{"id":"nsw:act-2001-107","name":"Coal Industry Act 2001","slug":"coal-industry-act-2001","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"107 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105118,"registerId":"nsw-act-2001-107-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Coal Industry Act 2001](/view/html/inforce/current/act-2001-107).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act—\n> \n> approved company means a company approved under section 9.\n> \n> assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.\n> \n> Brigade means the Mines Rescue Brigade established by this Act.\n> \n> coal includes oil shale and kerosene shale, but does not include peat.\n> \n> Corporations Act means the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> dissolution date means the date on which section 4 (1) of the [Coal Industry Repeal Act 2001](http://www.legislation.gov.au/) of the Commonwealth commences.\n> \n> emergency means an emergency due to an actual or imminent occurrence (such as fire, explosion, accident or flooding) that has resulted in the death of, or injury to, a person or is endangering or is threatening to endanger the life or physical well-being of a person.\n> \n> employer in the coal industry means any employer whose employees work in or about a coal mine.\n> \n> exercise a function includes perform a duty.\n> \n> former members of the JCB staff means the members of staff of the Joint Coal Board immediately before the dissolution of that Board.\n> \n> former 1994 Act means the [Mines Rescue Act 1994](/view/pdf/asmade/act-1994-13).\n> \n> function includes a power, authority or duty.\n> \n> inspector means an employee of an approved company appointed as an inspector as referred to in section 25.\n> \n> Joint Coal Board means the body corporate constituted in pursuance of the [Coal Industry Act 1946](/view/html/inforce/current/act-1946-044) and the [Coal Industry Act 1946](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> liabilities means all liabilities, debts and obligations (whether present or future and whether vested or contingent).\n> \n> MEU means the Mining and Energy Union registered under the [Fair Work (Registered Organisations) Act 2009](http://www.legislation.gov.au/) of the Commonwealth or any body succeeding or replacing that body.\n> \n> mine means any pit or other place where mining is carried on or which is being developed for mining to be carried on, and includes a quarry and a salt-pan (whether occurring naturally or created artificially) and also includes any place, located at or in the vicinity of the mine, where material extracted from the mine is processed.\n> \n> Minerals Council means the New South Wales Minerals Council Limited (ACN 002 500 316).\n> \n> Mines Rescue Board means the corporation constituted by the former 1994 Act.\n> \n> mines rescue company means the company for the time being approved under section 9 to exercise the functions referred to in section 10 (1) (k) (that is, functions under Division 3 of Part 3 and Part 4).\n> \n> mining means extracting material from land for the purpose of recovering coal or other minerals from the material or of rehabilitating land from which any such material has been extracted, and includes the following—\n> \n> > (a) loading, conveying and unloading any such material,\n> \n> > (b) operating a coal preparation plant,\n> \n> > (c) quarrying.\n> \n> Ministerial Holding Corporation means the corporation constituted under section 37B of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134).\n> \n> owner of a mine means any person who is the immediate proprietor, lessee or occupier of the mine, and includes—\n> \n> > (a) if the mine is being worked by a person who is a liquidator, provisional liquidator, administrator, controller or other person authorised by law to carry on the business of working the mine—that person, or\n> \n> > (b) if the mine belongs to, or is held in trust for, the Crown or a statutory authority—the Crown or that statutory authority, or\n> \n> > (c) if the mine is being worked by a contractor—that contractor,\n> \n> but does not include a person who—\n> \n> > (d) merely receives a royalty or rent from the mine, or\n> \n> > (e) is merely the owner or lessee of the mine, subject to a lease, grant or licence to, or contract with, another person to work it, or\n> \n> > (f) is merely the owner of the soil in the mine,\n> \n> and who is not otherwise interested in the coal or other minerals in the mine.\n> \n> rights means all rights, powers, privileges and immunities (whether present or future and whether vested or contingent).\n> \n> Tribunal means the Civil and Administrative Tribunal.\n> \n> underground coal mine means a coal mine in which persons are employed underground while the mine is being worked.\n> \n> workers compensation company means the company for the time being approved under section 9 to exercise the functions referred to in section 10 (1) (m).\n> \n> **s 3:** Am 2013 No 95, Sch 2.29 \\[1\\]; 2018 No 19, Sch 1; 2023 No 40, Sch 2\\[1\\] \\[2\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"#### 4 Notes\n\n4 Notes\n\n> Notes included in this Act do not form part of this Act.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Dissolution of Joint Coal Board and Mines Rescue Board","content":"# Part 2 Dissolution of Joint Coal Board and Mines Rescue Board\n\nPart 2 Dissolution of Joint Coal Board and Mines Rescue Board","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Dissolution of Joint Coal Board","content":"#### 5 Dissolution of Joint Coal Board\n\n5 Dissolution of Joint Coal Board\n\n> > (1) On the dissolution date, the Joint Coal Board is dissolved in so far as it is constituted pursuant to the [Coal Industry Act 1946](/view/html/inforce/current/act-1946-044).\n> \n> > (2) The Minister, by order published in the Gazette—\n> > \n> > > (a) is to name each former member of the JCB staff, and\n> > \n> > > (b) is to specify an approved company in relation to each former member of the JCB staff so named.\n> \n> > (3) Such an order, whether made before or after the dissolution date, has, or is taken to have, effect on the dissolution date.\n> \n> > (4) Schedule 1 has effect.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Transfer of assets, rights and liabilities of Joint Coal Board","content":"#### 6 Transfer of assets, rights and liabilities of Joint Coal Board\n\n6 Transfer of assets, rights and liabilities of Joint Coal Board\n\n> > (1) On the dissolution date, the assets, rights and liabilities of the Joint Coal Board are transferred to the Ministerial Holding Corporation.\n> \n> > (2) However, any such asset that is a Commonwealth record (within the meaning of the [Archives Act 1983](http://www.legislation.gov.au/) of the Commonwealth) is excluded from the transfer unless the National Archives of Australia has given permission, under section 24 (2) (b) of that Act, for the transfer.\n> \n> > (3) Schedule 2 applies to the transfer effected by this section.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Transfer of specified assets, rights and liabilities of Joint Coal Board","content":"#### 7 Transfer of specified assets, rights and liabilities of Joint Coal Board\n\n7 Transfer of specified assets, rights and liabilities of Joint Coal Board\n\n> > (1) The Minister may, by order in writing published in the Gazette, transfer any such assets, rights and liabilities of the Joint Coal Board—\n> > \n> > > (a) as were transferred to the Ministerial Holding Corporation under section 6 (1), and\n> > \n> > > (b) as are specified or referred to in the order,\n> > \n> > to an approved company.\n> \n> > (2) Despite section 37B (5) and (6) of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134), the Ministerial Holding Corporation must not dispose of any asset, right or liability (being an asset, right or liability transferred to it by this Act) otherwise than in accordance with an order of the Minister under this section.\n> \n> > (3) An order under this section takes effect on the date specified in the order.\n> \n> > (4) Schedule 2 applies to a transfer under this section.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Dissolution of Mines Rescue Board","content":"#### 8 Dissolution of Mines Rescue Board\n\n8 Dissolution of Mines Rescue Board\n\n> > (1) The Mines Rescue Board is dissolved.\n> \n> > (2) Schedules 3 and 4 have effect.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Approved companies","content":"# Part 3 Approved companies\n\nPart 3 Approved companies","sortOrder":10},{"sectionNumber":"Division 1","sectionType":"division","heading":"Approval of companies","content":"## Division 1 Approval of companies\n\nDivision 1 Approval of companies","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Minister may approve of one or more companies","content":"#### 9 Minister may approve of one or more companies\n\n9 Minister may approve of one or more companies\n\n> > (1) The Minister may approve (either conditionally or unconditionally) of one or more companies registered under the Corporations Act for the purpose of exercising one or more of the functions set out in Division 2 or 3 of this Part and in Part 4 if the constitution of the company concerned contains—\n> > \n> > > (a) a statement of the company’s objects that reflects the functions concerned, and\n> > \n> > > (b) provisions to the effect of those set out in Schedule 5.\n> \n> > (2) The Minister may approve of a company for that purpose even though the company has a constitution containing additional provisions, so long as those provisions are not inconsistent with any provision of the constitution required by subsection (1).\n> \n> > (3) However, the Minister must not—\n> > \n> > > (a) approve of any company unless the company—\n> > > \n> > > > (i) is wholly owned in equal shares by the MEU, or by a company wholly owned by the MEU, and the Minerals Council, or a wholly-owned subsidiary of the Minerals Council, or\n> > > \n> > > > (ii) is the wholly-owned subsidiary of another approved company, or\n> > \n> > > (b) approve of any one or more companies unless the statement of objects of at least one of the companies includes the object of establishing or administering (or establishing and administering), or providing administrative services in respect of, superannuation schemes for the benefit of mine workers (within the meaning of the [Coal and Oil Shale Mine Workers (Superannuation) Act 1941](/view/html/inforce/current/act-1941-045)), former mine workers and their dependants, or\n> > \n> > > (c) approve 2 or more companies to exercise the function specified in section 10 (1) (k) at the same time, or\n> > \n> > > (d) approve 2 or more companies to exercise the function specified in section 10 (1) (m) at the same time.