine regarding safety or health.

(2)The site senior executive and supervisors at the coal mine must give reasonable help to a site safety and health representative in carrying out the representative’s functions.

Maximum penalty—40 penalty units.

(3)The site senior executive or the site senior executive’s representative may accompany the site safety and health representative during an inspection.

(4)A site safety and health representative who makes an inspection of the coal mine must—

(a)make a written report on the inspection; and

(b)give a copy of the report to the site senior executive; and

(c)if the inspection indicates the existence or possible existence of danger, immediately—

(i)notify the site senior executive or the responsible supervisor; and

(ii)send a copy of the report to an inspector.

(5)If a site safety and health representative believes a safety and health management system is inadequate or ineffective, the representative must inform the site senior executive.

(6)If the site safety and health representative is not satisfied the site senior executive is taking the action necessary to make the safety and health management system adequate and effective, the representative must advise an inspector.

(7)The inspector must investigate the matter and report the results of the investigation in the mine record.

100Powers of site safety and health representative

A site safety and health representative for a coal mine has the following powers—

(a)to enter any area of the coal mine at any time to carry out the functions of the site safety and health representative, if reasonable notice is given to the site senior executive or the site senior executive’s representative;

(b)to examine any documents relevant to safety and health held by the site senior executive under this Act, if the site safety and health representative has reason to believe the documents contain information required to assess whether procedures are in place at the coal mine to achieve an acceptable level of risk to the coal mine workers.

101Stopping of operations by site safety and health representatives

(1)This section applies if a site safety and health representative reasonably believes a danger to the safety or health of coal mine workers exists because of coal mining operations.

(2)The safety and health representative may, by written report to the site senior executive stating the reasons for the representative’s belief, order the suspension of coal mining operations.

(3)If the site safety and health representative reasonably believes there is immediate danger to the safety and health of coal mine workers from coal mining operations, the representative may—

(a)stop the operations and immediately advise the supervisor in charge of the operations; or

(b)require the supervisor in charge of the operations to stop the operations.

(4)The site safety and health representative must give a written report to the site senior executive about the action taken under subsection (3) and the reasons for the action.

102Effect of report

If the site senior executive receives a report under section 101(2), the site senior executive must stop the coal mining operations mentioned in the report.

Maximum penalty—200 penalty units.

103Site senior executive not to restart operations until risk at an acceptable level

The site senior executive must ensure that the coal mining operations stopped under section 101 are not restarted until the risk to coal mine workers from the operations is at an acceptable level.

Maximum penalty—200 penalty units.

104Site safety and health representative not to unnecessarily impede production

A site safety and health representative must not unnecessarily impede production at a coal mine when exercising the representative’s powers or performing the representative’s functions.

Maximum penalty—200 penalty units.

105Protection of site safety and health representatives performing functions

A coal mine operator, site senior executive, contractor or other supervisor must not—

(a)prevent or attempt to prevent a site safety and health representative from performing his or her functions; or

(b)penalise a safety and health representative for performing his or her functions.

Maximum penalty—200 penalty units.

106Site senior executive to tell site safety and health representatives about certain things

(1)A site senior executive for a coal mine must tell a site safety and health representative at the mine about the following things—

(a)an injury or illness to a person from coal mining operations that causes an absence from work of the person;

(b)a high potential incident happening at the coal mine;

(c)any proposed changes to the coal mine, or plant or substances used at the coal mine, that affect, or may affect, the safety and health of persons at the mine;

(d)the presence of an inspector or inspection officer at the coal mine if the representative is at the mine;

(e)a directive given by an inspector, inspection officer or industry safety and health representative about a matter.

Maximum penalty—40 penalty units.

(2)For subsection (1), the site senior executive must tell each representative as soon as practicable after the thing comes to the site senior executive’s knowledge.

107Site senior executive to display identity of site safety and health representatives

(1)A site senior executive for a coal mine must display a notice as required by subsections (2) and (3) advising the identity of each site safety and health representative for the mine.

Maximum penalty—40 penalty units.

(2)The site senior executive must display the notice within 5 days after the site senior executive is notified of the representative’s election.

(3)The site senior executive must display the notice in 1 or more conspicuous positions at the mine in a way likely to come to the attention of workers at the mine.

108Purposes of pt 8

The main purposes of this part are to provide for the appointment of industry safety and health representatives and to state their functions and powers.

109Appointment of industry safety and health representatives

(1)The union may, after a ballot of its members, appoint up to 3 persons to be industry safety and health representatives.

(2)The persons appointed must be holders of a first or second class certificate of competency or a deputy’s certificate of competency.

(3)The appointment must be for 4 years.

110Industry safety and health representative to work full-time

An industry safety and health representative must work full-time in that capacity performing the functions of an industry safety and health representative.

111Funding of industry safety and health representative

The union must fund the industry safety and health representative for the representative’s term as industry safety and health representative.

112Termination of appointment

(1)The Minister may end the appointment of an industry safety and health representative by notice if the Minister considers the representative is not performing the representative’s functions satisfactorily.

(2)The notice must contain the Minister’s reasons for ending the appointment of the industry safety and health representative.

113Appointment after termination

(1)If a person’s appointment as industry safety and health representative is ended by the Minister, the union may appoint another person to be industry safety and health representative.

(2)However, the union must not appoint another person to be an industry safety and health representative unless—

(a)the time for filing an appeal under part 14, division 1 has ended; or

(b)if an appeal against the Minister’s decision has been filed, an Industrial Magistrates Court has confirmed the Minister’s decision to end the appointment of the industry safety and health representative.

(3)The provisions of this division about appointment apply to the appointment.

114Filling of temporary vacancy

(1)If a person is temporarily unable to perform the functions of an industry safety and health representative, the union may appoint a substitute for the period the person is unable to perform the functions.

(2)The provisions of this division about appointment apply to the appointment.

115Vacancy generally

The position of industry safety and health representative becomes vacant if the representative—

(a)finishes a term and is not reappointed; or

(b)resigns by notice of resignation given to the Minister; or

(c)has the representative’s appointment terminated by the Minister.

116Persons not to pretend to be industry safety and health representatives if not appointed

A person not appointed as an industry safety and health representative must not pretend to be an industry safety and health representative.

Maximum penalty—40 penalty units.

117Industry safety and health representative restricted to safety and health purposes

An industry safety and health representative must not perform a function or exercise a power of an industry safety and health representative under this Act for a purpose other than a safety and health purpose.

Maximum penalty—40 penalty units.

118Functions of industry safety and health representatives

(1)An industry safety and health representative has the following functions—

(a)to inspect coal mines to assess whether the level of risk to the safety and health of coal mine workers is at an acceptable level;

(b)to review procedures in place at coal mines to control the risk to safety and health of coal mine workers so that it is at an acceptable level;

(c)to detect unsafe practices and conditions at coal mines and to take action to ensure the risk to the safety and health of coal mine workers is at an acceptable level;

(d)to participate in investigations into serious accidents and high potential incidents and other matters related to safety or health at coal mines;

(e)to investigate complaints from coal mine workers regarding safety or health at coal mines;

(f)to help in relation to initiatives to improve safety or health at coal mines.

(2)The following persons may accompany the industry safety and health representative during an inspection—

(a)the site senior executive or a person representing the site senior executive;

(b)a site safety and health representative or a person representing the site safety and health representative.

119Powers of industry safety and health representatives

(1)An industry safety and health representative has the following powers—

(a)to make inquiries about the operations of coal mines relevant to the safety or health of coal mine workers;

(b)to enter any part of a coal mine at any time to carry out the representative’s functions, if reasonable notice of the proposed entry is given to the site senior executive or the site senior executive’s representative;

(c)to examine any documents relevant to safety and health held by persons with obligations under this Act, if the representative has reason to believe the documents contain information required to assess whether procedures are in place at a coal mine to achieve an acceptable level of risk to coal mine workers;

(d)to copy safety and health management system documents, including principal hazard management plans, standard operating procedures and training records;

(e)to require the person in control or temporarily in control of a coal mine to give the representative reasonable help in the exercise of a power under paragraphs (a) to (d);

(f)to issue a directive under section 167.

(2)A person in control or temporarily in control of a coal mine required to help the industry safety and health representative under subsection (1)(e) must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(3)If the industry safety and health representative requires access to documents for subsection (1)(c), a person with an obligation under the Act with access to the documents must produce them as soon as reasonably practicable after being asked, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

120Industry safety and health representative not to unnecessarily impede production

An industry safety and health representative must not unnecessarily impede production at a coal mine when exercising the representative’s powers or performing the representative’s functions.

Maximum penalty—100 penalty units.

121Inadequate or ineffective safety and health management systems

(1)If an industry safety and health representative believes a safety and health management system is inadequate or ineffective, the representative must advise the site senior executive stating the reasons for the representative’s belief.

(2)If the industry safety and health representative is not satisfied the site senior executive is taking the action necessary to make the safety and health management system adequate and effective, the representative must advise an inspector.

(3)The inspector must investigate the matter and report the results of the investigation in the mine record.

122Identity cards

(1)The CEO must give each industry safety and health representative an identity card.

(2)The identity card must—

(a)contain a recent photograph of the representative; and

(b)be signed by the representative; and

(c)identify the person as an industry safety and health representative under this Act.

s 122 amd 2020 No. 10 s 139 sch 2

123Failure to return identity card

A person who ceases to be an industry safety and health representative must return the person’s identity card to the CEO as soon as practicable, but within 21 days, after ceasing to be an industry safety and health representative, unless the person has a reasonable excuse.

Maximum penalty—40 penalty points.

s 123 amd 2020 No. 10 s 139 sch 2

124Production or display of identity card

(1)An industry safety and health representative may exercise a power in relation to another person only if the representative—

(a)first produces the representative’s identity card for the other person’s inspection; or

(b)has the identity card displayed so it is clearly visible to the other person.

(2)However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the industry safety and health representative must produce the identity card for the other person’s inspection at the first reasonable opportunity.

pt 9 hdg amd 2007 No. 46 s 12

125Appointments

(1)The CEO must appoint officers or employees of the public service as inspectors or inspection officers.

(2)The CEO must appoint an inspector to be chief inspector of coal mines.

s 125 amd 2020 No. 10 s 139 sch 2

126Qualifications for appointment as inspector

The CEO may appoint a person as an inspector only if the CEO considers the person has appropriate competencies and adequate experience to effectively perform an inspector’s functions under this Act.

s 126 amd 2005 No. 68 s 4; 2020 No. 10 s 139 sch 2

127Qualifications for appointment as inspection officer

The CEO may appoint a person as an inspection officer only if the CEO considers the person has appropriate competencies, or other adequate experience, to effectively perform an inspection officer’s functions under this Act.

s 127 amd 2020 No. 10 s 139 sch 2

127AAppointment conditions and limit on powers

(1)A person who is appointed as an inspector or inspection officer holds office on any conditions stated in—

(a)the person’s instrument of appointment; or

(b)a signed notice given to the person by the CEO.

(2)The instrument of appointment, a notice given to the person by the CEO or a regulation may limit the person’s functions or powers under this Act for the office.

s 127A ins 2007 No. 46 s 13

amd 2020 No. 10 s 139 sch 2

128Functions of inspectors and inspection officers

Inspectors and inspection officers have the following functions—

(a)to enforce this Act;

(b)to monitor safety and health performance at coal mines;

(c)to inspect and audit coal mines to assess whether risk to persons is at an acceptable level;

(d)to help persons to achieve the purposes of this Act by providing advice and information on how the purposes are to be achieved;

(e)to check that safety and health management systems and procedures are in place to control risk to persons affected by coal mining operations;

(f)to provide the advice and help that may be required from time to time during emergencies at coal mines that may affect the safety or health of persons;

(g)if unsafe practices or conditions at coal mines are detected, to ensure timely corrective or remedial action is being taken and, if not, require it to be taken;

(h)to investigate serious accidents and high potential incidents at coal mines;

(i)to investigate matters at coal mines that affect the successful management of risk to persons;

(j)to investigate complaints about matters relating to safety or health resulting from coal mining operations.

s 128 amd 2008 No. 33 s 42

129Further functions of inspectors

Inspectors have the following additional functions—

(a)to advise the chief inspector on safety and health at coal mines;

(b)to make recommendations to the commissioner about prosecutions under this Act.

s 129 amd 2005 No. 68 s 5; 2010 No. 17 s 17 sch

pt 9 div 2 hdg ins 2007 No. 46 s 15

129AAppointments

(1)The CEO may appoint officers or employees of the public service as authorised officers.

