{"id":"qld:act-1999-039","name":"Coal Mining Safety and Health Act 1999","slug":"coal-mining-safety-and-health-act-1999","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"39 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104651,"registerId":"qld-act-1999-039-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Coal Mining Safety and Health Act 1999 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Operation of Act","content":"## Operation of Act","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nThis Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and all the other States.\nNothing in this Act makes the State liable to be prosecuted for an offence.\n(sec.3-ssec.1) This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and all the other States.\n(sec.3-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"What does this Act apply to","content":"### sec.4 What does this Act apply to\n\nThis Act applies to coal mines and coal mining operations.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Who does this Act apply to","content":"### sec.5 Who does this Act apply to\n\nThis Act applies to—\neveryone who may affect the safety or health of persons while the persons are at a coal mine; and\neveryone who may affect the safety or health of persons as a result of coal mining operations; and\na person whose safety or health may be affected while at a coal mine or as a result of coal mining operations.\n- (a) everyone who may affect the safety or health of persons while the persons are at a coal mine; and\n- (b) everyone who may affect the safety or health of persons as a result of coal mining operations; and\n- (c) a person whose safety or health may be affected while at a coal mine or as a result of coal mining operations.","sortOrder":7},{"sectionNumber":"sec.5A","sectionType":"section","heading":"Relationship with Rail Safety National Law (Queensland)","content":"### sec.5A Relationship with Rail Safety National Law (Queensland)\n\nThis section applies if—\nthis Act, in the absence of this section, would apply to a mining railway; and\nthe Rail Safety National Law (Queensland) also applies to the mining railway.\nThis Act does not apply to the mining railway to the extent that the Rail Safety National Law (Queensland) applies.\nIn this section—\nmining railway means a railway that is in a mine other than a railway mentioned in the Rail Safety National Law (Queensland) , section 7 (1) (a) .\ns 5A ins 2017 No. 4 s 137\n(sec.5A-ssec.1) This section applies if— this Act, in the absence of this section, would apply to a mining railway; and the Rail Safety National Law (Queensland) also applies to the mining railway.\n(sec.5A-ssec.2) This Act does not apply to the mining railway to the extent that the Rail Safety National Law (Queensland) applies.\n(sec.5A-ssec.3) In this section— mining railway means a railway that is in a mine other than a railway mentioned in the Rail Safety National Law (Queensland) , section 7 (1) (a) .\n- (a) this Act, in the absence of this section, would apply to a mining railway; and\n- (b) the Rail Safety National Law (Queensland) also applies to the mining railway.","sortOrder":8},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Objects of Act","content":"## Objects of Act","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Objects of Act","content":"### sec.6 Objects of Act\n\nThe objects of this Act are—\nto protect the safety and health of persons at coal mines and persons who may be affected by coal mining operations; and\nto require that the risk of injury or illness to any person resulting from coal mining operations be at an acceptable level; and\nto provide a way of monitoring the effectiveness and administration of provisions relating to safety and health under this Act and other mining legislation.\ns 6 amd 2009 No. 16 s 4\n- (a) to protect the safety and health of persons at coal mines and persons who may be affected by coal mining operations; and\n- (b) to require that the risk of injury or illness to any person resulting from coal mining operations be at an acceptable level; and\n- (c) to provide a way of monitoring the effectiveness and administration of provisions relating to safety and health under this Act and other mining legislation.","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"How objects are to be achieved","content":"### sec.7 How objects are to be achieved\n\nThe objects of this Act are to be achieved by—\nimposing safety and health obligations on persons who operate coal mines or who may affect the safety or health of others at coal mines; and\nproviding for safety and health management systems at coal mines to manage risk effectively; and\nmaking regulations and recognised standards for the coal mining industry to require and promote risk management and control; and\nestablishing a safety and health advisory committee to allow the coal mining industry to participate in developing strategies for improving safety and health; and\nproviding for safety and health representatives to represent the safety and health interests of coal mine workers; and\nproviding for inspectors and other officers to monitor the effectiveness of risk management and control at coal mines, and to take appropriate action to ensure adequate risk management; and\nproviding a way for the competencies of persons at coal mines to be assessed and recognised; and\nrequiring management structures so that persons may competently supervise the safe operation of coal mines; and\nproviding for an appropriate coal mines rescue capability; and\nproviding for a satisfactory level of preparedness for emergencies at coal mines; and\nproviding for the health assessment and health surveillance of persons who are, will be or have been coal mine workers.\ns 7 amd 2009 No. 16 s 5 ; 2010 No. 17 s 17 sch ; 2018 No. 28 s 4 ; 2020 No. 10 s 75\n- (a) imposing safety and health obligations on persons who operate coal mines or who may affect the safety or health of others at coal mines; and\n- (b) providing for safety and health management systems at coal mines to manage risk effectively; and\n- (c) making regulations and recognised standards for the coal mining industry to require and promote risk management and control; and\n- (d) establishing a safety and health advisory committee to allow the coal mining industry to participate in developing strategies for improving safety and health; and\n- (e) providing for safety and health representatives to represent the safety and health interests of coal mine workers; and\n- (f) providing for inspectors and other officers to monitor the effectiveness of risk management and control at coal mines, and to take appropriate action to ensure adequate risk management; and\n- (g) providing a way for the competencies of persons at coal mines to be assessed and recognised; and\n- (h) requiring management structures so that persons may competently supervise the safe operation of coal mines; and\n- (i) providing for an appropriate coal mines rescue capability; and\n- (j) providing for a satisfactory level of preparedness for emergencies at coal mines; and\n- (k) providing for the health assessment and health surveillance of persons who are, will be or have been coal mine workers.","sortOrder":11},{"sectionNumber":"pt.1-div.4","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":12},{"sectionNumber":"sec.8","sectionType":"section","heading":"Dictionary","content":"### sec.8 Dictionary\n\nThe dictionary in schedule 3 defines particular words used in this Act.","sortOrder":13},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of coal mine","content":"### sec.9 Meaning of coal mine\n\nA coal mine is any of the following places—\na place where on-site activities are carried on, continuously or from time to time, within the boundaries of land the subject of a mining tenure;\na place where on-site activities are carried on, continuously or from time to time, on land adjoining or adjacent to the boundaries of land the subject of a mining tenure and within which is a place mentioned in paragraph (a) ;\na place where on-site activities are carried on, continuously or from time to time, unlawfully because land at the place is not the subject of a mining tenure;\na place that was a coal mine while works are done to secure it after its abandonment;\na place where tourism, education or research related to coal mining happens that is declared under a regulation to be a coal mine;\na place that was a coal mine, or part of a coal mine, while—\non-site activities are carried on, continuously or from time to time; and\nan authorisation to enter land under the Mineral Resources Act 1989 , section 344D is in force for the place.\nA coal mine includes buildings for administration, accommodation and associated facilities within the boundaries of land the subject of the mining tenure for the mine or on land adjoining or adjacent to the boundaries of the land the subject of the mining tenure.\nDespite subsection (1) (d) , a place that was a coal mine is not a coal mine after its abandonment merely because work is being done at the place by or for the State—\nto ensure public safety; or\nto rehabilitate it; or\nto secure it.\ns 9 amd 2002 No. 25 s 3 ; 2016 No. 32 s 18 ; 2020 No. 14 s 218 sch 1 ; 2024 No. 34 s 4\n(sec.9-ssec.1) A coal mine is any of the following places— a place where on-site activities are carried on, continuously or from time to time, within the boundaries of land the subject of a mining tenure; a place where on-site activities are carried on, continuously or from time to time, on land adjoining or adjacent to the boundaries of land the subject of a mining tenure and within which is a place mentioned in paragraph (a) ; a place where on-site activities are carried on, continuously or from time to time, unlawfully because land at the place is not the subject of a mining tenure; a place that was a coal mine while works are done to secure it after its abandonment; a place where tourism, education or research related to coal mining happens that is declared under a regulation to be a coal mine; a place that was a coal mine, or part of a coal mine, while— on-site activities are carried on, continuously or from time to time; and an authorisation to enter land under the Mineral Resources Act 1989 , section 344D is in force for the place.\n(sec.9-ssec.2) A coal mine includes buildings for administration, accommodation and associated facilities within the boundaries of land the subject of the mining tenure for the mine or on land adjoining or adjacent to the boundaries of the land the subject of the mining tenure.\n(sec.9-ssec.3) Despite subsection (1) (d) , a place that was a coal mine is not a coal mine after its abandonment merely because work is being done at the place by or for the State— to ensure public safety; or to rehabilitate it; or to secure it.\n- (a) a place where on-site activities are carried on, continuously or from time to time, within the boundaries of land the subject of a mining tenure;\n- (b) a place where on-site activities are carried on, continuously or from time to time, on land adjoining or adjacent to the boundaries of land the subject of a mining tenure and within which is a place mentioned in paragraph (a) ;\n- (c) a place where on-site activities are carried on, continuously or from time to time, unlawfully because land at the place is not the subject of a mining tenure;\n- (d) a place that was a coal mine while works are done to secure it after its abandonment;\n- (e) a place where tourism, education or research related to coal mining happens that is declared under a regulation to be a coal mine;\n- (f) a place that was a coal mine, or part of a coal mine, while— (i) on-site activities are carried on, continuously or from time to time; and (ii) an authorisation to enter land under the Mineral Resources Act 1989 , section 344D is in force for the place.\n- (i) on-site activities are carried on, continuously or from time to time; and\n- (ii) an authorisation to enter land under the Mineral Resources Act 1989 , section 344D is in force for the place.\n- (i) on-site activities are carried on, continuously or from time to time; and\n- (ii) an authorisation to enter land under the Mineral Resources Act 1989 , section 344D is in force for the place.\n- (a) to ensure public safety; or\n- (b) to rehabilitate it; or\n- (c) to secure it.","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of on-site activities","content":"### sec.10 Meaning of on-site activities\n\nOn-site activities are activities carried on principally for, or in connection with, exploring for or winning coal and include the following—\nconstructing—\nthings required or permitted to be constructed under an exploration permit, mineral development licence or mining lease; or\nfor a place mentioned in section 9 (1) (c) —things that are required or permitted to be constructed under an exploration permit, mineral development licence or mining lease;\ntreating coal and disposing of waste substances;\nrehabilitating of a place after coal mining operations;\nmaintaining and testing plant, equipment or machinery.\nOn-site activities do not include the following—\nairborne geophysical surveys;\ntransporting product from a coal mine on public roads or public railways or on any other railway;\nconstructing and installing surface railways;\nair transport to and from a coal mine;\npastoral activities;\nunderground gasification activities on land the subject of—\na mineral development licence or a mining lease for activities relating to mineral (f); or\nan exploration permit if the chief inspector has made a declaration under section 52A ;\nan activity declared not to be an on-site activity under a regulation.\ns 10 amd 2002 No. 25 s 4 ; 2008 No. 33 s 40\n(sec.10-ssec.1) On-site activities are activities carried on principally for, or in connection with, exploring for or winning coal and include the following— constructing— things required or permitted to be constructed under an exploration permit, mineral development licence or mining lease; or for a place mentioned in section 9 (1) (c) —things that are required or permitted to be constructed under an exploration permit, mineral development licence or mining lease; treating coal and disposing of waste substances; rehabilitating of a place after coal mining operations; maintaining and testing plant, equipment or machinery.\n(sec.10-ssec.2) On-site activities do not include the following— airborne geophysical surveys; transporting product from a coal mine on public roads or public railways or on any other railway; constructing and installing surface railways; air transport to and from a coal mine; pastoral activities; underground gasification activities on land the subject of— a mineral development licence or a mining lease for activities relating to mineral (f); or an exploration permit if the chief inspector has made a declaration under section 52A ; an activity declared not to be an on-site activity under a regulation.\n- (a) constructing— (i) things required or permitted to be constructed under an exploration permit, mineral development licence or mining lease; or (ii) for a place mentioned in section 9 (1) (c) —things that are required or permitted to be constructed under an exploration permit, mineral development licence or mining lease;\n- (i) things required or permitted to be constructed under an exploration permit, mineral development licence or mining lease; or\n- (ii) for a place mentioned in section 9 (1) (c) —things that are required or permitted to be constructed under an exploration permit, mineral development licence or mining lease;\n- (b) treating coal and disposing of waste substances;\n- (c) rehabilitating of a place after coal mining operations;\n- (d) maintaining and testing plant, equipment or machinery.\n- (i) things required or permitted to be constructed under an exploration permit, mineral development licence or mining lease; or\n- (ii) for a place mentioned in section 9 (1) (c) —things that are required or permitted to be constructed under an exploration permit, mineral development licence or mining lease;\n- (a) airborne geophysical surveys;\n- (b) transporting product from a coal mine on public roads or public railways or on any other railway;\n- (c) constructing and installing surface railways;\n- (d) air transport to and from a coal mine;\n- (e) pastoral activities;\n- (f) underground gasification activities on land the subject of— (i) a mineral development licence or a mining lease for activities relating to mineral (f); or (ii) an exploration permit if the chief inspector has made a declaration under section 52A ;\n- (i) a mineral development licence or a mining lease for activities relating to mineral (f); or\n- (ii) an exploration permit if the chief inspector has made a declaration under section 52A ;\n- (g) an activity declared not to be an on-site activity under a regulation.\n- (i) a mineral development licence or a mining lease for activities relating to mineral (f); or\n- (ii) an exploration permit if the chief inspector has made a declaration under section 52A ;","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Meaning of safety and health","content":"### sec.11 Meaning of safety and health\n\nA person’s safety and health is the person’s safety or health, to the extent it is or may be affected by coal mining operations or other activities at a coal mine.","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Meaning of competence","content":"### sec.12 Meaning of competence\n\nCompetence for a task at a coal mine is the demonstrated skill and knowledge required to carry out the task to a standard necessary for the safety and health of persons.","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Meaning of consultation","content":"### sec.13 Meaning of consultation\n\nConsultation with coal mine workers is discussion between the site senior executive or supervisors and affected coal mine workers about a matter with the aim of reaching agreement about the matter.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Meaning of standard operating procedure","content":"### sec.14 Meaning of standard operating procedure\n\nA standard operating procedure at a coal mine is a documented way of working, or an arrangement of facilities, at the coal mine to achieve an acceptable level of risk, developed after consultation with coal mine workers.\ns 14 amd 2000 No. 18 s 8","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Meaning of accident","content":"### sec.15 Meaning of accident\n\nAn accident at a coal mine is an event, or a series of events, at the coal mine causing injury to a person.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Meaning of serious accident","content":"### sec.16 Meaning of serious accident\n\nA serious accident at a coal mine is an accident at a coal mine that causes—\nthe death of a person; or\na person to be admitted to a hospital as an in-patient for treatment for the injury.\n- (a) the death of a person; or\n- (b) a person to be admitted to a hospital as an in-patient for treatment for the injury.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Meaning of high potential incident","content":"### sec.17 Meaning of high potential incident\n\nA high potential incident at a coal mine is an event, or a series of events, that causes or has the potential to cause a significant adverse effect on the safety or health of a person.","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Meaning of risk","content":"### sec.18 Meaning of risk\n\nRisk means the risk of injury or illness to a person arising out of a hazard.\nRisk is measured in terms of consequences and likelihood.\n(sec.18-ssec.1) Risk means the risk of injury or illness to a person arising out of a hazard.\n(sec.18-ssec.2) Risk is measured in terms of consequences and likelihood.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Meaning of hazard","content":"### sec.19 Meaning of hazard\n\nA hazard is a thing or a situation with potential to cause injury or illness to a person.","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Meaning of principal hazard","content":"### sec.20 Meaning of principal hazard\n\nA principal hazard at a coal mine is a hazard at the coal mine with the potential to cause multiple fatalities.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Meaning of coal mine operator","content":"### sec.21 Meaning of coal mine operator\n\nA coal mine operator for a coal mine is—\nthe holder; or\nif another person has been appointed as the coal mine operator under section 53 and the appointment is notified to the chief inspector under section 49 , the other person.\nIf—\nanother person mentioned in subsection (1) (b) is appointed as the coal mine operator for a separate part of a surface mine; and\nthe appointment is notified to the chief inspector under section 49 ;\nthe person’s responsibilities and safety and health obligations under this Act as a coal mine operator for a coal mine are limited to the separate part of the surface mine.\nIf—\n1 or more persons are appointed as coal mine operators for separate parts of a surface mine; and\nthe appointments are notified to the chief inspector under section 49 ;\nthe holder’s responsibilities and safety and health obligations under this Act as a coal mine operator for the coal mine are limited to the part of the mine to which the appointments do not apply.\nFor this section, a part of a surface mine is taken to be a separate part of a surface mine only if—\nthe part is geographically separated from the rest of the mine; and\nthere is no physical overlapping of coal mining operations between the part and the operations in another part of the mine; and\nthe coal mine operator for the part is in control of—\nthe coal mining operations carried out in the part of the mine; and\nthe resources associated with the operations.\nA person may be appointed coal mine operator for more than 1 mine or separate part of a surface mine.\n(sec.21-ssec.1) A coal mine operator for a coal mine is— the holder; or if another person has been appointed as the coal mine operator under section 53 and the appointment is notified to the chief inspector under section 49 , the other person.\n(sec.21-ssec.2) If— another person mentioned in subsection (1) (b) is appointed as the coal mine operator for a separate part of a surface mine; and the appointment is notified to the chief inspector under section 49 ; the person’s responsibilities and safety and health obligations under this Act as a coal mine operator for a coal mine are limited to the separate part of the surface mine.\n(sec.21-ssec.3) If— 1 or more persons are appointed as coal mine operators for separate parts of a surface mine; and the appointments are notified to the chief inspector under section 49 ; the holder’s responsibilities and safety and health obligations under this Act as a coal mine operator for the coal mine are limited to the part of the mine to which the appointments do not apply.\n(sec.21-ssec.4) For this section, a part of a surface mine is taken to be a separate part of a surface mine only if— the part is geographically separated from the rest of the mine; and there is no physical overlapping of coal mining operations between the part and the operations in another part of the mine; and the coal mine operator for the part is in control of— the coal mining operations carried out in the part of the mine; and the resources associated with the operations.\n(sec.21-ssec.5) A person may be appointed coal mine operator for more than 1 mine or separate part of a surface mine.\n- (a) the holder; or\n- (b) if another person has been appointed as the coal mine operator under section 53 and the appointment is notified to the chief inspector under section 49 , the other person.\n- (a) another person mentioned in subsection (1) (b) is appointed as the coal mine operator for a separate part of a surface mine; and\n- (b) the appointment is notified to the chief inspector under section 49 ;\n- (a) 1 or more persons are appointed as coal mine operators for separate parts of a surface mine; and\n- (b) the appointments are notified to the chief inspector under section 49 ;\n- (a) the part is geographically separated from the rest of the mine; and\n- (b) there is no physical overlapping of coal mining operations between the part and the operations in another part of the mine; and\n- (c) the coal mine operator for the part is in control of— (i) the coal mining operations carried out in the part of the mine; and (ii) the resources associated with the operations.\n- (i) the coal mining operations carried out in the part of the mine; and\n- (ii) the resources associated with the operations.\n- (i) the coal mining operations carried out in the part of the mine; and\n- (ii) the resources associated with the operations.","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Meaning of geographically separated","content":"### sec.22 Meaning of geographically separated\n\nFor section 21 (4) , a part of a surface mine is geographically separated from the rest of the mine if there is a clear boundary between the part of the surface mine and the rest of the mine.\nExamples of a part of a surface mine that is geographically separated from the rest of the mine include the following—\na treatment plant that has all of its own facilities;\na surface mine excavation that has its own facilities, including haul roads not shared with persons involved in operations in another part of the mine;\na place where exploration activities are carried out if persons carrying out the activities do not share facilities with persons involved in coal mining operations in another part of the mine.\n(sec.22-ssec.1) For section 21 (4) , a part of a surface mine is geographically separated from the rest of the mine if there is a clear boundary between the part of the surface mine and the rest of the mine.\n(sec.22-ssec.2) Examples of a part of a surface mine that is geographically separated from the rest of the mine include the following— a treatment plant that has all of its own facilities; a surface mine excavation that has its own facilities, including haul roads not shared with persons involved in operations in another part of the mine; a place where exploration activities are carried out if persons carrying out the activities do not share facilities with persons involved in coal mining operations in another part of the mine.\n- (a) a treatment plant that has all of its own facilities;\n- (b) a surface mine excavation that has its own facilities, including haul roads not shared with persons involved in operations in another part of the mine;\n- (c) a place where exploration activities are carried out if persons carrying out the activities do not share facilities with persons involved in coal mining operations in another part of the mine.","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Meaning of physical overlapping of coal mining operations","content":"### sec.23 Meaning of physical overlapping of coal mining operations\n\nFor section 21 (4) , physical overlapping of coal mining operations for a surface mine includes the common use with persons involved in coal mining operations in another part of the mine of—\nhaul roads; and\nstockpiles, if vehicles associated with coal mining operations in another part of the mine travel onto the stockpiles; and\nmine workshops, stores and stores systems, hard stands and amenities.\nHowever, the following are not physical overlapping of coal mining operations for a surface mine—\nvehicles from 1 part of the mine dumping into a receival hopper in another part of the mine if the vehicles do not travel into the other part of the mine;\na conveyor system in 1 part of the mine discharging into a bin or onto a stockpile controlled by persons in another part of the mine;\na workshop in 1 part of the mine servicing vehicles from another part of the mine;\na laboratory in 1 part of the mine providing a service to another part of the mine.\n(sec.23-ssec.1) For section 21 (4) , physical overlapping of coal mining operations for a surface mine includes the common use with persons involved in coal mining operations in another part of the mine of— haul roads; and stockpiles, if vehicles associated with coal mining operations in another part of the mine travel onto the stockpiles; and mine workshops, stores and stores systems, hard stands and amenities.