New South Wales Consolidated Acts

COAL MINE HEALTH AND SAFETY ACT 2002

- As at 1 September 2008
- Act 129 of 2002

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Certain things are part of a coal operation
   5.      When a person is at work
   6.      Risks arising from activities at work
   7.      Notes

   PART 2 - APPLICATION OF ACT

   8.      Application of Act
   9.      Act to bind Crown

   PART 3 - OBJECTS OF ACT

   10.     Objects of Act

   PART 4 - APPLICATION OF OCCUPATIONAL HEALTH AND SAFETY ACT 2000
   Note

   11.     Act to be read in conjunction with OH&S Act
   12.     Act adds to protection provided by OH&S Act
   13.     OH&S Act prevails
   14.     Compliance with this Act is no defence to prosecution under OH&S Act
   15.     Relationship between duties under this Act and OH&S Act
   16.     No double jeopardy
   16A.    Documents

   PART 5 - DUTIES RELATING TO HEALTH, SAFETY AND WELFARE AT COAL OPERATIONS
   Note

           Division 1 - Duties of colliery holders
           Note

   17.     Duty to nominate the operator of a coal operation
   18.     Colliery holder must give operator health and safety information
   19.     Penalty for offence against this Division

           Division 2 - Duties of operators of coal operations
           Note

              Subdivision 1 - Health and safety management systems

   20.     Duty of operator to prepare health and safety management system
   21.     No mining without health and safety management system
   22.     Duty of operator to ensure compliance with health and safety management system
   23.     Contents of health and safety management system
   24.     Consultation
   25.     Information to be supplied to Chief Inspector and industry check inspector
   26.     Chief Inspector may object
   27.     Industry check inspector may object
   28.     Health and safety management system must be reviewed
   29.     Amendment of health and safety management system
   30.     Access to health and safety management system
   31.     Former operator must return information

              Subdivision 2 - Major hazard management plans

   32.     Regulations may prescribe “major hazard”
   33.     Minister may require other major hazards to be identified
   34.     Minister may declare operation is subject to risk of major hazard
   35.     Duty to prepare one or more major hazard management plans
   36.     Contents of major hazard management plans

              Subdivision 3 - Management structure

   37.     Operator must prepare management structure
   38.     Register of persons occupying positions

              Subdivision 4 - Duties regarding contractors

   39.     Operator to prepare contractor management plan
   40.     Content of contractor management plan
   41.     Operator to ensure contractor’s familiarity with systems
   42.     Duties of operator regarding contractors
   43.     Contractor must be given copy of health and safety management system

              Subdivision 5 - Emergency management systems

   44.     Meaning of “emergency”
   45.     Operator must prepare emergency management system
   46.     No mining without emergency management system
   47.     Contents of emergency management system
   48.     Consultation
   49.     Information to be supplied to Chief Inspector and industry check inspector
   50.     Copy to be made available
   51.     Competence and training of personnel
   52.     Review

              Subdivision 6 - High risk activities

   53.     Meaning of “high risk activity”
   54.     Requirement to notify high risk activities

              Subdivision 7 - Keeping of records and reporting

   55.     Keeping of records by operators
   56.     Reporting by operators

              Subdivision 8 - Penalties

   57.     Penalty for offence against this Division

              Subdivision 9 - Saving of certain notices and directions

   58.     Saving of certain notices and directions

           Division 3 - Duties and rights of employees
           Note

   59.     Duties of employees
   60.     Rights of employees
   61.     Unlawful dismissal or other victimisation of employee
   62.     Division applies to employees of contractor

           Division 4 - Duties of those in management positions
           Note

   63.     Duties of manager of mining engineering
   64.     Duties of manager of electrical engineering
   65.     Duties of manager of mechanical engineering
   66.     Those in management positions must comply with health and safety management system
   67.     Those in management positions must inform operator of non-compliance
   68.     Penalty for offence against this Division

           Division 5 - Duties of supervisors

   69.     Supervisor must comply with health and safety management system
   70.     Supervisor must inform operator of non-compliance
   71.     Penalty for offence against this Division