(2)However, the CEO may only appoint a person as an authorised officer if the person has qualifications or experience relevant to at least 1 of the following areas—

(a)occupational hygiene;

(b)ergonomics;

(c)investigating a matter under an Act.

s 129A ins 2007 No. 46 s 15

amd 2020 No. 10 s 139 sch 2

129BQualifications for appointment as authorised officer

(1)The CEO may only appoint a person as an authorised officer after deciding the functions the person may perform under this Act having regard to the person’s competencies and experience.

(2)If the CEO decides that the functions the person may perform as an authorised officer are limited because of the person’s competencies and experience, the CEO, when appointing the person as an authorised officer, must correspondingly limit the extent to which the person may perform functions or exercise powers as provided under section 129C.

s 129B ins 2007 No. 46 s 15

amd 2020 No. 10 s 139 sch 2

129CAppointment conditions and limit on functions and powers

(1)A person who is appointed as an authorised officer holds office on any conditions stated in—

(a)the person’s instrument of appointment; or

(b)a signed notice given to the person by the CEO.

(2)The instrument of appointment, a notice given to the person by the CEO or a regulation may limit the person’s functions or powers under this Act for the office.

(3)An authorised officer is also subject to the directions of the chief inspector in performing the functions or exercising the powers.

(4)This section applies despite any other provision of this Act.

s 129C ins 2007 No. 46 s 15

amd 2020 No. 10 s 139 sch 2

129DFunctions of authorised officers

Subject to sections 129B and 129C, authorised officers have the following functions—

(a)to monitor safety and health performance at coal mines;

(b)to inspect and audit coal mines to assess whether risk is at an acceptable level;

(c)to help persons to achieve the purposes of this Act by providing advice and information on how the purposes are to be achieved;

(d)to check that safety and health management systems and procedures are in place to control risk to persons affected by coal mining operations;

(e)to investigate serious accidents and high potential incidents at coal mines;

(f)to investigate matters at coal mines that affect the successful management of risk to persons;

(g)to investigate complaints about matters relating to safety or health resulting from coal mining operations;

(h)to investigate whether persons required to provide information to the CEO under this Act have provided the information and whether the information is correct.

s 129D ins 2007 No. 46 s 15

amd 2008 No. 33 s 43; 2008 No. 43 s 3; 2020 No. 10 s 139 sch 2

129EInformation about functions and powers

(1)This section applies if before exercising a power or further exercising a power in relation to a person, an authorised officer is asked by the person for information about the authorised officer’s functions or powers under the Act.

(2)The authorised officer may exercise, or continue to exercise, the power in relation to the person only if the authorised officer first produces for the person’s inspection a list of the authorised officer’s functions and powers under the Act.

s 129E ins 2007 No. 46 s 15

pt 9 div 3 hdg ins 2007 No. 46 s 15

130Identity cards

(1)The CEO must give each inspector, inspection officer and authorised officer an identity card.

(2)The identity card must—

(a)contain a recent photograph of the inspector, inspection officer or authorised officer; and

(b)be signed by the inspector, inspection officer or authorised officer; and

(c)identify the person as an inspector, inspection officer or authorised officer under this Act.

s 130 amd 2007 No. 46 s 16; 2020 No. 10 s 139 sch 2

131Failure to return identity card

A person who ceases to be an inspector, inspection officer or authorised officer must return the person’s identity card to the CEO as soon as practicable, but within 21 days, after ceasing to be an inspector, inspection officer or authorised officer, unless the person has a reasonable excuse.

Maximum penalty—40 penalty points.

s 131 amd 2007 No. 46 s 241 sch; 2020 No. 10 s 139 sch 2

132Production or display of identity card

(1)An inspector, inspection officer or authorised officer may exercise a power in relation to another person only if the inspector, inspection officer or authorised officer—

(a)first produces the inspector’s or officer’s identity card for the other person’s inspection; or

(b)has the identity card displayed so it is clearly visible to the other person.

(2)However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the inspector, inspection officer or authorised officer must produce the identity card for the other person’s inspection at the first reasonable opportunity.

s 132 amd 2007 No. 46 s 17; 2022 No. 29 s 31 sch 1

pt 9 div 4 hdg (prev div 2 hdg) renum 2007 No. 46 s 14

sub 2007 No. 46 s 18

pt 9 div 4 sdiv 1 hdg ins 2007 No. 46 s 20

132ADefinition for div 4

In this division—

officer means an inspector, an inspection officer or an authorised officer.

s 132A ins 2007 No. 46 s 20

pt 9 div 4 sdiv 2 hdg (prev sdiv 1 hdg) renum 2007 No. 46 s 19

133Entry to places

(1)An officer may enter a place if—

(a)its occupier consents to the entry; or

(b)it is a public place and the entry is made when it is open to the public; or

(c)the entry is authorised by a warrant; or

(d)it is a coal mine; or

(e)it is, or the officer reasonably suspects it is, a workplace.

(2)For subsection (1)(a), for the purpose of asking the occupier of a place for consent to enter, an officer may, without the occupier’s consent or a warrant—

(a)enter land around premises at the place to an extent that is reasonable to contact the occupier; or

(b)enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.

(3)For subsection (1)(e), an entry may be made with, or without, the consent of the person with management or control of the workplace.

(4)An officer who enters a coal mine or workplace must not unnecessarily impede production.

s 133 amd 2007 No. 46 s 241 sch; 2011 No. 18 s 404 sch 4 pt 2 div 1; 2018 No. 28 s 23

pt 9 div 4 sdiv 3 hdg (prev sdiv 2 hdg) renum 2007 No. 46 s 19

134Consent to entry

(1)This section applies if an officer intends to ask an occupier of a place to consent to the officer or another officer entering the place.

(2)Before asking for the consent, the officer must tell the occupier—

(a)the purpose of the entry; and

(b)that the occupier is not required to consent.

(3)If the consent is given, the officer may ask the occupier to sign an acknowledgement of the consent.

(4)The acknowledgement must state—

(a)the occupier has been told—

(i)the purpose of the entry; and

(ii)that the occupier is not required to consent; and

(b)the purpose of the entry; and

(c)the occupier gives the officer or other officer consent to enter the place and exercise powers under this part; and

(d)the time and date the consent was given.

(5)If the occupier signs an acknowledgement, the officer must immediately give a copy to the occupier.

(6)A court must find the occupier did not consent to an officer entering the place under this part if—

(a)an issue arises in a proceeding before the court whether the occupier of a place consented to the entry; and

(b)an acknowledgement is not produced in evidence for the entry; and

(c)it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.

s 134 amd 2007 No. 46 s 21

135Application for warrant

(1)An inspector may apply to a magistrate for a warrant for a place.

(2)The application must be sworn and state the grounds on which the warrant is sought.

(3)The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application to be given by statutory declaration.

136Issue of warrant

(1)The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—

(a)there is a particular thing or activity (the evidence) that may provide evidence of an offence against this Act; and

(b)the evidence is at the place, or may be at the place, within the next 7 days.

(2)The warrant must state—

(a)that a stated inspector may, with necessary and reasonable help and force—

(i)enter the place and any other place necessary for entry; and

(ii)exercise the inspector’s powers under this part; and

(b)the offence for which the warrant is sought; and

(c)the evidence that may be seized under the warrant; and

(d)the hours of the day or night when the place may be entered; and

(e)the date, within 14 days after the warrant’s issue, the warrant ends.

137Special warrants

(1)An inspector may apply for a warrant (a special warrant) by phone, fax, radio or another form of communication if the inspector considers it necessary because of—

(a)urgent circumstances; or

(b)other special circumstances, including, for example, the inspector’s remote location.

(2)Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.

(3)The inspector may apply for the warrant before the application is sworn.

(4)After issuing the warrant, the magistrate must immediately fax a copy (facsimile warrant) to the inspector if it is reasonably practicable to fax the copy.

(5)If it is not reasonably practicable to fax a copy to the inspector—

(a)the magistrate must tell the inspector—

(i)what the terms of the warrant are; and

(ii)the date and time the warrant was issued; and

(b)the inspector must complete a form of warrant (a warrant form) and write on it—

(i)the magistrate’s name; and

(ii)the date and time the magistrate issued the warrant; and

(iii)the terms of the warrant.

(6)The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.

(7)The inspector must, at the first reasonable opportunity, send to the magistrate—

(a)the sworn application; and

(b)if the inspector completed a warrant form—the completed warrant form.

(8)On receiving the documents, the magistrate must attach them to the warrant.

(9)A court must find the exercise of the power by an inspector was not authorised by a special warrant if—

(a)an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and

(b)the warrant is not produced in evidence; and

(c)it is not proved by the person relying on the lawfulness of the entry that the inspector obtained the warrant.

s 137 amd 2002 No. 25 s 12

138Warrants—procedure before entry

(1)This section applies if an inspector named in a warrant issued under this part for a place is intending to enter the place under the warrant.

(2)Before entering the place, the inspector must do or make a reasonable attempt to do the following things—

(a)identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s notice of appointment or other document evidencing the appointment;

(b)give the person a copy of the warrant or if the entry is authorised by a facsimile warrant or warrant form mentioned in section 137(6), a copy of the facsimile warrant or warrant form;

(c)tell the person the inspector is permitted by the warrant to enter the place;

(d)give the person an opportunity to allow the inspector immediate entry to the place without using force.

(3)However, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.

138AEntry to residential premises

Despite anything else in this division, the powers of an officer under this division in relation to entering a place are not exercisable in relation to any part of a place that is used for residential purposes other than—

(a)with the consent of the person with the management or control of the place; or

(b)under the authority conferred by a search warrant; or

(c)for the purpose only of gaining access to a suspected workplace, but only—

(i)if the officer reasonably believes no reasonable alternative access is available; and

(ii)at a reasonable time having regard to the times at which the officer believes work is being carried out at the place to which access is sought; or

(d)if the place is a coal mine.

s 138A ins 2018 No. 28 s 24

pt 9 div 4 sdiv 4 hdg (prev sdiv 3 hdg) renum 2007 No. 46 s 19

139General powers after entering coal mine or other places

(1)This section applies to an officer who enters a coal mine or other place.

(2)However, if an officer enters a place to get the occupier’s consent to enter premises, this section applies to the officer only if the consent is given or the entry is otherwise authorised.

(3)For monitoring and enforcing compliance with this Act, or for conducting an investigation under this Act, the officer may—

(a)search any part of the coal mine or other place; or

(b)inspect, measure, test, photograph or film any part of the coal mine or other place or anything at the coal mine or other place; or

(c)take a thing, or a sample of or from a thing, at the coal mine or other place for analysis or testing; or

(d)copy a document at the coal mine or other place; or

(e)take into or onto the coal mine or other place any persons, equipment and materials the officer reasonably requires for exercising a power under this division; or

(f)require a person at the coal mine or other place, to give the officer reasonable help to exercise the officer’s powers under paragraphs (a) to (e); or

(g)require a person at the coal mine or other place, to answer questions by the officer to help the officer ascertain whether this Act is being or has been complied with, or for the purpose of conducting an investigation under this Act.

(4)When making a requirement mentioned in subsection (3)(f) or (g), the officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.

s 139 amd 2007 No. 46 s 22; 2008 No. 33 s 44

140Failure to help officer

A person required to give reasonable help under section 139(3)(f) must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

s 140 amd 2007 No. 46 s 241 sch

141Failure to answer questions

(1)A person of whom a requirement is made under section 139(3)(g) must not, unless the person has a reasonable excuse, fail to comply with a requirement to answer a question.

Maximum penalty—40 penalty units.

(2)It is a reasonable excuse for an individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual or make the individual liable to a penalty.

(3)However, subsection (2) does not apply if the requirement relates to a serious accident or high potential incident.

s 141 amd 2011 No. 2 s 13

142Site senior executive must help officer

(1)An officer may require a site senior executive to help the officer in the performance of the officer’s functions.

(2)A site senior executive required to help an officer must comply with the requirement, unless the site senior executive has a reasonable excuse.

Maximum penalty—100 penalty units.

s 142 amd 2007 No. 46 s 23

pt 9 div 4 sdiv 5 hdg (prev sdiv 4 hdg) renum 2007 No. 46 s 19

143Seizing evidence at coal mine or other place

An officer who enters a coal mine or other place under this part may seize a thing at the coal mine or other place if the officer reasonably believes the thing is evidence of an offence against this Act.

s 143 amd 2007 No. 46 s 24

144Securing things after seizure

Having seized a thing, an officer may—

(a)move the thing from the place where it was seized (the place of seizure); or

(b)leave the thing at the place of seizure, but take reasonable action to restrict access to it.