\n(sec.23-ssec.2) However, the following are not physical overlapping of coal mining operations for a surface mine— vehicles from 1 part of the mine dumping into a receival hopper in another part of the mine if the vehicles do not travel into the other part of the mine; a conveyor system in 1 part of the mine discharging into a bin or onto a stockpile controlled by persons in another part of the mine; a workshop in 1 part of the mine servicing vehicles from another part of the mine; a laboratory in 1 part of the mine providing a service to another part of the mine.\n- (a) haul roads; and\n- (b) stockpiles, if vehicles associated with coal mining operations in another part of the mine travel onto the stockpiles; and\n- (c) mine workshops, stores and stores systems, hard stands and amenities.\n- (a) vehicles from 1 part of the mine dumping into a receival hopper in another part of the mine if the vehicles do not travel into the other part of the mine;\n- (b) a conveyor system in 1 part of the mine discharging into a bin or onto a stockpile controlled by persons in another part of the mine;\n- (c) a workshop in 1 part of the mine servicing vehicles from another part of the mine;\n- (d) a laboratory in 1 part of the mine providing a service to another part of the mine.","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"When is a coal mine operator not in control","content":"### sec.24 When is a coal mine operator not in control\n\nFor section 21 (4) , a coal mine operator is not in control of coal mining operations and associated resources for part of a surface mine if—\na person involved with coal mining operations in the part of the mine can transfer resources to another part of the mine; or\na person involved with coal mining operations in the part of the mine has the general management of another part of the mine; or\na person involved in coal mining in the part of the mine can control the supply of services, including supervision and safety inspections, to another part of the mine.\n- (a) a person involved with coal mining operations in the part of the mine can transfer resources to another part of the mine; or\n- (b) a person involved with coal mining operations in the part of the mine has the general management of another part of the mine; or\n- (c) a person involved in coal mining in the part of the mine can control the supply of services, including supervision and safety inspections, to another part of the mine.","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Meaning of site senior executive","content":"### sec.25 Meaning of site senior executive\n\nThe site senior executive for a coal mine is the most senior officer employed or otherwise engaged by the coal mine operator for the coal mine who—\nis located at or near the coal mine; and\nhas responsibility for the coal mine.\nSubsection (1) (a) does not require an officer with responsibility for exploration activities under an exploration permit or mineral development licence to be located at or near the coal mine.\nIf the officer only has responsibility for a separate part of a surface mine, the officer’s responsibilities and safety and health obligations under this Act as a site senior executive for a coal mine are limited to the separate part of the surface mine for which the officer has responsibility.\ns 25 amd 2011 No. 2 s 6\n(sec.25-ssec.1) The site senior executive for a coal mine is the most senior officer employed or otherwise engaged by the coal mine operator for the coal mine who— is located at or near the coal mine; and has responsibility for the coal mine.\n(sec.25-ssec.2) Subsection (1) (a) does not require an officer with responsibility for exploration activities under an exploration permit or mineral development licence to be located at or near the coal mine.\n(sec.25-ssec.3) If the officer only has responsibility for a separate part of a surface mine, the officer’s responsibilities and safety and health obligations under this Act as a site senior executive for a coal mine are limited to the separate part of the surface mine for which the officer has responsibility.\n- (a) is located at or near the coal mine; and\n- (b) has responsibility for the coal mine.","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Meaning of supervisor","content":"### sec.26 Meaning of supervisor\n\nA supervisor at a coal mine is a person appointed under section 56 to—\nimplement and monitor the coal mine’s safety and health management system; and\ngive directions to other coal mine workers at the coal mine in accordance with the safety and health management system.\ns 26 sub 2002 No. 25 s 5 ; 2024 No. 34 s 5\n- (a) implement and monitor the coal mine’s safety and health management system; and\n- (b) give directions to other coal mine workers at the coal mine in accordance with the safety and health management system.","sortOrder":31},{"sectionNumber":"sec.27","sectionType":"section","heading":"Meaning of industry safety and health representative","content":"### sec.27 Meaning of industry safety and health representative\n\nAn industry safety and health representative is a person who is appointed under section 109 (1) to represent coal mine workers on safety and health matters and who performs the functions and exercises the powers of an industry safety and health representative mentioned in part 8 , division 2 .","sortOrder":32},{"sectionNumber":"sec.28","sectionType":"section","heading":"Meaning of site safety and health representative","content":"### sec.28 Meaning of site safety and health representative\n\nA site safety and health representative for a coal mine is a coal mine worker elected under section 93 by coal mine workers at the coal mine to exercise the powers and perform the functions of a site safety and health representative mentioned in part 7 division 2 .","sortOrder":33},{"sectionNumber":"pt.2","sectionType":"part","heading":"The control and management of risk and other basic concepts","content":"# The control and management of risk and other basic concepts","sortOrder":34},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Control and management of risk","content":"## Control and management of risk","sortOrder":35},{"sectionNumber":"sec.29","sectionType":"section","heading":"What is an acceptable level of risk","content":"### sec.29 What is an acceptable level of risk\n\nFor risk to a person from coal mining operations to be at an acceptable level , the operations must be carried out so that the level of risk from the operations is—\nwithin acceptable limits; and\nas low as reasonably achievable.\nTo decide whether risk is within acceptable limits and as low as reasonably achievable regard must be had to—\nthe likelihood of injury or illness to a person arising out of the risk; and\nthe severity of the injury or illness.\n(sec.29-ssec.1) For risk to a person from coal mining operations to be at an acceptable level , the operations must be carried out so that the level of risk from the operations is— within acceptable limits; and as low as reasonably achievable.\n(sec.29-ssec.2) To decide whether risk is within acceptable limits and as low as reasonably achievable regard must be had to— the likelihood of injury or illness to a person arising out of the risk; and the severity of the injury or illness.\n- (a) within acceptable limits; and\n- (b) as low as reasonably achievable.\n- (a) the likelihood of injury or illness to a person arising out of the risk; and\n- (b) the severity of the injury or illness.","sortOrder":36},{"sectionNumber":"sec.30","sectionType":"section","heading":"How is an acceptable level of risk achieved","content":"### sec.30 How is an acceptable level of risk achieved\n\nTo achieve an acceptable level of risk, this Act requires that management and operating systems must be put in place for each coal mine.\nThis Act provides that the systems must incorporate risk management elements and practices appropriate for each coal mine to—\nidentify, analyse, and assess risk; and\navoid or remove unacceptable risk; and\nmonitor levels of risk and the adverse consequences of retained residual risk; and\nprovide for critical controls; and\ninvestigate and analyse the causes of serious accidents and high potential incidents with a view to preventing their recurrence; and\nreview the effectiveness of risk control measures, and take appropriate corrective and preventive action; and\nmitigate the potential adverse effects arising from residual risk.\nAlso, the way an acceptable level of risk of injury or illness may be achieved may be prescribed under a regulation.\ns 30 amd 2024 No. 34 s 6\n(sec.30-ssec.1) To achieve an acceptable level of risk, this Act requires that management and operating systems must be put in place for each coal mine.\n(sec.30-ssec.2) This Act provides that the systems must incorporate risk management elements and practices appropriate for each coal mine to— identify, analyse, and assess risk; and avoid or remove unacceptable risk; and monitor levels of risk and the adverse consequences of retained residual risk; and provide for critical controls; and investigate and analyse the causes of serious accidents and high potential incidents with a view to preventing their recurrence; and review the effectiveness of risk control measures, and take appropriate corrective and preventive action; and mitigate the potential adverse effects arising from residual risk.\n(sec.30-ssec.3) Also, the way an acceptable level of risk of injury or illness may be achieved may be prescribed under a regulation.\n- (a) identify, analyse, and assess risk; and\n- (b) avoid or remove unacceptable risk; and\n- (c) monitor levels of risk and the adverse consequences of retained residual risk; and\n- (d) provide for critical controls; and\n- (e) investigate and analyse the causes of serious accidents and high potential incidents with a view to preventing their recurrence; and\n- (f) review the effectiveness of risk control measures, and take appropriate corrective and preventive action; and\n- (g) mitigate the potential adverse effects arising from residual risk.","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":"What happens if the level of risk is unacceptable","content":"### sec.31 What happens if the level of risk is unacceptable\n\nIf there is an unacceptable level of risk to persons at a coal mine, this Act requires that—\npersons be evacuated to a safe location; and\naction be taken to reduce the risk to an acceptable level.\nAction to reduce the risk to an acceptable level may include stopping the use of specified plant or substances.\nThe action may be taken by the coal mine operator for the mine, the site senior executive for the mine, industry safety and health representatives, site safety and health representatives, coal mine workers, inspectors or inspection officers.\n(sec.31-ssec.1) If there is an unacceptable level of risk to persons at a coal mine, this Act requires that— persons be evacuated to a safe location; and action be taken to reduce the risk to an acceptable level.\n(sec.31-ssec.2) Action to reduce the risk to an acceptable level may include stopping the use of specified plant or substances.\n(sec.31-ssec.3) The action may be taken by the coal mine operator for the mine, the site senior executive for the mine, industry safety and health representatives, site safety and health representatives, coal mine workers, inspectors or inspection officers.\n- (a) persons be evacuated to a safe location; and\n- (b) action be taken to reduce the risk to an acceptable level.","sortOrder":38},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Cooperation","content":"## Cooperation","sortOrder":39},{"sectionNumber":"sec.32","sectionType":"section","heading":"Cooperation to achieve objects of Act","content":"### sec.32 Cooperation to achieve objects of Act\n\nThis Act seeks to achieve cooperation between coal operators, site senior executives and coal workers to achieve the objects of the Act .\nCooperation is an important strategy in achieving the objects of the Act and is achieved—\nat an industry level by—\nthe establishment of the coal mining safety and health advisory committee under part 6 ; and\nthe appointment of industry safety and health representatives under part 8 ; and\nat coal mine level by—\nthe election of site safety and health representatives under part 7 ; and\nthe process of involving coal mine workers in the management of risk.\ns 32 amd 2010 No. 17 s 17 sch\n(sec.32-ssec.1) This Act seeks to achieve cooperation between coal operators, site senior executives and coal workers to achieve the objects of the Act .\n(sec.32-ssec.2) Cooperation is an important strategy in achieving the objects of the Act and is achieved— at an industry level by— the establishment of the coal mining safety and health advisory committee under part 6 ; and the appointment of industry safety and health representatives under part 8 ; and at coal mine level by— the election of site safety and health representatives under part 7 ; and the process of involving coal mine workers in the management of risk.\n- (a) at an industry level by— (i) the establishment of the coal mining safety and health advisory committee under part 6 ; and (ii) the appointment of industry safety and health representatives under part 8 ; and\n- (i) the establishment of the coal mining safety and health advisory committee under part 6 ; and\n- (ii) the appointment of industry safety and health representatives under part 8 ; and\n- (b) at coal mine level by— (i) the election of site safety and health representatives under part 7 ; and (ii) the process of involving coal mine workers in the management of risk.\n- (i) the election of site safety and health representatives under part 7 ; and\n- (ii) the process of involving coal mine workers in the management of risk.\n- (i) the establishment of the coal mining safety and health advisory committee under part 6 ; and\n- (ii) the appointment of industry safety and health representatives under part 8 ; and\n- (i) the election of site safety and health representatives under part 7 ; and\n- (ii) the process of involving coal mine workers in the management of risk.","sortOrder":40},{"sectionNumber":"pt.3","sectionType":"part","heading":"Safety and health obligations","content":"# Safety and health obligations","sortOrder":41},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":42},{"sectionNumber":"sec.33","sectionType":"section","heading":"Obligations for safety and health","content":"### sec.33 Obligations for safety and health\n\nCoal mine workers or other persons at coal mines or persons who may affect safety and health at coal mines or as a result of coal mining operations, have obligations under division 2 ( safety and health obligations ).\nThe following persons have obligations under division 3 (also safety and health obligations )—\na holder;\na coal mine operator;\na site senior executive;\na contractor;\na designer, manufacturer, importer or supplier of plant for use at a coal mine;\nan erector or installer of plant at a coal mine;\na designer, constructor or erector of earthworks at a coal mine;\na manufacturer, importer or supplier of substances for use at a coal mine.\nIf a corporation has an obligation under this Act, an officer of the corporation has obligations under division 3A (also safety and health obligations ).\ns 33 amd 2018 No. 28 s 5 ; 2024 No. 34 s 7\n(sec.33-ssec.1) Coal mine workers or other persons at coal mines or persons who may affect safety and health at coal mines or as a result of coal mining operations, have obligations under division 2 ( safety and health obligations ).\n(sec.33-ssec.2) The following persons have obligations under division 3 (also safety and health obligations )— a holder; a coal mine operator; a site senior executive; a contractor; a designer, manufacturer, importer or supplier of plant for use at a coal mine; an erector or installer of plant at a coal mine; a designer, constructor or erector of earthworks at a coal mine; a manufacturer, importer or supplier of substances for use at a coal mine.\n(sec.33-ssec.3) If a corporation has an obligation under this Act, an officer of the corporation has obligations under division 3A (also safety and health obligations ).\n- (a) a holder;\n- (b) a coal mine operator;\n- (c) a site senior executive;\n- (d) a contractor;\n- (e) a designer, manufacturer, importer or supplier of plant for use at a coal mine;\n- (f) an erector or installer of plant at a coal mine;\n- (g) a designer, constructor or erector of earthworks at a coal mine;\n- (h) a manufacturer, importer or supplier of substances for use at a coal mine.","sortOrder":43},{"sectionNumber":"sec.34","sectionType":"section","heading":"Discharge of obligations","content":"### sec.34 Discharge of obligations\n\nA person on whom a safety and health obligation is imposed must discharge the obligation.\nMaximum penalty—\nif the contravention caused multiple deaths—\nfor an offence committed by a corporation—30,000 penalty units; or\nfor an offence committed by an officer of a corporation—6,000 penalty units or 3 years imprisonment; or\notherwise—3,000 penalty units or 3 years imprisonment; or\nif the contravention caused death or grievous bodily harm—\nfor an offence committed by a corporation—15,000 penalty units; or\nfor an offence committed by an officer of a corporation—3,000 penalty units or 2 years imprisonment; or\notherwise—1,500 penalty units or 2 years imprisonment; or\nif the contravention caused bodily harm—\nfor an offence committed by a corporation—7,500 penalty units; or\nfor an offence committed by an officer of a corporation—1,500 penalty units or 1 year’s imprisonment; or\notherwise—750 penalty units or 1 year’s imprisonment; or\nif the contravention involved exposure to a substance that is likely to cause death or grievous bodily harm—\nfor an offence committed by a corporation—7,500 penalty units; or\nfor an offence committed by an officer of a corporation—1,500 penalty units or 1 year’s imprisonment; or\notherwise—750 penalty units or 1 year’s imprisonment; or\notherwise—\nfor an offence committed by a corporation—5,000 penalty units; or\nfor an offence committed by an officer of a corporation—1,000 penalty units or 6 months imprisonment; or\notherwise—500 penalty units or 6 months imprisonment.\ns 34 amd 2007 No. 46 s 6\nsub 2018 No. 28 s 6\n- (a) if the contravention caused multiple deaths— (i) for an offence committed by a corporation—30,000 penalty units; or (ii) for an offence committed by an officer of a corporation—6,000 penalty units or 3 years imprisonment; or (iii) otherwise—3,000 penalty units or 3 years imprisonment; or\n- (i) for an offence committed by a corporation—30,000 penalty units; or\n- (ii) for an offence committed by an officer of a corporation—6,000 penalty units or 3 years imprisonment; or\n- (iii) otherwise—3,000 penalty units or 3 years imprisonment; or\n- (b) if the contravention caused death or grievous bodily harm— (i) for an offence committed by a corporation—15,000 penalty units; or (ii) for an offence committed by an officer of a corporation—3,000 penalty units or 2 years imprisonment; or (iii) otherwise—1,500 penalty units or 2 years imprisonment; or\n- (i) for an offence committed by a corporation—15,000 penalty units; or\n- (ii) for an offence committed by an officer of a corporation—3,000 penalty units or 2 years imprisonment; or\n- (iii) otherwise—1,500 penalty units or 2 years imprisonment; or\n- (c) if the contravention caused bodily harm— (i) for an offence committed by a corporation—7,500 penalty units; or (ii) for an offence committed by an officer of a corporation—1,500 penalty units or 1 year’s imprisonment; or (iii) otherwise—750 penalty units or 1 year’s imprisonment; or\n- (i) for an offence committed by a corporation—7,500 penalty units; or\n- (ii) for an offence committed by an officer of a corporation—1,500 penalty units or 1 year’s imprisonment; or\n- (iii) otherwise—750 penalty units or 1 year’s imprisonment; or\n- (d) if the contravention involved exposure to a substance that is likely to cause death or grievous bodily harm— (i) for an offence committed by a corporation—7,500 penalty units; or (ii) for an offence committed by an officer of a corporation—1,500 penalty units or 1 year’s imprisonment; or (iii) otherwise—750 penalty units or 1 year’s imprisonment; or\n- (i) for an offence committed by a corporation—7,500 penalty units; or\n- (ii) for an offence committed by an officer of a corporation—1,500 penalty units or 1 year’s imprisonment; or\n- (iii) otherwise—750 penalty units or 1 year’s imprisonment; or\n- (e) otherwise— (i) for an offence committed by a corporation—5,000 penalty units; or (ii) for an offence committed by an officer of a corporation—1,000 penalty units or 6 months imprisonment; or (iii) otherwise—500 penalty units or 6 months imprisonment.\n- (i) for an offence committed by a corporation—5,000 penalty units; or\n- (ii) for an offence committed by an officer of a corporation—1,000 penalty units or 6 months imprisonment; or\n- (iii) otherwise—500 penalty units or 6 months imprisonment.\n- (i) for an offence committed by a corporation—30,000 penalty units; or\n- (ii) for an offence committed by an officer of a corporation—6,000 penalty units or 3 years imprisonment; or\n- (iii) otherwise—3,000 penalty units or 3 years imprisonment; or\n- (i) for an offence committed by a corporation—15,000 penalty units; or\n- (ii) for an offence committed by an officer of a corporation—3,000 penalty units or 2 years imprisonment; or\n- (iii) otherwise—1,500 penalty units or 2 years imprisonment; or\n- (i) for an offence committed by a corporation—7,500 penalty units; or\n- (ii) for an offence committed by an officer of a corporation—1,500 penalty units or 1 year’s imprisonment; or\n- (iii) otherwise—750 penalty units or 1 year’s imprisonment; or\n- (i) for an offence committed by a corporation—7,500 penalty units; or\n- (ii) for an offence committed by an officer of a corporation—1,500 penalty units or 1 year’s imprisonment; or\n- (iii) otherwise—750 penalty units or 1 year’s imprisonment; or\n- (i) for an offence committed by a corporation—5,000 penalty units; or\n- (ii) for an offence committed by an officer of a corporation—1,000 penalty units or 6 months imprisonment; or\n- (iii) otherwise—500 penalty units or 6 months imprisonment.","sortOrder":44},{"sectionNumber":"sec.35","sectionType":"section","heading":"Person may owe obligations in more than 1 capacity","content":"### sec.35 Person may owe obligations in more than 1 capacity\n\nA person on whom a safety and health obligation is imposed may be subject to more than 1 safety and health obligation.\nA person may be a coal mine operator, contractor and supplier of plant at the same time for a single coal mine and be subject to obligations in each of the capacities.","sortOrder":45},{"sectionNumber":"sec.36","sectionType":"section","heading":"Person not relieved of obligations","content":"### sec.36 Person not relieved of obligations\n\nTo remove doubt, it is declared that nothing in this Act that imposes a safety and health obligation on a person relieves another person of the person’s safety and health obligations under this Act.\ns 36 amd 2000 No. 46 s 3 sch","sortOrder":46},{"sectionNumber":"sec.37","sectionType":"section","heading":"How obligation can be discharged if regulation or recognised standard made","content":"### sec.37 How obligation can be discharged if regulation or recognised standard made\n\nIf a regulation prescribes a way of achieving an acceptable level of risk, a person may discharge the person’s safety and health obligation in relation to the risk only by following the prescribed way.\nIf a regulation prohibits exposure to a risk, a person may discharge the person’s safety and health obligation in relation to the risk only by ensuring the prohibition is not contravened.\nSubject to subsections (1) and (2) , if a recognised standard states a way or ways of achieving an acceptable level of risk, a person discharges the person’s safety and health obligation in relation to the risk only by—\nadopting and following a stated way; or\nadopting and following another way that achieves a level of risk that is equal to or better than the acceptable level.\n(sec.37-ssec.1) If a regulation prescribes a way of achieving an acceptable level of risk, a person may discharge the person’s safety and health obligation in relation to the risk only by following the prescribed way.\n(sec.37-ssec.2) If a regulation prohibits exposure to a risk, a person may discharge the person’s safety and health obligation in relation to the risk only by ensuring the prohibition is not contravened.\n(sec.37-ssec.3) Subject to subsections (1) and (2) , if a recognised standard states a way or ways of achieving an acceptable level of risk, a person discharges the person’s safety and health obligation in relation to the risk only by— adopting and following a stated way; or adopting and following another way that achieves a level of risk that is equal to or better than the acceptable level.\n- (a) adopting and following a stated way; or\n- (b) adopting and following another way that achieves a level of risk that is equal to or better than the acceptable level.","sortOrder":47},{"sectionNumber":"sec.38","sectionType":"section","heading":"How obligations can be discharged if no regulation or recognised standard made","content":"### sec.38 How obligations can be discharged if no regulation or recognised standard made\n\nThis section applies if there is no regulation or recognised standard prescribing or stating a way to discharge the person’s safety and health obligation in relation to a risk.\nThe person may choose an appropriate way to discharge the person’s safety and health obligation in relation to the risk.\nHowever, the person discharges the person’s safety and health obligation in relation to the risk only if the person takes reasonable precautions, and exercises proper diligence, to ensure the obligation is discharged.\n(sec.38-ssec.1) This section applies if there is no regulation or recognised standard prescribing or stating a way to discharge the person’s safety and health obligation in relation to a risk.\n(sec.38-ssec.2) The person may choose an appropriate way to discharge the person’s safety and health obligation in relation to the risk.\n(sec.38-ssec.3) However, the person discharges the person’s safety and health obligation in relation to the risk only if the person takes reasonable precautions, and exercises proper diligence, to ensure the obligation is discharged.","sortOrder":48},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Generally applicable safety and health obligations of persons","content":"## Generally applicable safety and health obligations of persons","sortOrder":49},{"sectionNumber":"sec.39","sectionType":"section","heading":"Obligations of persons generally","content":"### sec.39 Obligations of persons generally\n\nThis section applies to each of the following persons who may affect the safety and health of others at a coal mine or as a result of coal mining operations at a coal mine—\na coal mine worker at the coal mine;\nanother person at the coal mine;\nan ROC worker for the coal mine;\nanother person not located at the coal mine.\nThe person has the following obligations—\nto comply with this Act and procedures applying to the person that are part of the safety and health management system for the mine;\nif the person has information that other persons need to know to fulfil their obligations or duties under this Act, or to protect themselves from the risk of injury or illness—to give the information to the other persons;\nto take any other reasonable and necessary course of action to ensure no-one is exposed to an unacceptable level of risk.\ns 39 sub 2024 No. 34 s 8\n(sec.39-ssec.1) This section applies to each of the following persons who may affect the safety and health of others at a coal mine or as a result of coal mining operations at a coal mine— a coal mine worker at the coal mine; another person at the coal mine; an ROC worker for the coal mine; another person not located at the coal mine.