           Division 6 - Duties of contractors
           Note

   72.     Contractor must comply with operator’s health and safety management system
   73.     Duties of contractors regarding safe work method statement
   74.     Contractor to ensure work carried out in accordance with safe work method statement
   75.     Contractor must prepare and implement OH&S management plan
   76.     Contractor’s duties regarding subcontractors
   77.     Penalty for offence against this Division

           Division 7 - Duties of exploration holders and others to give notice

   78.     Duty to give notice of drilling operations
   79.     Other duties to give notice
   80.     Penalty for offence against this Division

           Division 8 - General

   81.     Person may have more than one duty
   82.     Relationship between duties under this Part and regulations
   83.     (Repealed)
   84.     Multiple contraventions of general duties under this Part
   85.     Civil liability not affected by this Part

   PART 6 - SAFETY OF COAL OPERATIONS

           Division 1 - Methods or systems of working mines

   86.     Barriers and protective pillars
   87.     Minister may give directions regarding barriers and pillars
   88.     Minister may direct carrying out of works
   89.     Minister may grant approval to mine barrier or pillar
   90.     Penalty for offence against this Division

           Division 2 - Closing of shafts and outlets in abandoned mines

   91.     Application of this Division
   92.     Closing of shafts and outlets
   93.     Chief Inspector may require further work
   94.     Obstruction of operator of mine
   95.     Certain unenclosed shafts or outlets to be public nuisances
   96.     Owners of land on which abandoned mines are situated may be required to close shafts and outlets
   97.     Penalty for offence against this Division

           Division 3 - Control of emplacement areas

   98.     Definitions
   99.     Minister may direct occupier of land to make emplacement area safe
   100.    Establishment of emplacement areas
   101.    Discontinuance of use of emplacement areas
   102.    Construction and use of emplacement areas
   103.    Date of effect of decisions and notices
   104.    Penalty for offence against this Division

           Division 4 - Tourist and educational activities

   105.    Definitions
   106.    Tourist activities in mines or use of mines for educational purposes not allowed without a permit
   107.    Issue of tourist and educational permits
   108.    Revocation or variation of permits
   109.    Minister and certain other persons not liable in certain circumstances

   PART 7 - NOTIFICATION OF INCIDENTS

           Division 1 - Notification of certain incidents

   110.    Notification of certain incidents and other matters
   111.    Non-disturbance of plant involved in notifiable incidents (and of surrounding area)
   112.    Penalty for offence against this Division

           Division 2 - Inquiries

   113.    Boards of Inquiry
   114.    Witnesses and evidence at special inquiries
   115.    Report by Board of Inquiry
   116.    No appeal against exercise of functions by Boards of Inquiry
   117.    Penalty for offence against this Division

   PART 8 - STOP WORK ORDERS

   118.    Minister to make stop work orders
   119.    Prior notification of making of stop work order not required
   120.    Extension of stop work order
   121.    Consultation about modification of proposed detrimental action
   122.    Stop work order prevails over other instruments
   123.    Costs of enforcing stop work order
   124.    Offence: failure to comply with a stop work order

   PART 9 - COMPETENCE STANDARDS

           Division 1 - Key obligations

   125.    Regulations may specify functions to which this Part applies
   126.    Operator to ensure only competent people employed to perform specified functions
   127.    Contractor to ensure only competent people employed to perform specified functions
   128.    Only competent people to perform specified functions
   129.    Penalty for offence against this Division

           Division 2 - Coal Competence Board

   130.    Constitution of Coal Competence Board
   131.    Ministerial control of Board
   132.    Membership of Board
   133.    Procedure of Board

           Division 3 - Functions of Board

   134.    Functions of Board
   135.    Annual report

           Division 4 - Certificates of competence

   136.    Certificates of competence may be granted
   137.    Regulations concerning competence standards
   138.    Ministerial orders

           Division 5 - Offences

   139.    Offences: certificates of competence
   140.    Offence of forging or having forged document
   141.    False or misleading statements
   142.    Offences if a person’s competence is declared as not recognised
   143.    Penalty for offence against this Division