Examples of restricting access to a thing—

1sealing a thing and marking it to show access to it is restricted

2sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted

s 144 amd 2007 No. 46 s 241 sch

145Tampering with things subject to seizure

If an officer restricts access to a thing seized, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an officer’s approval.

Maximum penalty—100 penalty units.

s 145 amd 2007 No. 46 s 25

146Powers to support seizure

(1)To enable a thing to be seized, an officer may require the person in control of it—

(a)to take it to a stated reasonable place by a stated reasonable time; and

(b)if necessary, to remain in control of it at the stated place for a reasonable time.

(2)The requirement—

(a)must be made by notice; or

(b)if for any reason it is not practicable to give notice, may be made orally and confirmed by notice as soon as practicable.

(3)A person of whom the requirement is made must comply with the requirement, at the person’s expense, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(4)A further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.

s 146 amd 2007 No. 46 s 241 sch

147Receipts to be given on seizure

(1)As soon as practicable after an officer seizes a thing, the officer must give a receipt for it to the person from whom it was seized.

(2)However, if for any reason it is not practicable to comply with subsection (1), the officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.

(3)The receipt must describe generally each thing seized and its condition.

(4)This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.

s 147 amd 2007 No. 46 s 241 sch

148Forfeiture

(1)A thing that has been seized under this subdivision is forfeited to the State if the officer who seized the thing—

(a)can not find its owner, after making reasonable inquiries; or

(b)can not return it to its owner, after making reasonable efforts.

(2)In applying subsection (1)—

(a)subsection (1)(a) does not require the officer to make inquiries if it would be unreasonable in the particular circumstances to make inquiries to find the owner; and

(b)subsection (1)(b) does not require the officer to make efforts if it would be unreasonable in the particular circumstances to make efforts to return the thing to its owner.

(3)Regard must be had to a thing’s nature, condition and value in deciding—

(a)whether it is reasonable to make inquiries or efforts; and

(b)if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.

s 148 amd 2007 No. 46 s 241 sch

149Return of seized things

(1)This section applies if a seized thing has some intrinsic value and is not forfeited.

(2)If the thing is not returned to its owner within 1 year after it was seized, the owner may apply to the chief inspector for its return.

(3)Within 30 days after receiving the application, the chief inspector must—

(a)if the chief inspector is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner written notice of the decision, including the grounds for retaining the thing; or

(b)otherwise—return the thing to the owner.

(4)If, at any time after the thing was seized, the chief inspector stops being satisfied there are reasonable grounds for retaining it, the chief inspector must return it to its owner.

(5)Without limiting subsections (3) and (4), there are reasonable grounds for retaining the thing if—

(a)the thing is being, or is likely to be, examined; or

(b)the thing is needed, or may be needed, for the purposes of—

(i)an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or

(ii)an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that has been started but not completed; or

(iii)an appeal from a decision in a proceeding for an offence against this Act; or

(c)it is not lawful for the owner to possess the thing.

(6)In this section—

examine includes analyse, test, measure, weigh, grade, gauge and identify.

owner, of a seized thing, includes a person who would be entitled to possession of the thing had it not been seized.

s 149 amd 2000 No. 18 s 9; 2007 No. 46 s 241 sch

sub 2014 No. 64 s 208A

150Access to things that have been seized

(1)Until a thing that has been seized is forfeited or returned, an officer must allow its owner to inspect it and, if it is a document, to copy it.

(2)Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.

(3)For this section, if an officer has required a person to take a thing to a stated place by a stated reasonable time under section 146 the officer may require the person to return the thing to the place from which it was taken.

(4)The person must return the thing at the person’s expense.

s 150 amd 2007 No. 46 s 26

pt 9 div 4 sdiv 6 hdg (prev sdiv 5 hdg) renum 2007 No. 46 s 19

151Officer may stop and secure plant and equipment

(1)If an officer believes plant or equipment at a coal mine is likely to cause serious bodily injury or create an immediate threat to health, the officer may stop the operation of the plant or equipment and prevent it from being further operated.

(2)If an officer has taken action under subsection (1), the officer must confirm the action by entry in the mine record.

(3)The site senior executive must ensure that the plant or equipment is not returned to operation until the risk to persons from the plant or equipment is at an acceptable level.

Maximum penalty for subsection (3)—200 penalty units.

s 151 amd 2007 No. 46 s 27

pt 9 div 4 sdiv 7 hdg (prev sdiv 6 hdg) renum 2007 No. 46 s 19

152Power to require name and address

(1)This section applies if—

(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.

s 152 amd 2007 No. 46 s 241 sch

153Failure 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.

s 153 amd 2007 No. 46 s 241 sch

154Power 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 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.

(8)When making a document production requirement or document certification requirement, an officer must warn the person of whom the requirement is made that it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.

s 154 amd 2007 No. 46 s 28; 2011 No. 2 s 14

155Failure 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 or make the person liable to a penalty.

s 155 amd 2007 No. 46 s 241 sch; 2011 No. 2 s 15

156Failure to certify copy of document

A person of whom a document certification requirement is made must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

157Power to require attendance of persons before an officer to answer questions

(1)An officer may require a person to attend before the officer and to answer questions—

(a)relevant to the discharge of the person’s safety and health obligations under this Act; or

(b)on safety and health matters relevant to coal mining operations; or

(c)to ascertain whether this Act is being complied with; or

(d)relevant to any action carried out by the officer under this Act.

(2)A requirement made of a person under this section to attend before an officer must—

(a)be made by notice given to the person; and

(b)state a reasonable time and place for the person’s attendance.

(3)When making a requirement under this section, the officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.

s 157 amd 2007 No. 46 s 241 sch

158Failure to comply with requirement about attendance

(1)A person of whom a requirement is made under section 157 must not, unless the person has a reasonable excuse—

(a)fail to attend before the officer at the time and place stated in the relevant notice; or

(b)when attending before the officer fail to comply with a requirement to answer a question.

Maximum penalty—40 penalty units.

(2)It is a reasonable excuse for an individual not to comply with a requirement to answer a question if complying with the requirement might tend to incriminate the individual or make the individual liable to a penalty.

(3)However, subsection (2) does not apply if the requirement relates to a serious accident or high potential incident.

s 158 amd 2007 No. 46 s 241 sch; 2011 No. 2 s 16

159Use of particular evidence in proceedings

(1)Subsection (2) applies in relation to any answer given by an individual in response to a requirement under section 139(3)(g) or 157(1).

(2)Neither the answer nor any information, document or other thing obtained as a direct or indirect result of the answer is admissible in any proceeding against the individual, other than a proceeding in which the falsity or misleading nature of the answer is relevant.

(3)If a document, produced under a document production requirement, is the personal property of an individual of whom the requirement is made and the document might incriminate the individual or make the individual liable to a penalty—

(a)the document is admissible in a proceeding against the individual for an offence under this Act; but

(b)neither the document nor anything obtained as a direct or indirect result of the individual producing the document is admissible in any other proceeding against the individual for an offence.

s 159 amd 2007 No. 46 s 241 sch

sub 2011 No. 2 s 17

pt 9 div 4 sdiv 8 hdg (prev sdiv 7 hdg) renum 2007 No. 46 s 19

160Additional powers of chief inspector

The chief inspector has the powers of an inspector and the following additional powers—

(a)to give a directive under section 172;

(b)to review, and confirm, vary or set aside, directives given by inspectors, inspection officers or industry safety and health representatives.

s 160 amd 2005 No. 68 s 6

pt 9 div 5 hdg (prev div 3 hdg) renum 2007 No. 46 s 14

161Directive may be given

A directive may be given by a person, and for a matter, mentioned in subdivision 2.

162How directive is given

(1)Other than for sections 166, 167 and 170, the directive must be given in writing to the coal mine operator for the coal mine to which the directive relates.

(2)The person giving the directive must give a copy of the directive to the site senior executive for the mine.

(3)Failure to comply with subsection (2) does not affect the validity of the directive.

163How directive is given for ss 166, 167 and 170

For sections 166, 167 and 170, a directive is to be given in the way stated in the sections.

164Directive to ensure coal mine worker competent

If an inspector believes that a particular task at a coal mine should be performed only by persons with a particular competency, the inspector may give a directive that the task be performed only by a person with the competency.

165Directive to carry out test

If an inspector reasonably suspects a risk from coal mining operations is not at an acceptable level, the inspector may give a directive to carry out stated tests to decide whether the level of risk is at an acceptable level.

166Directive to reduce risk

(1)If an inspector or inspection officer reasonably believes a risk from coal mining operations may reach an unacceptable level, the inspector or officer may give a directive to any person to take stated corrective or preventative action to prevent the risk reaching an unacceptable level.

(2)The directive may be given orally or by notice.

(3)If the directive is given orally, the person giving the directive must confirm the directive by notice to the person in control of the mine or part of the mine affected by the directive and to the relevant site senior executive.

(4)Failure to comply with subsection (3) does not affect the validity of the directive.

167Directive to suspend operations for unacceptable level of risk

(1)If an inspector, inspection officer or industry safety and health representative believes risk from coal mining operations is not at an acceptable level, the inspector, officer or representative may give a directive to any person to suspend operations in all or part of the mine.

(2)The directive may be given orally or by notice.

(3)If the directive is given orally, the person giving the directive must confirm the directive by notice to the person in control of the mine or part of the mine affected by the directive and to the relevant site senior executive.

(4)Failure to comply with subsection (3) does not affect the validity of the directive.

168Directive to review safety and health management system and principal hazard management plans

If an inspector believes the safety and health management system or a principal hazard management plan for a coal mine is ineffective, the inspector may give a directive to review the safety and health management system or the principal hazard management plan and make it effective.

169Directive to suspend operations for ineffective safety and health management system

If an inspector believes there is not an effective safety and health management system for a coal mine or part of a coal mine, the inspector may give a directive suspending operations in all or part of the mine.

170Directive to isolate site

(1)If an inspector believes it is necessary to preserve evidence after a serious accident or high potential incident, the inspector may give a directive to any person to isolate and protect the accident or incident site.

(2)The directive may be given orally or by notice.

(3)If the directive is given orally, the inspector must confirm the directive by notice to the person in control of the mine or part of the mine affected by the directive and to the relevant site senior executive.

(4)Failure to comply with subsection (3) does not affect the validity of the directive.

171Directive about separate part of the mine

(1)This section applies if part of a surface mine taken to be a separate part of a surface mine under section 21(4) is operated in a way so that it is no longer a separate part of a surface mine under section 21(4).

(2)An inspector may give a directive to a person to operate the part of the surface mine so that it is a separate part of a mine under section 21(4).

(3)If the directive is not complied with, an inspector may give a further directive suspending operations in the part of the surface mine.

172Directive to provide independent engineering study

(1)The chief inspector may give a directive to provide an independent engineering study about—

(a)risks arising out of coal mining operations; or

(b)the safety of part or all of any plant, building or structure at the mine; or

(c)a serious accident or high potential incident at the mine.

(2)The directive must state—

(a)the reasons for and objectives of the study; and

(b)that the person who undertakes the study must be a person approved by the chief inspector.

(3)For subsection (2)(b), the chief inspector may approve a person only if the person—

(a)has relevant professional qualifications and experience for the study; and

(b)is not an employee of the coal mine operator for the mine or of a contractor at the mine.

173Records must be kept

(1)An inspector, inspection officer or industry safety and health representative must keep an accurate record of all reports and directives given by the inspector, officer or representative under this Act.

(1A)An authorised officer must keep an accurate record of all reports given by the authorised officer under this Act.

(2)An inspector, inspection officer, authorised officer or industry safety and health representative must make a written report of every inspection of a coal mine made by the inspector, officer or representative under this Act.

(3)An inspector, inspection officer, authorised officer or industry safety and health representative must give the coal mine operator and the site senior executive of the mine a copy of the report as soon as practicable after making it.

s 173 amd 2007 No. 46 s 29

174Directives

(1)If an inspector, inspection officer, or industry safety and health representative has given a directive, the inspector, officer or representative—

(a)must enter it in the mine record as soon as reasonably practicable after giving it; and

(b)must state the reason for the directive in the mine record.

(2)A person to whom a directive is given must comply with the directive as soon as reasonably practicable.

Maximum penalty—800 penalty units or 2 years imprisonment.

(3)The site senior executive must enter in the mine record the action taken to comply with the directive as soon as practicable after the action is taken.

Maximum penalty—40 penalty units.

(4)The site senior executive must make copies of directives available for inspection by coal mine workers.