\n(sec.39-ssec.2) The person has the following obligations— to comply with this Act and procedures applying to the person that are part of the safety and health management system for the mine; if the person has information that other persons need to know to fulfil their obligations or duties under this Act, or to protect themselves from the risk of injury or illness—to give the information to the other persons; to take any other reasonable and necessary course of action to ensure no-one is exposed to an unacceptable level of risk.\n- (a) a coal mine worker at the coal mine;\n- (b) another person at the coal mine;\n- (c) an ROC worker for the coal mine;\n- (d) another person not located at the coal mine.\n- (a) to comply with this Act and procedures applying to the person that are part of the safety and health management system for the mine;\n- (b) if the person has information that other persons need to know to fulfil their obligations or duties under this Act, or to protect themselves from the risk of injury or illness—to give the information to the other persons;\n- (c) to take any other reasonable and necessary course of action to ensure no-one is exposed to an unacceptable level of risk.","sortOrder":50},{"sectionNumber":"sec.39A","sectionType":"section","heading":"Additional obligations","content":"### sec.39A Additional obligations\n\nThis section applies to each of the following persons—\na coal mine worker at a coal mine;\nanother person at a coal mine;\nan ROC worker for a coal mine.\nThe person has the following additional obligations—\nto work or carry out the person’s activities in a way that does not expose the person or someone else to an unacceptable level of risk;\nto ensure, to the extent of the responsibilities and duties allocated to the person, that the work and activities under the person’s control, supervision, or leadership is conducted in a way that does not expose the person or someone else to an unacceptable level of risk;\nto the extent of the person’s involvement—to participate in and conform to the risk management practices of the mine;\nto comply with instructions given for safety and health of persons by the coal mine operator or site senior executive for the mine or a supervisor at the mine;\nto work at or for the coal mine only if the person is in a fit condition to carry out the work without affecting the safety and health of others;\nnot to do anything wilfully or recklessly that might adversely affect the safety and health of someone else at the mine.\ns 39A ins 2024 No. 34 s 8\n(sec.39A-ssec.1) This section applies to each of the following persons— a coal mine worker at a coal mine; another person at a coal mine; an ROC worker for a coal mine.\n(sec.39A-ssec.2) The person has the following additional obligations— to work or carry out the person’s activities in a way that does not expose the person or someone else to an unacceptable level of risk; to ensure, to the extent of the responsibilities and duties allocated to the person, that the work and activities under the person’s control, supervision, or leadership is conducted in a way that does not expose the person or someone else to an unacceptable level of risk; to the extent of the person’s involvement—to participate in and conform to the risk management practices of the mine; to comply with instructions given for safety and health of persons by the coal mine operator or site senior executive for the mine or a supervisor at the mine; to work at or for the coal mine only if the person is in a fit condition to carry out the work without affecting the safety and health of others; not to do anything wilfully or recklessly that might adversely affect the safety and health of someone else at the mine.\n- (a) a coal mine worker at a coal mine;\n- (b) another person at a coal mine;\n- (c) an ROC worker for a coal mine.\n- (a) to work or carry out the person’s activities in a way that does not expose the person or someone else to an unacceptable level of risk;\n- (b) to ensure, to the extent of the responsibilities and duties allocated to the person, that the work and activities under the person’s control, supervision, or leadership is conducted in a way that does not expose the person or someone else to an unacceptable level of risk;\n- (c) to the extent of the person’s involvement—to participate in and conform to the risk management practices of the mine;\n- (d) to comply with instructions given for safety and health of persons by the coal mine operator or site senior executive for the mine or a supervisor at the mine;\n- (e) to work at or for the coal mine only if the person is in a fit condition to carry out the work without affecting the safety and health of others;\n- (f) not to do anything wilfully or recklessly that might adversely affect the safety and health of someone else at the mine.","sortOrder":51},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Obligations of holders, coal mine operators, site senior executives and others","content":"## Obligations of holders, coal mine operators, site senior executives and others","sortOrder":52},{"sectionNumber":"sec.40","sectionType":"section","heading":"Obligations of holders","content":"### sec.40 Obligations of holders\n\nThis section applies if the holder for a coal mine proposes to appoint under section 53 another person as coal mine operator for the mine.\nThe holder must—\ninform the proposed coal mine operator, by notice, of all relevant information available to the holder that may help the proposed coal mine operator—\nensure the site senior executive for the coal mine develops and implements a safety and health management system for the mine; and\nprepare and implement principal hazard management plans for the mine; and\ninclude in the contract appointing the coal mine operator an obligation on the operator—\nto establish a safety and health management system for the mine; and\nother than for exploration activities under an exploration permit or mineral development licence—to be a party to a mines rescue agreement.\ns 40 amd 2018 No. 28 s 7\n(sec.40-ssec.1) This section applies if the holder for a coal mine proposes to appoint under section 53 another person as coal mine operator for the mine.\n(sec.40-ssec.2) The holder must— inform the proposed coal mine operator, by notice, of all relevant information available to the holder that may help the proposed coal mine operator— ensure the site senior executive for the coal mine develops and implements a safety and health management system for the mine; and prepare and implement principal hazard management plans for the mine; and include in the contract appointing the coal mine operator an obligation on the operator— to establish a safety and health management system for the mine; and other than for exploration activities under an exploration permit or mineral development licence—to be a party to a mines rescue agreement.\n- (a) inform the proposed coal mine operator, by notice, of all relevant information available to the holder that may help the proposed coal mine operator— (i) ensure the site senior executive for the coal mine develops and implements a safety and health management system for the mine; and (ii) prepare and implement principal hazard management plans for the mine; and\n- (i) ensure the site senior executive for the coal mine develops and implements a safety and health management system for the mine; and\n- (ii) prepare and implement principal hazard management plans for the mine; and\n- (b) include in the contract appointing the coal mine operator an obligation on the operator— (i) to establish a safety and health management system for the mine; and (ii) other than for exploration activities under an exploration permit or mineral development licence—to be a party to a mines rescue agreement.\n- (i) to establish a safety and health management system for the mine; and\n- (ii) other than for exploration activities under an exploration permit or mineral development licence—to be a party to a mines rescue agreement.\n- (i) ensure the site senior executive for the coal mine develops and implements a safety and health management system for the mine; and\n- (ii) prepare and implement principal hazard management plans for the mine; and\n- (i) to establish a safety and health management system for the mine; and\n- (ii) other than for exploration activities under an exploration permit or mineral development licence—to be a party to a mines rescue agreement.","sortOrder":53},{"sectionNumber":"sec.41","sectionType":"section","heading":"Obligations of coal mine operators","content":"### sec.41 Obligations of coal mine operators\n\nA coal mine operator for a coal mine has the following obligations—\nto ensure the risk to coal mine workers while at the operator’s mine is at an acceptable level, including, for example, by providing and maintaining a place of work and plant in a safe state;\nto ensure the operator’s own safety and health and the safety and health of others is not affected by the way the operator conducts coal mining operations;\nnot to carry out an activity at the coal mine that creates a risk to a person on an adjacent or overlapping petroleum authority if the risk is higher than an acceptable level of risk;\nto appoint a site senior executive for the mine;\nto ensure the site senior executive, or acting site senior executive, for the coal mine is located at or near the coal mine when performing the duties of the site senior executive unless—\nthe duties require the site senior executive, or acting site senior executive, to be temporarily absent for not more than 14 days; or\nthe site senior executive, or acting site senior executive, is temporarily absent on leave for not more than 14 days;\nto ensure the site senior executive for the mine—\ndevelops and implements a safety and health management system for the mine; and\ndevelops, implements and maintains a management structure for the mine that helps ensure the safety and health of persons at the mine;\nto audit and review the effectiveness and implementation of the safety and health management system to ensure the risk to persons from coal mining operations is at an acceptable level;\nto provide adequate resources to ensure the effectiveness and implementation of the safety and health management system.\nWithout limiting subsection (1) , the coal mine operator has an obligation not to operate the coal mine without a safety and health management system for the mine.\nIn this section—\nadjacent or overlapping petroleum authority means any of the following under an Act as follows if, under that Act, its area is adjacent to, or overlaps with, the land the subject of the mining tenure under which the coal mine is operated—\na petroleum authority under the Petroleum and Gas (Production and Safety) Act 2004 ;\nan authority to prospect, petroleum lease, or water monitoring authority, under the Petroleum Act 1923 .\ns 41 amd 2004 No. 25 s 942A (amd 2004 No. 26 s 255 ); 2014 No. 64 s 204 ; 2018 No. 24 s 4 ; 2024 No. 34 s 9\n(sec.41-ssec.1) A coal mine operator for a coal mine has the following obligations— to ensure the risk to coal mine workers while at the operator’s mine is at an acceptable level, including, for example, by providing and maintaining a place of work and plant in a safe state; to ensure the operator’s own safety and health and the safety and health of others is not affected by the way the operator conducts coal mining operations; not to carry out an activity at the coal mine that creates a risk to a person on an adjacent or overlapping petroleum authority if the risk is higher than an acceptable level of risk; to appoint a site senior executive for the mine; to ensure the site senior executive, or acting site senior executive, for the coal mine is located at or near the coal mine when performing the duties of the site senior executive unless— the duties require the site senior executive, or acting site senior executive, to be temporarily absent for not more than 14 days; or the site senior executive, or acting site senior executive, is temporarily absent on leave for not more than 14 days; to ensure the site senior executive for the mine— develops and implements a safety and health management system for the mine; and develops, implements and maintains a management structure for the mine that helps ensure the safety and health of persons at the mine; to audit and review the effectiveness and implementation of the safety and health management system to ensure the risk to persons from coal mining operations is at an acceptable level; to provide adequate resources to ensure the effectiveness and implementation of the safety and health management system.\n(sec.41-ssec.2) Without limiting subsection (1) , the coal mine operator has an obligation not to operate the coal mine without a safety and health management system for the mine.\n(sec.41-ssec.3) In this section— adjacent or overlapping petroleum authority means any of the following under an Act as follows if, under that Act, its area is adjacent to, or overlaps with, the land the subject of the mining tenure under which the coal mine is operated— a petroleum authority under the Petroleum and Gas (Production and Safety) Act 2004 ; an authority to prospect, petroleum lease, or water monitoring authority, under the Petroleum Act 1923 .\n- (a) to ensure the risk to coal mine workers while at the operator’s mine is at an acceptable level, including, for example, by providing and maintaining a place of work and plant in a safe state;\n- (b) to ensure the operator’s own safety and health and the safety and health of others is not affected by the way the operator conducts coal mining operations;\n- (c) not to carry out an activity at the coal mine that creates a risk to a person on an adjacent or overlapping petroleum authority if the risk is higher than an acceptable level of risk;\n- (d) to appoint a site senior executive for the mine;\n- (e) to ensure the site senior executive, or acting site senior executive, for the coal mine is located at or near the coal mine when performing the duties of the site senior executive unless— (i) the duties require the site senior executive, or acting site senior executive, to be temporarily absent for not more than 14 days; or (ii) the site senior executive, or acting site senior executive, is temporarily absent on leave for not more than 14 days;\n- (i) the duties require the site senior executive, or acting site senior executive, to be temporarily absent for not more than 14 days; or\n- (ii) the site senior executive, or acting site senior executive, is temporarily absent on leave for not more than 14 days;\n- (f) to ensure the site senior executive for the mine— (i) develops and implements a safety and health management system for the mine; and (ii) develops, implements and maintains a management structure for the mine that helps ensure the safety and health of persons at the mine;\n- (i) develops and implements a safety and health management system for the mine; and\n- (ii) develops, implements and maintains a management structure for the mine that helps ensure the safety and health of persons at the mine;\n- (g) to audit and review the effectiveness and implementation of the safety and health management system to ensure the risk to persons from coal mining operations is at an acceptable level;\n- (h) to provide adequate resources to ensure the effectiveness and implementation of the safety and health management system.\n- (i) the duties require the site senior executive, or acting site senior executive, to be temporarily absent for not more than 14 days; or\n- (ii) the site senior executive, or acting site senior executive, is temporarily absent on leave for not more than 14 days;\n- (i) develops and implements a safety and health management system for the mine; and\n- (ii) develops, implements and maintains a management structure for the mine that helps ensure the safety and health of persons at the mine;\n- (a) a petroleum authority under the Petroleum and Gas (Production and Safety) Act 2004 ;\n- (b) an authority to prospect, petroleum lease, or water monitoring authority, under the Petroleum Act 1923 .","sortOrder":54},{"sectionNumber":"sec.42","sectionType":"section","heading":"Obligations of site senior executive for coal mine","content":"### sec.42 Obligations of site senior executive for coal mine\n\nA site senior executive for a coal mine has the following obligations in relation to the safety and health of persons who may be affected by coal mining operations—\nto ensure the risk to persons from coal mining operations is at an acceptable level;\nto ensure the risk to persons from any plant or substance provided by the site senior executive for the performance of work is at an acceptable level;\nto develop and implement a safety and health management system for all persons at the mine including contractors;\nto give a contractor for the mine information in the site senior executive’s possession about all relevant components of the mine’s safety and health management system, required by the contractor to—\nidentify risks arising in relation to any work to be performed, service to be provided, or work or service to be arranged, by the contractor; and\ncomply with section 43 (1) (d) ;\nto review safety and health management plans of contractors and, if necessary, require changes to be made to those plans to enable them to be integrated with the mine’s safety and health management system;\nto develop, implement and maintain a management structure for the mine that helps ensure the safety and health of persons at the mine;\nto ensure no work is undertaken by a coal mine worker at the mine, or an operational ROC worker for the mine, until the worker—\nhas been inducted in the mine’s safety and health management system to the extent it relates to the work to be undertaken by the worker; and\nhas received training about hazards and risks at the mine to the extent they relate to the work to be undertaken by the worker; and\nhas received training so the worker is competent to perform the worker’s duties;\nto provide for—\nadequate planning, organisation, leadership and control of coal mining operations; and\nthe carrying out of critical work at the mine that requires particular technical competencies; and\nadequate supervision and control of coal mining operations on each shift at the mine; and\nregular monitoring and assessment of the working environment, work procedures, equipment, and installations at the mine; and\nappropriate inspection of each workplace at the mine including, where necessary, pre-shift inspections; and\nthe development of a schedule of when inspections, including regular periodic inspections, must be carried out; and\nadequate supervision and monitoring of contractors at the mine.\ns 42 amd 2011 No. 2 s 7 ; 2018 No. 28 s 8 ; 2024 No. 34 s 10\n- (a) to ensure the risk to persons from coal mining operations is at an acceptable level;\n- (b) to ensure the risk to persons from any plant or substance provided by the site senior executive for the performance of work is at an acceptable level;\n- (c) to develop and implement a safety and health management system for all persons at the mine including contractors;\n- (d) to give a contractor for the mine information in the site senior executive’s possession about all relevant components of the mine’s safety and health management system, required by the contractor to— (i) identify risks arising in relation to any work to be performed, service to be provided, or work or service to be arranged, by the contractor; and (ii) comply with section 43 (1) (d) ;\n- (i) identify risks arising in relation to any work to be performed, service to be provided, or work or service to be arranged, by the contractor; and\n- (ii) comply with section 43 (1) (d) ;\n- (e) to review safety and health management plans of contractors and, if necessary, require changes to be made to those plans to enable them to be integrated with the mine’s safety and health management system;\n- (f) to develop, implement and maintain a management structure for the mine that helps ensure the safety and health of persons at the mine;\n- (g) to ensure no work is undertaken by a coal mine worker at the mine, or an operational ROC worker for the mine, until the worker— (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be undertaken by the worker; and (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be undertaken by the worker; and (iii) has received training so the worker is competent to perform the worker’s duties;\n- (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be undertaken by the worker; and\n- (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be undertaken by the worker; and\n- (iii) has received training so the worker is competent to perform the worker’s duties;\n- (h) to provide for— (i) adequate planning, organisation, leadership and control of coal mining operations; and (ii) the carrying out of critical work at the mine that requires particular technical competencies; and (iii) adequate supervision and control of coal mining operations on each shift at the mine; and (iv) regular monitoring and assessment of the working environment, work procedures, equipment, and installations at the mine; and (v) appropriate inspection of each workplace at the mine including, where necessary, pre-shift inspections; and (vi) the development of a schedule of when inspections, including regular periodic inspections, must be carried out; and (vii) adequate supervision and monitoring of contractors at the mine.\n- (i) adequate planning, organisation, leadership and control of coal mining operations; and\n- (ii) the carrying out of critical work at the mine that requires particular technical competencies; and\n- (iii) adequate supervision and control of coal mining operations on each shift at the mine; and\n- (iv) regular monitoring and assessment of the working environment, work procedures, equipment, and installations at the mine; and\n- (v) appropriate inspection of each workplace at the mine including, where necessary, pre-shift inspections; and\n- (vi) the development of a schedule of when inspections, including regular periodic inspections, must be carried out; and\n- (vii) adequate supervision and monitoring of contractors at the mine.\n- (i) identify risks arising in relation to any work to be performed, service to be provided, or work or service to be arranged, by the contractor; and\n- (ii) comply with section 43 (1) (d) ;\n- (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be undertaken by the worker; and\n- (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be undertaken by the worker; and\n- (iii) has received training so the worker is competent to perform the worker’s duties;\n- (i) adequate planning, organisation, leadership and control of coal mining operations; and\n- (ii) the carrying out of critical work at the mine that requires particular technical competencies; and\n- (iii) adequate supervision and control of coal mining operations on each shift at the mine; and\n- (iv) regular monitoring and assessment of the working environment, work procedures, equipment, and installations at the mine; and\n- (v) appropriate inspection of each workplace at the mine including, where necessary, pre-shift inspections; and\n- (vi) the development of a schedule of when inspections, including regular periodic inspections, must be carried out; and\n- (vii) adequate supervision and monitoring of contractors at the mine.","sortOrder":55},{"sectionNumber":"sec.43","sectionType":"section","heading":"Obligations of contractors","content":"### sec.43 Obligations of contractors\n\nA contractor for a coal mine has the following obligations—\nto ensure the contractor complies with this Act to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor;\nto ensure the contractor complies with the mine’s safety and health management system to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor;\nto ensure the contractor’s own safety and health, and the safety and health of others, is not adversely affected by the way the contractor performs work, provides a service, or arranges work or a service, at the mine;\nto ensure no work is performed, service provided, or work or service arranged, by the contractor until the contractor—\nhas given the site senior executive for the mine a safety and health management plan; and\nhas made all changes to the contractor’s safety and health management plan required by the site senior executive to enable the plan to be integrated with the mine’s safety and health management system;\nif the contractor is physically present at the mine—to ensure no work at the mine is performed by the contractor until the contractor—\nhas been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed by the contractor; and\nhas received training about hazards and risks at the mine to the extent they relate to the work to be performed by the contractor;\nto ensure no work at the mine is performed by a coal mine worker engaged by the contractor, or a coal mine worker arranged by the contractor to perform work or provide a service, until the worker—\nhas been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed, or service to be provided, by the worker; and\nhas received training about hazards and risks at the mine to the extent they relate to the work to be performed, or service to be provided, by the worker;\nto ensure the fitness for use of plant at the mine is not adversely affected by the work performed or service provided by the contractor.\nIn this section—\nsafety and health management plan , of a contractor, means a plan that—\nidentifies the work to be undertaken, service to be provided, or work or service to be arranged, by the contractor; and\nstates how the contractor intends to comply with the contractor’s obligations under this section.\ns 43 sub 2018 No. 28 s 9\namd 2024 No. 34 s 11\n(sec.43-ssec.1) A contractor for a coal mine has the following obligations— to ensure the contractor complies with this Act to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor; to ensure the contractor complies with the mine’s safety and health management system to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor; to ensure the contractor’s own safety and health, and the safety and health of others, is not adversely affected by the way the contractor performs work, provides a service, or arranges work or a service, at the mine; to ensure no work is performed, service provided, or work or service arranged, by the contractor until the contractor— has given the site senior executive for the mine a safety and health management plan; and has made all changes to the contractor’s safety and health management plan required by the site senior executive to enable the plan to be integrated with the mine’s safety and health management system; if the contractor is physically present at the mine—to ensure no work at the mine is performed by the contractor until the contractor— has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed by the contractor; and has received training about hazards and risks at the mine to the extent they relate to the work to be performed by the contractor; to ensure no work at the mine is performed by a coal mine worker engaged by the contractor, or a coal mine worker arranged by the contractor to perform work or provide a service, until the worker— has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed, or service to be provided, by the worker; and has received training about hazards and risks at the mine to the extent they relate to the work to be performed, or service to be provided, by the worker; to ensure the fitness for use of plant at the mine is not adversely affected by the work performed or service provided by the contractor.\n(sec.43-ssec.2) In this section— safety and health management plan , of a contractor, means a plan that— identifies the work to be undertaken, service to be provided, or work or service to be arranged, by the contractor; and states how the contractor intends to comply with the contractor’s obligations under this section.