\n> \n> > (4) The Minister’s approval is to be given by a notice that—\n> > \n> > > (a) is published in the Gazette, and\n> > \n> > > (b) specifies any conditions of the approval, and\n> > \n> > > (c) specifies the functions that the company is approved, under this Part, to exercise.\n> \n> > (5) In addition to any other functions it has under its constitution, an approved company has the functions specified in its notice of approval.\n> \n> > (6) The Minister is to act in accordance with such provisions of the constitution of an approved company as are set out in Schedule 5.\n> \n> Note—\n> \n> The constitution of an approved company will require (among other things) the Minister to appoint the directors of the company.\n> \n> **s 9:** Am 2023 No 40, Sch 2\\[3\\].","sortOrder":12},{"sectionNumber":"Division 2","sectionType":"division","heading":"Functions of approved companies","content":"## Division 2 Functions of approved companies\n\nDivision 2 Functions of approved companies","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"General functions","content":"#### 10 General functions\n\n10 General functions\n\n> > (1) An approved company must exercise such of the following functions as are specified in its notice of approval—\n> > \n> > > (a) providing work health and rehabilitation services for workers engaged in the coal industry, including providing preventive medical services, monitoring workers’ health and investigating related health matters,\n> > \n> > > (b) collecting, collating and disseminating accident and other statistics relating to the health and safety of workers engaged in the coal industry,\n> > \n> > > (c) collecting, collating and disseminating other statistics related to the coal industry,\n> > \n> > > (d) referring matters relating to the safety of workers engaged in the coal industry, as it thinks fit, to the regulator within the meaning of the [Work Health and Safety (Mines and Petroleum Sites) Act 2013](/view/html/inforce/current/act-2013-054) for consideration,\n> > \n> > > (e) reporting to the Minister as it thinks fit, or when requested by the Minister, on matters related to the health or welfare of workers engaged in the coal industry, or on any other matter arising out of its functions,\n> > \n> > > (f) publishing reports and information of public interest concerning or arising out of its functions,\n> > \n> > > (g) promoting the welfare of workers and former workers in the coal industry in the State, their dependants and communities in coal mining areas,\n> > \n> > > (h) monitoring, promoting and specifying adequate training standards relating to health and safety for workers engaged in the coal industry,\n> > \n> > > (i) approving training schemes required for a safety management system under the [Work Health and Safety (Mines and Petroleum Sites) Act 2013](/view/html/inforce/current/act-2013-054),\n> > \n> > > (j) monitoring dust in coal mines,\n> > \n> > > (k) providing mines rescue and other services in accordance with Division 3 of this Part and Part 4,\n> > \n> > > (l) establishing or administering (or establishing and administering), or providing administrative services in respect of, superannuation schemes for the benefit of either or both of the following—\n> > > \n> > > > (i) mine workers (within the meaning of the [Coal and Oil Shale Mine Workers (Superannuation) Act 1941](/view/html/inforce/current/act-1941-045)), former mine workers and their dependants,\n> > > \n> > > > (ii) employees of the approved company, former employees and their dependants,\n> > \n> > > (m) establishing or administering (or establishing and administering), or providing, workers compensation insurance schemes in relation to workers engaged in the coal industry.\n> \n> > (2) In addition, an approved company may do either or both of the following—\n> > \n> > > (a) provide courses in the production and utilisation of coal under international development assistance programs sponsored or administered by the Commonwealth Government or approved by the Minister,\n> > \n> > > (b) undertake, or take part in, any other activities of benefit to the coal industry in New South Wales as determined by the directors of the company from time to time.\n> \n> **s 10:** Am 2002 No 129, Sch 2.2 \\[1\\] \\[2\\]; 2011 No 67, Sch 4.1 \\[1\\]; 2013 No 54, Sch 3.2 \\[1\\] \\[2\\]; 2015 No 43, Sch 4.2.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Ancillary functions","content":"#### 11 Ancillary functions\n\n11 Ancillary functions\n\n> For the purpose of exercising its functions, an approved company may—\n> \n> > (a) undertake or arrange for research, inquiries, investigations, surveys, tests and inspections, and\n> \n> > (b) require the keeping and furnishing of statistics, returns and other information relating to matters concerning or arising out of the company’s functions under this Act.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Powers relating to health of mine workers","content":"#### 12 Powers relating to health of mine workers\n\n12 Powers relating to health of mine workers\n\n> > (1) If an approved company is of the opinion that the health of workers at a coal mine is endangered, or is likely to be endangered, by any conditions at the mine or methods in operation at the mine, the approved company may, by notice in writing, require the owner or manager of the mine to do or refrain from doing such things specified in the notice as are necessary to protect the health of the workers.\n> \n> > (2) An owner or manager of a coal mine must not, without reasonable excuse, refuse or fail to comply with a requirement made under this section.\n> > \n> > Maximum penalty—200 penalty units in the case of a corporation or 50 penalty units in the case of an individual.\n> \n> > (3) However, the owner or manager concerned may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of a decision of an approved company imposing a requirement under this section.\n> \n> > (4) If such an application is made—\n> > \n> > > (a) proceedings against the applicant for an offence under this section may not be instituted, and\n> > \n> > > (b) any such pending proceedings are stayed,\n> > \n> > until the completion of the review process.\n> \n> > (5) In this section, approved company means an approved company whose approval extends to the exercise of functions under this section.\n> \n> **s 12:** Am 2013 No 95, Sch 2.29 \\[2\\].","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Orders of approved company","content":"#### 13 Orders of approved company\n\n13 Orders of approved company\n\n> > (1) An approved company may, with the approval of the Minister, make orders, not inconsistent with this Act or the regulations, for or with respect to the approved company’s functions.\n> \n> > (2) Without limiting subsection (1), an order under this section may make requirements of the kind specified in section 11 (b).\n> \n> > (3) An approved company may, with the approval of the Minister, by order vary or revoke any order made under this section.\n> \n> > (4) An order made under this section—\n> > \n> > > (a) must be published in the Gazette, and\n> > \n> > > (b) takes effect on the day it is so published (or, if a later day is specified in the order for that purpose, on the later day so specified).\n> \n> > (5) Subsection (4) (b) does not prevent an order from specifying different days in relation to different portions of the order.\n> \n> > (6) A person must not, without reasonable excuse, refuse or fail to comply with an order made under this section.\n> > \n> > Maximum penalty—200 penalty units in the case of a corporation or 50 penalty units in the case of an individual.\n> \n> > (7) However, a person who is required to comply with an order made under this section may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the decision of the approved company that gave rise to the order.\n> \n> > (8) If such an application is made—\n> > \n> > > (a) proceedings against the applicant for an offence under this section may not be instituted, and\n> > \n> > > (b) any such pending proceedings are stayed,\n> > \n> > until the completion of the review process.\n> \n> **s 13:** Am 2013 No 95, Sch 2.29 \\[3\\].","sortOrder":17},{"sectionNumber":"Division 3","sectionType":"division","heading":"Principal functions of mines rescue company","content":"## Division 3 Principal functions of mines rescue company\n\nDivision 3 Principal functions of mines rescue company","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Principal mines rescue functions","content":"#### 14 Principal mines rescue functions\n\n14 Principal mines rescue functions\n\n> The mines rescue company has the following principal functions in connection with underground coal mines in the State—\n> \n> > (a) making available rescue services and facilities to deal with emergencies in those mines and, in particular, ensuring that the Brigade has the capacity to deal with any such emergencies,\n> \n> > (b) ensuring that adequate rescue equipment (such as breathing apparatus) is available to enable members of the Brigade to deal with emergencies in those mines,\n> \n> > (c) training members of the Brigade in mine rescue procedures at those mines and, in particular, in the use of breathing apparatus,\n> \n> > (d) establishing appropriate procedures and arrangements for ensuring the mobilisation of members of the Brigade and the supply of rescue equipment in response to emergencies in those mines,\n> \n> > (e) ensuring that persons with an adequate knowledge of mine rescue work are available to provide technical advice to the owners of those mines if emergencies should arise in those mines.","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Ancillary function of mines rescue company","content":"#### 15 Ancillary function of mines rescue company\n\n15 Ancillary function of mines rescue company\n\n> The mines rescue company has, in connection with its principal functions, the ancillary function of acquiring or building, and maintaining or disposing of, mine rescue stations.","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Discretionary functions—rescue services for other mines","content":"#### 16 Discretionary functions—rescue services for other mines\n\n16 Discretionary functions—rescue services for other mines\n\n> The mines rescue company may (but is not obliged to) exercise the following additional functions in connection with mines (other than underground coal mines in the State)—\n> \n> > (a) providing rescue services and facilities at those mines, including rescue equipment (such as breathing apparatus),\n> \n> > (b) providing training courses in connection with mine safety and emergency procedures at those mines (including, for example, fighting fires and rescuing mine workers and others who are trapped in those mines).","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Discretionary functions—non-rescue services for mines and others","content":"#### 17 Discretionary functions—non-rescue services for mines and others\n\n17 Discretionary functions—non-rescue services for mines and others\n\n> The mines rescue company may (but is not obliged to) exercise the following additional functions—\n> \n> > (a) providing work health and safety services for employers of mine workers and others (not including rescue services but including, for example, training services or assistance in work underground or in confined spaces),\n> \n> > (b) providing technical and advisory services to owners of mines and others (including, for example, calibrating and repairing methane gas detection instruments and maintaining and repairing breathing apparatus).