Maximum penalty—40 penalty units.

(5)A directive remains effective until—

(a)for a directive by an industry safety and health representative—it is withdrawn in writing by the representative or an inspector; or

(b)for a directive by the chief inspector—it is withdrawn in writing by the chief inspector; or

(c)for a directive by an inspector other than the chief inspector—it is withdrawn in writing by the inspector or another inspector; or

(d)for a directive of an inspection officer—it is withdrawn in writing by the inspection officer or an inspector; or

(e)for a directive by an industry safety and health representative, an inspection officer or an inspector and not otherwise withdrawn—the chief inspector varies or sets aside the directive after reviewing it under subdivision 4; or

(f)the Industrial Court stays, varies or sets aside the directive.

s 174 amd 2002 No. 25 s 13

175Application for review

A person who is given a directive from an inspector (other than the chief inspector), inspection officer or industry safety and health representative may apply under this division for the directive to be reviewed.

176Procedure for review

(1)The application must—

(a)be made in writing to the chief inspector; and

(b)be supported by enough information to allow the chief inspector to decide the application.

(2)The application must be made to the chief inspector within—

(a)7 days after the day on which the person received the directive; or

(b)the longer period, within 2 months after the day, the chief inspector in special circumstances allows.

(3)The chief inspector must consider the application within 7 days after receiving it and immediately advise the applicant in writing whether the chief inspector considers the applicant has complied with subsection (1).

(4)If the chief inspector does not consider the application is supported by enough information to allow the chief inspector to decide the application, the chief inspector must advise the applicant what further information the chief inspector requires.

(5)When the chief inspector is satisfied the applicant has complied with subsection (1), the chief inspector must immediately advise the applicant in writing of that fact.

177Review of directive

(1)The chief inspector must, within 14 days after giving the advice mentioned in section 176(5), review the directive and make a decision (the review decision)—

(a)to confirm the directive appealed against; or

(b)to vary or set aside the directive appealed against.

(2)The chief inspector may give a directive in substitution for a directive the chief inspector decides to set aside.

(3)Within 7 days after making the review decision, the chief inspector must give notice of the decision to the applicant.

(4)The notice must—

(a)include the reasons for the review decision; and

(b)if the notice does not set aside the directive, tell the applicant of the applicant’s right of appeal against the decision.

(5)If the chief inspector does not—

(a)review the directive within the time allowed under subsection (1); or

(b)having reviewed the directive, advise the applicant of the review decision within the time allowed under subsection (3);

the applicant may appeal against the directive under part 14.

178Stay of operation of directive

(1)If a person applies under this division for a directive to be reviewed, the person may immediately apply to the Industrial Court for a stay of the directive.

(2)The court may stay the directive to secure the effectiveness of the review and any later appeal to the court.

(3)A stay—

(a)may be given on conditions the court considers appropriate; and

(b)operates for the period fixed by the court; and

(c)may be revoked or amended by the court.

(4)The period of a stay must not extend past the time when the chief inspector reviews the directive and any later period the court allows the person to enable the person to appeal against the decision.

(5)An application made for a review of a directive affects the directive, or the carrying out of the directive, only if the directive is stayed.

(6)However, a directive under section 167 must not be stayed.

pt 9 div 6 hdg (prev div 4 hdg) renum 2007 No. 46 s 14

179False or misleading statements

(1)A person must not state anything to an inspector, inspection officer, authorised officer or industry safety and health representative the person knows is false or misleading in a material particular.

Maximum penalty—100 penalty units.

(2)It is enough for a complaint for an offence against subsection (1) to allege and prove that the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.

s 179 amd 2007 No. 46 s 30

180False or misleading documents

(1)A person must not give an inspector, inspection officer, authorised officer or industry safety and health representative a document containing information the person knows is false or misleading in a material particular.

Maximum penalty—100 penalty units.

(2)Subsection (1) does not apply to a person if the person, when giving the document—

(a)tells the inspector, inspection officer, authorised officer or industry safety and health representative, to the best of the person’s ability, how it is false or misleading; and

(b)if the person has, or can reasonably obtain, the correct information—gives the correct information.

(3)Also, a person must not make an entry in a document required or permitted to be made or kept under this Act knowing the entry to be false or misleading in a material particular.

Maximum penalty—100 penalty units.

(4)It is enough for a complaint for an offence against subsection (1) or (3) to allege and prove that the document or entry was ‘false or misleading’ to the person’s knowledge, without specifying which.

s 180 amd 2007 No. 46 s 31

181Obstructing inspectors, officers or industry safety and health representatives

(1)A person must not obstruct an inspector, inspection officer, authorised officer or industry safety and health representative in the exercise of a power, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(2)If a person has obstructed an inspector, inspection officer, authorised officer or industry safety and health representative and the inspector, officer or representative decides to proceed with the exercise of the power, the inspector, officer or representative must warn the person that—

(a)it is an offence to obstruct the inspector, officer or representative, unless the person has a reasonable excuse; and

(b)the inspector, officer or representative considers the person’s conduct an obstruction.

s 181 amd 2007 No. 46 s 32; 2018 No. 28 s 25

182Purposes of pt 10

The main purposes of this part are to provide for a board of examiners and to state its functions.

183Inspector for pt 10

In this part—

inspector includes an inspector appointed under the Mining and Quarrying Safety and Health Act 1999.

184Board of examiners

The board of examiners is established.

185Functions of board of examiners

The board of examiners has the following functions—

(a)to decide the competencies necessary for holders of certificates of competency;

(b)to assess applicants, or have applicants assessed, for certificates of competency;

(c)to grant certificates of competency to persons who have demonstrated to the board’s satisfaction the appropriate competencies necessary to hold the certificates;

(d)to ensure the competencies under this Act are consistent with the competencies required by other States for the holders of certificates of competency;

(e)to issue notices (site senior executive notices) to persons who have demonstrated to the board’s satisfaction the safety and health competencies, recognised by the committee under section 76A(a), required to perform the duties of a site senior executive for a coal mine;

(f)to perform other functions given to the board under this Act or the Mining and Quarrying Safety and Health Act 1999.

s 185 amd 2010 No. 17 s 23; 2018 No. 28 s 26; 2020 No. 10 s 139 sch 2

186Membership and conduct of board proceedings

(1)The board of examiners is to consist of a chairperson and at least 6 other members.

(2)An inspector is to be chairperson.

(3)Each member must—

(a)have at least 10 years practical experience in the mining industry; and

(b)hold a certificate of competency under this Act or the Mining and Quarrying Safety and Health Act 1999.

(3A)The following persons are members of the board of examiners—

(a)the chief inspector;

(b)the chief inspector of mines under the Mining and Quarrying Safety and Health Act 1999.

(4)In addition to the members mentioned in subsection (3A)—

(a)at least 1 member must be an inspector who holds a first class certificate of competency for an underground coal mine; and

(b)at least 1 member must be an inspector who holds a first class certificate of competency for an underground mine under the Mining and Quarrying Safety and Health Act 1999.

(5)At least 6 of the members must be currently engaged in the mining industry, of whom—

(a)at least 1 must—

(i)be employed by a coal mine operator; and

(ii)hold a first class certificate of competency for an underground coal mine; and

(b)at least 1 must—

(i)be employed by an operator under the Mining and Quarrying Safety and Health Act 1999; and

(ii)hold a first class certificate of competency for an underground mine under that Act.

(6)For subsection (5), the following persons are taken to be currently engaged in the mining industry—

(a)inspectors;

(b)industry safety and health representatives;

(c)district workers’ representatives under the Mining and Quarrying Safety and Health Act 1999.

(7)A member, other than a member mentioned in subsection (3A), may be appointed for a term of not more than 5 years.

s 186 amd 2000 No. 18 s 10; 2010 No. 17 s 24; 2018 No. 28 s 27

187Board of examiners to appoint secretary

The board of examiners must appoint a person to be secretary to the board.

188Appointment of board of examiners

(1)The members of the board of examiners, other than the members mentioned in section 186(3A), are to be appointed by the Governor in Council by gazette notice.

(2)The members who are not inspectors are appointed under this Act and not the Public Service Act 2008.

s 188 amd 2009 No. 25 s 83 sch; 2018 No. 28 s 28

189Quorum and voting at meetings of the board

At a meeting of the board of examiners—

(a)a quorum consists of half the number of members appointed to the board or, if that number is not a whole number, the next higher whole number; and

(b)a question must be decided by a majority of the votes of the members present and voting; and

(c)each member present has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.

190Presiding at meetings of the board of examiners

(1)The chairperson must preside at all meetings of the board of examiners at which the chairperson is present.

(2)In the absence of the chairperson, an inspector nominated by the chairperson presides.

(3)The inspector nominated must be a member of the board.

191Conditions of appointment

(1)A member of the board of examiners, other than a member who is an inspector, is entitled to be paid the fees and allowances decided by the Governor in Council.

(2)A member holds office on conditions not provided by this Act that are decided by the Minister.

192Proceedings of the board of examiners

(1)The way the board of examiners is to conduct its proceedings may be prescribed under a regulation.

(2)If the way the board is to conduct its proceedings is not prescribed, the board may conduct its proceedings in the way it considers appropriate.

193Subcommittees

The board may appoint subcommittees to advise it on particular issues.

s 193 sub 2010 No. 17 s 25

193ARegister to be kept by board of examiners

(1)The board of examiners must keep a register of—

(a)certificates of competency granted by the board; and

(b)site senior executive notices issued by the board; and

(c)notices of registration given by the board under a mutual recognition Act.

(2)The register must include the following information—

(a)for a certificate of competency or site senior executive notice—

(i)the name and contact details of the holder of the certificate or notice; and

(ii)details of the certificate or notice; and

(iii)the status of the certificate or notice, including, if it has been suspended, cancelled or surrendered under this Act, details of the suspension, cancellation or surrender;

(b)for a notice mentioned in subsection (1)(c)—the name and contact details of the person to whom the notice was given;

(c)any other information prescribed by regulation.

(3)The board of examiners may disclose information in the register, other than the contact details of an individual, to any person or agency.

(4)In this section—

mutual recognition Act means—

(a)the Mutual Recognition Act 1992 (Cwlth); or

(b)the Trans-Tasman Mutual Recognition Act 1997 (Cwlth).

s 193A ins 2018 No. 28 s 29

194Examiners to be qualified

A person must not assess an applicant for a certificate of competency unless the person has appropriate qualifications and experience to assess the applicant.

Maximum penalty—100 penalty units.

194ABoard of examiners may consider previous suspension, cancellation or surrender of certificate of competency or site senior executive notice

(1)This section applies if—

(a)a person has applied for the grant of a certificate of competency or site senior executive notice; and

(b)a certificate of competency or site senior executive notice previously held by the person was suspended, cancelled or surrendered under this Act.

(2)The board of examiners may have regard to the previous suspension, cancellation or surrender in deciding the application.

(3)Subsection (2) does not limit the matters to which the board of examiners may have regard in deciding the application.

s 194A ins 2018 No. 28 s 30

195Obtaining certificates of competency or site senior executive notices by fraud

(1)A person must not become, or attempt to become, the holder of a certificate of competency or site senior executive notice by giving false information to the board of examiners.

Maximum penalty—400 penalty units.

(2)The board of examiners may cancel a certificate of competency or site senior executive notice by notice to the holder if the board is satisfied that the holder obtained the certificate of competency or site senior executive notice by giving false information to the board.

(3)If the board of examiners decides to cancel a certificate of competency or site senior executive notice, the board must give notice of the decision to the following persons, to the extent the persons are known to the board—

(a)for a decision relating to a certificate of competency—the site senior executive for each coal mine at which the holder works;

(b)for a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the holder works.

s 195 amd 2018 No. 28 s 31

196Return of certificate of competency or site senior executive notice

The holder of a certificate of competency or site senior executive notice must, unless the holder has a reasonable excuse, immediately return the certificate or notice to the board of examiners if—

(a)the board has given the holder notice under section 195(2); or

(b)an industrial magistrate suspends or cancels the certificate or notice under section 258; or

(c)the CEO suspends or cancels the certificate or notice under part 10A; or

(d)the holder surrenders the certificate or notice.

Maximum penalty—400 penalty units.

s 196 amd 2018 No. 28 s 32; 2020 No. 10 s 139 sch 2

196AEffect on particular appointments of suspension, cancellation or surrender of certificate of competency or site senior executive notice

(1)This section applies if—

(a)a certificate of competency or site senior executive notice held by a person is suspended, cancelled or surrendered under this Act; and

(b)immediately before the suspension, cancellation or surrender took effect, the person held an appointment under this Act; and

(c)this Act requires a person to hold the certificate of competency or site senior executive notice to be appointed to the position.