\n- (a) to ensure the contractor complies with this Act to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor;\n- (b) to ensure the contractor complies with the mine’s safety and health management system to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor;\n- (c) to ensure the contractor’s own safety and health, and the safety and health of others, is not adversely affected by the way the contractor performs work, provides a service, or arranges work or a service, at the mine;\n- (d) to ensure no work is performed, service provided, or work or service arranged, by the contractor until the contractor— (i) has given the site senior executive for the mine a safety and health management plan; and (ii) has made all changes to the contractor’s safety and health management plan required by the site senior executive to enable the plan to be integrated with the mine’s safety and health management system;\n- (i) has given the site senior executive for the mine a safety and health management plan; and\n- (ii) has made all changes to the contractor’s safety and health management plan required by the site senior executive to enable the plan to be integrated with the mine’s safety and health management system;\n- (e) if the contractor is physically present at the mine—to ensure no work at the mine is performed by the contractor until the contractor— (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed by the contractor; and (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be performed by the contractor;\n- (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed by the contractor; and\n- (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be performed by the contractor;\n- (f) to ensure no work at the mine is performed by a coal mine worker engaged by the contractor, or a coal mine worker arranged by the contractor to perform work or provide a service, until the worker— (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed, or service to be provided, by the worker; and (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be performed, or service to be provided, by the worker;\n- (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed, or service to be provided, by the worker; and\n- (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be performed, or service to be provided, by the worker;\n- (g) to ensure the fitness for use of plant at the mine is not adversely affected by the work performed or service provided by the contractor.\n- (i) has given the site senior executive for the mine a safety and health management plan; and\n- (ii) has made all changes to the contractor’s safety and health management plan required by the site senior executive to enable the plan to be integrated with the mine’s safety and health management system;\n- (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed by the contractor; and\n- (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be performed by the contractor;\n- (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed, or service to be provided, by the worker; and\n- (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be performed, or service to be provided, by the worker;\n- (a) identifies the work to be undertaken, service to be provided, or work or service to be arranged, by the contractor; and\n- (b) states how the contractor intends to comply with the contractor’s obligations under this section.","sortOrder":56},{"sectionNumber":"sec.44","sectionType":"section","heading":"Obligations of designers, manufacturers, importers and suppliers of plant etc. for use at coal mines","content":"### sec.44 Obligations of designers, manufacturers, importers and suppliers of plant etc. for use at coal mines\n\nA designer or importer of plant for use at a coal mine has an obligation to ensure the plant is designed so that, when used properly, the risk to persons from the use of the plant is at an acceptable level.\nA manufacturer or importer of plant for use at a coal mine has an obligation to ensure the plant is constructed so that, when used properly, the risk to persons from the use of the plant is at an acceptable level.\nA designer, manufacturer or importer of plant for use at a coal mine has an obligation to ensure the plant undergoes appropriate levels of testing and examination to ensure compliance with the obligation imposed by subsection (1) or (2) .\nAlso, a designer, manufacturer, importer or supplier of plant for use at a coal mine has the following obligations—\nto take all reasonable steps to ensure appropriate information about the safe use of the plant is available, including information about the maintenance necessary for the safe use of the plant;\nif the designer, manufacturer, importer or supplier becomes aware of a hazard or defect associated with the plant that may create an unacceptable level of risk to users of the plant, to inform the chief inspector of—\nthe nature of the hazard or defect and its significance; and\nany modifications or controls of which the designer, manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and\nthe name of each coal mine operator or contractor to whom the designer, manufacturer, importer or supplier has supplied the plant; and\nthe steps taken to notify the coal mine operators and contractors about the matters mentioned in subparagraphs (i) and (ii) ;\nto take the action the chief inspector reasonably requires to prevent the use of unsafe plant anywhere.\nThe chief inspector may require a designer, manufacturer, importer or supplier of plant to recall the plant to prevent its use.\nFor subsection (4) (a) , information is appropriate if the information states—\nthe use for which the plant has been designed and tested; and\nany conditions that must be followed if the plant is to be used safely so that risk to persons is at an acceptable level.\nIf a supplier of plant becomes aware of a hazard or defect associated with the plant the supplier has supplied to a coal mine operator for a coal mine or to a contractor for use at a coal mine, that may create an unacceptable level of risk to users of the plant, the supplier has an obligation to take all reasonable steps to inform the coal mine operator or contractor—\nof the nature of the hazard or defect and its significance; and\nany modifications or controls the supplier is aware of that have been developed to eliminate or correct the hazard or defect or manage the risk.\ns 44 amd 2018 No. 28 s 10 ; 2024 No. 34 s 12\n(sec.44-ssec.1) A designer or importer of plant for use at a coal mine has an obligation to ensure the plant is designed so that, when used properly, the risk to persons from the use of the plant is at an acceptable level.\n(sec.44-ssec.2) A manufacturer or importer of plant for use at a coal mine has an obligation to ensure the plant is constructed so that, when used properly, the risk to persons from the use of the plant is at an acceptable level.\n(sec.44-ssec.3) A designer, manufacturer or importer of plant for use at a coal mine has an obligation to ensure the plant undergoes appropriate levels of testing and examination to ensure compliance with the obligation imposed by subsection (1) or (2) .\n(sec.44-ssec.4) Also, a designer, manufacturer, importer or supplier of plant for use at a coal mine has the following obligations— to take all reasonable steps to ensure appropriate information about the safe use of the plant is available, including information about the maintenance necessary for the safe use of the plant; if the designer, manufacturer, importer or supplier becomes aware of a hazard or defect associated with the plant that may create an unacceptable level of risk to users of the plant, to inform the chief inspector of— the nature of the hazard or defect and its significance; and any modifications or controls of which the designer, manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and the name of each coal mine operator or contractor to whom the designer, manufacturer, importer or supplier has supplied the plant; and the steps taken to notify the coal mine operators and contractors about the matters mentioned in subparagraphs (i) and (ii) ; to take the action the chief inspector reasonably requires to prevent the use of unsafe plant anywhere. The chief inspector may require a designer, manufacturer, importer or supplier of plant to recall the plant to prevent its use.\n(sec.44-ssec.5) For subsection (4) (a) , information is appropriate if the information states— the use for which the plant has been designed and tested; and any conditions that must be followed if the plant is to be used safely so that risk to persons is at an acceptable level.\n(sec.44-ssec.6) If a supplier of plant becomes aware of a hazard or defect associated with the plant the supplier has supplied to a coal mine operator for a coal mine or to a contractor for use at a coal mine, that may create an unacceptable level of risk to users of the plant, the supplier has an obligation to take all reasonable steps to inform the coal mine operator or contractor— of the nature of the hazard or defect and its significance; and any modifications or controls the supplier is aware of that have been developed to eliminate or correct the hazard or defect or manage the risk.\n- (a) to take all reasonable steps to ensure appropriate information about the safe use of the plant is available, including information about the maintenance necessary for the safe use of the plant;\n- (b) if the designer, manufacturer, importer or supplier becomes aware of a hazard or defect associated with the plant that may create an unacceptable level of risk to users of the plant, to inform the chief inspector of— (i) the nature of the hazard or defect and its significance; and (ii) any modifications or controls of which the designer, manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and (iii) the name of each coal mine operator or contractor to whom the designer, manufacturer, importer or supplier has supplied the plant; and (iv) the steps taken to notify the coal mine operators and contractors about the matters mentioned in subparagraphs (i) and (ii) ;\n- (i) the nature of the hazard or defect and its significance; and\n- (ii) any modifications or controls of which the designer, manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and\n- (iii) the name of each coal mine operator or contractor to whom the designer, manufacturer, importer or supplier has supplied the plant; and\n- (iv) the steps taken to notify the coal mine operators and contractors about the matters mentioned in subparagraphs (i) and (ii) ;\n- (c) to take the action the chief inspector reasonably requires to prevent the use of unsafe plant anywhere. Example of subsection (4) (c) — The chief inspector may require a designer, manufacturer, importer or supplier of plant to recall the plant to prevent its use.\n- (i) the nature of the hazard or defect and its significance; and\n- (ii) any modifications or controls of which the designer, manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and\n- (iii) the name of each coal mine operator or contractor to whom the designer, manufacturer, importer or supplier has supplied the plant; and\n- (iv) the steps taken to notify the coal mine operators and contractors about the matters mentioned in subparagraphs (i) and (ii) ;\n- (a) the use for which the plant has been designed and tested; and\n- (b) any conditions that must be followed if the plant is to be used safely so that risk to persons is at an acceptable level.\n- (a) of the nature of the hazard or defect and its significance; and\n- (b) any modifications or controls the supplier is aware of that have been developed to eliminate or correct the hazard or defect or manage the risk.","sortOrder":57},{"sectionNumber":"sec.45","sectionType":"section","heading":"Obligations of erectors and installers of plant","content":"### sec.45 Obligations of erectors and installers of plant\n\nAn erector or installer of plant at a coal mine has an obligation—\nto erect or install the plant in a way that is safe and does not expose persons at the mine to an unacceptable level of risk; and\nto ensure nothing about the way the plant was erected or installed makes it unsafe or likely to expose persons at the mine to an unacceptable level of risk when used properly.\n- (a) to erect or install the plant in a way that is safe and does not expose persons at the mine to an unacceptable level of risk; and\n- (b) to ensure nothing about the way the plant was erected or installed makes it unsafe or likely to expose persons at the mine to an unacceptable level of risk when used properly.","sortOrder":58},{"sectionNumber":"sec.45A","sectionType":"section","heading":"Obligations of designers, constructors and erectors of earthworks","content":"### sec.45A Obligations of designers, constructors and erectors of earthworks\n\nA designer of earthworks at a coal mine has an obligation to ensure the earthworks are designed so that, when used properly, the risk to persons from the use of the earthworks is at an acceptable level.\ntailings dam, berm\nA constructor or erector of earthworks at a coal mine has an obligation—\nto construct or erect the earthworks in a way that is safe and does not expose persons to an unacceptable level of risk; and\nto ensure nothing about the way the earthworks are constructed or erected makes the earthworks unsafe or likely to expose persons to an unacceptable level of risk when used properly.\ns 45A ins 2011 No. 2 s 8\n(sec.45A-ssec.1) A designer of earthworks at a coal mine has an obligation to ensure the earthworks are designed so that, when used properly, the risk to persons from the use of the earthworks is at an acceptable level. tailings dam, berm\n(sec.45A-ssec.2) A constructor or erector of earthworks at a coal mine has an obligation— to construct or erect the earthworks in a way that is safe and does not expose persons to an unacceptable level of risk; and to ensure nothing about the way the earthworks are constructed or erected makes the earthworks unsafe or likely to expose persons to an unacceptable level of risk when used properly.\n- (a) to construct or erect the earthworks in a way that is safe and does not expose persons to an unacceptable level of risk; and\n- (b) to ensure nothing about the way the earthworks are constructed or erected makes the earthworks unsafe or likely to expose persons to an unacceptable level of risk when used properly.","sortOrder":59},{"sectionNumber":"sec.46","sectionType":"section","heading":"Obligations of manufacturers, importers and suppliers of substances for use at coal mines","content":"### sec.46 Obligations of manufacturers, importers and suppliers of substances for use at coal mines\n\nA manufacturer or importer of a substance for use at a coal mine has the following obligations—\nto ensure the substance is safe so that, when used properly, the risk to persons from the use of the substance is at an acceptable level;\nto ensure the substance undergoes appropriate levels of testing and examination to ensure compliance with the obligation imposed by paragraph (a) .\nAlso, a manufacturer, importer or supplier of a substance for use at a coal mine has the following obligations—\nto ensure appropriate information about the safe use, storage and disposal of the substance is provided with the substance;\nif the manufacturer, importer or supplier becomes aware of a hazard or defect associated with the substance that may create an unacceptable level of risk to users of the substance, to inform the chief inspector of—\nthe nature of the hazard or defect and its significance; and\nany modifications or controls of which the manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and\nthe name of each coal mine operator or contractor to whom the manufacturer, importer or supplier has supplied the substance; and\nthe steps taken to notify the coal mine operators and contractors about the matters mentioned in subparagraphs (i) and (ii) ;\nto take the action the chief inspector reasonably requires to prevent the use of an unsafe substance at a coal mine.\nThe chief inspector may require a manufacturer, importer or supplier of a substance to recall the substance to prevent its use.\nFor subsection (2) (a) , information is appropriate if the information clearly identifies the substance and states—\nthe precautions, if any, to be taken for the safe use, storage or disposal of the substance; and\nthe risks, if any, associated with the use, storage or disposal of the substance.\nIf a supplier of a substance for use at a coal mine becomes aware of a hazard or defect associated with the substance that may create an unacceptable level of risk to users of the substance, the supplier has an obligation to take all reasonable steps to inform each coal mine operator or contractor to whom the supplier has supplied the substance of—\nthe nature of the hazard or defect and its significance; and\nany modifications or controls the supplier is aware of that have been developed to eliminate or correct the hazard or defect or manage the risk.\ns 46 amd 2018 No. 28 s 11 ; 2024 No. 34 s 13\n(sec.46-ssec.1) A manufacturer or importer of a substance for use at a coal mine has the following obligations— to ensure the substance is safe so that, when used properly, the risk to persons from the use of the substance is at an acceptable level; to ensure the substance undergoes appropriate levels of testing and examination to ensure compliance with the obligation imposed by paragraph (a) .\n(sec.46-ssec.2) Also, a manufacturer, importer or supplier of a substance for use at a coal mine has the following obligations— to ensure appropriate information about the safe use, storage and disposal of the substance is provided with the substance; if the manufacturer, importer or supplier becomes aware of a hazard or defect associated with the substance that may create an unacceptable level of risk to users of the substance, to inform the chief inspector of— the nature of the hazard or defect and its significance; and any modifications or controls of which the manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and the name of each coal mine operator or contractor to whom the manufacturer, importer or supplier has supplied the substance; and the steps taken to notify the coal mine operators and contractors about the matters mentioned in subparagraphs (i) and (ii) ; to take the action the chief inspector reasonably requires to prevent the use of an unsafe substance at a coal mine. The chief inspector may require a manufacturer, importer or supplier of a substance to recall the substance to prevent its use.\n(sec.46-ssec.3) For subsection (2) (a) , information is appropriate if the information clearly identifies the substance and states— the precautions, if any, to be taken for the safe use, storage or disposal of the substance; and the risks, if any, associated with the use, storage or disposal of the substance.\n(sec.46-ssec.4) If a supplier of a substance for use at a coal mine becomes aware of a hazard or defect associated with the substance that may create an unacceptable level of risk to users of the substance, the supplier has an obligation to take all reasonable steps to inform each coal mine operator or contractor to whom the supplier has supplied the substance of— the nature of the hazard or defect and its significance; and any modifications or controls the supplier is aware of that have been developed to eliminate or correct the hazard or defect or manage the risk.\n- (a) to ensure the substance is safe so that, when used properly, the risk to persons from the use of the substance is at an acceptable level;\n- (b) to ensure the substance undergoes appropriate levels of testing and examination to ensure compliance with the obligation imposed by paragraph (a) .\n- (a) to ensure appropriate information about the safe use, storage and disposal of the substance is provided with the substance;\n- (b) if the manufacturer, importer or supplier becomes aware of a hazard or defect associated with the substance that may create an unacceptable level of risk to users of the substance, to inform the chief inspector of— (i) the nature of the hazard or defect and its significance; and (ii) any modifications or controls of which the manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and (iii) the name of each coal mine operator or contractor to whom the manufacturer, importer or supplier has supplied the substance; and (iv) the steps taken to notify the coal mine operators and contractors about the matters mentioned in subparagraphs (i) and (ii) ;\n- (i) the nature of the hazard or defect and its significance; and\n- (ii) any modifications or controls of which the manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and\n- (iii) the name of each coal mine operator or contractor to whom the manufacturer, importer or supplier has supplied the substance; and\n- (iv) the steps taken to notify the coal mine operators and contractors about the matters mentioned in subparagraphs (i) and (ii) ;\n- (c) to take the action the chief inspector reasonably requires to prevent the use of an unsafe substance at a coal mine. Example of subsection (2) (c) — The chief inspector may require a manufacturer, importer or supplier of a substance to recall the substance to prevent its use.\n- (i) the nature of the hazard or defect and its significance; and\n- (ii) any modifications or controls of which the manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and\n- (iii) the name of each coal mine operator or contractor to whom the manufacturer, importer or supplier has supplied the substance; and\n- (iv) the steps taken to notify the coal mine operators and contractors about the matters mentioned in subparagraphs (i) and (ii) ;\n- (a) the precautions, if any, to be taken for the safe use, storage or disposal of the substance; and\n- (b) the risks, if any, associated with the use, storage or disposal of the substance.\n- (a) the nature of the hazard or defect and its significance; and\n- (b) any modifications or controls the supplier is aware of that have been developed to eliminate or correct the hazard or defect or manage the risk.","sortOrder":60},{"sectionNumber":"sec.47","sectionType":"section","heading":null,"content":"### Section sec.47\n\ns 47 sub 2018 No. 28 s 12\nom 2024 No. 34 s 14","sortOrder":61},{"sectionNumber":"pt.3-div.3A","sectionType":"division","heading":"Obligations of officers of corporations","content":"## Obligations of officers of corporations","sortOrder":62},{"sectionNumber":"sec.47A","sectionType":"section","heading":"Obligation of officers of corporations","content":"### sec.47A Obligation of officers of corporations\n\nIf a corporation has an obligation under this Act, an officer of the corporation must exercise due diligence to ensure the corporation complies with the obligation.\nAn officer of a corporation may be convicted or found guilty of an offence under this Act relating to an obligation of the officer whether or not the corporation has been convicted or found guilty of an offence under this Act relating to an obligation of the corporation.\nIn this section, due diligence includes taking reasonable steps—\nto acquire and keep up-to-date knowledge of mine safety and health matters; and\nto gain an understanding of the nature of coal mining operations at a coal mine and generally of the hazards, risks and critical controls associated with those operations; and\nto ensure the corporation has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to safety and health from work carried out as part of coal mining operations; and\nto ensure the corporation has appropriate processes for receiving and considering information regarding incidents, hazards, risks and critical controls and responding in a timely way to that information; and\nto ensure the corporation has, and implements, processes for complying with any obligation of the corporation under this Act; and\nto verify the provision and use of the resources and processes mentioned in paragraphs (c) to (e) .\nIf the corporation is a coal mine operator, verifying the provision and use of the resources and processes to ensure the operator complies with the requirement under section 41 (1) (g) (including, for example, having regard to each report given by the operator in relation to an audit of the effectiveness and implementation of the mine’s safety and health management system).\nIn this section—\nofficer , of a corporation, does not include a person appointed as, or whose position reports directly or indirectly to, the site senior executive for a coal mine.\ns 47A ins 2018 No. 28 s 13\namd 2024 No. 34 s 15\n(sec.47A-ssec.1) If a corporation has an obligation under this Act, an officer of the corporation must exercise due diligence to ensure the corporation complies with the obligation.\n(sec.47A-ssec.2) An officer of a corporation may be convicted or found guilty of an offence under this Act relating to an obligation of the officer whether or not the corporation has been convicted or found guilty of an offence under this Act relating to an obligation of the corporation.\n(sec.47A-ssec.3) In this section, due diligence includes taking reasonable steps— to acquire and keep up-to-date knowledge of mine safety and health matters; and to gain an understanding of the nature of coal mining operations at a coal mine and generally of the hazards, risks and critical controls associated with those operations; and to ensure the corporation has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to safety and health from work carried out as part of coal mining operations; and to ensure the corporation has appropriate processes for receiving and considering information regarding incidents, hazards, risks and critical controls and responding in a timely way to that information; and to ensure the corporation has, and implements, processes for complying with any obligation of the corporation under this Act; and to verify the provision and use of the resources and processes mentioned in paragraphs (c) to (e) . If the corporation is a coal mine operator, verifying the provision and use of the resources and processes to ensure the operator complies with the requirement under section 41 (1) (g) (including, for example, having regard to each report given by the operator in relation to an audit of the effectiveness and implementation of the mine’s safety and health management system).\n(sec.47A-ssec.4) In this section— officer , of a corporation, does not include a person appointed as, or whose position reports directly or indirectly to, the site senior executive for a coal mine.\n- (a) to acquire and keep up-to-date knowledge of mine safety and health matters; and\n- (b) to gain an understanding of the nature of coal mining operations at a coal mine and generally of the hazards, risks and critical controls associated with those operations; and\n- (c) to ensure the corporation has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to safety and health from work carried out as part of coal mining operations; and\n- (d) to ensure the corporation has appropriate processes for receiving and considering information regarding incidents, hazards, risks and critical controls and responding in a timely way to that information; and\n- (e) to ensure the corporation has, and implements, processes for complying with any obligation of the corporation under this Act; and\n- (f) to verify the provision and use of the resources and processes mentioned in paragraphs (c) to (e) . Example for paragraph (f) — If the corporation is a coal mine operator, verifying the provision and use of the resources and processes to ensure the operator complies with the requirement under section 41 (1) (g) (including, for example, having regard to each report given by the operator in relation to an audit of the effectiveness and implementation of the mine’s safety and health management system).","sortOrder":63},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Defences","content":"## Defences","sortOrder":64},{"sectionNumber":"sec.48","sectionType":"section","heading":"Defences for div 2 , 3 or 3A","content":"### sec.48 Defences for div 2 , 3 or 3A\n\nIt is a defence in a proceeding against a person for a contravention of an obligation imposed on the person under division 2 , 3 or 3A in relation to a risk for the person to prove—\nif a regulation has been made about the way to achieve an acceptable level of risk—the person followed the way prescribed in the regulation to prevent the contravention; or\nsubject to paragraph (a) , if a recognised standard has been made stating a way or ways to achieve an acceptable level of a risk—\nthat the person adopted and followed a stated way to prevent the contravention; or\nthat the person adopted and followed another way that achieved a level of risk that is equal to or better than the acceptable level to prevent the contravention; or\nif no regulation or recognised standard prescribes or states a way to discharge the person’s safety and health obligation in relation to the risk—that the person took reasonable precautions and exercised proper diligence to prevent the contravention.