\n> \n> **s 17:** Am 2011 No 67, Sch 4.1 \\[2\\].","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Discretionary functions may be exercised anywhere","content":"#### 18 Discretionary functions may be exercised anywhere\n\n18 Discretionary functions may be exercised anywhere\n\n> The mines rescue company may exercise its discretionary functions under this Division (or any function ancillary to those functions) in the State or elsewhere, or both in the State and elsewhere.","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Owners of coal mines to make contributions to fund mines rescue functions","content":"#### 19 Owners of coal mines to make contributions to fund mines rescue functions\n\n19 Owners of coal mines to make contributions to fund mines rescue functions\n\n> > (1) Owners of coal mines are to pay contributions to the mines rescue company to defray the costs incurred by that company in exercising its functions under section 14.\n> \n> > (2) The mines rescue company is to determine, in respect of each financial year of that company, the amount that an owner of a coal mine must pay, in respect of the coal mine, under this section.\n> \n> > (3) The mines rescue company may make different determinations under this section in respect of different coal mines, having regard to such of the following matters as are applicable to the coal mine concerned—\n> > \n> > > (a) the quantity of coal produced from the mine during the period of 12 months preceding the financial year concerned,\n> > \n> > > (b) the average number of employees employed at the mine during that period,\n> > \n> > > (c) the cost incurred during that period in meeting the expense of having employees of the mines rescue company on stand-by in respect of the mine,\n> > \n> > > (d) the cost incurred during that period in training members of the Brigade to carry out mine rescue work at the mine,\n> > \n> > > (e) an amount, quantified by the mines rescue company, representing the risk of a mining accident occurring at the mine,\n> > \n> > > (f) the cost likely to be incurred in actually responding to a call to the mines rescue company to provide rescue services at the mine.\n> \n> > (4) The mines rescue company may (but is not obliged to) allow the amount determined to be paid by instalments, either generally or in a particular case.\n> \n> > (5) The regulations may replace a determination made under this section by prescribing an amount, in respect of a particular coal mine, different from the amount determined by the mines rescue company in respect of the coal mine.\n> \n> > (6) Any such regulation is taken, for the purposes of this Act, to be a determination made under this section.\n> \n> > (7) Nothing in this section affects the liability of any person to pay any fees charged under section 22 (2).\n> \n> **s 19:** Am 2002 No 125, Sch 1 \\[1\\].","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Mines rescue company to serve notice of contribution payable on owner of coal mine","content":"#### 20 Mines rescue company to serve notice of contribution payable on owner of coal mine\n\n20 Mines rescue company to serve notice of contribution payable on owner of coal mine\n\n> > (1) The mines rescue company must, for each year, serve on each owner of a coal mine a notice specifying the following—\n> > \n> > > (a) the amount that the owner is required to pay under section 19,\n> > \n> > > (b) the method by which that amount has been determined,\n> > \n> > > (c) the date by which the amount must be paid (or, if the amount may be paid by instalments, the amount of each instalment and the date by which that instalment must be paid).\n> \n> > (2) If a regulation replaces a determination (as referred to in section 19 (5)), the mines rescue company must serve on each owner of a coal mine a further notice under subsection (1) in respect of the replacement determination.\n> \n> > (3) A notice required by this section is taken to have been served on the owner of a coal mine—\n> > \n> > > (a) if, in the case of an owner who is not a body corporate, it is delivered to the owner personally, or is sent by post to the owner’s last address known to the mines rescue company, or\n> > \n> > > (b) if, in the case of an owner who is a body corporate, it is served in a manner authorised under the Corporations Act for service of documents on a body corporate.","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Money due to mines rescue company","content":"#### 21 Money due to mines rescue company\n\n21 Money due to mines rescue company\n\n> > (1) The mines rescue company may waive or refund the whole or any part of any contribution, interest or other money due or paid to the company in any particular case or in any class of cases.\n> \n> > (2) Any contribution, interest or other money due to the mines rescue company may be recovered as a debt in a court of competent jurisdiction.","sortOrder":26},{"sectionNumber":"Division 4","sectionType":"division","heading":"General financial matters","content":"## Division 4 General financial matters\n\nDivision 4 General financial matters","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":"No fees for certain services","content":"#### 22 No fees for certain services\n\n22 No fees for certain services\n\n> > (1) The mines rescue company must not charge fees for services provided by it in the exercise of the functions specified in section 14.\n> \n> > (2) Despite subsection (1), the mines rescue company may charge fees for providing rescue services and facilities (including rescue equipment) to deal with an emergency in an underground coal mine in the State.\n> \n> > (3) However, the mines rescue company is not to charge any fee in respect of the first 8 hours (or such longer period as the regulations may prescribe) during which it provides those services and facilities in relation to the emergency.\n> \n> > (4) A reference in this section to the providing of facilities includes a reference to the use of those facilities.\n> \n> Note—\n> \n> Section 14 sets out the principal functions of the mines rescue company. Except as provided by section 22 (2), the costs of exercising those functions are to be defrayed by the contributions, under section 19, of owners of coal mines.\n> \n> **s 22:** Am 2002 No 125, Sch 1 \\[2\\] \\[3\\].","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Approved companies not subject to certain State taxes","content":"#### 23 Approved companies not subject to certain State taxes\n\n23 Approved companies not subject to certain State taxes\n\n> > (1) An approved company, and a subsidiary of an approved company, is not liable to taxation under any law of the State (other than under the [Mine Safety (Cost Recovery) Act 2005](/view/html/inforce/current/act-2005-116)) except in so far as the approved company or the subsidiary establishes or administers (or establishes and administers), or provides administrative services in respect of, a superannuation scheme.\n> \n> > (2) Subsection (1) does not apply to an approved company, or a subsidiary of an approved company, that engages in activities outside the coal industry (except in so far as those activities are necessary to enable it to exercise its functions in relation to the coal industry).\n> \n> > (3) Subsection (2) does not apply to the mines rescue company in respect of the exercise of its functions under Division 3 of this Part or Part 4 in relation to mines other than coal mines.\n> \n> **s 23:** Am 2005 No 116, sec 18.","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Workers compensation funds","content":"#### 24 Workers compensation funds\n\n24 Workers compensation funds\n\n> > (1) All premiums and other money received by the workers compensation company under any workers compensation insurance scheme established, administered or provided by that company, and any other money received by the company for the purposes of the scheme (including, but not limited to, money received under subsection (2)), must be applied—\n> > \n> > > (a) to pay any sum required to be paid by the company under any workers compensation scheme established, administered or provided by it, and\n> > \n> > > (b) to pay any expenses incurred in the management and administration of any such scheme, and\n> > \n> > > (b1) to pay, to the Minister administering the [District Court Act 1973](/view/html/inforce/current/act-1973-009), such of the costs of operation of the District Court relating to a coal miner matter under section 105 of the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086), being costs incurred after 30 June 2005, as the Minister administering the [District Court Act 1973](/view/html/inforce/current/act-1973-009) and the Minister administering this Act agree are to be paid from those premiums and that money, and\n> > \n> > > (c) to pay for the provision of work health and rehabilitation services, and\n> > \n> > > (d) for such other purposes related to the coal industry, to the company’s welfare functions or to workers formerly engaged in the coal industry as may be approved by the Minister.