(2)The person’s appointment to the position ends on the suspension, cancellation or surrender of the person’s certificate of competency or site senior executive notice.

s 196A ins 2018 No. 28 s 33

197Annual report

(1)As soon as practicable, but within 4 months, after the end of each financial year, the board of examiners must prepare and give to the Minister a report on the board’s operations for the year.

(2)The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving it.

pt 10A hdg ins 2018 No. 28 s 34

amd 2020 No. 10 s 139 sch 2

197AGrounds for suspension or cancellation

(1)Each of the following is a ground for suspending or cancelling a person’s certificate of competency under this part—

(a)the person has contravened a safety and health obligation;

(b)the person has committed an offence against a law of Queensland or another State (a corresponding law) relating to mining safety;

(c)a certificate, equivalent to a certificate of competency, that was issued to the person under a corresponding law of another State has been suspended or cancelled.

(2)Each of the following is a ground for suspending or cancelling a person’s site senior executive notice under this part—

(a)the person has contravened a safety and health obligation;

(b)the person has committed an offence against a corresponding law.

s 197A ins 2018 No. 28 s 34

197BNotice of proposed action

(1)This section applies if the CEO considers there is a ground to suspend or cancel a person’s certificate of competency or site senior executive notice (the proposed action).

(2)Before taking the proposed action, the CEO must give the person a notice (a proposed action notice) stating each of the following matters—

(a)the proposed action;

(b)the ground for the proposed action;

(c)an outline of the facts and circumstances forming the basis for the ground;

(d)if the proposed action is to suspend the certificate of competency or site senior executive notice—the proposed period of the suspension;

(e)that the person may make a written submission to the CEO, within a stated period of at least 28 days, to show why the proposed action should not be taken.

s 197B ins 2018 No. 28 s 34

amd 2020 No. 10 s 139 sch 2

197CSubmission against taking of proposed action

The person may, within the period stated in the proposed action notice under section 197B(2)(e), make a written submission to the CEO to show why the proposed action should not be taken.

s 197C ins 2018 No. 28 s 34

amd 2020 No. 10 s 139 sch 2

197DDecision to take proposed action

(1)This section applies if—

(a)the period stated in the proposed action notice under section 197B(2)(e) has ended; and

(b)the CEO has considered any written submission made by the person under section 197C; and

(c)the CEO still considers a ground exists to take the proposed action.

(2)The CEO may decide—

(a)if the proposed action was to suspend the certificate of competency or site senior executive notice—to suspend the certificate or notice for no longer than the proposed period of the suspension stated in the proposed action notice; or

(b)if the proposed action was to cancel the certificate of competency or site senior executive notice—to cancel the certificate or notice or suspend it for a period.

(3)The CEO must give the person notice of the decision.

(4)The notice must state each of the following matters—

(a)the CEO’s decision;

(b)the reasons for the decision;

(c)that the person may appeal against the decision within 28 days;

(d)how the person may appeal;

(e)that the person may apply for a stay of the decision if the person appeals against it.

(5)The decision takes effect on the day the notice is given to the person.

(6)The CEO must give notice of the decision to—

(a)the following persons, to the extent the persons are known to the CEO—

(i)for a decision relating to a certificate of competency—the site senior executive for each coal mine at which the person works;

(ii)for a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the person works; and

(b)the board of examiners.

s 197D ins 2018 No. 28 s 34

amd 2020 No. 10 s 139 sch 2

pt 11 div 1 hdg amd 2008 No. 33 s 45

198Notice of accidents, incidents, deaths or diseases

(1)Subject to subsections (2) and (3), as soon as practicable after becoming aware of a serious accident, high potential incident or a death at a coal mine, the site senior executive for the coal mine must notify an inspector and an industry safety and health representative about the accident, incident or death either orally or by notice.

Maximum penalty—40 penalty units.

(2)Subsection (3) applies to—

(a)a serious accident at a coal mine resulting in a person receiving—

(i)a bodily injury endangering, or likely to endanger, the person’s life; or

(ii)an injury causing, or likely to cause, a permanent injury to the person’s health; or

(b)a high potential incident at a coal mine of a type prescribed under a regulation; or

(c)a death at a coal mine, whether or not caused by an accident at the coal mine.

(3)The site senior executive must, as soon as possible after becoming aware of the accident, incident or death, by notice or orally notify an inspector and an industry safety and health representative about the accident, incident or death in terms that include the information (the primary information) stated in subsection (3A).

Maximum penalty—40 penalty units.

(3A)For subsection (3), the primary information is all of the following—

(a)the precise location where the accident, incident or death happened;

(b)when the accident, incident or death happened;

(c)the number of persons involved in the accident, incident or death;

(d)if the notification is about a death, whether or not caused by an accident—the name of the person who died;

(e)if the notification is about a serious accident or high potential incident—

(i)the name of any person who saw the accident or incident, or who was present when the accident or incident happened; and

(ii)the name of any person who was injured as a result of the accident or incident;

(f)if no one was present when the person mentioned in paragraph (d) died or the person mentioned in paragraph (e)(ii) was injured—the name of the person who found the deceased or injured person;

(g)a brief description of how the accident, incident or death happened.

Examples of types of descriptions that may be given under paragraph (g)—

•‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’

•‘A worker fell from the top of a storage bin into the wash plant.’

(3B)If the site senior executive does not know the primary information at the time the notification is made under subsection (3), the site senior executive must—

(a)take all reasonable steps to find out the primary information as soon as possible; and

(b)as soon as possible after the primary information becomes known to the site senior executive, give the primary information to the inspector and representative.

Maximum penalty—40 penalty units.

(3C)It is not a defence in a proceeding under subsection (3) or (3B) that the giving of the primary information might tend to incriminate the site senior executive.

(3D)The primary information is not admissible in evidence against the site senior executive in any criminal proceeding.

(3E)Subsection (3D) does not prevent the primary information being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary information.

(4)If the site senior executive makes an oral report under subsection (1) or (3), the executive must confirm the report by notice within 48 hours.

Maximum penalty—40 penalty units.

(5)However, if the oral report relates to a death, the site senior executive must confirm the oral report by notice within 24 hours.

Maximum penalty—80 penalty units.

(6)As soon as practicable after receiving a report of a reportable disease, the site senior executive must give an inspector and an industry safety and health representative notice about the disease.

Maximum penalty—40 penalty units.

(7)A person prescribed by regulation who becomes aware that a coal mine worker has been diagnosed with a reportable disease must give notice of the diagnosis to the chief inspector.

Maximum penalty—40 penalty units.

(8)In this section—

reportable disease means a disease prescribed by regulation to be a disease that must be reported under this section.

s 198 amd 2002 No. 25 s 14; 2007 No. 46 s 33; 2008 No. 33 s 46; 2018 No. 28 s 35

198ARequirement to give primary information

(1)For conducting an investigation into a serious accident, high potential incident or death at a coal mine, an officer may require a person to give the officer any of the following information (primary information) about the accident, incident or death—

(a)the precise location where the accident, incident or death happened;

(b)when the accident, incident or death happened;

(c)the number of persons involved in the accident, incident or death;

(d)if the notification is about a death, whether or not caused by an accident—the name of the person who died;

(e)if the notification is about a serious accident or high potential incident—

(i)the name of any person who saw the accident or incident, or who was present when the accident or incident happened; and

(ii)the name of any person who was injured as a result of the accident or incident;

(f)if no one was present when the person mentioned in paragraph (d) died or the person mentioned in paragraph (e)(ii) was injured—the name of the person who found the deceased or injured person;

(g)a brief description of how the accident, incident or death happened.

Examples of types of descriptions that may be given under paragraph (g)—

•‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’

•‘A worker fell from the top of a storage bin into the wash plant.’

(2)When making a requirement mentioned in subsection (1), the officer must warn the person it is an offence to fail to comply with the requirement.

(3)A person required to give primary information under subsection (1) must comply with the requirement.

Maximum penalty—40 penalty units.

(4)If the officer requires the person to give the officer primary information, it is not a defence in a proceeding under subsection (3) that the giving of the primary information might tend to incriminate the person, unless, in relation to an accident or incident—

(a)the person is an involved person; and

(b)the primary information is the information mentioned in subsection (1)(g).

(5)Primary information given under subsection (1) is not admissible in evidence against the person in any criminal proceeding.

(6)Subsection (5) does not prevent the primary information being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary information.

(7)In this section—

involved person, for an accident or incident, means an individual who was directly involved in the accident or incident.

Example of an individual who is directly involved in an accident or incident—

•a member of the crew of the deceased or injured person, who was present at the accident or incident

•an individual who was operating plant involved in the accident or incident

officer means an inspector, inspection officer or an authorised officer.

s 198A ins 2008 No. 33 s 47

amd 2011 No. 2 s 18

199Place of accident must be inspected

As soon as practicable after receiving a report of a serious accident causing death at a coal mine, an inspector must inspect the place of the accident, investigate the accident to determine its nature and cause, and report the findings of the investigation to the chief inspector.

200Site not to be interfered with without permission

(1)A person must not interfere with a place at a coal mine that is the site of a serious accident or high potential incident of a type prescribed by regulation, without the permission of an inspector.

Maximum penalty—200 penalty units.

(2)Permission under subsection (1) must not be unreasonably withheld.

(3)For this division, action taken to save life or prevent further injury at a place is not interference with the place.

201Action to be taken in relation to site of accident or incident

(1)If there is a serious accident or high potential incident, the site senior executive must—

(a)carry out an investigation to decide the causes of the accident or incident; and

(b)prepare a report about the accident or incident that includes recommendations to prevent the accident or incident happening again; and

(c)if the accident or incident is a type prescribed by regulation—forward the report to an inspector within 1 month after the accident or incident.

Maximum penalty—100 penalty units.

(2)The site senior executive must ensure that the place of the accident or incident is not interfered with until—

(a)all relevant details about the accident or incident have been recorded and, if possible, photographed; and

(b)sufficient measurements have been taken to allow the development of an accurate plan of the site; and

(c)a list of witnesses to the accident or incident has been compiled.

Maximum penalty—100 penalty units.

(3)It is not a defence to a proceeding under subsection (1) that the carrying out of an investigation, preparation of a report or forwarding of the report might tend to incriminate the site senior executive or make the executive liable to a penalty.

(4)A report prepared or forwarded by the site senior executive under subsection (1) is not admissible in evidence against the site senior executive, or any other coal mine worker mentioned in the report, in any criminal proceeding other than proceedings about the falsity or misleading nature of the report.

s 201 amd 2000 No. 18 s 11; 2011 No. 2 s 19

202Minister may establish boards of inquiry

(1)The Minister may establish a board of inquiry about a serious accident or high potential incident by gazette notice.

(2)The notice, or a later gazette notice, may specify issues relevant to the inquiry including, for example, the membership of the board, who is the chairperson of the board, and its terms of reference.

(3)The Minister may exercise powers under this section for a serious accident or high potential incident—

(a)whether or not the accident or incident has been investigated by an inspector; and

(b)whether or not a board of inquiry had previously inquired into the accident or incident.

203Role of board of inquiry

(1)The board of inquiry must—

(a)inquire into the circumstances and probable causes of the relevant serious accident or high potential incident; and

(b)give the Minister a written report of the board’s findings.

(2)The report may contain the recommendations the board considers appropriate and other relevant matters.

(3)The Minister must table a copy of the report in the Legislative Assembly within 14 days after receiving the report.

(4)However, if the board gives the Minister a separate report of issues that the board considers should not be made public, the Minister need not table the separate report in the Legislative Assembly.

204Conditions of appointment

(1)A member of the board of inquiry is entitled to be paid the remuneration and allowances decided by the Governor in Council.

(2)A member holds office on conditions not provided by this Act that are decided by the Minister.

205CEO to arrange for services of staff and financial matters for board of inquiry

As soon as practicable after the board of inquiry is established, the CEO must consult with the chairperson of the board and arrange—

(a)for the services of RSHQ and other persons to be made available to the board for the conduct of the inquiry; and

(b)for financial matters relevant to the board.

s 205 amd 2020 No. 10 s 139 sch 2

206Procedure

(1)When conducting its inquiry, the board of inquiry—

(a)must observe natural justice; and

(b)must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues.