   PART 10 - OVERSIGHT OF COAL OPERATIONS

           Division 1 - Outline of this Part

   144.    Outline of this Part

           Division 2 - Inspections by government officials

              Subdivision 1 - Appointment of government officials

   145.    Appointment of government officials
   146.    Qualifications of inspectors
   147.    Appointment of consultants as investigators
   148.    Absence of Chief Inspector

              Subdivision 2 - Functions of government officials

   149.    Functions of Chief Inspector
   150.    Bringing concerns regarding health, safety or welfare to the attention of operators
   151.    Consideration and investigation of complaints
   152.    Audit and review of health and safety management systems
   153.    Additional functions

              Subdivision 3 - Powers of government officials
              Note

   154.    (Repealed)
   155.    Powers of entry at any time
   156.    Power to require plan

           Division 3 - Inspections on behalf of work force

              Subdivision 1 - Site check inspectors

   157.    Site check inspectors
   158.    Trigger for election
   159.    Conduct of election of site check inspectors
   160.    Term of office
   161.    Disqualification of site check inspectors
   162.    Vacation of office of site check inspector
   163.    Notification of election
   164.    Functions of site check inspectors
   165.    Training of site check inspectors
   166.    Rights of site check inspectors
   167.    Duties of operators in relation to site check inspectors
   168.    Duties of contractors in relation to site check inspectors
   169.    Assistance to site check inspectors
   170.    Reports by site check inspectors
   171.    Reporting of dangers

              Subdivision 2 - Electrical check inspectors

   172.    Electrical check inspectors

              Subdivision 3 - Industry check inspectors
              Note

   173.    Appointment of industry check inspectors
   174.    Functions of industry check inspectors
   175.    Powers of industry check inspectors to suspend operations
   176.    Industry check inspector may delegate functions to site check inspector
   177.    Care to be taken
   178.    Identification of industry check inspectors

              Subdivision 4 - Inspections on behalf of work force

   179.    Inspections by check inspectors
   180.    Check inspector may be accompanied by operator’s representative
   181.    Check inspector must not leave work without prior notice

           Division 4 - Offences

   182.    Offence of failing to comply with requirement of government official
   183.    Offence of interfering with check inspector or government official
   184.    Offence of impersonating a check inspector or government official

   PART 11 - COAL MINING INDUSTRY CODES OF PRACTICE

   185.    Purpose of industry codes of practice
   186.    Minister may prepare draft codes
   187.    Consultation on draft codes
   188.    Approval of codes by Minister
   189.    Publication, commencement and availability of codes
   190.    Amendment or revocation of codes
   191.    Use of codes

   PART 12 - REGULATIONS

   192.    Regulations: general power
   193.    Regulations: specific miscellaneous powers
   194.    Regulations regarding classification of underground mines
   195.    Regulations may require verification by statutory declaration
   196.    Regulations may prescribe decisions that are to be reviewable by Administrative Decisions Tribunal
   197.    Regulations: adapting duties under Part 5
   198.    Regulations concerning application of Part 5 to contractors
   199.    Regulations may adopt other publications
   200.    Regulations may create criminal offences
   201.    Exemptions
   202.    Regulations relating to consultation

   PART 13 - MISCELLANEOUS

           Division 1 - Enforcement
           Note

   203.    Offences by corporations
   204.    Aiding and abetting etc
   205.    Defence
   206.    Defences to criminal proceedings not affected by this Act

           Division 2 - Information

   207.    Disclosure of information
   208.    False or misleading statements
   209.    Defence

           Division 3 - Exercise and delegation of functions

   210.    Chief Inspector subject to Ministerial control
   211.    (Repealed)
   212.    Delegation of functions by the Minister
   213.    Delegation of functions by Chief Inspector
   214.    Delegation of functions by Director-General

           Division 4 - Service of documents

   215.    Service of documents
   216.    Supply of documents to an operator
   217.    Supply of documents to Chief Inspector
   218.    Supply of documents to an industry check inspector

           Division 5 - Fees

   219.    Fees

           Division 6 - General

   220.    Protection from liability
   221.    No obligation to exercise power

   PART 14 - REPEALS AND AMENDMENTS

   222.    Repeals
           223, 224. (Repealed)
   225.    Savings, transitional and other provisions
   226.    Review of Act
           Schedule 2 (Repealed)
           SCHEDULE 3