\n> \n> > (2) If the workers compensation company is satisfied (from the results of an actuarial investigation or from other information) that there is an overall deficit in the funds to be applied for the purposes specified in subsection (1), the workers compensation company may, by notice in writing to each employer in the coal industry in the State, require the employer to pay to the company a contribution of such amount as the company may determine and specify in the notice.\n> \n> > (3) The contribution is payable—\n> > \n> > > (a) in respect of the financial year specified in the notice, and\n> > \n> > > (b) at such time as is so specified.\n> \n> **s 24:** Am 2005 No 64, Sch 1.5; 2011 No 67, Sch 4.1 \\[3\\].","sortOrder":30},{"sectionNumber":"Division 5","sectionType":"division","heading":"Appointment and powers of inspectors","content":"## Division 5 Appointment and powers of inspectors\n\nDivision 5 Appointment and powers of inspectors","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Approved companies may appoint inspectors","content":"#### 25 Approved companies may appoint inspectors\n\n25 Approved companies may appoint inspectors\n\n> > (1) An approved company may, by notice in writing given to any of its employees or officers, appoint the employees or officers as inspectors for the purposes of undertaking inspections to assist the approved company in the exercise of its functions.\n> \n> > (2) As soon as practicable after making its first appointment under this section, an approved company must provide the Minister with a list specifying the names of each of its employees so appointed. The company must also, as soon as practicable after the occurrence of any change that would affect the list, notify the Minister in writing of the change.","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":"Powers of inspectors to carry out searches","content":"#### 26 Powers of inspectors to carry out searches\n\n26 Powers of inspectors to carry out searches\n\n> > (1) An inspector may enter, at any reasonable time, any premises for the purpose of making an inspection referred to in section 25 and may do any or all of the following—\n> > \n> > > (a) search the premises,\n> > \n> > > (b) take photographs, or make sketches, of the premises or any substance or thing at the premises,\n> > \n> > > (c) inspect any book, record or document kept at the premises,\n> > \n> > > (d) remove, or make copies of, any such book, record or document.\n> \n> > (2) An inspector may not exercise any powers under this section in relation to premises unless the inspector has—\n> > \n> > > (a) produced the inspector’s notice of appointment as an inspector for inspection by the occupier of the premises, and\n> > \n> > > (b) informed the occupier of the purpose of the inspector’s entry of the premises.\n> \n> > (3) An inspector may not, under this section, enter premises that are a residence unless the occupier of the premises has consented to the entry.\n> \n> > (4) An inspector must use no more force than is reasonably necessary in effecting entry on to any premises.\n> \n> > (5) If damage is caused to property by an inspector in exercising a power of entry under this section, reasonable compensation is payable by the approved company of which the inspector is an employee to the owner of the property, unless the damage resulted from, or was connected with, obstruction of the inspector.\n> \n> > (6) In this section, premises includes buildings, land and mines.","sortOrder":33},{"sectionNumber":"27","sectionType":"section","heading":"Power to require information","content":"#### 27 Power to require information\n\n27 Power to require information\n\n> > (1) An inspector who has entered premises for the purpose of making an inspection referred to in section 25 may, to the extent that it is reasonably necessary to ascertain whether orders or requirements of the approved company in the exercise of any of its functions under Division 2 or 3 of this Part or Part 4 have been complied with, require a person to answer any questions put by the inspector and to produce any books, records or documents required by the inspector.\n> \n> > (2) An inspector is not entitled to make a requirement of a person under this section unless the inspector produces his or her notice of appointment as an inspector for inspection by the person.","sortOrder":34},{"sectionNumber":"28","sectionType":"section","heading":"Retention of books, records and documents","content":"#### 28 Retention of books, records and documents\n\n28 Retention of books, records and documents\n\n> If an inspector removes a book, record or document from premises under this Division, or a person produces a book, record or document to an inspector in accordance with a requirement of an inspector under this Division—\n> \n> > (a) the inspector may retain possession of the book, record or document for such period as is necessary and reasonable for the purpose of ascertaining whether any orders or requirements referred to in section 27 (1) have been complied with, and\n> \n> > (b) during that period, the inspector must permit a person who would be entitled to inspect the book, record or document if it were not in the inspector’s possession to inspect the book, record or document at all reasonable times.","sortOrder":35},{"sectionNumber":"29","sectionType":"section","heading":"Exoneration from personal liability","content":"#### 29 Exoneration from personal liability\n\n29 Exoneration from personal liability\n\n> A matter or thing done or omitted to be done by an inspector acting under the direction of an approved company does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this or any other Act, subject the inspector personally to any action, liability, claim or demand.","sortOrder":36},{"sectionNumber":"Division 6","sectionType":"division","heading":"Certain obligations of owners and managers of coal mines and employers in the coal industry in relation to approved companies","content":"## Division 6 Certain obligations of owners and managers of coal mines and employers in the coal industry in relation to approved companies\n\nDivision 6 Certain obligations of owners and managers of coal mines and employers in the coal industry in relation to approved companies","sortOrder":37},{"sectionNumber":"30","sectionType":"section","heading":"Contributions to be paid by due date","content":"#### 30 Contributions to be paid by due date\n\n30 Contributions to be paid by due date\n\n> > (1) The owner of a coal mine must pay any amount required by the notice served on the owner under section 20 on or before the date specified in that notice for payment of the amount concerned.\n> \n> > (2) An employer in the coal industry in the State must pay any amount required by the notice served on the owner under section 24 (2) on or before the date specified in that notice for payment of the amount concerned.\n> \n> > (3) If payment is not made on or before the relevant date, the owner or employer concerned must pay interest on the amount in respect of the period from that date until the date of payment at such rate, not exceeding 15 per cent per year, as the mines rescue company or the workers compensation company (as the case requires) determines from time to time for the purposes of this subsection.","sortOrder":38},{"sectionNumber":"31","sectionType":"section","heading":"Workers compensation","content":"#### 31 Workers compensation\n\n31 Workers compensation\n\n> > (1) The workers compensation company has the power to require any employer in the coal industry in the State to effect with or through that company all workers compensation insurance in respect of the employer’s employees in the industry.\n> \n> > (2) An employer in the coal industry in the State must comply with any such requirement.\n> \n> > (3) The following are specifically authorised by this Act for the purposes of the [Competition and Consumer Act 2010](http://www.legislation.gov.au/) of the Commonwealth and the Competition Code of New South Wales—\n> > \n> > > (a) any matter or thing done by the workers compensation company in imposing a requirement under this section,\n> > \n> > > (b) any agreement entered into by or with the workers compensation company for the purpose of effecting workers compensation insurance in accordance with a requirement made under this section,\n> > \n> > > (c) the conduct of the parties in entering into any such agreement,\n> > \n> > > (d) the conduct of the parties in performing any such agreement.\n> \n> > (4) The maximum penalty that may be imposed for failure to comply with a requirement under this section is—\n> > \n> > > (a) in the case of a corporation—100 penalty units for the first day the contravention occurs and an additional 50 penalty units for each subsequent day on which the contravention continues, or\n> > \n> > > (b) in the case of an individual—50 penalty units for the first day the contravention occurs and an additional 25 penalty units for each subsequent day on which the contravention continues.\n> \n> > (5) In this section—\n> > \n> > > (a) agreement includes a contract, arrangement or understanding, and\n> > \n> > > (b) a reference to the workers compensation company or an employer in the coal industry includes a reference to the officers and agents of, and other persons duly authorised by, the company or employer concerned.\n> \n> **s 31:** Am 2018 No 68, Sch 2.6.","sortOrder":39},{"sectionNumber":"32","sectionType":"section","heading":"Co-operation with inspectors","content":"#### 32 Co-operation with inspectors\n\n32 Co-operation with inspectors\n\n> An owner or manager of a coal mine, or an agent or employee of such an owner or manager, must not, without reasonable excuse—\n> \n> > (a) refuse to answer any question put to the person under section 27, or\n> \n> > (b) knowingly make any false or misleading statement in answer to any such question, or\n> \n> > (c) fail or refuse to produce any book, record or document required to be produced under section 27, or\n> \n> > (d) delay, obstruct or hinder an inspector in the exercise of any functions conferred on the inspector under Division 5.