\nAlso, it is a defence in a proceeding against a person for an offence against section 34 for the person to prove that the commission of the offence was due to causes over which the person had no control.\nThe Criminal Code , sections 23 and 24 , do not apply in relation to a contravention of section 34 .\nIn this section, a reference to a recognised standard is a reference to the recognised standard in force at the time of the contravention.\ns 48 amd 2018 No. 28 s 14\n(sec.48-ssec.1) It is a defence in a proceeding against a person for a contravention of an obligation imposed on the person under division 2 , 3 or 3A in relation to a risk for the person to prove— if a regulation has been made about the way to achieve an acceptable level of risk—the person followed the way prescribed in the regulation to prevent the contravention; or subject to paragraph (a) , if a recognised standard has been made stating a way or ways to achieve an acceptable level of a risk— that the person adopted and followed a stated way to prevent the contravention; or that the person adopted and followed another way that achieved a level of risk that is equal to or better than the acceptable level to prevent the contravention; or if no regulation or recognised standard prescribes or states a way to discharge the person’s safety and health obligation in relation to the risk—that the person took reasonable precautions and exercised proper diligence to prevent the contravention.\n(sec.48-ssec.2) Also, it is a defence in a proceeding against a person for an offence against section 34 for the person to prove that the commission of the offence was due to causes over which the person had no control.\n(sec.48-ssec.3) The Criminal Code , sections 23 and 24 , do not apply in relation to a contravention of section 34 .\n(sec.48-ssec.4) In this section, a reference to a recognised standard is a reference to the recognised standard in force at the time of the contravention.\n- (a) if a regulation has been made about the way to achieve an acceptable level of risk—the person followed the way prescribed in the regulation to prevent the contravention; or\n- (b) subject to paragraph (a) , if a recognised standard has been made stating a way or ways to achieve an acceptable level of a risk— (i) that the person adopted and followed a stated way to prevent the contravention; or (ii) that the person adopted and followed another way that achieved a level of risk that is equal to or better than the acceptable level to prevent the contravention; or\n- (i) that the person adopted and followed a stated way to prevent the contravention; or\n- (ii) that the person adopted and followed another way that achieved a level of risk that is equal to or better than the acceptable level to prevent the contravention; or\n- (c) if no regulation or recognised standard prescribes or states a way to discharge the person’s safety and health obligation in relation to the risk—that the person took reasonable precautions and exercised proper diligence to prevent the contravention.\n- (i) that the person adopted and followed a stated way to prevent the contravention; or\n- (ii) that the person adopted and followed another way that achieved a level of risk that is equal to or better than the acceptable level to prevent the contravention; or","sortOrder":65},{"sectionNumber":"pt.3A","sectionType":"part","heading":"Industrial manslaughter","content":"# Industrial manslaughter","sortOrder":66},{"sectionNumber":"sec.48A","sectionType":"section","heading":"Definitions for part","content":"### sec.48A Definitions for part\n\nIn this part—\nconduct means an act or omission to perform an act.\nemployer , for a coal mine, means—\na person who employs or otherwise engages a coal mine worker for the coal mine; or\na person who arranges for a coal mine worker to work for the coal mine, including for example, a labour hire agency; or\nthe coal mine operator for the coal mine; or\nthe holder for the coal mine.\ns 48A(1) def employer sub 2024 No. 34 s 16\nexecutive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.\nsenior officer , of an employer for a coal mine, means—\nif the employer is a corporation—an executive officer of the corporation; or\notherwise—the holder of an executive position (however described) in relation to the employer who makes, or takes part in making, decisions affecting all, or a substantial part, of the employer’s functions.\nFor this part, a person’s conduct causes death if it substantially contributes to the death.\ns 48A ins 2020 No. 14 s 11\n(sec.48A-ssec.1) In this part— conduct means an act or omission to perform an act. employer , for a coal mine, means— a person who employs or otherwise engages a coal mine worker for the coal mine; or a person who arranges for a coal mine worker to work for the coal mine, including for example, a labour hire agency; or the coal mine operator for the coal mine; or the holder for the coal mine. s 48A(1) def employer sub 2024 No. 34 s 16 executive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer. senior officer , of an employer for a coal mine, means— if the employer is a corporation—an executive officer of the corporation; or otherwise—the holder of an executive position (however described) in relation to the employer who makes, or takes part in making, decisions affecting all, or a substantial part, of the employer’s functions.\n(sec.48A-ssec.2) For this part, a person’s conduct causes death if it substantially contributes to the death.\n- (a) a person who employs or otherwise engages a coal mine worker for the coal mine; or\n- (b) a person who arranges for a coal mine worker to work for the coal mine, including for example, a labour hire agency; or\n- (c) the coal mine operator for the coal mine; or\n- (d) the holder for the coal mine.\n- (a) if the employer is a corporation—an executive officer of the corporation; or\n- (b) otherwise—the holder of an executive position (however described) in relation to the employer who makes, or takes part in making, decisions affecting all, or a substantial part, of the employer’s functions.","sortOrder":67},{"sectionNumber":"sec.48B","sectionType":"section","heading":"Exception for the Criminal Code , s 23","content":"### sec.48B Exception for the Criminal Code , s 23\n\nThe Criminal Code , section 23 does not apply in relation to an offence against this part.\ns 48B ins 2020 No. 14 s 11","sortOrder":68},{"sectionNumber":"sec.48C","sectionType":"section","heading":"Industrial manslaughter—employer","content":"### sec.48C Industrial manslaughter—employer\n\nAn employer for a coal mine commits an offence if—\na coal mine worker—\ndies in the course of carrying out work at the coal mine; or\nis injured in the course of carrying out work at the coal mine and later dies; and\nthe employer’s conduct causes the death of the coal mine worker; and\nthe employer is negligent about causing the death of the coal mine worker by the conduct.\nMaximum penalty—\nfor an individual—20 years imprisonment; or\nfor a body corporate—100,000 penalty units.\nSee section 261 in relation to imputing to a body corporate particular conduct of officers, employees or agents of the body corporate.\nAn offence against subsection (1) is a crime.\ns 48C ins 2020 No. 14 s 11\n(sec.48C-ssec.1) An employer for a coal mine commits an offence if— a coal mine worker— dies in the course of carrying out work at the coal mine; or is injured in the course of carrying out work at the coal mine and later dies; and the employer’s conduct causes the death of the coal mine worker; and the employer is negligent about causing the death of the coal mine worker by the conduct. Maximum penalty— for an individual—20 years imprisonment; or for a body corporate—100,000 penalty units. See section 261 in relation to imputing to a body corporate particular conduct of officers, employees or agents of the body corporate.\n(sec.48C-ssec.2) An offence against subsection (1) is a crime.\n- (a) a coal mine worker— (i) dies in the course of carrying out work at the coal mine; or (ii) is injured in the course of carrying out work at the coal mine and later dies; and\n- (i) dies in the course of carrying out work at the coal mine; or\n- (ii) is injured in the course of carrying out work at the coal mine and later dies; and\n- (b) the employer’s conduct causes the death of the coal mine worker; and\n- (c) the employer is negligent about causing the death of the coal mine worker by the conduct.\n- (i) dies in the course of carrying out work at the coal mine; or\n- (ii) is injured in the course of carrying out work at the coal mine and later dies; and\n- (a) for an individual—20 years imprisonment; or\n- (b) for a body corporate—100,000 penalty units.","sortOrder":69},{"sectionNumber":"sec.48D","sectionType":"section","heading":"Industrial manslaughter—senior officer","content":"### sec.48D Industrial manslaughter—senior officer\n\nA senior officer of an employer for a coal mine commits an offence if—\na coal mine worker—\ndies in the course of carrying out work at the coal mine; or\nis injured in the course of carrying out work at the coal mine and later dies; and\nthe senior officer’s conduct causes the death of the coal mine worker; and\nthe senior officer is negligent about causing the death of the coal mine worker by the conduct.\nMaximum penalty—20 years imprisonment.\nAn offence against subsection (1) is a crime.\ns 48D ins 2020 No. 14 s 11\n(sec.48D-ssec.1) A senior officer of an employer for a coal mine commits an offence if— a coal mine worker— dies in the course of carrying out work at the coal mine; or is injured in the course of carrying out work at the coal mine and later dies; and the senior officer’s conduct causes the death of the coal mine worker; and the senior officer is negligent about causing the death of the coal mine worker by the conduct. Maximum penalty—20 years imprisonment.\n(sec.48D-ssec.2) An offence against subsection (1) is a crime.\n- (a) a coal mine worker— (i) dies in the course of carrying out work at the coal mine; or (ii) is injured in the course of carrying out work at the coal mine and later dies; and\n- (i) dies in the course of carrying out work at the coal mine; or\n- (ii) is injured in the course of carrying out work at the coal mine and later dies; and\n- (b) the senior officer’s conduct causes the death of the coal mine worker; and\n- (c) the senior officer is negligent about causing the death of the coal mine worker by the conduct.\n- (i) dies in the course of carrying out work at the coal mine; or\n- (ii) is injured in the course of carrying out work at the coal mine and later dies; and","sortOrder":70},{"sectionNumber":"pt.4","sectionType":"part","heading":"Provisions about the operation of coal mines","content":"# Provisions about the operation of coal mines","sortOrder":71},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Notices about coal mines","content":"## Notices about coal mines","sortOrder":72},{"sectionNumber":"sec.49","sectionType":"section","heading":"Notices by holder","content":"### sec.49 Notices by holder\n\nBefore coal mining operations start at a coal mine or a separate part of a surface mine, the holder for the mine must give the inspector for the region in which the mine is situated notice of—\nthe name and address of the coal mine operator for the mine or part; and\nthe name of, and a description of the land (including its boundary) comprising, the mine or part; and\nthe date on which operations are to start at the mine or part.\nMaximum penalty—40 penalty units.\nSubsection (1) (b) and (c) do not apply to exploration activities under an exploration permit or mineral development licence.\nThe holder must not change the following for a coal mine without first giving the inspector for the region in which the mine is situated notice—\nthe coal mine operator;\nthe name of the mine.\nMaximum penalty for subsection (3) —40 penalty units.\ns 49 amd 2002 No. 25 s 6 ; 2024 No. 34 s 17\n(sec.49-ssec.1) Before coal mining operations start at a coal mine or a separate part of a surface mine, the holder for the mine must give the inspector for the region in which the mine is situated notice of— the name and address of the coal mine operator for the mine or part; and the name of, and a description of the land (including its boundary) comprising, the mine or part; and the date on which operations are to start at the mine or part. Maximum penalty—40 penalty units.\n(sec.49-ssec.2) Subsection (1) (b) and (c) do not apply to exploration activities under an exploration permit or mineral development licence.\n(sec.49-ssec.3) The holder must not change the following for a coal mine without first giving the inspector for the region in which the mine is situated notice— the coal mine operator; the name of the mine. Maximum penalty for subsection (3) —40 penalty units.\n- (a) the name and address of the coal mine operator for the mine or part; and\n- (b) the name of, and a description of the land (including its boundary) comprising, the mine or part; and\n- (c) the date on which operations are to start at the mine or part.\n- (a) the coal mine operator;\n- (b) the name of the mine.","sortOrder":73},{"sectionNumber":"sec.50","sectionType":"section","heading":"Notices by coal mine operator","content":"### sec.50 Notices by coal mine operator\n\nBefore coal mining operations start at a coal mine, the coal mine operator must give the inspector for the region in which the coal mine is situated notice of the name and address of the site senior executive for the mine.\nMaximum penalty—40 penalty units.\nAlso, the coal mine operator must, within 7 days after the appointment, give the inspector for the region notice of the following appointments including the name and address of the person appointed—\nthe appointment of a new site senior executive;\nan appointment under section 57 .\nMaximum penalty—40 penalty units.\nWhen land is added to or omitted from a coal mine, the coal mine operator must, within 1 month after the addition or omission, give to the inspector for the region in which the mine is situated written particulars of the land (including its boundary) added or omitted.\nMaximum penalty—40 penalty units.\nIf coal mining operations permanently stop at the coal mine, the coal mine operator must, within 28 days after the operations permanently stop, give the inspector for the region in which the coal mine is situated notice of the date on which the operations permanently stopped.\nMaximum penalty—100 penalty units.\ns 50 amd 2002 No. 25 s 7 ; 2024 No. 34 s 18\n(sec.50-ssec.1) Before coal mining operations start at a coal mine, the coal mine operator must give the inspector for the region in which the coal mine is situated notice of the name and address of the site senior executive for the mine. Maximum penalty—40 penalty units.\n(sec.50-ssec.2) Also, the coal mine operator must, within 7 days after the appointment, give the inspector for the region notice of the following appointments including the name and address of the person appointed— the appointment of a new site senior executive; an appointment under section 57 . Maximum penalty—40 penalty units.\n(sec.50-ssec.3) When land is added to or omitted from a coal mine, the coal mine operator must, within 1 month after the addition or omission, give to the inspector for the region in which the mine is situated written particulars of the land (including its boundary) added or omitted. Maximum penalty—40 penalty units.\n(sec.50-ssec.4) If coal mining operations permanently stop at the coal mine, the coal mine operator must, within 28 days after the operations permanently stop, give the inspector for the region in which the coal mine is situated notice of the date on which the operations permanently stopped. Maximum penalty—100 penalty units.\n- (a) the appointment of a new site senior executive;\n- (b) an appointment under section 57 .","sortOrder":74},{"sectionNumber":"sec.51","sectionType":"section","heading":"Notice of management structure","content":"### sec.51 Notice of management structure\n\nBefore coal mining operations start at a coal mine, the site senior executive must give a copy of the management structure the site senior executive must document under section 55 to the inspector for the region in which the mine is situated.\nMaximum penalty—40 penalty units.","sortOrder":75},{"sectionNumber":"sec.52","sectionType":"section","heading":"Notice about exploration activities","content":"### sec.52 Notice about exploration activities\n\nIf exploration activities are to be carried out on land under an exploration permit or mineral development licence, the coal mine operator must give the inspector for the region in which the land subject to the exploration permit or mineral development licence is situated notice of the nature of the intended activity and the planned start date and duration of the activity.\nMaximum penalty—40 penalty units.","sortOrder":76},{"sectionNumber":"sec.52A","sectionType":"section","heading":"Notice about underground gasification activities","content":"### sec.52A Notice about underground gasification activities\n\nThis section applies if the site senior executive for a coal mine gives the chief inspector notice that particular exploration activities at the coal mine under an exploration permit are underground gasification activities.\nThe chief inspector may by notice declare the activities to be underground gasification activities, with the agreement of the chief inspector, petroleum and gas.\nThe chief inspector must give the site senior executive a copy of the notice.\nIn this section—\nchief inspector, petroleum and gas means the chief inspector under the Petroleum and Gas (Production and Safety) Act 2004 .\ns 52A ins 2008 No. 33 s 41\n(sec.52A-ssec.1) This section applies if the site senior executive for a coal mine gives the chief inspector notice that particular exploration activities at the coal mine under an exploration permit are underground gasification activities.\n(sec.52A-ssec.2) The chief inspector may by notice declare the activities to be underground gasification activities, with the agreement of the chief inspector, petroleum and gas.\n(sec.52A-ssec.3) The chief inspector must give the site senior executive a copy of the notice.\n(sec.52A-ssec.4) In this section— chief inspector, petroleum and gas means the chief inspector under the Petroleum and Gas (Production and Safety) Act 2004 .","sortOrder":77},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Management of coal mines","content":"## Management of coal mines","sortOrder":78},{"sectionNumber":"sec.53","sectionType":"section","heading":"Appointment of coal mine operator","content":"### sec.53 Appointment of coal mine operator\n\nThe holder for a coal mine may, by written contract, appoint a person as the coal mine operator for the mine or, if the mine is or includes a separate part of a surface mine, the separate part.\nAn appointment of a person as coal mine operator for a part of a coal mine that is not a separate part of a surface mine is ineffective.\ns 53 amd 2022 No. 29 s 31 sch 1\n(sec.53-ssec.1) The holder for a coal mine may, by written contract, appoint a person as the coal mine operator for the mine or, if the mine is or includes a separate part of a surface mine, the separate part.\n(sec.53-ssec.2) An appointment of a person as coal mine operator for a part of a coal mine that is not a separate part of a surface mine is ineffective.","sortOrder":79},{"sectionNumber":"sec.54","sectionType":"section","heading":"Limitations on appointment of site senior executive","content":"### sec.54 Limitations on appointment of site senior executive\n\nA coal mine operator for a coal mine or for a separate part of a surface mine must not appoint more than 1 site senior executive for the mine or for the part for which the person is coal mine operator.\nMaximum penalty—500 penalty units.\nA coal mine operator must not appoint a person to be site senior executive for more than 1 coal mine.\nMaximum penalty—500 penalty units.\nHowever, a person may be appointed to be site senior executive for more than 1 coal mine if—\nthe mines are part of a mining project; or\nthe mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease; or\nthe mines are adjacent and on-site activities for winning coal are carried on at only 1 of the mines; or\nthe mines comprise mines forming part of a mining project and adjacent mines, and the adjacent mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease.\nA coal mine operator must not appoint a person to be site senior executive for a coal mine unless the person holds—\nfor an underground mine—\na site senior executive notice; and\nthe practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) ; or\nfor all or part of a surface mine—\na site senior executive notice; and\nthe practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) .\nMaximum penalty—500 penalty units.\nAlso, a coal mine operator must not appoint a person to be site senior executive for a coal mine or a separate part of a surface mine unless the person is an employee of—\nthe coal mine operator; or\nan associated entity of the coal mine operator; or\nan entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\nMaximum penalty—500 penalty units.\nHowever, subsection (5) does not apply if the only coal mining operations at the coal mine or the separate part of the surface mine are exploration activities under an exploration permit, mineral development licence or mining lease.\nIn this section—\nappoint includes employ and purport to appoint.\ns 54 amd 2002 No. 25 s 8 ; 2018 No. 28 s 15 ; 2020 No. 14 s 4 ; 2022 No. 29 s 4 ; 2024 No. 34 s 20\n(sec.54-ssec.1) A coal mine operator for a coal mine or for a separate part of a surface mine must not appoint more than 1 site senior executive for the mine or for the part for which the person is coal mine operator. Maximum penalty—500 penalty units.\n(sec.54-ssec.2) A coal mine operator must not appoint a person to be site senior executive for more than 1 coal mine. Maximum penalty—500 penalty units.\n(sec.54-ssec.3) However, a person may be appointed to be site senior executive for more than 1 coal mine if— the mines are part of a mining project; or the mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease; or the mines are adjacent and on-site activities for winning coal are carried on at only 1 of the mines; or the mines comprise mines forming part of a mining project and adjacent mines, and the adjacent mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease.\n(sec.54-ssec.4) A coal mine operator must not appoint a person to be site senior executive for a coal mine unless the person holds— for an underground mine— a site senior executive notice; and the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) ; or for all or part of a surface mine— a site senior executive notice; and the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) . Maximum penalty—500 penalty units.\n(sec.54-ssec.5) Also, a coal mine operator must not appoint a person to be site senior executive for a coal mine or a separate part of a surface mine unless the person is an employee of— the coal mine operator; or an associated entity of the coal mine operator; or an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine. Maximum penalty—500 penalty units.\n(sec.54-ssec.6) However, subsection (5) does not apply if the only coal mining operations at the coal mine or the separate part of the surface mine are exploration activities under an exploration permit, mineral development licence or mining lease.\n(sec.54-ssec.7) In this section— appoint includes employ and purport to appoint.\n- (a) the mines are part of a mining project; or\n- (b) the mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease; or\n- (c) the mines are adjacent and on-site activities for winning coal are carried on at only 1 of the mines; or\n- (d) the mines comprise mines forming part of a mining project and adjacent mines, and the adjacent mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease.\n- (a) for an underground mine— (i) a site senior executive notice; and (ii) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) ; or\n- (i) a site senior executive notice; and\n- (ii) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) ; or\n- (b) for all or part of a surface mine— (i) a site senior executive notice; and (ii) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) .\n- (i) a site senior executive notice; and\n- (ii) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) .\n- (i) a site senior executive notice; and\n- (ii) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) ; or\n- (i) a site senior executive notice; and\n- (ii) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i) .\n- (a) the coal mine operator; or\n- (b) an associated entity of the coal mine operator; or\n- (c) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.","sortOrder":80},{"sectionNumber":"sec.55","sectionType":"section","heading":"Management structure for safe operations at coal mines","content":"### sec.55 Management structure for safe operations at coal mines\n\nThe site senior executive for a coal mine must—\ndevelop and maintain a management structure for the coal mine in a way that allows development and implementation of the safety and health management system; and\ndocument the management structure.\nMaximum penalty—40 penalty units.\nThe document must state—\nthe responsibilities of the site senior executive; and\nthe responsibilities and competencies required for senior positions in the structure; and\nthe names of the persons holding the senior positions and their competencies; and\nthe name of the person who is responsible for establishing and implementing a system for managing contractors at the coal mine; and\nthe competencies required, and the responsibilities, for each other supervisory position at the mine.\nMaximum penalty—40 penalty units.\nFor subsection (2) (b) , an inspector may by notice given to the site senior executive declare a position to be a senior position.\nFor each supervisory position mentioned in subsection (2) (e) , the site senior executive must also keep a record of the names and competencies of each person authorised to carry out the responsibilities of the position.\ns 55 amd 2002 No. 25 s 9 ; 2018 No. 28 s 16 ; 2024 No. 34 s 21\n(sec.55-ssec.1) The site senior executive for a coal mine must— develop and maintain a management structure for the coal mine in a way that allows development and implementation of the safety and health management system; and document the management structure. Maximum penalty—40 penalty units.\n(sec.55-ssec.2) The document must state— the responsibilities of the site senior executive; and the responsibilities and competencies required for senior positions in the structure; and the names of the persons holding the senior positions and their competencies; and the name of the person who is responsible for establishing and implementing a system for managing contractors at the coal mine; and the competencies required, and the responsibilities, for each other supervisory position at the mine. Maximum penalty—40 penalty units.\n(sec.55-ssec.3) For subsection (2) (b) , an inspector may by notice given to the site senior executive declare a position to be a senior position.\n(sec.55-ssec.4) For each supervisory position mentioned in subsection (2) (e) , the site senior executive must also keep a record of the names and competencies of each person authorised to carry out the responsibilities of the position.\n- (a) develop and maintain a management structure for the coal mine in a way that allows development and implementation of the safety and health management system; and\n- (b) document the management structure.