(2)In conducting the inquiry, the board—

(a)is not bound by the rules of evidence; and

(b)may inform itself in any way it considers appropriate, including by holding hearings; and

(c)may decide the procedures to be followed for the inquiry; and

(d)must give a person involved in the serious accident or high potential incident the opportunity of defending all claims made against the person.

(3)However, the board must comply with this division and any procedural rules prescribed under a regulation.

(4)The chairperson of the board presides at the inquiry.

207Notice of inquiry

The chairperson of the board of inquiry must give at least 14 days notice of the time and place of the inquiry to—

(a)any person the chairperson considers may be concerned in the serious accident or high potential incident the subject of the inquiry; and

(b)any other person the chairperson reasonably believes should be given the opportunity to appear at the inquiry.

208Inquiry to be held in public except in special circumstances

(1)The inquiry must be held in public.

(2)However, the board may, of its own initiative or on the application of a person represented at the inquiry, direct that the inquiry, or a part of the inquiry, be held in private, and give directions about the persons who may be present.

(3)The board may give a direction under subsection (2) only if it is satisfied it is proper to make the direction in the special circumstances of the case.

209Protection of members, legal representatives and witnesses

(1)A member of the board of inquiry has, in the performance of the member’s duties, the same protection and immunity as a Supreme Court judge performing the functions of a judge.

(2)A lawyer or other person appearing before the inquiry for someone has the same protection and immunity as a lawyer appearing for a party in a proceeding in the Supreme Court.

(3)A person summoned to attend or appearing before the inquiry as a witness has the same protection as a witness in a proceeding in the Supreme Court.

210Record of proceedings to be kept

The board of inquiry must keep a record of its proceedings.

211Representation

A person may be represented before the inquiry by a lawyer or agent.

212Board’s powers on inquiry

(1)In conducting the inquiry, the board may—

(a)act in the absence of any person who has been given a notice under section 207 or some other reasonable notice; and

(b)receive evidence on oath or by statutory declaration; and

(c)adjourn the inquiry; and

(d)disregard any defect, error, omission or insufficiency in a document.

(2)A member of the board may administer an oath to a person appearing as a witness before the inquiry.

213Notice to witness

(1)The chairperson of the board of inquiry may, by notice (attendance notice) given to a person, require the person to attend at the inquiry at a stated time and place to give evidence or produce stated documents or things.

(2)A person required to appear as a witness before the inquiry is entitled to the witness fees prescribed under a regulation or, if no witness fees are prescribed, the reasonable witness fees decided by the chairperson.

214Inspection of documents or things

(1)If a document or thing is produced to the board at the inquiry, the board may—

(a)inspect the document or thing; and

(b)copy or photograph the document or thing if it is relevant to the inquiry.

(2)The board may also take possession of the document or thing, and keep it while it is necessary for the inquiry.

(3)While it keeps a document or thing, the board must permit a person otherwise entitled to possession of it to inspect, copy or photograph the document or thing at a reasonable place and time the board decides.

215Inquiry may continue despite court proceedings unless otherwise ordered

The inquiry may start or continue, and a report may be prepared or given, despite a proceeding before any court or tribunal, unless a court or tribunal with the necessary jurisdiction orders otherwise.

216Offences by witnesses

(1)A person given an attendance notice must not fail, without reasonable excuse to—

(a)attend as required by the notice; or

(b)continue to attend as required by the chairperson of the board of inquiry until excused from further attendance.

Maximum penalty—30 penalty units.

(2)A person appearing as a witness at the inquiry must take an oath when required by the chairperson of the board.

Maximum penalty—30 penalty units.

(3)Also, a person appearing as a witness at the inquiry must not fail, without reasonable excuse—

(a)to answer a question the person is required to answer by a member of the board; or

(b)to produce a document or thing the person is required to produce under an attendance notice.

Maximum penalty—30 penalty units.

(4)It is a reasonable excuse for an individual to refuse to answer a question or produce a document or thing on the ground that the answer or production of the document or thing might tend to incriminate the individual or make the individual liable to a penalty.

s 216 amd 2011 No. 2 s 20

217Contempt of board

A person must not—

(a)deliberately interrupt a board of inquiry; or

(b)create or continue, or join in creating or continuing, a disturbance in or near a place where the board is conducting its inquiry; or

(c)do anything that would be contempt of court if the board were a judge acting judicially.

Maximum penalty—30 penalty units.

218Change of membership of board

The inquiry of a board of inquiry is not affected by a change in its membership.

219Purposes of pt 13

The main purposes of this part are to—

(a)ensure each coal mine operator of an underground coal mine provides a mines rescue capability for the mine; and

(b)provide for accreditation of corporations to help coal mine operators of underground coal mines provide a mines rescue capability; and

(c)provide for performance criteria for accredited corporations; and

(d)ensure accredited corporations—

(i)provide mines rescue services; and

(ii)meet the performance criteria; and

(iii)have sufficient funding to meet the performance criteria.

220Definitions for pt 13

In this part—

coal mine operator does not include the coal mine operator of a mine at which no person is employed and no work is being undertaken by a contractor.

mine does not include a mine—

(a)that has been abandoned; or

(b)at which no person is employed and no work is being undertaken by a contractor; or

(c)if it consists only of exploration activities under—

(i)an exploration permit; or

(ii)a mineral development licence where the size of the excavation is less than 50 cubic metres.

221Meaning of mines rescue capability

Mines rescue capability is the ability to provide a suitable number of trained persons and maintained equipment to allow continuous rescue operations to take place and to help the escape or safe recovery of anyone from a mine if it has, or may have, an irrespirable atmosphere.

222Meaning of mines rescue agreement

(1)A mines rescue agreement, for a coal mine operator, is—

(a)a written agreement that—

(i)has been entered into between the coal mine operator and an accredited corporation; and

(ii)if the coal mine operator is the coal mine operator of an underground mine—provides for the corporation to help the coal mine operator provide a mines rescue capability for the mine; and

(iii)remains in force; or

(b)if the coal mine operator is a member of an accredited corporation that is a company limited by guarantee, not having a capital divided into shares—the corporation’s constitution.

(2)A person is a party to a mines rescue agreement if the person is—

(a)a party to an agreement mentioned in subsection (1)(a); or

(b)a member of an accredited corporation mentioned in subsection (1)(b).

s 222 amd 2001 No. 45 s 29 sch 3

223Coal mine operator must be a party to a mines rescue agreement

A coal mine operator must be a party to a mines rescue agreement for the coal mine operator’s mine.

Maximum penalty—1,000 penalty units.

224Coal mine operator must contribute

(1)An accredited corporation may—

(a)require contributions from each coal mine operator who is a party to a mines rescue agreement with the corporation to allow the corporation to provide mines rescue services; and

(b)fix different contributions from different coal mine operators—

(i)who own the same class of mine; or

(ii)who own different classes of mine.

Examples of different classes of mine—

1underground mines

2surface mines

3bord and pillar underground mines

4longwall underground mines

5high-wall mines

(2)Subsection (1) does not limit any other obligation a coal mine operator has to pay an amount to the corporation.

(3)A coal mine operator must pay all contributions the coal mine operator is required to pay under subsection (1) at the times fixed by the corporation.

Maximum penalty—200 penalty units.

225Provision of a mines rescue capability

(1)A coal mine operator for an underground mine must provide a mines rescue capability for the mine.

Maximum penalty—1,000 penalty units.

(2)The obligation under subsection (1) is in addition to any other obligation the coal mine operator has under any law.

(3)The coal mine operator discharges the obligation by—

(a)complying with any requirement about mines rescue capability imposed on the coal mine operator under a regulation; and

(b)ensuring the site senior executive of the mine complies with any requirement about mines rescue capability imposed on the site senior executive under a regulation.

(4)The coal mine operator commits an offence against subsection (1) on each occasion that the coal mine operator contravenes subsection (3).

226Mine not to be used if ss 223–225 contravened

A person must not use a mine for mining while the coal mine operator for the mine is contravening section 223, 224 or 225 in relation to the mine.

Maximum penalty—50 penalty units.

227Accreditation

(1)A corporation may apply to the Minister for a grant of accreditation to provide mines rescue services.

(2)The Minister may grant or refuse the accreditation.

(3)However, before granting an accreditation, the Minister must be satisfied—

(a)the corporation is able—

(i)to provide mines rescue services for every underground mine; and

(ii)to comply with the performance criteria; and

(b)the Minister is able to audit or monitor the mines rescue services provided by the corporation and its compliance with the performance criteria; and

(c)if the corporation fails to provide mines rescue services or comply with the performance criteria—it has made suitable provision for the Minister to remedy the failure by—

(i)managing the corporation’s mines rescue services; and

(ii)requiring contributions for the corporation under section 224(1) to allow the Minister to manage its mines rescue services.

228Accreditation conditions

(1)The Minister may accredit a corporation on the conditions the Minister considers appropriate.

(2)A condition may provide for the following—

(a)security for the provision of mines rescue services for every underground mine and compliance with the performance criteria;

(b)enforcement of the security, even if there is a penalty or liability under this part;

(c)payment of any reasonable costs of remedying a failure by the corporation to provide mines rescue services or comply with the performance criteria.

(3)Subsection (2) does not limit the conditions the Minister may impose.

(4)In subsection (2)—

security includes mortgage, bond, insurance and surety.

229Refusal to accredit

If the Minister refuses to accredit a corporation, the Minister must give the applicant a notice within 14 days stating the following—

(a)the decision;

(b)the reasons for the decision;

(c)that the applicant may appeal against the decision to an Industrial Magistrates Court within 28 days;

(d)how the applicant may start an appeal.

230Amending, suspending or cancelling accreditations—grounds

Each of the following is a ground for amending, suspending or cancelling a corporation’s accreditation—

(a)the accreditation was obtained because of incorrect or misleading information;

(b)the corporation has not provided a mines rescue service;

(c)the corporation can not provide mines rescue services for every underground mine;

(d)the corporation has contravened the performance criteria or a condition of the accreditation;

(e)the corporation has not reported to the Minister on its compliance with the performance criteria;

(f)the corporation has committed an offence against this Act.

231Amending, suspending or cancelling accreditations—procedure

(1)If the Minister considers a ground exists to amend, suspend or cancel an accreditation (the proposed action), the Minister must give the accredited corporation notice stating the following—

(a)the proposed action;

(b)the ground for the proposed action;

(c)an outline of the facts and circumstances forming the basis for the ground;

(d)if the proposed action is to amend the accreditation, including a condition of the accreditation—the proposed amendment;

(e)if the proposed action is to suspend the accreditation—the proposed suspension period;

(f)that the corporation may show, within a stated time of at least 28 days, why the proposed action should not be taken.

(2)If, after considering all written representations made within the stated time, the Minister still considers a ground exists to take the proposed action, the Minister may—

(a)if the proposed action was to amend the accreditation—amend the accreditation; or

(b)if the proposed action was to suspend the accreditation—suspend the accreditation for no longer than the period stated in the notice; or

(c)if the proposed action was to cancel the accreditation—amend the accreditation, suspend the accreditation for a period or cancel it.

(3)The Minister must inform the corporation of the decision by notice.

(4)If the Minister decides to amend, suspend or cancel the accreditation, the notice must state the following—

(a)the decision;

(b)the reasons for the decision;

(c)that the corporation may apply within 28 days for the decision to be reviewed;

(d)how the corporation may apply for the review;

(e)that the corporation may apply for a stay of the decision if the corporation applies for a review.

(5)The decision takes effect on the later of the following—

(a)the day the notice is given to the corporation;

(b)the day stated in the notice.

(6)Subsections (1) to (5) do not apply—

(a)if the Minister proposes to amend the accreditation only—

(i)for a formal or clerical reason; or

(ii)in another way that does not adversely affect the corporation’s interests; or

(b)if the corporation asks the Minister to amend the accreditation and the Minister proposes to give effect to the request.

(7)The Minister may amend an accreditation under subsection (6) by notice given to the corporation.

232Functions

An accredited corporation has the following functions—

(a)providing the following services (mines rescue services)—

(i)helping each coal mine operator for an underground mine who is a party to a mines rescue agreement with the corporation to provide a mines rescue capability;

(ii)providing underground mines rescue training programs;

(iii)providing staff and equipment to comply with subparagraphs (i) and (ii) and the performance criteria;

(b)complying with the performance criteria;

(c)reporting to the Minister under section 234 on its compliance with the performance criteria.