\n> \n> Maximum penalty—100 penalty units in the case of a corporation or 30 penalty units in the case of an individual.","sortOrder":40},{"sectionNumber":"Part 4","sectionType":"part","heading":"New South Wales Mines Rescue Brigade","content":"# Part 4 New South Wales Mines Rescue Brigade\n\nPart 4 New South Wales Mines Rescue Brigade","sortOrder":41},{"sectionNumber":"33","sectionType":"section","heading":"Establishment of Mines Rescue Brigade","content":"#### 33 Establishment of Mines Rescue Brigade\n\n33 Establishment of Mines Rescue Brigade\n\n> There is established by this Act the New South Wales Mines Rescue Brigade.","sortOrder":43},{"sectionNumber":"34","sectionType":"section","heading":"Functions of Brigade","content":"#### 34 Functions of Brigade\n\n34 Functions of Brigade\n\n> The function of the Brigade is to provide, under the control and direction of the mines rescue company, a mine rescue service for responding to, and dealing with, emergencies arising at underground coal mines in New South Wales and at other mines.","sortOrder":44},{"sectionNumber":"35","sectionType":"section","heading":"Composition of Brigade","content":"#### 35 Composition of Brigade\n\n35 Composition of Brigade\n\n> > (1) The Brigade comprises all persons for the time being appointed as members of the Brigade by the mines rescue company.\n> \n> > (2) A member of the Brigade is, when acting as such a member, to be regarded as being employed by the mines rescue company.\n> \n> > (3) However, subsection (2)—\n> > \n> > > (a) does not apply for the purposes of any superannuation scheme established by the company for the benefit of its employees, and\n> > \n> > > (b) applies for the purposes of payment of salary or wages only while the member of the Brigade is engaged in mine rescue work (and not while undergoing training for mine rescue purposes).","sortOrder":45},{"sectionNumber":"36","sectionType":"section","heading":"Determination of mines rescue company with respect to mine rescue personnel, equipment and storage facilities","content":"#### 36 Determination of mines rescue company with respect to mine rescue personnel, equipment and storage facilities\n\n36 Determination of mines rescue company with respect to mine rescue personnel, equipment and storage facilities\n\n> > (1) The mines rescue company must, for each underground coal mine in New South Wales, determine—\n> > \n> > > (a) the number of persons employed at the mine whose services the owner of the mine must make available to the mines rescue company for mine rescue purposes, and\n> > \n> > > (b) the number of items, and the kinds, of breathing apparatus and other rescue equipment that the owner must provide at the mine for use by those persons, and\n> > \n> > > (c) the amount of area, and the kinds of facilities, that the owner must make available at the mine for the storage of that equipment when not in use, for training members of the Brigade and for use by those members during emergencies at the mine.\n> \n> > (2) The mines rescue company may, from time to time, vary a determination made under this section.\n> \n> > (3) For the purposes of this section, a determination is taken to be varied if it is revoked and replaced by another determination.","sortOrder":47},{"sectionNumber":"37","sectionType":"section","heading":"Compliance with determination","content":"#### 37 Compliance with determination\n\n37 Compliance with determination\n\n> > (1) The mines rescue company must serve a determination or variation of a determination made under this Division on the owner of the underground coal mine concerned.\n> \n> > (2) The owner of an underground coal mine on whom a determination or variation is served must not, without reasonable excuse, refuse or fail to comply with the determination, or the determination as varied, within 28 days after service (or within such further period as the mines rescue company allows).\n> > \n> > Maximum penalty—200 penalty units in the case of a corporation or 50 penalty units in the case of an individual.\n> \n> > (3) If a determination or variation requires the owner of an underground coal mine to make available the services of a specified number of persons employed at the mine, the owner must, within 14 days after the service of the determination or variation, provide the mines rescue company with a list that includes the names, addresses and any other particulars required by the mines rescue company of the persons selected for that purpose.\n> \n> > (4) If the mines rescue company is not satisfied that the owner of an underground coal mine is complying with a determination, or a determination as varied, the mines rescue company may serve on the owner a further notice specifying what the owner has to do to comply with the mines rescue company’s requirements.\n> \n> > (5) The owner of a mine on whom such a further notice is served must not, without reasonable excuse, refuse or fail to comply with the notice within 28 days after service (or within such further period as the mines rescue company allows).\n> > \n> > Maximum penalty—200 penalty units in the case of a corporation or 50 penalty units in the case of an individual.","sortOrder":48},{"sectionNumber":"38","sectionType":"section","heading":"Modification of owner’s obligation to comply with determination","content":"#### 38 Modification of owner’s obligation to comply with determination\n\n38 Modification of owner’s obligation to comply with determination\n\n> > (1) The obligation imposed on the owner of an underground coal mine by section 37 (2) or (5) is modified to the extent that the mines rescue company—\n> > \n> > > (a) has refused to appoint as a member of the Brigade a person whose name is included in a list provided by the owner under section 37 (3), or\n> > \n> > > (b) has terminated the appointment of a member previously appointed from a list so provided.\n> \n> > (2) That obligation is also subject to the willingness of the persons whose names are included in such a list to be appointed as members of the Brigade.","sortOrder":49},{"sectionNumber":"39","sectionType":"section","heading":"Right to apply for administrative review of determination","content":"#### 39 Right to apply for administrative review of determination\n\n39 Right to apply for administrative review of determination\n\n> > (1) The owner of an underground coal mine on whom a determination, or a variation of a determination, made under section 36 is served may, if dissatisfied with the determination or variation, apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the decision giving rise to the determination or variation.\n> \n> > (2) If such an application is made—\n> > \n> > > (a) proceedings against the applicant for an offence under section 37 (2) or (5) may not be instituted, and\n> > \n> > > (b) any such pending proceedings are stayed,\n> > \n> > until the completion of the review process.\n> \n> **s 39:** Am 2013 No 95, Sch 2.29.","sortOrder":50},{"sectionNumber":"40","sectionType":"section","heading":"Appointment of members of Brigade","content":"#### 40 Appointment of members of Brigade\n\n40 Appointment of members of Brigade\n\n> > (1) On being provided with a list in accordance with section 37 (3), the mines rescue company must either appoint or refuse to appoint as members of the Brigade the persons whose names are included in the list.\n> \n> > (2) The mines rescue company may also appoint any other person as a member of the Brigade.\n> \n> > (3) However, a person is not to be appointed as a member of the Brigade without his or her consent.","sortOrder":52},{"sectionNumber":"41","sectionType":"section","heading":"Termination of appointment of members of Brigade","content":"#### 41 Termination of appointment of members of Brigade\n\n41 Termination of appointment of members of Brigade\n\n> > (1) The mines rescue company may terminate the appointment of a member of the Brigade at any time.\n> \n> > (2) If the mines rescue company refuses to appoint, or terminates the appointment of, a person named in the list referred to in section 37 (3) as a member of the Brigade, it must, by notice in writing, inform the person and the owner of the underground coal mine concerned of the mines rescue company’s decision and the reason why the person was not appointed or the person’s appointment was terminated.\n> \n> > (3) Within 14 days after being so informed, the owner of the underground coal mine concerned must provide the mines rescue company with a further list specifying the name, address and any other particulars required by the mines rescue company of another person employed by the owner to replace the person whose appointment was refused or terminated.\n> \n> > (4) Subsection (3) applies as often as may be necessary to ensure that the owner makes available to the mines rescue company the services of the number of persons specified in the determination, or variation, served on the owner.\n> \n> > (5) If the owner of the underground coal mine concerned does not comply with subsection (3) within the period of 14 days referred to in that subsection, the owner is taken not to have complied with the determination of the mines rescue company served on the owner under section 37, or the determination as varied.\n> \n> > (6) For the purposes of subsection (3), the mines rescue company is taken to have terminated the appointment of a member of the Brigade (and to have informed the owner of the underground coal mine concerned of the termination in accordance with subsection (2)) on the date on which the member ceased to be employed at the mine.","sortOrder":53},{"sectionNumber":"42","sectionType":"section","heading":"Arbitration of dispute concerning appointment and termination of appointment of members of Brigade","content":"#### 42 Arbitration of dispute concerning appointment and termination of appointment of members of Brigade\n\n42 Arbitration of dispute concerning appointment and termination of appointment of members of Brigade\n\n> > (1) The mines rescue company and the owner of the underground coal mine concerned are taken to have entered into an arbitration agreement to have arbitrated under the [Commercial Arbitration Act 2010](/view/html/inforce/current/act-2010-061) any dispute between the mines rescue company and the owner arising from a decision of the mines rescue company refusing to appoint, or terminating the appointment of, a member of the Brigade.\n> \n> > (2) If any such dispute arises, that Act applies accordingly.