\n- (a) the responsibilities of the site senior executive; and\n- (b) the responsibilities and competencies required for senior positions in the structure; and\n- (c) the names of the persons holding the senior positions and their competencies; and\n- (d) the name of the person who is responsible for establishing and implementing a system for managing contractors at the coal mine; and\n- (e) the competencies required, and the responsibilities, for each other supervisory position at the mine.","sortOrder":81},{"sectionNumber":"sec.56","sectionType":"section","heading":"Appointment of supervisors","content":"### sec.56 Appointment of supervisors\n\nA site senior executive for a coal mine must appoint 1 or more persons to be a supervisor at the mine.\nThe site senior executive must not appoint a person under subsection (1) unless the person—\nis competent to be a supervisor; and\nif there is a safety and health competency for supervisors recognised by the committee—has the relevant competency.\nMaximum penalty—100 penalty units.\ns 56 amd 2010 No. 17 s 17 sch\nsub 2024 No. 34 s 22\n(sec.56-ssec.1) A site senior executive for a coal mine must appoint 1 or more persons to be a supervisor at the mine.\n(sec.56-ssec.2) The site senior executive must not appoint a person under subsection (1) unless the person— is competent to be a supervisor; and if there is a safety and health competency for supervisors recognised by the committee—has the relevant competency. Maximum penalty—100 penalty units.\n- (a) is competent to be a supervisor; and\n- (b) if there is a safety and health competency for supervisors recognised by the committee—has the relevant competency.","sortOrder":82},{"sectionNumber":"sec.57","sectionType":"section","heading":"Acting site senior executive","content":"### sec.57 Acting site senior executive\n\nThis section applies if the person appointed as site senior executive for a coal mine or a separate part of a surface mine (the appointed SSE )—\nvacates office; or\nis temporarily absent from duty for more than 14 days.\nIf subsection (1) (a) applies, the coal mine operator for the coal mine or the separate part of the surface mine may appoint a person to act as site senior executive during the vacancy.\nIf subsection (1) (b) applies, the coal mine operator for the coal mine or the separate part of the surface mine must appoint a person to act as site senior executive during the absence.\nMaximum penalty—100 penalty units.\nA coal mine operator must not appoint a person to act as site senior executive for a coal mine or a separate part of a surface mine under subsection (2) or (3) unless the person holds—\na site senior executive notice; and\nthe practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\nMaximum penalty—500 penalty units.\nThe coal mine operator must make an appointment under subsection (2) or (3) —\nin writing; and\nas soon as practicable and no later than 14 days after the day the appointed SSE vacates office or is first absent from duty.\nMaximum penalty—100 penalty units.\nThe coal mine operator must ensure a person appointed under subsection (2) or (3) acts as the site senior executive for a period of not more than 12 weeks starting on the day the appointed SSE—\nvacated office; or\nwas first temporarily absent from duty.\nMaximum penalty—500 penalty units.\nHowever, subsection (6) does not apply if the person appointed under subsection (2) or (3) is an employee of—\nthe coal mine operator; or\nan associated entity of the coal mine operator; or\nan entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\nAlso, subsection (6) does not apply if the only coal mining activities at the coal mine or the separate part of the surface mine for which the person is appointed are exploration activities under an exploration permit, mineral development licence or mining lease.\nThe person acting as site senior executive is subject to all of the obligations of a site senior executive.\nThe coal mine operator is taken to discharge the obligation mentioned in section 41 (1) (d) for the period of an appointment under subsection (2) .\ns 57 amd 2020 No. 14 s 5\nsub 2022 No. 29 s 5\namd 2024 No. 34 s 23\n(sec.57-ssec.1) This section applies if the person appointed as site senior executive for a coal mine or a separate part of a surface mine (the appointed SSE )— vacates office; or is temporarily absent from duty for more than 14 days.\n(sec.57-ssec.2) If subsection (1) (a) applies, the coal mine operator for the coal mine or the separate part of the surface mine may appoint a person to act as site senior executive during the vacancy.\n(sec.57-ssec.3) If subsection (1) (b) applies, the coal mine operator for the coal mine or the separate part of the surface mine must appoint a person to act as site senior executive during the absence. Maximum penalty—100 penalty units.\n(sec.57-ssec.4) A coal mine operator must not appoint a person to act as site senior executive for a coal mine or a separate part of a surface mine under subsection (2) or (3) unless the person holds— a site senior executive notice; and the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) . Maximum penalty—500 penalty units.\n(sec.57-ssec.5) The coal mine operator must make an appointment under subsection (2) or (3) — in writing; and as soon as practicable and no later than 14 days after the day the appointed SSE vacates office or is first absent from duty. Maximum penalty—100 penalty units.\n(sec.57-ssec.6) The coal mine operator must ensure a person appointed under subsection (2) or (3) acts as the site senior executive for a period of not more than 12 weeks starting on the day the appointed SSE— vacated office; or was first temporarily absent from duty. Maximum penalty—500 penalty units.\n(sec.57-ssec.7) However, subsection (6) does not apply if the person appointed under subsection (2) or (3) is an employee of— the coal mine operator; or an associated entity of the coal mine operator; or an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\n(sec.57-ssec.8) Also, subsection (6) does not apply if the only coal mining activities at the coal mine or the separate part of the surface mine for which the person is appointed are exploration activities under an exploration permit, mineral development licence or mining lease.\n(sec.57-ssec.9) The person acting as site senior executive is subject to all of the obligations of a site senior executive.\n(sec.57-ssec.10) The coal mine operator is taken to discharge the obligation mentioned in section 41 (1) (d) for the period of an appointment under subsection (2) .\n- (a) vacates office; or\n- (b) is temporarily absent from duty for more than 14 days.\n- (a) a site senior executive notice; and\n- (b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\n- (a) in writing; and\n- (b) as soon as practicable and no later than 14 days after the day the appointed SSE vacates office or is first absent from duty.\n- (a) vacated office; or\n- (b) was first temporarily absent from duty.\n- (a) the coal mine operator; or\n- (b) an associated entity of the coal mine operator; or\n- (c) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.","sortOrder":83},{"sectionNumber":"sec.58","sectionType":"section","heading":"Other appointments during absences","content":"### sec.58 Other appointments during absences\n\nThis section applies if a person—\nis mentioned in the management structure for a coal mine documented under section 55 ; and\nactively supervises coal mine workers where there is a risk to the workers; and\nis temporarily absent from duty.\nThe site senior executive for the coal mine must appoint another competent person to perform the person’s duties while the person is absent.\nMaximum penalty—40 penalty units.\nThis section does not apply if the person is—\nthe site senior executive for a coal mine or a separate part of a surface mine; or\nan open-cut examiner appointed under section 59 (1) ; or\nany other person appointed under subdivision 2 ; or\na person appointed under section 60 (2) , (4) , (8) , (9) , (10) or (11) ; or\na ventilation officer appointed under section 61 .\ns 58 amd 2022 No. 29 s 6 ; 2024 No. 34 s 24\n(sec.58-ssec.1) This section applies if a person— is mentioned in the management structure for a coal mine documented under section 55 ; and actively supervises coal mine workers where there is a risk to the workers; and is temporarily absent from duty.\n(sec.58-ssec.2) The site senior executive for the coal mine must appoint another competent person to perform the person’s duties while the person is absent. Maximum penalty—40 penalty units.\n(sec.58-ssec.3) This section does not apply if the person is— the site senior executive for a coal mine or a separate part of a surface mine; or an open-cut examiner appointed under section 59 (1) ; or any other person appointed under subdivision 2 ; or a person appointed under section 60 (2) , (4) , (8) , (9) , (10) or (11) ; or a ventilation officer appointed under section 61 .\n- (a) is mentioned in the management structure for a coal mine documented under section 55 ; and\n- (b) actively supervises coal mine workers where there is a risk to the workers; and\n- (c) is temporarily absent from duty.\n- (a) the site senior executive for a coal mine or a separate part of a surface mine; or\n- (b) an open-cut examiner appointed under section 59 (1) ; or\n- (c) any other person appointed under subdivision 2 ; or\n- (d) a person appointed under section 60 (2) , (4) , (8) , (9) , (10) or (11) ; or\n- (e) a ventilation officer appointed under section 61 .","sortOrder":84},{"sectionNumber":"sec.58A","sectionType":"section","heading":"Additional requirements for management of surface mines","content":"### sec.58A Additional requirements for management of surface mines\n\nThis section applies to a surface mine or a separate part of a surface mine (each the mine ).\nHowever, this section does not apply to the mine if the only activities at the mine are—\nexploration activities under an exploration permit, mineral development licence or mining lease; or\nrehabilitation after coal mining operations.\nThe site senior executive must appoint a person to be surface mine manager for the mine to control and manage the mine.\nMaximum penalty—400 penalty units.\nDespite subsection (3) , the site senior executive may be appointed surface mine manager for the mine but only by the coal mine operator for the mine.\nThe site senior executive or coal mine operator must not appoint a person as surface mine manager for the mine unless the person holds both of the following board qualifications—\na surface mine manager’s certificate of competency;\nthe practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\nMaximum penalty—400 penalty units.\nThe site senior executive or coal mine operator may appoint a person as surface mine manager for more than 1 mine at the same time only with the written approval of the chief inspector.\nMaximum penalty—200 penalty units.\nThe site senior executive or coal mine operator may appoint more than 1 person as the surface mine manager for the mine to assume the duties of the manager at different times.\nA person must not give a direction to the surface mine manager for the mine about a technical matter in relation to the mine unless the person holds both of the following board qualifications—\na surface mine manager’s certificate of competency;\nthe practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\nMaximum penalty—200 penalty units.\nA person must not give a direction to the surface mine manager for the mine that may adversely affect safety and health at the mine.\nMaximum penalty—200 penalty units.\nThe surface mine manager for the mine must appoint a person, holding both of the following board qualifications, as electrical engineering manager to control and manage the electrical engineering activities of the mine—\nan electrical engineering manager’s certificate of competency for a surface mine;\nthe practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\nMaximum penalty—200 penalty units.\nThe surface mine manager for the mine must appoint a person, holding both of the following board qualifications, as mechanical engineering manager to control and manage the mechanical engineering activities of the mine—\na mechanical engineering manager’s certificate of competency for a surface mine;\nthe practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\nMaximum penalty—200 penalty units.\nThe surface mine manager for the mine may appoint more than 1 person as the electrical engineering manager under subsection (10) , or the mechanical engineering manager under subsection (11) , to assume the duties of the manager at different times.\nThe coal mine operator for the mine must ensure that a site senior executive required to appoint a person under subsection (3) , or a surface mine manager required to appoint a person under subsection (10) or (11) , appoints a person under the subsection only if the person is an employee of—\nfor an appointment under subsection (3) —\nthe coal mine operator; or\nan associated entity of the coal mine operator; or\nan entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or\nfor an appointment under subsection (10) or (11) —\nthe coal mine operator; or\nan entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\nMaximum penalty—500 penalty units.\ns 58A ins 2024 No. 34 s 25\n(sec.58A-ssec.1) This section applies to a surface mine or a separate part of a surface mine (each the mine ).\n(sec.58A-ssec.2) However, this section does not apply to the mine if the only activities at the mine are— exploration activities under an exploration permit, mineral development licence or mining lease; or rehabilitation after coal mining operations.\n(sec.58A-ssec.3) The site senior executive must appoint a person to be surface mine manager for the mine to control and manage the mine. Maximum penalty—400 penalty units.\n(sec.58A-ssec.4) Despite subsection (3) , the site senior executive may be appointed surface mine manager for the mine but only by the coal mine operator for the mine.\n(sec.58A-ssec.5) The site senior executive or coal mine operator must not appoint a person as surface mine manager for the mine unless the person holds both of the following board qualifications— a surface mine manager’s certificate of competency; the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) . Maximum penalty—400 penalty units.\n(sec.58A-ssec.6) The site senior executive or coal mine operator may appoint a person as surface mine manager for more than 1 mine at the same time only with the written approval of the chief inspector. Maximum penalty—200 penalty units.\n(sec.58A-ssec.7) The site senior executive or coal mine operator may appoint more than 1 person as the surface mine manager for the mine to assume the duties of the manager at different times.\n(sec.58A-ssec.8) A person must not give a direction to the surface mine manager for the mine about a technical matter in relation to the mine unless the person holds both of the following board qualifications— a surface mine manager’s certificate of competency; the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) . Maximum penalty—200 penalty units.\n(sec.58A-ssec.9) A person must not give a direction to the surface mine manager for the mine that may adversely affect safety and health at the mine. Maximum penalty—200 penalty units.\n(sec.58A-ssec.10) The surface mine manager for the mine must appoint a person, holding both of the following board qualifications, as electrical engineering manager to control and manage the electrical engineering activities of the mine— an electrical engineering manager’s certificate of competency for a surface mine; the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) . Maximum penalty—200 penalty units.\n(sec.58A-ssec.11) The surface mine manager for the mine must appoint a person, holding both of the following board qualifications, as mechanical engineering manager to control and manage the mechanical engineering activities of the mine— a mechanical engineering manager’s certificate of competency for a surface mine; the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) . Maximum penalty—200 penalty units.\n(sec.58A-ssec.12) The surface mine manager for the mine may appoint more than 1 person as the electrical engineering manager under subsection (10) , or the mechanical engineering manager under subsection (11) , to assume the duties of the manager at different times.\n(sec.58A-ssec.13) The coal mine operator for the mine must ensure that a site senior executive required to appoint a person under subsection (3) , or a surface mine manager required to appoint a person under subsection (10) or (11) , appoints a person under the subsection only if the person is an employee of— for an appointment under subsection (3) — the coal mine operator; or an associated entity of the coal mine operator; or an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or for an appointment under subsection (10) or (11) — the coal mine operator; or an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine. Maximum penalty—500 penalty units.\n- (a) exploration activities under an exploration permit, mineral development licence or mining lease; or\n- (b) rehabilitation after coal mining operations.\n- (a) a surface mine manager’s certificate of competency;\n- (b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\n- (a) a surface mine manager’s certificate of competency;\n- (b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\n- (a) an electrical engineering manager’s certificate of competency for a surface mine;\n- (b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\n- (a) a mechanical engineering manager’s certificate of competency for a surface mine;\n- (b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\n- (a) for an appointment under subsection (3) — (i) the coal mine operator; or (ii) an associated entity of the coal mine operator; or (iii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or\n- (i) the coal mine operator; or\n- (ii) an associated entity of the coal mine operator; or\n- (iii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or\n- (b) for an appointment under subsection (10) or (11) — (i) the coal mine operator; or (ii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\n- (i) the coal mine operator; or\n- (ii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\n- (i) the coal mine operator; or\n- (ii) an associated entity of the coal mine operator; or\n- (iii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or\n- (i) the coal mine operator; or\n- (ii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.","sortOrder":85},{"sectionNumber":"sec.58B","sectionType":"section","heading":"Acting managers of surface mines","content":"### sec.58B Acting managers of surface mines\n\nThis section applies if—\na person (the appointer ) has appointed another person (the appointee ) under section 58A (3) , (10) or (11) ; and\nthe appointee—\nvacates office; or\nis temporarily absent from duty.\nIf subsection (1) (b) (i) applies, the appointer may appoint a person to act in the office of the appointee during the vacancy.\nIf subsection (1) (b) (ii) applies, the appointer must appoint a person to act in the office of the appointee during the absence.\nMaximum penalty—40 penalty units.\nThe coal mine operator for the mine must ensure a person appointed under subsection (2) or (3) acts in the office of the appointee for a period of not more than 12 weeks starting on the day the appointee—\nvacated office; or\nwas first temporarily absent from duty.\nMaximum penalty—500 penalty units.\nHowever, subsection (4) does not apply if the person appointed under subsection (2) or (3) is an employee of—\nfor an appointment to act in an office under section 58A (3) —\nthe coal mine operator for the mine; or\nan associated entity of the coal mine operator; or\nan entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or\nfor an appointment to act in an office under section 58A (10) or (11) —\nthe coal mine operator for the mine; or\nan entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\nThe coal mine operator for the mine must ensure a person appointed under subsection (2) or (3) meets the competency requirement for the appointment.\nMaximum penalty—\nfor an appointment to act in an office under section 58A (3) —400 penalty units; or\nfor an appointment to act in an office under section 58A (10) or (11) —200 penalty units.\nThe appointer is taken to comply with the requirement to appoint a person to the office under section 58A (3) , (10) or (11) for the period of an appointment under subsection (2) or (3) .\nIn this section—\ncompetency requirement , for an appointment under subsection (2) or (3) , means—\nfor an appointment to act in an office under section 58A (3) —holding both of the board qualifications mentioned in section 58A (5) ; or\nfor an appointment to act in an office under section 58A (10) —holding both of the board qualifications mentioned in section 58A (10) ; or\nfor an appointment to act in an office under section 58A (11) —holding both of the board qualifications mentioned in section 58A (11) .\ns 58B ins 2024 No. 34 s 25\n(sec.58B-ssec.1) This section applies if— a person (the appointer ) has appointed another person (the appointee ) under section 58A (3) , (10) or (11) ; and the appointee— vacates office; or is temporarily absent from duty.\n(sec.58B-ssec.2) If subsection (1) (b) (i) applies, the appointer may appoint a person to act in the office of the appointee during the vacancy.\n(sec.58B-ssec.3) If subsection (1) (b) (ii) applies, the appointer must appoint a person to act in the office of the appointee during the absence. Maximum penalty—40 penalty units.\n(sec.58B-ssec.4) The coal mine operator for the mine must ensure a person appointed under subsection (2) or (3) acts in the office of the appointee for a period of not more than 12 weeks starting on the day the appointee— vacated office; or was first temporarily absent from duty. Maximum penalty—500 penalty units.\n(sec.58B-ssec.5) However, subsection (4) does not apply if the person appointed under subsection (2) or (3) is an employee of— for an appointment to act in an office under section 58A (3) — the coal mine operator for the mine; or an associated entity of the coal mine operator; or an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or for an appointment to act in an office under section 58A (10) or (11) — the coal mine operator for the mine; or an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\n(sec.58B-ssec.6) The coal mine operator for the mine must ensure a person appointed under subsection (2) or (3) meets the competency requirement for the appointment. Maximum penalty— for an appointment to act in an office under section 58A (3) —400 penalty units; or for an appointment to act in an office under section 58A (10) or (11) —200 penalty units.\n(sec.58B-ssec.7) The appointer is taken to comply with the requirement to appoint a person to the office under section 58A (3) , (10) or (11) for the period of an appointment under subsection (2) or (3) .\n(sec.58B-ssec.8) In this section— competency requirement , for an appointment under subsection (2) or (3) , means— for an appointment to act in an office under section 58A (3) —holding both of the board qualifications mentioned in section 58A (5) ; or for an appointment to act in an office under section 58A (10) —holding both of the board qualifications mentioned in section 58A (10) ; or for an appointment to act in an office under section 58A (11) —holding both of the board qualifications mentioned in section 58A (11) .\n- (a) a person (the appointer ) has appointed another person (the appointee ) under section 58A (3) , (10) or (11) ; and\n- (b) the appointee— (i) vacates office; or (ii) is temporarily absent from duty.\n- (i) vacates office; or\n- (ii) is temporarily absent from duty.\n- (i) vacates office; or\n- (ii) is temporarily absent from duty.\n- (a) vacated office; or\n- (b) was first temporarily absent from duty.\n- (a) for an appointment to act in an office under section 58A (3) — (i) the coal mine operator for the mine; or (ii) an associated entity of the coal mine operator; or (iii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or\n- (i) the coal mine operator for the mine; or\n- (ii) an associated entity of the coal mine operator; or\n- (iii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or\n- (b) for an appointment to act in an office under section 58A (10) or (11) — (i) the coal mine operator for the mine; or (ii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\n- (i) the coal mine operator for the mine; or\n- (ii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\n- (i) the coal mine operator for the mine; or\n- (ii) an associated entity of the coal mine operator; or\n- (iii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or\n- (i) the coal mine operator for the mine; or\n- (ii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\n- (a) for an appointment to act in an office under section 58A (3) —400 penalty units; or\n- (b) for an appointment to act in an office under section 58A (10) or (11) —200 penalty units.\n- (a) for an appointment to act in an office under section 58A (3) —holding both of the board qualifications mentioned in section 58A (5) ; or\n- (b) for an appointment to act in an office under section 58A (10) —holding both of the board qualifications mentioned in section 58A (10) ; or\n- (c) for an appointment to act in an office under section 58A (11) —holding both of the board qualifications mentioned in section 58A (11) .","sortOrder":86},{"sectionNumber":"sec.59","sectionType":"section","heading":"Appointment of open-cut examiner","content":"### sec.59 Appointment of open-cut examiner\n\nThe site senior executive for a surface mine or a separate part of a surface mine must appoint a person holding both of the following board qualifications to be open-cut examiner for each surface mine excavation carried out at the mine or part of the mine—\nan open-cut examiner’s certificate of competency;\nthe practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\nMaximum penalty—200 penalty units.\nThe coal mine operator for the surface mine or the separate part of the surface mine must ensure a person appointed by the site senior executive under subsection (1) is an employee of—\nthe coal mine operator; or\nan entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\nMaximum penalty—500 penalty units.\ns 59 amd 2020 No. 14 s 6\nsub 2022 No. 29 s 7\namd 2024 No. 34 s 26 (1)\n(sec.59-ssec.1) The site senior executive for a surface mine or a separate part of a surface mine must appoint a person holding both of the following board qualifications to be open-cut examiner for each surface mine excavation carried out at the mine or part of the mine— an open-cut examiner’s certificate of competency; the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) . Maximum penalty—200 penalty units.\n(sec.59-ssec.2) The coal mine operator for the surface mine or the separate part of the surface mine must ensure a person appointed by the site senior executive under subsection (1) is an employee of— the coal mine operator; or an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine. Maximum penalty—500 penalty units.\n- (a) an open-cut examiner’s certificate of competency;\n- (b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\n- (a) the coal mine operator; or\n- (b) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.","sortOrder":87},{"sectionNumber":"sec.59A","sectionType":"section","heading":"Acting open-cut examiner","content":"### sec.59A Acting open-cut examiner\n\nThis section applies if an open-cut examiner appointed under section 59 (1) —\nvacates office; or\nis temporarily absent from duty.\nIf subsection (1) (a) applies, the site senior executive for the surface mine or the separate part of the surface mine may appoint a person to act as open-cut examiner for the surface mine excavations mentioned in section 59 (1) during the vacancy.\nIf subsection (1) (b) applies, the site senior executive for the surface mine or the separate part of the surface mine must appoint a person to act as open-cut examiner for the surface mine excavations mentioned in section 59 (1) during the absence.