233Performance criteria

(1)The mines rescue performance criteria for the provision of mines rescue services for underground mines by an accredited corporation are that the corporation—

(a)provides appropriate mines rescue training programs; and

(b)provides equipment and resources to perform its obligations under mines rescue agreements; and

(c)ensures mines rescue equipment is maintained, tested and certified to any specification by its manufacturer; and

(d)effectively performs audits or other exercises to show the corporation’s ability to respond to an emergency; and

(e)provides an effective procedure for coal mine operators to help each other in an emergency; and

(f)does anything else prescribed under a regulation.

(2)In subsection (1)—

mines rescue equipment means equipment for use in an emergency by the corporation or a coal mine operator for an underground mine who is party to a mines rescue agreement with the corporation.

234Reporting to Minister

(1)Within 1 month after the end of each financial year, each accredited corporation must give the Minister a written report about whether it complied with the performance criteria in the year.

Maximum penalty—100 penalty units.

(2)Also, the Minister may, by notice, ask an accredited corporation to give the Minister, within a stated time of at least 7 days, stated documents or information about—

(a)the corporation; or

(b)the mines rescue services provided by the corporation.

(3)The corporation must comply with the request, unless it has a reasonable excuse for not complying.

Maximum penalty—100 penalty units.

(4)An accredited corporation must not give the Minister a report, required documents or information it knows is false or misleading in a material particular.

Maximum penalty—500 penalty units.

(5)A complaint against a corporation for an offence against subsection (4) is sufficient if it states the report, required documents or information was ‘false or misleading’ in a material particular without specifying which.

235Accredited corporation must keep records

(1)An accredited corporation must keep a record of the coal mine operators who are party to a mines rescue agreement with the corporation.

(2)If a coal mine operator who is a party to a mines rescue agreement with the corporation asks, the corporation must give the coal mine operator a certificate stating—

(a)that the coal mine operator is a party to a mines rescue agreement with the corporation; and

(b)whether the coal mine operator has paid all contributions required by the corporation under section 224(1).

(3)A certificate under subsection (2) signed by an officer of the corporation is evidence of the matters stated in it.

pt 14 div 1 hdg amd 2018 No. 28 s 36; 2020 No. 10 s 139 sch 2

236Appeals against Minister’s decisions

The following persons may appeal against the Minister’s decision under the following provisions to an Industrial Magistrates Court under this division—

(a)a person who is removed from office as site safety and health representative—section 97;

(b)a person whose appointment as industry safety and health representative has been terminated—section 112;

(c)the applicant for accreditation—sections 227 and 228;

(d)the accredited corporation—section 231.

236AAppeals against CEO’s decisions

The following persons may appeal against the CEO’s decision under the following provisions to an Industrial Magistrates Court under this division—

(a)a person whose certificate of competency or site senior executive notice is suspended or cancelled by the CEO—section 197D;

(b)a corporation on which a civil penalty is imposed—section 267I.

s 236A ins 2018 No. 28 s 37

amd 2020 No. 10 s 139 sch 2

237Appeals against board of examiners’ decision

A person whose certificate is cancelled by the board of examiners under section 195 may appeal against the board’s decision to an Industrial Magistrates Court under this division.

238How to start appeal

(1)An appeal is started by the appellant—

(a)filing a notice of appeal with an Industrial Magistrates Court; and

(b)serving a copy of the notice on—

(i)if the appeal is against the Minister’s decision—the Minister; or

(ii)if the appeal is against the CEO’s decision—the CEO; or

(iii)if the appeal is against the board of examiners’ decision—the board of examiners.

(2)The notice of appeal must be filed within 28 days after the appellant receives notice of the decision appealed against.

(3)The court may at any time extend the period for filing the notice of appeal.

(4)The notice of appeal must state the grounds of the appeal.

s 238 amd 2018 No. 28 s 38; 2020 No. 10 s 139 sch 2

239Stay of operation of decisions

(1)An Industrial Magistrates Court may stay a decision appealed against to secure the effectiveness of the appeal.

(2)A stay—

(a)may be given on conditions the court considers appropriate; and

(b)has effect for the period stated by the court; and

(c)may be revoked or amended by the court.

(3)The period of a stay given by the court must not extend past the time when the court decides the appeal.

(4)An appeal against a decision does not affect the operation or carrying out of the decision unless the decision is stayed.

240Hearing procedures

(1)Unless this division otherwise provides, the practice and procedure for the appeal are to be in accordance with the rules of court or, if the rules make no provision or insufficient provision, in accordance with the directions of the court.

(2)An appeal must be by way of rehearing, unaffected by the original decision-maker’s decision.

(3)However, for deciding an appeal against a decision of the CEO under section 267I to impose a civil penalty on a corporation, information that was not available to the CEO in making the decision must not be taken into account.

(4)In deciding an appeal, an Industrial Magistrates Court—

(a)is not bound by the rules of evidence; and

(b)must observe natural justice.

(5)In this section—

original decision-maker means the Minister, CEO or the board of examiners.

s 240 amd 2018 No. 28 s 39; 2020 No. 10 s 139 sch 2

241Powers of court on appeal

(1)In deciding an appeal, an Industrial Magistrates Court may—

(a)confirm the decision appealed against; or

(b)set aside the decision and substitute another decision; or

(c)set aside the decision and return the matter to the original decision-maker with directions that the court considers appropriate.

(2)In substituting another decision, the court has the same powers as the original decision-maker.

Example—

In an appeal against the Minister’s decision to cancel an accreditation, the court may decide to cancel the accreditation or to amend the accreditation by imposing conditions.

(3)If the court substitutes another decision, the substituted decision is taken to be the decision of the original decision-maker.

(4)The court may make an order for costs it considers appropriate.

242Appeal to District Court on questions of law only

(1)An appellant may appeal against the decision of an Industrial Magistrates Court to the District Court, but only on a question of law.

(2)On hearing the appeal, the court may make any order for costs it considers appropriate.

pt 14 div 2 hdg amd 2014 No. 64 s 208B

243Who may appeal

A person whose interests are affected by the following may appeal to the Industrial Court—

(a)a decision of the chief inspector under section 149(3)(a) to retain a seized thing;

(b)a directive given by the chief inspector;

(c)a review decision of the chief inspector under part 9, division 5, subdivision 4.

s 243 amd 2007 No. 46 s 34; 2014 No. 64 s 208C

244How to start appeal

(1)An appeal is started by—

(a)filing notice of appeal with the registrar of the Industrial Court; and

(b)complying with any rules of court applying to the appeal.

(2)The notice of appeal must be filed within 28 days after—

(a)if the appeal is from a decision under section 149(3)(a) to retain a seized thing—the day the appellant receives the notice of the decision; or

(b)if the appeal is from a directive—the day the appellant receives the directive; or

(c)if the appeal is from a review decision—the day the appellant receives reasons for the review decision.

(3)The court may at any time extend the period for filing the notice of appeal.

(4)The notice of appeal must state fully the grounds of the appeal and the facts relied on.

s 244 amd 2014 No. 64 s 208D

245Stay of operation of directive or review decision

(1)The Industrial Court may grant a stay of a directive or review decision appealed against to secure the effectiveness of the appeal.

(2)A stay—

(a)may be given on the conditions the court considers appropriate; and

(b)operates for the period fixed by the court; and

(c)may be revoked or amended by the court.

(3)The period of a stay must not extend past the time when the court decides the appeal.

(4)An appeal against a directive or review decision affects the directive or decision, or the carrying out of the directive or decision, only if the directive or decision is stayed.

(5)However, the following must not be stayed—

(a)a directive by the chief inspector under section 167;

(b)a review decision about a directive given by another person under section 167.

246Hearing procedures

(1)The procedure for an appeal is to be in accordance with the rules of court or, if the rules make no provision or insufficient provision, in accordance with directions of the Industrial Court.

(2)An appeal is by way of rehearing, unaffected by the chief inspector’s review decision or a directive given.

247Assessors

If the Industrial Court is satisfied the appeal involves an issue of special knowledge and skill, the court may appoint 1 or more assessors to help in deciding the appeal.

248Powers of court on appeal

(1)In deciding an appeal, the Industrial Court may—

(a)confirm the directive or decision appealed against; or

(b)vary the directive or decision appealed against; or

(c)set aside the directive or decision appealed against and make a directive or decision in substitution for the directive or decision set aside; or

(d)set aside the directive or decision appealed against and return the issue to the person who gave the directive or to the maker of the decision with directions the court considers appropriate.

(2)If on appeal the court acts under subsection (1)(b) or (c), the decision is taken, for this Act (other than this part), to be that of the chief inspector or the person who gave the directive.

(3)The court may make an order for costs it considers appropriate.

s 248 amd 2011 No. 2 s 21; 2014 No. 64 s 208E

249Application of div 1

This division applies to a proceeding under this Act.

250Proof of appointments and authority unnecessary

(1)It is not necessary to prove—

(a)the appointment of the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, an industry safety and health representative or a site safety and health representative; or

(b)the authority of the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, an industry safety and health representative or a site safety and health representative to do anything under this Act.

(2)Subsection (1) does not apply if reasonable notice is given to the party relying on the appointment or authority that the appointment or authority is to be challenged.

s 250 amd 2007 No. 46 s 35; 2010 No. 17 s 26; 2020 No. 10 s 80

251Proof of signatures unnecessary

A signature purporting to be the signature of the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, an industry safety and health representative or a site safety and health representative is evidence of the signature it purports to be.

s 251 amd 2007 No. 46 s 36; 2010 No. 17 s 27; 2020 No. 10 s 81

252Evidentiary aids

(1)A certificate stating any of the following matters is evidence of the matter—

(a)a stated document is—

(i)an appointment or a copy of an appointment; or

(ii)a directive or a copy of a directive given under this Act; or

(iii)a decision, or a copy of a decision, given or made under this Act; or

(iv)a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act;

(b)on a stated day, or during a stated period, a stated certificate, notice, approval or appointment was, or was not, in force for a stated person or thing;

(c)on a stated day, or during a stated period, a standard issued or published by National Occupational Health and Safety Commission or Standards Australia or something in the standard was, or was not, in force;

(d)on a stated day a stated person was given a stated directive, direction, requirement or notice under this Act;

(e)a stated amount is payable under this Act by a stated person and has not been paid;

(f)a stated location is within the boundaries of land that is the subject of a stated mining tenure.

(2)A document purporting to be published by or under the authority of National Occupational Health and Safety Commission or Standards Australia is, on its production, evidence of its contents.

(3)In a complaint starting a proceeding, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of the matter.

(4)Any instrument, equipment or installation used by an inspector, inspection officer, an authorised officer or analyst in accordance with any conditions prescribed under a relevant document for its use is taken to be accurate and precise in the absence of evidence to the contrary.

(5)In this section—

certificate means a certificate purporting to be signed by the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, an industry safety and health representative or a site safety and health representative.

s 252 amd 2007 No. 46 s 37; 2010 No. 17 s 28; 2011 No. 2 s 22; 2018 No. 28 s 40; 2020 No. 10 s 82

253Expert reports

(1)An expert report is admissible in evidence, whether or not the person making the report (the expert) attends to give oral evidence.

(2)However, if the expert does not attend to give oral evidence in the proceeding, the report is admissible only with the court’s leave.

(3)In deciding whether to grant leave, the court must have regard to the following—

(a)the contents of the report;

(b)the reasons the expert is not attending to give oral evidence;

(c)the risk that its admission or exclusion from evidence will result in unfairness to a party, in particular having regard to a party’s ability to dispute the contents of the report if the expert does not give oral evidence;

(d)any other relevant circumstance.

(4)An expert report when admitted is evidence of any fact or opinion of which the expert could have given oral evidence.

(5)In this section—

expert report means a report made by a person that deals entirely or mainly with issues on which the person is qualified to give expert evidence, but does not include an analyst’s report.

254Analyst’s certificate or report

The production by a party of a signed analyst’s report stating any of the following is evidence of them—

(a)the analyst’s qualifications;

(b)the analyst took, or received from a stated person, the sample mentioned in the report;

(c)the analyst analysed the sample on a stated day, or during a stated period, and at a stated place;

(d)the results of the analysis.

255Proceedings for offences

(1)A prosecution for an offence against this Act, other than an offence against part 3A, is by way of summary proceedings before an industrial magistrate.

(2)More than 1 contravention of a safety and health obligation under section 34 may be charged as a single charge if the acts or omissions giving rise to the claimed contravention happened within the same period and in relation to the same coal mine.

(3)A person dissatisfied with a decision of an industrial magistrate in proceedings brought under subsection (1) who wants to appeal must appeal to the Industrial Court.

(4)The Industrial Relations Act 2016 applies, with necessary changes, to a proceeding before an industrial magistrate brought under subsection (1) and to a proceeding on appeal before the Industrial Court brought under subsection (3).