\n> \n> **s 42:** Am 2010 No 61, Sch 2.6.","sortOrder":54},{"sectionNumber":"43","sectionType":"section","heading":"Training of Brigade","content":"#### 43 Training of Brigade\n\n43 Training of Brigade\n\n> The mines rescue company is responsible for ensuring that members of the Brigade are adequately trained in—\n> \n> > (a) the use of breathing apparatus and other mine safety equipment, and\n> \n> > (b) mine safety procedures, and\n> \n> > (c) the work involved in rescuing persons who may become trapped in a mine or who may otherwise need to be rescued from dangerous situations occurring at or in a mine, and\n> \n> > (d) the procedures involved in sealing an underground coal mine and in reopening such a mine that has been sealed, and\n> \n> > (e) such other matters as the mines rescue company considers necessary.","sortOrder":56},{"sectionNumber":"44","sectionType":"section","heading":"Owner must allow Brigade member to attend training and emergencies","content":"#### 44 Owner must allow Brigade member to attend training and emergencies\n\n44 Owner must allow Brigade member to attend training and emergencies\n\n> The owner of a mine who employs a member of the Brigade must not, without reasonable excuse, refuse or fail to allow that member to attend—\n> \n> > (a) any official training for members of the Brigade, or\n> \n> > (b) an emergency to which the member is called to attend as such a member.\n> \n> Maximum penalty—200 penalty units in the case of a corporation or 50 penalty units in the case of an individual.","sortOrder":57},{"sectionNumber":"45","sectionType":"section","heading":"Reportable events","content":"#### 45 Reportable events\n\n45 Reportable events\n\n> > (1) The mines rescue company is responsible for ensuring compliance with this section.\n> \n> > (2) If a reportable event occurs at a mine rescue station, the person in charge of the station must—\n> > \n> > > (a) immediately give oral notice of the event to the regulator within the meaning of the [Work Health and Safety (Mines and Petroleum Sites) Act 2013](/view/html/inforce/current/act-2013-054) and to the mines rescue company, and\n> > \n> > > (b) within the following 24 hours send a written notice to them setting out—\n> > > \n> > > > (i) the nature of the event, and\n> > > \n> > > > (ii) the number and names of any persons killed or injured as a consequence of the event.\n> \n> > (3) The person in charge of a mine rescue station—\n> > \n> > > (a) must keep a record of all reportable events occurring at the station, and\n> > \n> > > (b) must make the record available for inspection by the mines rescue company, or by any person designated by the mines rescue company, whenever the mines rescue company or person requests production of the record.\n> \n> > (4) An event is a reportable event at a mine rescue station—\n> > \n> > > (a) if it is an accident which causes the death of a member of the Brigade or a serious bodily injury to such a member, being an accident occurring while the member is acting as such a member and is working at or from the station, or\n> > \n> > > (b) if it involves the breakdown of mine rescue equipment (such as breathing apparatus) that is in use at the station or is otherwise used by the Brigade at the station.\n> \n> > (5) In this section, serious bodily injury means—\n> > \n> > > (a) a fracture of the skull, jaw, spine, pelvis, arm, shoulder-blade, collar-bone, forearm, thigh, leg, knee-cap, ankle or ribs, or\n> > \n> > > (b) a dislocation of the shoulder, elbow, hip, knee or spine, or\n> > \n> > > (c) an amputation of the hand or foot or of a substantial part of the hand or foot, or\n> > \n> > > (d) the serious impairment or loss of sight of an eye, or\n> > \n> > > (e) an internal haemorrhage receiving hospital treatment, or\n> > \n> > > (f) burns receiving treatment from a registered medical practitioner, or\n> > \n> > > (g) an injury involving injection of hydraulic fluid, or\n> > \n> > > (h) asphyxia.\n> \n> **s 45:** Am 2002 No 129, Sch 2.2 \\[3\\]–\\[5\\]; 2013 No 54, Sch 3.2 \\[3\\]; 2015 No 43, Sch 4.2.","sortOrder":58},{"sectionNumber":"46","sectionType":"section","heading":"Certificates and medallions","content":"#### 46 Certificates and medallions\n\n46 Certificates and medallions\n\n> > (1) When the mines rescue company is satisfied that a member of the Brigade has successfully completed a course of training in mine rescue work approved by the mines rescue company and is competent to take part in mine rescue work, the member is entitled to receive from the mines rescue company a certificate to that effect.\n> \n> > (2) The mines rescue company must keep a register of certificates issued under this section.\n> \n> > (3) The mines rescue company must not authorise a member of the Brigade to enter an irrespirable atmosphere in a mine when undertaking mine rescue work or mine rescue training unless the person—\n> > \n> > > (a) is wearing suitable breathing apparatus, and\n> > \n> > > (b) is the holder of a certificate issued under this section.\n> \n> > (4) The mines rescue company may issue a medallion to any member of the Brigade who, in its opinion, has satisfactorily completed such period of service as such a member as the mines rescue company determines. Service as a member of a permanent rescue corps established under the [Mines Rescue Act 1925](/view/pdf/asmade/act-1925-3) or as a member of the New South Wales Mines Rescue Brigade established under the [Mines Rescue Act 1994](/view/pdf/asmade/act-1994-13) may be treated as service as a member of the Brigade for the purposes of this subsection.","sortOrder":59},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":60},{"sectionNumber":"47","sectionType":"section","heading":"Effect of certain other Acts","content":"#### 47 Effect of certain other Acts\n\n47 Effect of certain other Acts\n\n> > (1) Nothing in this Act affects the operation of—\n> > \n> > > (a) the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165), or\n> > \n> > > (b) the [State Emergency Service Act 1989](/view/html/inforce/current/act-1989-164).\n> \n> > (2) An approved company is, in the exercise of its functions, subject to those Acts.","sortOrder":61},{"sectionNumber":"48","sectionType":"section","heading":"Effect of certain challenges","content":"#### 48 Effect of certain challenges\n\n48 Effect of certain challenges\n\n> Except as expressly provided in this Act, any legal challenge to an order or requirement made by or under this Act, or to a discretion exercised under this Act, does not operate—\n> \n> > (a) to suspend any obligation to comply with any such order or requirement (unless the court otherwise orders), or\n> \n> > (b) to prevent the institution of proceedings, or to stay any pending proceedings, for failure so to comply.","sortOrder":62},{"sectionNumber":"49","sectionType":"section","heading":"Authority to prosecute","content":"#### 49 Authority to prosecute\n\n49 Authority to prosecute\n\n> > (1) Proceedings for an offence under this Act or the regulations may be instituted only by—\n> > \n> > > (a) the Minister, or\n> > \n> > > (b) the Director of Public Prosecutions.\n> \n> > (2) If an inspector is of the opinion that an offence against this Act or the regulations has been committed, the inspector may compile a report on the alleged offence and forward it to the Director of Public Prosecutions.\n> \n> > (3) The Director of Public Prosecutions must consider any report forwarded to the Director under this section and determine whether to institute proceedings in respect of the alleged offence to which the report relates.","sortOrder":63},{"sectionNumber":"50","sectionType":"section","heading":"Nature of proceedings for offences","content":"#### 50 Nature of proceedings for offences\n\n50 Nature of proceedings for offences\n\n> > (1) Proceedings for an offence under this Act or the regulations may be dealt with—\n> > \n> > > (a) summarily before the Local Court, or\n> > \n> > > (b) summarily before the Supreme Court in its summary jurisdiction.\n> \n> > (2) If proceedings are brought in the Local Court, the maximum monetary penalty that the Local Court may impose for the offence is 100 penalty units, despite any higher maximum monetary penalty provided in respect of the offence.\n> \n> **s 50:** Am 2007 No 94, Schs 2, 4.","sortOrder":64},{"sectionNumber":"51","sectionType":"section","heading":"Status of approved companies","content":"#### 51 Status of approved companies\n\n51 Status of approved companies\n\n> For avoidance of doubt—\n> \n> > (a) an approved company—\n> > \n> > > (i) is not an instrumentality or agent of the Crown, and\n> > \n> > > (ii) cannot render the Crown liable for any debts, liabilities or obligations of the company, and\n> \n> > (b) none of the following Acts applies to or in respect of an approved company—\n> > \n> > > (i) the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035),\n> > \n> > > (ii) the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068),\n> > \n> > > (iii) any other Act prescribed for the purposes of this paragraph.","sortOrder":65},{"sectionNumber":"52","sectionType":"section","heading":"Crown not bound","content":"#### 52 Crown not bound\n\n52 Crown not bound\n\n> This Act does not bind the Crown (except in relation to such mines as are owned by the Crown or by an instrumentality or agent of the Crown).","sortOrder":66},{"sectionNumber":"53","sectionType":"section","heading":"Regulations","content":"#### 53 Regulations\n\n53 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) Without limiting subsection (1), the regulations may make provision for or with respect to the following—\n> > \n> > > (a) requiring an approved company to provide the Minister, within the prescribed time, with such information (including copies of documents) relating to the company’s exercise of its functions as the regulation may specify,\n> > \n> > > (b) matters that are to be included in the annual operating plan of an approved company,\n> > \n> > > (c) modifying the functions conferred on inspectors under this Act (including withdrawing any of those functions from inspectors),\n> > \n> > > (d) regulating inspectors in the exercise of their functions,\n> > \n> > > (e) regulating or prohibiting acts or omissions, or acts or omissions of a kind, specified in the regulation in relation to one or more approved companies (or a class, or classes, of approved companies) so specified.\n> \n> > (3) A regulation may create an offence punishable by a penalty not exceeding 30 penalty units.\n> \n> > (4) Before a regulation is made for the purposes of subsection (2) (e), the Minister must certify to the Governor that the regulation is necessary to protect the rights or interests, or to ensure the equitable treatment, of a particular worker engaged in the coal industry or owner of a mine.