\nMaximum penalty—40 penalty units.\nThe coal mine operator for the surface mine or the separate part of the surface mine must ensure a person appointed by the site senior executive under subsection (2) or (3) acts as open-cut examiner for a period of not more than 12 weeks starting on the day the open-cut examiner appointed under section 59 (1) —\nvacated office; or\nwas first temporarily absent from duty.\nMaximum penalty—500 penalty units.\nHowever, subsection (4) does not apply if the person appointed under subsection (2) or (3) is an employee of—\nthe coal mine operator; or\nan entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\nThe coal mine operator for the surface mine or the separate part of the surface mine must ensure a person appointed under subsection (2) or (3) holds both of the following board qualifications—\nan open-cut examiner’s certificate of competency;\nthe practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\nMaximum penalty—200 penalty units.\nThe site senior executive is taken to comply with section 59 (1) for the period of an appointment under subsection (2) .\ns 59A ins 2022 No. 29 s 7\namd 2024 No. 34 s 27 (2) – (3)\n(sec.59A-ssec.1) This section applies if an open-cut examiner appointed under section 59 (1) — vacates office; or is temporarily absent from duty.\n(sec.59A-ssec.2) If subsection (1) (a) applies, the site senior executive for the surface mine or the separate part of the surface mine may appoint a person to act as open-cut examiner for the surface mine excavations mentioned in section 59 (1) during the vacancy.\n(sec.59A-ssec.3) If subsection (1) (b) applies, the site senior executive for the surface mine or the separate part of the surface mine must appoint a person to act as open-cut examiner for the surface mine excavations mentioned in section 59 (1) during the absence. Maximum penalty—40 penalty units.\n(sec.59A-ssec.4) The coal mine operator for the surface mine or the separate part of the surface mine must ensure a person appointed by the site senior executive under subsection (2) or (3) acts as open-cut examiner for a period of not more than 12 weeks starting on the day the open-cut examiner appointed under section 59 (1) — vacated office; or was first temporarily absent from duty. Maximum penalty—500 penalty units.\n(sec.59A-ssec.5) However, subsection (4) does not apply if the person appointed under subsection (2) or (3) is an employee of— the coal mine operator; or an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\n(sec.59A-ssec.6) The coal mine operator for the surface mine or the separate part of the surface mine must ensure a person appointed under subsection (2) or (3) holds both of the following board qualifications— an open-cut examiner’s certificate of competency; the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) . Maximum penalty—200 penalty units.\n(sec.59A-ssec.7) The site senior executive is taken to comply with section 59 (1) for the period of an appointment under subsection (2) .\n- (a) vacates office; or\n- (b) is temporarily absent from duty.\n- (a) vacated office; or\n- (b) was first temporarily absent from duty.\n- (a) the coal mine operator; or\n- (b) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\n- (a) an open-cut examiner’s certificate of competency;\n- (b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .","sortOrder":88},{"sectionNumber":"sec.60","sectionType":"section","heading":"Additional requirements for management of underground mines","content":"### sec.60 Additional requirements for management of underground mines\n\nThis section applies to an underground mine.\nThe site senior executive must appoint a person to be underground mine manager to control and manage the mine.\nMaximum penalty—400 penalty units.\nHowever, the site senior executive may be appointed underground mine manager by the coal mine operator for the mine.\nThe site senior executive must appoint an alternate underground mine manager if the mine is to be managed in accordance with a commute system.\nMaximum penalty—400 penalty units.\nThe coal mine operator or site senior executive must not appoint a person as an underground mine manager unless the person has both of the following board qualifications—\na first class certificate of competency for an underground mine;\nthe practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\nMaximum penalty—400 penalty units.\nA person must not give a direction to the underground mine manager about a technical matter in relation to the underground mine unless the person giving the direction is the holder of a first class certificate of competency for an underground coal mine.\nMaximum penalty—200 penalty units.\nA person must not give a direction to the underground mine manager that may adversely affect safety and health at the underground mine.\nMaximum penalty—200 penalty units.\nThe underground mine manager must appoint a person holding both of the following board qualifications to be responsible for the control and management of underground activities when the manager is not in attendance at the mine—\na first or second class certificate of competency or a deputy’s certificate of competency for an underground mine;\nthe practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\nMaximum penalty—200 penalty units.\nThe underground mine manager must appoint a person holding both of the following board qualifications to have control of activities in 1 or more explosion risk zones—\na first or second class certificate of competency or a deputy’s certificate of competency for an underground mine;\nthe practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\nMaximum penalty—200 penalty units.\nThe underground mine manager must appoint a person, holding both of the following board qualifications, as electrical engineering manager to control and manage the electrical engineering activities of the mine—\nan electrical engineering manager’s certificate of competency for an underground mine;\nthe practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\nMaximum penalty—200 penalty units.\nThe underground mine manager must appoint a person, holding both of the following board qualifications, as mechanical engineering manager to control and manage the mechanical engineering activities of the mine—\na mechanical engineering manager’s certificate of competency for an underground mine;\nthe practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\nMaximum penalty—200 penalty units.\nThe underground mine manager may appoint more than 1 person as the electrical engineering manager under subsection (10) , or the mechanical engineering manager under subsection (11) , to assume the duties of the manager at different times.\nA coal mine operator or site senior executive may appoint a person as underground mine manager for more than 1 mine at the same time only with the written approval of the chief inspector.\nMaximum penalty—200 penalty units.\nThe coal mine operator for the underground mine must ensure that a site senior executive required to appoint a person under subsection (2) or (4) , or an underground mine manager required to appoint a person under subsection (8) , (9) , (10) or (11) , appoints a person under the subsection only if the person is an employee of—\nfor an appointment under subsection (2) , (4) or (8) —\nthe coal mine operator; or\nan associated entity of the coal mine operator; or\nan entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or\nfor an appointment under subsection (9) , (10) or (11) —\nthe coal mine operator; or\nan entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\nMaximum penalty—500 penalty units.\ns 60 amd 2020 No. 14 s 7 ; 2022 No. 29 s 8 ; 2024 No. 34 s 29 (1) – (2) , (4) – (5)\n(sec.60-ssec.1) This section applies to an underground mine.\n(sec.60-ssec.2) The site senior executive must appoint a person to be underground mine manager to control and manage the mine. Maximum penalty—400 penalty units.\n(sec.60-ssec.3) However, the site senior executive may be appointed underground mine manager by the coal mine operator for the mine.\n(sec.60-ssec.4) The site senior executive must appoint an alternate underground mine manager if the mine is to be managed in accordance with a commute system. Maximum penalty—400 penalty units.\n(sec.60-ssec.5) The coal mine operator or site senior executive must not appoint a person as an underground mine manager unless the person has both of the following board qualifications— a first class certificate of competency for an underground mine; the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) . Maximum penalty—400 penalty units.\n(sec.60-ssec.6) A person must not give a direction to the underground mine manager about a technical matter in relation to the underground mine unless the person giving the direction is the holder of a first class certificate of competency for an underground coal mine. Maximum penalty—200 penalty units.\n(sec.60-ssec.7) A person must not give a direction to the underground mine manager that may adversely affect safety and health at the underground mine. Maximum penalty—200 penalty units.\n(sec.60-ssec.8) The underground mine manager must appoint a person holding both of the following board qualifications to be responsible for the control and management of underground activities when the manager is not in attendance at the mine— a first or second class certificate of competency or a deputy’s certificate of competency for an underground mine; the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) . Maximum penalty—200 penalty units.\n(sec.60-ssec.9) The underground mine manager must appoint a person holding both of the following board qualifications to have control of activities in 1 or more explosion risk zones— a first or second class certificate of competency or a deputy’s certificate of competency for an underground mine; the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) . Maximum penalty—200 penalty units.\n(sec.60-ssec.10) The underground mine manager must appoint a person, holding both of the following board qualifications, as electrical engineering manager to control and manage the electrical engineering activities of the mine— an electrical engineering manager’s certificate of competency for an underground mine; the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) . Maximum penalty—200 penalty units.\n(sec.60-ssec.11) The underground mine manager must appoint a person, holding both of the following board qualifications, as mechanical engineering manager to control and manage the mechanical engineering activities of the mine— a mechanical engineering manager’s certificate of competency for an underground mine; the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) . Maximum penalty—200 penalty units.\n(sec.60-ssec.12) The underground mine manager may appoint more than 1 person as the electrical engineering manager under subsection (10) , or the mechanical engineering manager under subsection (11) , to assume the duties of the manager at different times.\n(sec.60-ssec.13) A coal mine operator or site senior executive may appoint a person as underground mine manager for more than 1 mine at the same time only with the written approval of the chief inspector. Maximum penalty—200 penalty units.\n(sec.60-ssec.14) The coal mine operator for the underground mine must ensure that a site senior executive required to appoint a person under subsection (2) or (4) , or an underground mine manager required to appoint a person under subsection (8) , (9) , (10) or (11) , appoints a person under the subsection only if the person is an employee of— for an appointment under subsection (2) , (4) or (8) — the coal mine operator; or an associated entity of the coal mine operator; or an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or for an appointment under subsection (9) , (10) or (11) — the coal mine operator; or an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine. Maximum penalty—500 penalty units.\n- (a) a first class certificate of competency for an underground mine;\n- (b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\n- (a) a first or second class certificate of competency or a deputy’s certificate of competency for an underground mine;\n- (b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\n- (a) a first or second class certificate of competency or a deputy’s certificate of competency for an underground mine;\n- (b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\n- (a) an electrical engineering manager’s certificate of competency for an underground mine;\n- (b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\n- (a) a mechanical engineering manager’s certificate of competency for an underground mine;\n- (b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\n- (a) for an appointment under subsection (2) , (4) or (8) — (i) the coal mine operator; or (ii) an associated entity of the coal mine operator; or (iii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or\n- (i) the coal mine operator; or\n- (ii) an associated entity of the coal mine operator; or\n- (iii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or\n- (b) for an appointment under subsection (9) , (10) or (11) — (i) the coal mine operator; or (ii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\n- (i) the coal mine operator; or\n- (ii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\n- (i) the coal mine operator; or\n- (ii) an associated entity of the coal mine operator; or\n- (iii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or\n- (i) the coal mine operator; or\n- (ii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.","sortOrder":89},{"sectionNumber":"sec.60A","sectionType":"section","heading":"Acting managers of underground mines","content":"### sec.60A Acting managers of underground mines\n\nThis section applies if—\na person (the appointer ) has appointed another person (the appointee ) under section 60 (2) , (4) , (8) , (9) , (10) or (11) ; and\nthe appointee—\nvacates office; or\nis temporarily absent from duty.\nIf subsection (1) (b) (i) applies, the appointer may appoint a person to act in the office of the appointee during the vacancy.\nIf subsection (1) (b) (ii) applies, the appointer must appoint a person to act in the office of the appointee during the absence.\nMaximum penalty—40 penalty units.\nThe coal mine operator for the underground mine must ensure a person appointed under subsection (2) or (3) acts in the office of the appointee for a period of not more than 12 weeks starting on the day the appointee—\nvacated office; or\nwas first temporarily absent from duty.\nMaximum penalty—500 penalty units.\nHowever, subsection (4) does not apply if the person appointed under subsection (2) or (3) is an employee of—\nfor an appointment to act in an office under section 60 (2) , (4) or (8) —\nthe coal mine operator for the mine; or\nan associated entity of the coal mine operator; or\nan entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or\nfor an appointment to act in an office under section 60 (9) , (10) or (11) —\nthe coal mine operator for the mine; or\nan entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\nThe coal mine operator for the underground mine must ensure a person appointed under subsection (2) or (3) meets the competency requirement for the appointment.\nMaximum penalty—\nfor an appointment to act in an office under section 60 (2) or (4) —400 penalty units; or\nfor an appointment to act in an office under section 60 (8) , (9) , (10) or (11) —200 penalty units.\nThe appointer is taken to comply with the requirement to appoint a person to the office under section 60 (2) , (4) , (8) , (9) , (10) or (11) for the period of an appointment under subsection (2) .\nIn this section—\ncompetency requirement , for an appointment under subsection (2) or (3) , means—\nfor an appointment to act in an office under section 60 (2) or (4) —holding both of the board qualifications mentioned in section 60 (5) ; or\nfor an appointment to act in an office under section 60 (8) —holding both of the board qualifications mentioned in section 60 (8) ; or\nfor an appointment to act in an office under section 60 (9) —holding both of the board qualifications mentioned in section 60 (9) ; or\nfor an appointment to act in an office under section 60 (10) —holding both of the board qualifications mentioned in section 60 (10) ; or\nfor an appointment to act in an office under section 60 (11) —holding both of the board qualifications mentioned in section 60 (11) .\ns 60A ins 2022 No. 29 s 9\namd 2024 No. 34 s 30\n(sec.60A-ssec.1) This section applies if— a person (the appointer ) has appointed another person (the appointee ) under section 60 (2) , (4) , (8) , (9) , (10) or (11) ; and the appointee— vacates office; or is temporarily absent from duty.\n(sec.60A-ssec.2) If subsection (1) (b) (i) applies, the appointer may appoint a person to act in the office of the appointee during the vacancy.\n(sec.60A-ssec.3) If subsection (1) (b) (ii) applies, the appointer must appoint a person to act in the office of the appointee during the absence. Maximum penalty—40 penalty units.\n(sec.60A-ssec.4) The coal mine operator for the underground mine must ensure a person appointed under subsection (2) or (3) acts in the office of the appointee for a period of not more than 12 weeks starting on the day the appointee— vacated office; or was first temporarily absent from duty. Maximum penalty—500 penalty units.\n(sec.60A-ssec.5) However, subsection (4) does not apply if the person appointed under subsection (2) or (3) is an employee of— for an appointment to act in an office under section 60 (2) , (4) or (8) — the coal mine operator for the mine; or an associated entity of the coal mine operator; or an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or for an appointment to act in an office under section 60 (9) , (10) or (11) — the coal mine operator for the mine; or an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\n(sec.60A-ssec.6) The coal mine operator for the underground mine must ensure a person appointed under subsection (2) or (3) meets the competency requirement for the appointment. Maximum penalty— for an appointment to act in an office under section 60 (2) or (4) —400 penalty units; or for an appointment to act in an office under section 60 (8) , (9) , (10) or (11) —200 penalty units.\n(sec.60A-ssec.7) The appointer is taken to comply with the requirement to appoint a person to the office under section 60 (2) , (4) , (8) , (9) , (10) or (11) for the period of an appointment under subsection (2) .\n(sec.60A-ssec.8) In this section— competency requirement , for an appointment under subsection (2) or (3) , means— for an appointment to act in an office under section 60 (2) or (4) —holding both of the board qualifications mentioned in section 60 (5) ; or for an appointment to act in an office under section 60 (8) —holding both of the board qualifications mentioned in section 60 (8) ; or for an appointment to act in an office under section 60 (9) —holding both of the board qualifications mentioned in section 60 (9) ; or for an appointment to act in an office under section 60 (10) —holding both of the board qualifications mentioned in section 60 (10) ; or for an appointment to act in an office under section 60 (11) —holding both of the board qualifications mentioned in section 60 (11) .\n- (a) a person (the appointer ) has appointed another person (the appointee ) under section 60 (2) , (4) , (8) , (9) , (10) or (11) ; and\n- (b) the appointee— (i) vacates office; or (ii) is temporarily absent from duty.\n- (i) vacates office; or\n- (ii) is temporarily absent from duty.\n- (i) vacates office; or\n- (ii) is temporarily absent from duty.\n- (a) vacated office; or\n- (b) was first temporarily absent from duty.\n- (a) for an appointment to act in an office under section 60 (2) , (4) or (8) — (i) the coal mine operator for the mine; or (ii) an associated entity of the coal mine operator; or (iii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or\n- (i) the coal mine operator for the mine; or\n- (ii) an associated entity of the coal mine operator; or\n- (iii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or\n- (b) for an appointment to act in an office under section 60 (9) , (10) or (11) — (i) the coal mine operator for the mine; or (ii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\n- (i) the coal mine operator for the mine; or\n- (ii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\n- (i) the coal mine operator for the mine; or\n- (ii) an associated entity of the coal mine operator; or\n- (iii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or\n- (i) the coal mine operator for the mine; or\n- (ii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\n- (a) for an appointment to act in an office under section 60 (2) or (4) —400 penalty units; or\n- (b) for an appointment to act in an office under section 60 (8) , (9) , (10) or (11) —200 penalty units.\n- (a) for an appointment to act in an office under section 60 (2) or (4) —holding both of the board qualifications mentioned in section 60 (5) ; or\n- (b) for an appointment to act in an office under section 60 (8) —holding both of the board qualifications mentioned in section 60 (8) ; or\n- (c) for an appointment to act in an office under section 60 (9) —holding both of the board qualifications mentioned in section 60 (9) ; or\n- (d) for an appointment to act in an office under section 60 (10) —holding both of the board qualifications mentioned in section 60 (10) ; or\n- (e) for an appointment to act in an office under section 60 (11) —holding both of the board qualifications mentioned in section 60 (11) .","sortOrder":90},{"sectionNumber":"sec.61","sectionType":"section","heading":"Appointment of ventilation officer","content":"### sec.61 Appointment of ventilation officer\n\nThis section applies to an underground mine.\nThe underground mine manager for the mine must appoint another person as the ventilation officer for the mine.\nMaximum penalty—200 penalty units.\nHowever, the underground mine manager must not appoint a person under subsection (2) unless the person holds both of the following board qualifications—\na ventilation officer’s certificate of competency;\nthe practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\nMaximum penalty—200 penalty units.\nAlso, the coal mine operator for the underground mine must ensure that the underground mine manager appoints a person under subsection (2) only if the person is an employee of—\nthe coal mine operator; or\nan associated entity of the coal mine operator; or\nan entity that employs or otherwise engages 80% or more of the coal mine workers at the mine.\nMaximum penalty—500 penalty units.\nSubject to the direction and control of the underground mine manager, the ventilation officer for the mine is responsible for—\nthe implementation of the mine’s ventilation system; and\nthe establishment of effective standards of ventilation for the mine.\nThe underground mine manager must not appoint a person as ventilation officer at more than 1 mine at the same time unless the chief inspector gives the manager notice that the chief inspector is satisfied the person can effectively carry out the duties of the ventilation officer at the mines.\nMaximum penalty—200 penalty units.\nThe underground mine manager may appoint more than 1 person as the ventilation officer under this section to assume the duties of the officer at different times.\ns 61 amd 2002 No. 25 s 10 ; 2010 No. 17 s 17 sch; 2011 No. 2 s 9\nsub 2018 No. 28 s 17\namd 2020 No. 14 s 8 ; 2022 No. 29 s 10 ; 2024 No. 34 s 31\n(sec.61-ssec.1) This section applies to an underground mine.\n(sec.61-ssec.2) The underground mine manager for the mine must appoint another person as the ventilation officer for the mine. Maximum penalty—200 penalty units.\n(sec.61-ssec.3) However, the underground mine manager must not appoint a person under subsection (2) unless the person holds both of the following board qualifications— a ventilation officer’s certificate of competency; the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) . Maximum penalty—200 penalty units.\n(sec.61-ssec.4) Also, the coal mine operator for the underground mine must ensure that the underground mine manager appoints a person under subsection (2) only if the person is an employee of— the coal mine operator; or an associated entity of the coal mine operator; or an entity that employs or otherwise engages 80% or more of the coal mine workers at the mine. Maximum penalty—500 penalty units.\n(sec.61-ssec.5) Subject to the direction and control of the underground mine manager, the ventilation officer for the mine is responsible for— the implementation of the mine’s ventilation system; and the establishment of effective standards of ventilation for the mine.\n(sec.61-ssec.6) The underground mine manager must not appoint a person as ventilation officer at more than 1 mine at the same time unless the chief inspector gives the manager notice that the chief inspector is satisfied the person can effectively carry out the duties of the ventilation officer at the mines. Maximum penalty—200 penalty units.\n(sec.61-ssec.7) The underground mine manager may appoint more than 1 person as the ventilation officer under this section to assume the duties of the officer at different times.\n- (a) a ventilation officer’s certificate of competency;\n- (b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\n- (a) the coal mine operator; or\n- (b) an associated entity of the coal mine operator; or\n- (c) an entity that employs or otherwise engages 80% or more of the coal mine workers at the mine.\n- (a) the implementation of the mine’s ventilation system; and\n- (b) the establishment of effective standards of ventilation for the mine.","sortOrder":91},{"sectionNumber":"sec.61A","sectionType":"section","heading":"Acting ventilation officer","content":"### sec.61A Acting ventilation officer\n\nThis section applies if—\na ventilation officer appointed under section 61 for an underground mine—\nvacates office; or\nis temporarily absent from duty; and\nthere is no other person appointed under that section who can assume the ventilation officer’s duties during the vacancy or absence.\nIf subsection (1) (a) (i) applies, the underground mine manager may appoint a person to act during the vacancy.\nIf subsection (1) (a) (ii) applies, the underground mine manager may assume the duties of the ventilation officer during the absence if—\nthe absence is for not longer than 7 days; and\nthe manager holds a ventilation officer’s certificate of competency.\nIf subsection (1) (a) (ii) applies and the underground mine manager does not assume the duties of the ventilation officer under subsection (3) , the manager must appoint another person to act as the ventilation officer during the absence.\nMaximum penalty—200 penalty units.\nHowever, the underground mine manager must not appoint a person under subsection (2) or (4) unless the person holds both of the following board qualifications—\na ventilation officer’s certificate of competency;\nthe practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\nMaximum penalty—200 penalty units.\nAlso, the coal mine operator for the underground mine must ensure a person appointed under subsection (2) or (4) acts as the ventilation officer for a period of not more than 12 weeks starting on the day the ventilation officer appointed under section 61 —\nvacated office; or\nwas first temporarily absent from duty.\nMaximum penalty—500 penalty units.\nHowever, subsection (6) does not apply if the person appointed under subsection (2) or (4) is an employee of—\nthe coal mine operator; or\nan associated entity of the coal mine operator; or\nan entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\nThe underground mine manager is taken to comply with section 61 (2) for the period of an appointment under subsection (2) .\ns 61A ins 2018 No. 28 s 17\namd 2020 No. 14 s 9\nsub 2022 No. 29 s 11\namd 2024 No. 34 s 32\n(sec.61A-ssec.1) This section applies if— a ventilation officer appointed under section 61 for an underground mine— vacates office; or is temporarily absent from duty; and there is no other person appointed under that section who can assume the ventilation officer’s duties during the vacancy or absence.