Note—

See, however, section 264 in relation to particular orders for costs.

(5)A proceeding for an offence against this Act may only be taken by—

(a)if the offence is a serious offence—the WHS prosecutor; or

(b)otherwise—the CEO or the WHS prosecutor.

(6)However, the CEO may authorise in writing another appropriately qualified person to take a proceeding for an offence mentioned in subsection (5)(b).

(7)An authorisation under subsection (6) may be general or limited to a particular proceeding or class of proceedings.

(8)An authorisation under subsection (6) is sufficient authority to continue proceedings in any case where the court amends the charge, warrant or summons.

(9)In deciding whether to bring a prosecution for an offence under this Act, the WHS prosecutor must have regard to any guidelines issued under the Director of Public Prosecutions Act 1984, section 11.

(9A)Nothing in this section affects the ability of the director of public prosecutions to bring proceedings for an offence against this Act.

(10)In this section—

person dissatisfied with a decision in a proceeding means—

(a)a party to the proceeding; or

(b)a person bound by the decision.

serious offence means—

(a)an offence against section 34 if the contravention—

(i)caused multiple deaths; or

(ii)caused death or grievous bodily harm; or

(iii)caused bodily harm; or

(iv)involved exposure to a substance that is likely to cause death or grievous bodily harm; or

(b)an offence against part 3A; or

(c)an offence prescribed by regulation for this paragraph.

s 255 amd 2005 No. 68 s 7; 2008 No. 56 s 3 sch; 2009 No. 16 s 9; 2011 No. 4 s 69 sch pt 1; 2014 No. 64 s 209; 2016 No. 63 s 1157 sch 6; 2020 No. 10 s 83; 2020 No. 14 s 12

256WHS prosecutor may ask CEO for information

(1)The WHS prosecutor may ask the CEO for information relevant to the performance of a function of the WHS prosecutor under this Act.

(2)The CEO must take reasonable steps to provide the information.

(3)In this section—

information includes a document.

s 256 amd 2005 No. 68 s 8; 2010 No. 17 s 17 sch

sub 2020 No. 10 s 84

256A CEO’s duty to disclose information to WHS prosecutor

(1)This section applies in relation to a proceeding for an offence against this Act brought by the WHS prosecutor.

(2)The CEO has a duty to disclose to the WHS prosecutor all information relevant to the proceeding, including knowledge of a matter relevant to the proceeding, in the possession or control of the CEO.

(3)The duty continues until the proceeding is finally decided or otherwise ends.

(4)In this section—

information includes a document.

s 256A ins 2020 No. 10 s 84

256B Procedure if prosecution not brought

(1)This section applies if—

(a)a person reasonably considers that an act or omission constitutes a serious offence under section 255(10); and

(b)no prosecution has been brought in relation to the act or omission; and

(c)the following period has elapsed from when the act or omission happened—

(i)if the act or omission constitutes an offence against part 3A—at least 6 months;

(ii)otherwise—at least 6 months but no more than 12 months.

(2)The person may make a written request to the WHS prosecutor that a prosecution be brought in relation to the act or omission.

(3)Within 3 months after the WHS prosecutor receives the request, the WHS prosecutor must give the person, and any other person whom the person believes committed the serious offence, a notice in writing stating—

(a)whether the investigation of the act or omission is complete; and

(b)if the investigation of the act or omission is complete, whether a prosecution has been or will be brought in relation to the act or omission; and

(c)if the advice under paragraph (b) is that a prosecution has not been or will not be brought—the reasons for not bringing the prosecution.

(4)Also, if the WHS prosecutor gives a notice under subsection (3)(b) that a prosecution has not been or will not be brought, the WHS prosecutor must—

(a)advise in the notice that the person may ask the WHS prosecutor to refer the matter to the director of public prosecutions for consideration; and

(b)if the person asks the WHS prosecutor in writing to refer the matter to the director of public prosecutions—refer the matter to the director of public prosecutions for consideration within 1 month after the person makes the request.

(5)The director of public prosecutions must consider the matter and within 1 month after the matter is referred give the WHS prosecutor advice in writing stating whether the director considers a prosecution should be brought.

(6)The WHS prosecutor must give a copy of the advice under subsection (5) to—

(a)the person who made the request under subsection (2); and

(b)any other person whom the person mentioned in paragraph (a) believes committed the serious offence.

(7)If the WHS prosecutor declines to follow advice given under subsection (5) to bring proceedings, the WHS prosecutor must give written reasons for the decision to each person mentioned in subsection (6).

s 256B ins 2020 No. 10 s 84

amd 2020 No. 14 s 13

257Limitation on time for starting proceedings

(1)A proceeding for an offence against this Act must start within the latest of the following periods to end—

(a)1 year after the commission of the offence;

(b)6 months after the offence comes to the complainant’s knowledge but within 3 years after the commission of the offence;

(c)if the offence involves a breach of an obligation causing death and the death is investigated by a coroner under the Coroners Act 2003—2 years after the coroner makes a finding in relation to the death.

(2)Subsection (1) does not apply to a proceeding for an offence against part 3A.

s 257 amd 2009 No.16 s 10; 2020 No. 14 s 14

258Court may order suspension or cancellation of certificate or notice

(1)This section applies if a person convicted of an offence against this Act is the holder of a certificate of competency or site senior executive notice.

(2)An industrial magistrate, on application by the complainant during the proceedings for the offence, may suspend or cancel the certificate of competency or site senior executive notice of the person convicted.

(3)A person dissatisfied with the industrial magistrate’s decision to suspend or cancel the person’s certificate of competency or site senior executive notice who wants to appeal against the decision, must appeal to the Industrial Court.

(4)The industrial magistrate must give notice of the decision to suspend or cancel the person’s certificate of competency or site senior executive notice to—

(a)the following persons, to the extent the persons are known to the industrial magistrate—

(i)for a decision relating to a certificate of competency—the site senior executive for each coal mine at which the person works;

(ii)for a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the person works; and

(b)the board of examiners.

s 258 amd 2000 No. 18 s 12; 2018 No. 28 s 41

259Forfeiture on conviction

(1)On conviction of a person for an offence against this Act, an Industrial Magistrates Court may order the forfeiture to the State of—

(a)anything used to commit the offence; or

(b)anything else the subject of the offence.

(2)The court may make the order—

(a)whether or not the thing has been seized; and

(b)if the thing has been seized, whether or not the thing has been returned to its owner.

(3)The court may make any order to enforce the forfeiture it considers appropriate.

(4)This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.

260Dealing with forfeited things

(1)On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the CEO as the CEO considers appropriate.

(2)Without limiting subsection (1), the CEO may destroy the thing.

s 260 amd 2020 No. 10 s 139 sch 2

261Responsibility for acts or omissions of representatives

(1)Subsections (2) and (3) apply in a proceeding for an offence against this Act.

(2)If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—

(a)the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and

(b)the representative had the state of mind.

(3)An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable precautions and proper diligence, have prevented the act or omission.

(4)In this section—

representative means—

(a)of a corporation—an officer, employee or agent of the corporation; or

(b)of an individual—an employee or agent of the individual.

state of mind of a person includes—

(a)the person’s knowledge, intention, opinion, belief or purpose; and

(b)the person’s reasons for the intention, opinion, belief or purpose.

s 261 amd 2018 No. 28 s 42

263Representation

A party to a proceeding under this Act may be represented by the party’s lawyer or agent.

264Orders for costs

(1)This section applies in relation to a proceeding for an offence against this Act.

(2)An Industrial Magistrates Court may award a represented party for the proceeding costs of the representation.

(3)Subsection (2) applies despite section 255(4) and the Industrial Relations Act 2016, section 530(6).

(4)If a court convicts a person of an offence against this Act, the court may order the person to pay the reasonable costs incurred by RSHQ in investigating, and preparing for the prosecution of, the offence.

(5)This section does not limit the orders for costs the court may make.

(6)In this section—

represented party, for a proceeding, means a party to the proceeding, or a person ordered or permitted to appear or to be represented by a lawyer, who is represented by a lawyer.

s 264 amd 2020 No. 10 s 85; 2020 No. 14 s 15

265Recovery of fees

(1)A fee payable under this Act and not paid may be recovered by the CEO—

(a)in summary proceedings under the Justices Act 1886; or

(b)by action for a debt in a court of competent jurisdiction.

(2)A fee may also be recovered in a proceeding for an offence against this Act.

(3)An order made under subsection (2) is enforceable under the Justices Act 1886 as an order for payment of money made by a magistrate under that Act.

(4)If an order is made under subsection (2)—

(a)the order may be filed in the registry of a Magistrates Court; and

(b)on being filed, is taken to be an order made by a Magistrates Court and may be enforced accordingly.

s 265 amd 2020 No. 10 s 139 sch 2

266Service of documents

(1)If a document is required or permitted under this Act to be given to a person, the document may be given to the person by facsimile transmission directed and sent to—

(a)the last transmission number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or

(b)the facsimile transmission number operated—

(i)at the address of the person last known to the giver of the document; or

(ii)if the person is a company, at the company’s registered office.

(2)A document given in accordance with subsection (1) is taken to have been given on the day the copy is transmitted.

(3)This section does not limit any other means of giving documents authorised or permitted by law including, for example, under the Acts Interpretation Act 1954, part 10.

267How document to be given to coal mine operator

A document to be given to a coal mine operator for a coal mine, is taken to have been given to the coal mine operator if it is—

(a)addressed to the coal mine operator; and

(b)given to the site senior executive at the coal mine.

pt 15A hdg ins 2011 No. 2 s 23

267AApplying for injunction

(1)The CEO or chief inspector may apply to the District Court for an injunction under this part.

(2)An injunction under this part may be granted by the District Court against a person at any time.

s 267A ins 2011 No. 2 s 23

amd 2020 No. 10 s 86

267BGrounds for injunction

The District Court may grant an injunction if the court is satisfied a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute—

(a)a contravention of this Act; or

(b)attempting to contravene this Act; or

(c)aiding, abetting, counselling or procuring a person to contravene this Act; or

(d)inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Act; or

(e)being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention of this Act by a person; or

(f)conspiring with others to contravene this Act.

s 267B ins 2011 No. 2 s 23

267CCourt’s powers for injunction

(1)The power of the District Court to grant an injunction restraining a person from engaging in conduct may be exercised—

(a)whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and

(b)whether or not the person has previously engaged in conduct of that kind.

(2)The power of the court to grant an injunction requiring a person to do an act or thing may be exercised—

(a)whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and

(b)whether or not the person has previously failed to do the act or thing.

(3)An interim injunction may be granted under this part until the application is finally decided.

(4)The court may rescind or vary an injunction at any time.

s 267C ins 2011 No. 2 s 23

267DTerms of injunction

(1)The District Court may grant an injunction in the terms the court considers appropriate.

(2)Without limiting the court’s power under subsection (1), an injunction may be granted restraining a person from carrying on particular activities—

(a)for a stated period; or

(b)except on stated terms and conditions.

(3)Also, the court may grant an injunction requiring a person to take stated action, including action to disclose or publish information, to remedy any adverse consequences of the person’s contravention of this Act.

s 267D ins 2011 No. 2 s 23

pt 15B hdg ins 2018 No. 28 s 44

267EDefinitions for part

In this part—

civil penalty obligation means a safety and health obligation, or another obligation under this Act, prescribed by regulation to be a civil penalty obligation.

corresponding offence, in relation to a contravention of a civil penalty obligation, means an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.

penalty notice see section 267I(3).

proposed penalty notice see section 267G(2).

relevant corporation means a coal mine operator or contractor that is a corporation.

s 267E ins 2018 No. 28 s 44

267FLiability for civil penalties

(1)A relevant corporation is liable to pay the State a civil penalty if—

(a)the relevant corporation contravenes a civil penalty obligation; or

(b)a representative of the relevant corporation contravenes a civil penalty obligation.

(2)A civil penalty may be imposed on the relevant corporation by a penalty notice given to the corporation by the CEO.

(3)The amount of the penalty is—

(a)if the civil penalty obligation is a category 1 obligation—1,000 penalty units; or

(b)if the civil penalty obligation is a category 2 obligation—750 penalty units; or

(c)if the civil penalty obligation is a category 3 obligation—500 penalty units.

(4)For subsection (3), the category of a civil penalty obligation is the category prescribed by regulation for the obligation.

(5)In this section—

representative, of a relevant corporation, means an officer, employee or agent of the corporation.

s 267F ins 2018 No. 28 s 44

amd 2020 No. 10 s 139 sch 2