\n> \n> > (5) At least 21 days before a draft regulation under this section is presented to the Governor, the Minister must furnish a copy of the draft to the Board of Directors of each approved company that will be affected by the proposed regulation.","sortOrder":67},{"sectionNumber":"54","sectionType":"section","heading":"Repeal","content":"#### 54 Repeal\n\n54 Repeal\n\n> The [Mines Rescue Act 1994](/view/pdf/asmade/act-1994-13) is repealed.","sortOrder":68},{"sectionNumber":"55","sectionType":"section","heading":null,"content":"#### 55\n\n55, 56 (Repealed)","sortOrder":69},{"sectionNumber":"57","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 57 Savings, transitional and other provisions\n\n57 Savings, transitional and other provisions\n\n> Schedule 8 has effect.","sortOrder":71},{"sectionNumber":"58","sectionType":"section","heading":"Review of Act","content":"#### 58 Review of Act\n\n58 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":72},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Transfer of staff of Joint Coal Board","content":"# Schedule 1 Transfer of staff of Joint Coal Board\n\nSchedule 1 Transfer of staff of Joint Coal Board\n\n(Section 5 (4))","sortOrder":73},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Transfer of assets, rights and liabilities of Joint Coal Board","content":"# Schedule 2 Transfer of assets, rights and liabilities of Joint Coal Board\n\nSchedule 2 Transfer of assets, rights and liabilities of Joint Coal Board\n\n(Sections 6 (3) and 7 (4))","sortOrder":84},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Transfer of assets, rights and liabilities of Mines Rescue Board","content":"# Schedule 3 Transfer of assets, rights and liabilities of Mines Rescue Board\n\nSchedule 3 Transfer of assets, rights and liabilities of Mines Rescue Board\n\n(Section 8 (2))","sortOrder":90},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Transfer of staff of Mines Rescue Board","content":"# Schedule 4 Transfer of staff of Mines Rescue Board\n\nSchedule 4 Transfer of staff of Mines Rescue Board\n\n(Section 8 (2))","sortOrder":95},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Provisions to be included in constitution of approved company","content":"# Schedule 5 Provisions to be included in constitution of approved company\n\nSchedule 5 Provisions to be included in constitution of approved company\n\n(Section 9 (1))\n\nProvisions to the effect of the following are to be included in the constitution of an approved company—\n\n**sch 5:** Am 2023 No 40, Sch 2\\[4\\].","sortOrder":101},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":null,"content":"# Schedule 6\n\nSchedules 6, 7 (Repealed)\n\n**sch 6:** Rep 2003 No 82, Sch 3.\n\n**sch 7:** Rep 2003 No 82, Sch 3.","sortOrder":112},{"sectionNumber":"Schedule 8","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 8 Savings, transitional and other provisions\n\nSchedule 8 Savings, transitional and other provisions\n\n(Section 57)\n\n**sch 8:** Am 2002 No 12, Sch 1; 2002 No 125, Sch 1 \\[4\\].","sortOrder":113},{"sectionNumber":"1A","sectionType":"section","heading":"Validation relating to commencement of Act","content":"#### 1A Validation relating to commencement of Act\n\n1A Validation relating to commencement of Act\n\n> > (1) To avoid doubt, past acts are as valid, and are taken always to have been as valid, as they would have been if the [Coal Industry Repeal Act 2001](http://www.legislation.gov.au/) of the Commonwealth had commenced on 1 January 2002.\n> \n> > (2) Subclause (1) is enacted in accordance with the express intention of the Parliament of the Commonwealth (set out in section 6 (6) of the [Coal Industry Repeal (Validation of Proclamation) Act 2002](http://www.legislation.gov.au/) of the Commonwealth) that a law of New South Wales may make provision in terms of that subclause.\n> \n> > (3) Subclause (1) has effect to the extent to which it is not in excess of the legislative power of the Parliament of New South Wales.\n> \n> > (4) In this section—\n> > \n> > past act means an act or thing that was done on the assumption that the [Coal Industry Repeal Act 2001](http://www.legislation.gov.au/) of the Commonwealth had commenced on 1 January 2002.","sortOrder":116}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 2001 intent was narrowly focused on dissolving the Joint Coal Board and Mines Rescue Board following Commonwealth repeal of the Coal Industry Act 1946 and transferring functions to industry-owned approved companies while preserving mines rescue capacity. Subsequent amendments (notably those aligning with the 2013 WHS reforms, substitution of NCAT for the former Mining Tribunal, insertion of District Court cost-recovery provisions in s 24(1)(b1), and updates to superannuation and penalty references) have broadened the Act's scope. It now operates as a hybrid safety-funding and administrative vehicle integrated into the contemporary work health and safety and workers compensation ecosystem, extending beyond the original transitional purpose to ongoing regulatory oversight of training approvals, dust monitoring, inspector powers and compulsory insurance arrangements."},"complexity_factors":["27 defined terms in s 3 plus further definitions in schedules, many with inclusive/exclusive lists and cross-references to other statutes","Layered structure with 5 Parts, 6 Divisions in Part 3 alone, and 8 Schedules dealing with staff transfers, asset vesting, constitutional requirements and savings provisions","Heavy cross-referencing to the Corporations Act 2001 (Cth), Work Health and Safety (Mines and Petroleum Sites) Act 2013, Administrative Decisions Review Act 1997, State Owned Corporations Act 1989 and repealed predecessor Acts","Conditional logic for approvals (s 9(3) prohibitions on multiple companies performing the same function), contribution calculations (s 19(3) six discretionary factors), and review/stay mechanisms (ss 12(4), 13(8), 39(2))","Transitional provisions in Schedules 1–4 and 8 that deem prior orders, schemes and Brigade membership to continue under the new regime, plus validation clauses for Commonwealth commencement mismatches"],"plain_english_summary":"**This Act creates a modern framework for delivering essential health, safety, rescue, training, superannuation and workers compensation services to the NSW coal mining industry through specially approved, industry-owned companies.**\n\nInstead of old government-style boards, the law dissolves the former Joint Coal Board and Mines Rescue Board and transfers their people, money, buildings and legal responsibilities to new 'approved companies'. These companies must be owned equally by the Mining and Energy Union (or its subsidiary) and the NSW Minerals Council (or its subsidiary). One company focuses on mines rescue and another on workers compensation insurance.\n\n**Key things the Act does:**\n- Sets up the NSW Mines Rescue Brigade (a specialist team of mine workers trained to respond to underground emergencies like fires, explosions or collapses).\n- Requires coal mine owners to pay annual contributions to fund rescue services, calculated on factors such as how much coal is produced, number of employees, risk level and past standby costs.\n- Gives approved companies legal powers to collect safety data, monitor dust, set training standards, appoint inspectors, issue binding orders to protect worker health, and run superannuation schemes for coal miners and their families.\n- Imposes clear duties on mine owners and employers to cooperate with inspectors, pay contributions on time (with up to 15% interest on late payments), allow Brigade members time off for training and emergencies, and buy workers compensation insurance only through the approved company.\n- Creates offences with penalties (typically 50–200 penalty units) for non-compliance, while allowing appeals to the Civil and Administrative Tribunal (NCAT).\n\n**Who it affects:** Coal mine owners and operators (including contractors), employers of coal workers, the approved companies themselves, members of the Mines Rescue Brigade, current and former coal miners and their dependants, and the union and industry council that own the companies.\n\n**Why it matters:** Coal mining is inherently dangerous. The Act ensures that specialist, industry-funded services for emergency rescue, health monitoring, training and financial protection continue without relying on direct government delivery. It balances strong safety obligations with industry self-management while protecting the public interest through Ministerial oversight and parliamentary entrenchment of the companies' constitutions."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to assess whether the scope of the Act changed from its original intent. The document contains only navigation menus, version history, and administrative metadata. A proper scope assessment would require the actual legislative provisions."},"complexity_factors":["Only metadata and status information was provided — no substantive legal provisions are present in the supplied text","The Act has undergone 16 amendments over 22 years, suggesting the full legislation would be moderately to highly complex if the actual text were available","Coal industry regulation typically intersects multiple legal domains (environmental law, workplace safety, mining rights, contracts), which would add complexity if the full text were reviewed","The score is kept low because no actual legal content was available to assess"],"plain_english_summary":"## Coal Industry Act 2001 (NSW)\n\n**What is this?**\nThis is a NSW law that governs the coal industry in New South Wales. However, the document provided contains only the **metadata and status information** for the Act — the actual legal provisions (the rules and obligations the law creates) are not included in the text provided.\n\n**What we can tell from the metadata:**\n- The Act has been in force since **December 2001** and has been updated **16 times** over more than two decades, suggesting it is actively maintained legislation.\n- It falls under the responsibility of the **Minister for Natural Resources**, meaning it deals with how coal (a natural resource) is managed, regulated, or extracted in NSW.\n- The most recent update was **15 December 2023**.\n\n**Who does it likely affect?**\nBased on its title and ministerial responsibility, this Act would typically affect:\n- **Coal mining companies** operating in NSW\n- **Coal industry workers**\n- **Landowners** near coal operations\n- **Government regulators** overseeing the sector\n\n**Bottom line:** Without the actual text of the provisions, a full analysis of rights, obligations, and impacts cannot be completed. The document supplied is essentially just the cover page and version history of the Act, not the Act itself."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act changes the institutional arrangement for coal-industry safety and related services by dissolving the Joint Coal Board and the Mines Rescue Board and vesting their functions, assets, rights, liabilities and staff in Minister‑approved private companies (s 5–8; Schs 1–4). It preserves employee entitlements on transfer (Schs 1–4) but removes the prior statutory boards and replaces them with corporatised approved companies and a mines rescue company with statutory duties (s 9; s 14). Transfers vest automatically without conveyance and the Schedules state no compensation is payable for transfers (Sch 2 cl 3–4; Sch 3 cl 2–4). These are substantive scope changes from the previous statutory‑board model to an approved‑company model, including new funding mechanisms (mandatory owner and employer contributions, s 19–24) and detailed governance prescriptions (Sch 5)."},"complexity_factors":["Multiple institutional restructures and transfers: dissolution of two statutory bodies and transferring their assets, rights, liabilities and staff into new corporate entities (s 5–8; Schs 1–4; Sch 2, Sch 3)","Layered ownership and governance constraints: statutory prescription of company ownership and director nomination (s 9(3)(a); Sch 5 cl 5–9), plus constitutional entrenchment (Sch 5 cl 1)","Funding and cost-recovery complexity: compulsory contributions, differential determinations by mine, emergency-fee carve-out and workers compensation premium rules (s 19–22; s 24; s 31)","Ministerial and company discretion: Minister approves companies and can order transfers (s 7, s 9); mines rescue company sets determinations and contributions (s 19, s 36); broad regulation-making power (s 53)","Compliance, inspection and enforcement regimes: inspectors’ search and information powers, retention rules, indemnities and multiple penalty provisions (s 25–29; s 12; s 13; s 32; s 37)","Interplay with Commonwealth and other State legislation: references to Corporations Act, superannuation Acts and administrative review mechanisms (s 3 definitions; Sch 1 Part 2; s 12(3); s 39)","Transitional protections and exclusions: preservation of employment terms, superannuation transfer mechanics and non-compensation for transfers (Schs 1–4; Sch 2 cl 4–5)","Exemptions and status effects: approved companies excluded from certain State oversight Acts and tax liabilities (s 23; s 51)","Arbitration and dispute resolution overlay: compulsory arbitration under Commercial Arbitration Act for member-appointment disputes (s 42)"],"plain_english_summary":"What this law does, in short\n\n- Mechanically, the Act dissolves two existing public bodies (the Joint Coal Board and the Mines Rescue Board) and transfers their staff, assets, rights and liabilities into privately constituted but government-approved companies and a continued Mines Rescue Brigade. Key transfer rules are in sections 5–8 and Schedules 1–4 and 2–3 (s 5–8; Schs 1–4).  \n\n- The Minister decides which companies are “approved companies” (s 9). Approved companies must have specific constitutional provisions (Schedule 5) and, once approved, have the statutory functions listed in their approval notice (s 9(4)–(6), s 10).  \n\nWho it affects and who pays\n\n- Owners of coal mines and employers in the coal industry: they are required to pay annual contributions to fund mines-rescue functions (s 19–21) and, where the workers compensation company assesses a deficit, to pay additional contributions (s 24(2)). Owners must also provide specified numbers of employees and equipment for mine rescue purposes as determined by the mines rescue company (s 36–37).  \n\n- Approved companies and the mines rescue company: they receive transferred assets, staff and statutory functions and must carry out health, safety, rescue, training, data-collection, superannuation administration and workers-compensation functions that are specified in their approval (s 9–11, s 10, Divs 2–3).  \n\n- The Minister and the mines rescue company: the Minister approves companies and may make written orders transferring assets (s 7, s 9). The mines rescue company sets rescue staffing and equipment requirements for each underground coal mine (s 36–37) and determines contributions (s 19–20).  \n\nWhy it matters (official purpose-claims and mechanical effects)\n\n- The Act’s expressed effect is to continue mine-rescue capacity and coal‑industry services through approved corporate structures while dissolving older statutory boards (s 5, s 8, Schs 2–4). The Act transfers legal title and liabilities without requiring new conveyances (Sch 2 cl 3; Sch 3 cl 2). It preserves employees’ accrued leave and employment conditions on transfer (Schs 1–4).  \n\n- To fund rescue functions, the mines rescue company levies contributions on mine owners (s 19–20), and the mines rescue company cannot charge for routine rescue-related services but may charge (after an initial period) for emergency response beyond the first 8 hours (s 22). Workers compensation schemes and their premiums are administered by a workers compensation company with rules on how premiums may be used and the power to require employers to insure through it (s 24, s 31).  \n\nCompliance, enforcement and review mechanisms\n\n- Approved-company inspectors have statutory powers of entry, search and document retention for carrying out inspections (s 25–28). Inspectors are indemnified from personal liability when acting in good faith (s 29). Failure to comply with approved-company orders or company requirements can attract monetary penalties (see s 12, s 13, s 37, s 32). Affected owners and managers have a right to administrative review by the Civil and Administrative Tribunal against requirements or determinations (s 12(3), s 13(7), s 39).  \n\nGovernance and who decides inside the approved companies\n\n- Governance is materially specified in the companies’ constitutions. The Minister appoints directors and the constitution must follow the Schedule 5 scheme: 7 directors (unless MEU and Minerals Council cannot agree), with nominations supplied by the Mining and Energy Union (MEU) and the Minerals Council and the managing director nominated by other directors (Sch 5 cl 5–6). The constitution is partly entrenched (Sch 5 cl 1) and the Act prevails over inconsistent constitutional provisions (Sch 5 cl 2).  \n\nMarket and operational effects to note (mechanisms, not judgements)\n\n- Funding shift and price/operational effects: rescue capability is funded predominantly by mandatory contributions from mine owners (s 19–20) rather than direct State appropriation; this raises mines’ operating costs (s 19, s 22). The mines rescue company may set different contribution amounts by mine having regard to volume, employee numbers, standby costs, training costs, quantified accident risk and likely response cost (s 19(3)).  \n\n- Concentrated benefit and nomination rights: the MEU and the Minerals Council (or their wholly‑owned companies) are the required owners or joint owners of approved companies (s 9(3)(a)); those two organisations also nominate most directors (Sch 5 cl 5). This allocates governance influence to specific industry stakeholders (s 9; Sch 5).  \n\n- Limits on commercial freedom and competition: the Act requires employers to effect workers compensation insurance through the workers compensation company if so required (s 31(1)–(2)) and authorises that structure for competition-law purposes (s 31(3)). The mines rescue company may supply discretionary services elsewhere (s 16–18), potentially competing with private providers, but its principal functions for underground coal mines are statutory and funded by mandated contributions (s 14, s 19). Approved companies are exempt from many State taxes (s 23), which affects their relative cost position.  \n\n- Transfer mechanics and implementation risk: transfers of assets, rights and liabilities vest automatically on the transfer date (Sch 2 cl 3; Sch 3 cl 2). The Schedules provide that such transfers are not treated as breaches, events of default, or causes for compensation (Sch 2 cl 4(1)–(4); Sch 3 cl 3; Sch 2 cl 5). That reduces transaction friction but removes a compensation pathway for affected counterparties.  \n\nTrade-offs, compliance burden and discretion\n\n- Compliance burden: mine owners must receive and pay contribution notices (s 20), comply with determinations on staff, equipment and storage facilities (s 36–37), allow Brigade members to attend training and emergencies (s 44), and cooperate with inspectors (s 26–28, s 32). Penalties attach for non-compliance (s 12(2), s 13(6), s 37(2), s 44; see s 50 for prosecutorial arrangements).  \n\n- Ministerial and company discretion: the Minister approves companies (s 9), may order specified transfers to approved companies (s 7), and may make regulations (s 53). The mines rescue company determines contribution amounts and mine-specific resource requirements (s 19, s 36). These statutory discretions create implementation choices that influence costs and operations on industry participants.  \n\nOther notable mechanical points\n\n- Fees and cost recovery: the mines rescue company must not charge for its principal rescue functions (s 22(1)), but may charge for emergency rescue services after an initial fee-free period (s 22(2)–(3)).  \n\n- Tax and statutory status: approved companies are explicitly not Crown agents or instrumentalities and are excluded from several oversight Acts (s 51). They are exempt from State taxation except for certain superannuation-related activities (s 23).  \n\n- Transitional and savings: numerous savings and transitional rules preserve employment conditions, superannuation entitlements and in-force regulations/orders moved from the old boards to approved companies (Schs 1, 4, 8; Sch 2 cl 3(d); Sch 8 Part 2).  \n\nKey statutory citations (mechanics): s 5–8 (dissolutions and transfers); s 6, Sch 2 (transfer of assets/rights/liabilities); s 9 (approval and ownership constraints on approved companies); s 10 (functions); s 14–19, 22 (mines rescue functions and funding); s 24, s 31 (workers comp funds and compulsory insurance power); s 25–29 (inspectors); s 36–44 (Brigade staffing, training and owner obligations); Sch 5 (company constitution and director nominations); s 53 (regulations)."}},"importantCases":[],"_links":{"self":"/api/acts/coal-industry-act-2001","history":"/api/acts/coal-industry-act-2001/history","analysis":"/api/acts/coal-industry-act-2001/analysis","conflicts":"/api/acts/coal-industry-act-2001/conflicts","importantCases":"/api/acts/coal-industry-act-2001/important-cases","documents":"/api/acts/coal-industry-act-2001/documents"}}