\n(sec.61A-ssec.2) If subsection (1) (a) (i) applies, the underground mine manager may appoint a person to act during the vacancy.\n(sec.61A-ssec.3) If subsection (1) (a) (ii) applies, the underground mine manager may assume the duties of the ventilation officer during the absence if— the absence is for not longer than 7 days; and the manager holds a ventilation officer’s certificate of competency.\n(sec.61A-ssec.4) If subsection (1) (a) (ii) applies and the underground mine manager does not assume the duties of the ventilation officer under subsection (3) , the manager must appoint another person to act as the ventilation officer during the absence. Maximum penalty—200 penalty units.\n(sec.61A-ssec.5) However, the underground mine manager must not appoint a person under subsection (2) or (4) unless the person holds both of the following board qualifications— a ventilation officer’s certificate of competency; the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) . Maximum penalty—200 penalty units.\n(sec.61A-ssec.6) Also, the coal mine operator for the underground mine must ensure a person appointed under subsection (2) or (4) acts as the ventilation officer for a period of not more than 12 weeks starting on the day the ventilation officer appointed under section 61 — vacated office; or was first temporarily absent from duty. Maximum penalty—500 penalty units.\n(sec.61A-ssec.7) However, subsection (6) does not apply if the person appointed under subsection (2) or (4) is an employee of— the coal mine operator; or an associated entity of the coal mine operator; or an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.\n(sec.61A-ssec.8) The underground mine manager is taken to comply with section 61 (2) for the period of an appointment under subsection (2) .\n- (a) a ventilation officer appointed under section 61 for an underground mine— (i) vacates office; or (ii) is temporarily absent from duty; and\n- (i) vacates office; or\n- (ii) is temporarily absent from duty; and\n- (b) there is no other person appointed under that section who can assume the ventilation officer’s duties during the vacancy or absence.\n- (i) vacates office; or\n- (ii) is temporarily absent from duty; and\n- (a) the absence is for not longer than 7 days; and\n- (b) the manager holds a ventilation officer’s certificate of competency.\n- (a) a ventilation officer’s certificate of competency;\n- (b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\n- (a) vacated office; or\n- (b) was first temporarily absent from duty.\n- (a) the coal mine operator; or\n- (b) an associated entity of the coal mine operator; or\n- (c) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.","sortOrder":92},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Safety and health management systems","content":"## Safety and health management systems","sortOrder":93},{"sectionNumber":"sec.62","sectionType":"section","heading":"Safety and health management system","content":"### sec.62 Safety and health management system\n\nThe safety and health management system, for a coal mine, is a single system that incorporates risk management elements and practices that ensure the safety and health of persons who may be affected by coal mining operations.\nThe safety and health management system must be a single, auditable documented system that—\nforms part of an overall management system; and\nincludes organisational structure, planning activities, responsibilities, practices, procedures and resources for developing, implementing, maintaining and reviewing a safety and health policy.\nThe safety and health management system must provide a single, comprehensive and integrated system for the management of all aspects of risks to safety and health in relation to the operation of the coal mine including any remote operating centre for the mine, or the remote operation of plant or equipment for the mine.\nThe safety and health management system for a coal mine must be in place before coal mining operations start at the mine.\nThe safety and health management system must be adequate and effective to achieve an acceptable level of risk by—\ndefining the coal mine operator’s safety and health policy; and\ncontaining a plan to implement the coal mine operator’s safety and health policy; and\nstating how the coal mine operator intends to develop the capabilities and support mechanisms necessary to achieve the policy; and\nincluding principal hazard management plans and standard operating procedures; and\nidentifying critical controls; and\ncontaining a way of—\nmeasuring, monitoring and evaluating the performance of the safety and health management system; and\ntaking the action necessary to prevent or correct matters that do not conform with the safety and health management system; and\ncontaining a plan to regularly review and continually improve the safety and health management system so that risk to persons at the coal mine is at an acceptable level; and\nif there is a significant change to the coal mining operations of the coal mine—containing a plan to immediately review the safety and health management system so that risk to persons is at an acceptable level.\nThe site senior executive must make available for inspection, by coal mine workers employed at the coal mine and ROC workers employed for the coal mine, a copy of the safety and health management system.\nMaximum penalty—100 penalty units.\nThe site senior executive must give a copy of a principal hazard management plan to each of the following persons if the person requests a copy of the plan—\na coal mine worker whose work at the coal mine is affected by the requirements of the plan;\nan operational ROC worker for the coal mine whose work for the mine is affected by the requirements of the plan.\nMaximum penalty—100 penalty units.\ns 62 amd 2018 No. 28 s 18 ; 2024 No. 34 s 33\n(sec.62-ssec.1) The safety and health management system, for a coal mine, is a single system that incorporates risk management elements and practices that ensure the safety and health of persons who may be affected by coal mining operations.\n(sec.62-ssec.2) The safety and health management system must be a single, auditable documented system that— forms part of an overall management system; and includes organisational structure, planning activities, responsibilities, practices, procedures and resources for developing, implementing, maintaining and reviewing a safety and health policy.\n(sec.62-ssec.3) The safety and health management system must provide a single, comprehensive and integrated system for the management of all aspects of risks to safety and health in relation to the operation of the coal mine including any remote operating centre for the mine, or the remote operation of plant or equipment for the mine.\n(sec.62-ssec.4) The safety and health management system for a coal mine must be in place before coal mining operations start at the mine.\n(sec.62-ssec.5) The safety and health management system must be adequate and effective to achieve an acceptable level of risk by— defining the coal mine operator’s safety and health policy; and containing a plan to implement the coal mine operator’s safety and health policy; and stating how the coal mine operator intends to develop the capabilities and support mechanisms necessary to achieve the policy; and including principal hazard management plans and standard operating procedures; and identifying critical controls; and containing a way of— measuring, monitoring and evaluating the performance of the safety and health management system; and taking the action necessary to prevent or correct matters that do not conform with the safety and health management system; and containing a plan to regularly review and continually improve the safety and health management system so that risk to persons at the coal mine is at an acceptable level; and if there is a significant change to the coal mining operations of the coal mine—containing a plan to immediately review the safety and health management system so that risk to persons is at an acceptable level.\n(sec.62-ssec.6) The site senior executive must make available for inspection, by coal mine workers employed at the coal mine and ROC workers employed for the coal mine, a copy of the safety and health management system. Maximum penalty—100 penalty units.\n(sec.62-ssec.7) The site senior executive must give a copy of a principal hazard management plan to each of the following persons if the person requests a copy of the plan— a coal mine worker whose work at the coal mine is affected by the requirements of the plan; an operational ROC worker for the coal mine whose work for the mine is affected by the requirements of the plan. Maximum penalty—100 penalty units.\n- (a) forms part of an overall management system; and\n- (b) includes organisational structure, planning activities, responsibilities, practices, procedures and resources for developing, implementing, maintaining and reviewing a safety and health policy.\n- (a) defining the coal mine operator’s safety and health policy; and\n- (b) containing a plan to implement the coal mine operator’s safety and health policy; and\n- (c) stating how the coal mine operator intends to develop the capabilities and support mechanisms necessary to achieve the policy; and\n- (d) including principal hazard management plans and standard operating procedures; and\n- (e) identifying critical controls; and\n- (f) containing a way of— (i) measuring, monitoring and evaluating the performance of the safety and health management system; and (ii) taking the action necessary to prevent or correct matters that do not conform with the safety and health management system; and\n- (i) measuring, monitoring and evaluating the performance of the safety and health management system; and\n- (ii) taking the action necessary to prevent or correct matters that do not conform with the safety and health management system; and\n- (g) containing a plan to regularly review and continually improve the safety and health management system so that risk to persons at the coal mine is at an acceptable level; and\n- (h) if there is a significant change to the coal mining operations of the coal mine—containing a plan to immediately review the safety and health management system so that risk to persons is at an acceptable level.\n- (i) measuring, monitoring and evaluating the performance of the safety and health management system; and\n- (ii) taking the action necessary to prevent or correct matters that do not conform with the safety and health management system; and\n- (a) a coal mine worker whose work at the coal mine is affected by the requirements of the plan;\n- (b) an operational ROC worker for the coal mine whose work for the mine is affected by the requirements of the plan.","sortOrder":94},{"sectionNumber":"sec.62A","sectionType":"section","heading":"Additional requirement for coal mining operation for incidental coal seam gas","content":"### sec.62A Additional requirement for coal mining operation for incidental coal seam gas\n\nThis section applies if coal mining operations at a coal mine include activities related to mining incidental coal seam gas.\nThe safety and health management system must include a plan to achieve an acceptable level of risk in relation to the activities.\nIn deciding whether the safety and health management system for the coal mine is adequate and effective to achieve an acceptable level of risk for section 62 (5) , regard must be had to the requirements for a safety management system under the Petroleum and Gas (Production and Safety) Act 2004 .\nSee the Petroleum and Gas (Production and Safety) Act 2004 , sections 675 and 705C .\nFor mineral hydrocarbon mining leases as defined under the Mineral Resources Act 1989 , chapter 15 , part 2 , division 6 , see section 747 of that Act and the Petroleum and Gas (Production and Safety) Act 2004 , section 671 .\ns 62A ins 2004 No. 25 s 943\namd 2012 No. 20 s 323 sch 3 ; 2014 No. 64 s 205 ; 2018 No. 28 s 19\n(sec.62A-ssec.1) This section applies if coal mining operations at a coal mine include activities related to mining incidental coal seam gas.\n(sec.62A-ssec.2) The safety and health management system must include a plan to achieve an acceptable level of risk in relation to the activities.\n(sec.62A-ssec.3) In deciding whether the safety and health management system for the coal mine is adequate and effective to achieve an acceptable level of risk for section 62 (5) , regard must be had to the requirements for a safety management system under the Petroleum and Gas (Production and Safety) Act 2004 . See the Petroleum and Gas (Production and Safety) Act 2004 , sections 675 and 705C . For mineral hydrocarbon mining leases as defined under the Mineral Resources Act 1989 , chapter 15 , part 2 , division 6 , see section 747 of that Act and the Petroleum and Gas (Production and Safety) Act 2004 , section 671 .\n- 1 See the Petroleum and Gas (Production and Safety) Act 2004 , sections 675 and 705C .\n- 2 For mineral hydrocarbon mining leases as defined under the Mineral Resources Act 1989 , chapter 15 , part 2 , division 6 , see section 747 of that Act and the Petroleum and Gas (Production and Safety) Act 2004 , section 671 .","sortOrder":95},{"sectionNumber":"sec.63","sectionType":"section","heading":"Principal hazard management plan","content":"### sec.63 Principal hazard management plan\n\nA principal hazard management plan must—\nidentify, analyse and assess risk associated with principal hazards; and\ninclude standard operating procedures and other measures to control risk; and\ninclude critical controls.\nThe site senior executive must give a copy of the principal hazard management plan to a person that employs persons at the coal mine whose work is affected by the plan’s requirements.\nMaximum penalty for subsection (2) —200 penalty units.\ns 63 amd 2024 No. 34 s 34\n(sec.63-ssec.1) A principal hazard management plan must— identify, analyse and assess risk associated with principal hazards; and include standard operating procedures and other measures to control risk; and include critical controls.\n(sec.63-ssec.2) The site senior executive must give a copy of the principal hazard management plan to a person that employs persons at the coal mine whose work is affected by the plan’s requirements. Maximum penalty for subsection (2) —200 penalty units.\n- (a) identify, analyse and assess risk associated with principal hazards; and\n- (b) include standard operating procedures and other measures to control risk; and\n- (c) include critical controls.","sortOrder":96},{"sectionNumber":"sec.64","sectionType":"section","heading":"Review of principal hazard management plans and standard operating procedures","content":"### sec.64 Review of principal hazard management plans and standard operating procedures\n\nThis section applies if—\na safety and health management system has been developed for a new coal mine; or\nit is proposed to change a safety and health management system at an existing coal mine.\nThe site senior executive must review the principal hazard management plans and standard operating procedures in consultation with coal mine workers affected by the plans and operating procedures.\nMaximum penalty—200 penalty units.\nThe review under subsection (2) must take place—\nfor a new coal mine—as soon as practicable after the start of coal mining operations; or\nfor a change at an existing coal mine—before the change happens.\n(sec.64-ssec.1) This section applies if— a safety and health management system has been developed for a new coal mine; or it is proposed to change a safety and health management system at an existing coal mine.\n(sec.64-ssec.2) The site senior executive must review the principal hazard management plans and standard operating procedures in consultation with coal mine workers affected by the plans and operating procedures. Maximum penalty—200 penalty units.\n(sec.64-ssec.3) The review under subsection (2) must take place— for a new coal mine—as soon as practicable after the start of coal mining operations; or for a change at an existing coal mine—before the change happens.\n- (a) a safety and health management system has been developed for a new coal mine; or\n- (b) it is proposed to change a safety and health management system at an existing coal mine.\n- (a) for a new coal mine—as soon as practicable after the start of coal mining operations; or\n- (b) for a change at an existing coal mine—before the change happens.","sortOrder":97},{"sectionNumber":"pt.4-div.3A","sectionType":"division","heading":"Joint interaction management plans for overlapping resource authorities","content":"## Joint interaction management plans for overlapping resource authorities","sortOrder":98},{"sectionNumber":"sec.64C","sectionType":"section","heading":"Application of div 3A","content":"### sec.64C Application of div 3A\n\nThis division applies to a coal mine if—\ncoal mining operations at the coal mine are carried out, or are to be carried out, in any of the following areas (each an overlapping area )—\nthe area of—\na petroleum authority under the Petroleum and Gas (Production and Safety) Act 2004 ; or\nan authority to prospect, petroleum lease, or water monitoring authority, under the Petroleum Act 1923 ;\nan area adjacent to an area mentioned in subparagraph (i) ;\nthe area of a petroleum resource authority to which the Common Provisions Act , chapter 4 applies; and\nthe coal mining operations physically affect, or may physically affect, the safety of persons or plant in the overlapping area.\nThis division does not apply to a coal mine if coal mining operations at the coal mine are carried out, or are to be carried out, under a coal mining lease to which the Mineral Resources Regulation 2013 , chapter 2 , part 4 , division 4 applies.\ns 64C ins 2014 No. 64 s 206\namd 2018 No. 24 s 5\n(sec.64C-ssec.1) This division applies to a coal mine if— coal mining operations at the coal mine are carried out, or are to be carried out, in any of the following areas (each an overlapping area )— the area of— a petroleum authority under the Petroleum and Gas (Production and Safety) Act 2004 ; or an authority to prospect, petroleum lease, or water monitoring authority, under the Petroleum Act 1923 ; an area adjacent to an area mentioned in subparagraph (i) ; the area of a petroleum resource authority to which the Common Provisions Act , chapter 4 applies; and the coal mining operations physically affect, or may physically affect, the safety of persons or plant in the overlapping area.\n(sec.64C-ssec.2) This division does not apply to a coal mine if coal mining operations at the coal mine are carried out, or are to be carried out, under a coal mining lease to which the Mineral Resources Regulation 2013 , chapter 2 , part 4 , division 4 applies.\n- (a) coal mining operations at the coal mine are carried out, or are to be carried out, in any of the following areas (each an overlapping area )— (i) the area of— (A) a petroleum authority under the Petroleum and Gas (Production and Safety) Act 2004 ; or (B) an authority to prospect, petroleum lease, or water monitoring authority, under the Petroleum Act 1923 ; (ii) an area adjacent to an area mentioned in subparagraph (i) ; (iii) the area of a petroleum resource authority to which the Common Provisions Act , chapter 4 applies; and\n- (i) the area of— (A) a petroleum authority under the Petroleum and Gas (Production and Safety) Act 2004 ; or (B) an authority to prospect, petroleum lease, or water monitoring authority, under the Petroleum Act 1923 ;\n- (A) a petroleum authority under the Petroleum and Gas (Production and Safety) Act 2004 ; or\n- (B) an authority to prospect, petroleum lease, or water monitoring authority, under the Petroleum Act 1923 ;\n- (ii) an area adjacent to an area mentioned in subparagraph (i) ;\n- (iii) the area of a petroleum resource authority to which the Common Provisions Act , chapter 4 applies; and\n- (b) the coal mining operations physically affect, or may physically affect, the safety of persons or plant in the overlapping area.\n- (i) the area of— (A) a petroleum authority under the Petroleum and Gas (Production and Safety) Act 2004 ; or (B) an authority to prospect, petroleum lease, or water monitoring authority, under the Petroleum Act 1923 ;\n- (A) a petroleum authority under the Petroleum and Gas (Production and Safety) Act 2004 ; or\n- (B) an authority to prospect, petroleum lease, or water monitoring authority, under the Petroleum Act 1923 ;\n- (ii) an area adjacent to an area mentioned in subparagraph (i) ;\n- (iii) the area of a petroleum resource authority to which the Common Provisions Act , chapter 4 applies; and\n- (A) a petroleum authority under the Petroleum and Gas (Production and Safety) Act 2004 ; or\n- (B) an authority to prospect, petroleum lease, or water monitoring authority, under the Petroleum Act 1923 ;","sortOrder":99},{"sectionNumber":"sec.64D","sectionType":"section","heading":"Definitions for div 3A","content":"### sec.64D Definitions for div 3A\n\nIn this division—\narbitration , of a dispute, means arbitration of the dispute under the Common Provisions Act , chapter 5 , part 3 .\ns 64D def arbitration amd 2020 No. 14 s 218 sch 1\nauthorised activities operating plant means an operating plant under the Petroleum and Gas (Production and Safety) Act 2004 , section 670 (6) .\njoint interaction management plan see section 64E (1) (a) .\noperating plant see the Petroleum and Gas (Production and Safety) Act 2004 , section 670 .\noperator , of an operating plant, see the Petroleum and Gas (Production and Safety) Act 2004 , section 673 .\ns 64D ins 2014 No. 64 s 206","sortOrder":100},{"sectionNumber":"sec.64E","sectionType":"section","heading":"Requirement for joint interaction management plan","content":"### sec.64E Requirement for joint interaction management plan\n\nThe site senior executive for the coal mine must—\nbefore carrying out coal mining operations in the overlapping area, make a plan for the mine that complies with section 64F (a joint interaction management plan ); and\nbefore making the plan—\nmake reasonable attempts to consult with the operator of each authorised activities operating plant in the overlapping area to jointly identify, analyse and assess risks and hazards in the overlapping area; and\nhave regard to any reasonable provisions for the plan, relating to the management of the risks and hazards, that are proposed by the operators within 20 days after receiving a copy of the proposed plan; and\neither—\nreach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or\napply for arbitration of the dispute under subsection (3) or (4) ; and\ncomply with the plan.\nMaximum penalty—500 penalty units.\nFor subsection (1) (b) (i) , the site senior executive is taken to have made reasonable attempts to consult with the operator of an authorised activities operating plant if—\nthe site senior executive gives the operator a copy of the proposed plan; and\nthe operator has not, within 20 days after being given the copy, made any proposal to the site senior executive about the provisions for the plan.\nIf the site senior executive and the operator of an authorised activities operating plant can not agree on the content of a proposed plan within 3 months after the operator receives a copy of the proposed plan, the site senior executive must apply for arbitration of the dispute.\nDespite subsection (3) , either party may apply for arbitration of the dispute at any time.\ns 64E ins 2014 No. 64 s 206\n(sec.64E-ssec.1) The site senior executive for the coal mine must— before carrying out coal mining operations in the overlapping area, make a plan for the mine that complies with section 64F (a joint interaction management plan ); and before making the plan— make reasonable attempts to consult with the operator of each authorised activities operating plant in the overlapping area to jointly identify, analyse and assess risks and hazards in the overlapping area; and have regard to any reasonable provisions for the plan, relating to the management of the risks and hazards, that are proposed by the operators within 20 days after receiving a copy of the proposed plan; and either— reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or apply for arbitration of the dispute under subsection (3) or (4) ; and comply with the plan. Maximum penalty—500 penalty units.\n(sec.64E-ssec.2) For subsection (1) (b) (i) , the site senior executive is taken to have made reasonable attempts to consult with the operator of an authorised activities operating plant if— the site senior executive gives the operator a copy of the proposed plan; and the operator has not, within 20 days after being given the copy, made any proposal to the site senior executive about the provisions for the plan.\n(sec.64E-ssec.3) If the site senior executive and the operator of an authorised activities operating plant can not agree on the content of a proposed plan within 3 months after the operator receives a copy of the proposed plan, the site senior executive must apply for arbitration of the dispute.\n(sec.64E-ssec.4) Despite subsection (3) , either party may apply for arbitration of the dispute at any time.\n- (a) before carrying out coal mining operations in the overlapping area, make a plan for the mine that complies with section 64F (a joint interaction management plan ); and\n- (b) before making the plan— (i) make reasonable attempts to consult with the operator of each authorised activities operating plant in the overlapping area to jointly identify, analyse and assess risks and hazards in the overlapping area; and (ii) have regard to any reasonable provisions for the plan, relating to the management of the risks and hazards, that are proposed by the operators within 20 days after receiving a copy of the proposed plan; and (iii) either— (A) reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or (B) apply for arbitration of the dispute under subsection (3) or (4) ; and\n- (i) make reasonable attempts to consult with the operator of each authorised activities operating plant in the overlapping area to jointly identify, analyse and assess risks and hazards in the overlapping area; and\n- (ii) have regard to any reasonable provisions for the plan, relating to the management of the risks and hazards, that are proposed by the operators within 20 days after receiving a copy of the proposed plan; and\n- (iii) either— (A) reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or (B) apply for arbitration of the dispute under subsection (3) or (4) ; and\n- (A) reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or\n- (B) apply for arbitration of the dispute under subsection (3) or (4) ; and\n- (c) comply with the plan.\n- (i) make reasonable attempts to consult with the operator of each authorised activities operating plant in the overlapping area to jointly identify, analyse and assess risks and hazards in the overlapping area; and\n- (ii) have regard to any reasonable provisions for the plan, relating to the management of the risks and hazards, that are proposed by the operators within 20 days after receiving a copy of the proposed plan; and\n- (iii) either— (A) reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or (B) apply for arbitration of the dispute under subsection (3) or (4) ; and\n- (A) reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or\n- (B) apply for arbitration of the dispute under subsection (3) or (4) ; and\n- (A) reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or\n- (B) apply for arbitration of the dispute under subsection (3) or (4) ; and\n- (a) the site senior executive gives the operator a copy of the proposed plan; and\n- (b) the operator has not, within 20 days after being given the copy, made any proposal to the site senior executive about the provisions for the plan.","sortOrder":101},{"sectionNumber":"sec.64F","sectionType":"section","heading":"Content of joint interaction management plan","content":"### sec.64F Content of joint interaction management plan\n\nA joint interaction management plan must—\nbe stored or kept together with the other parts of the safety and health management system for the coal mine; and\nidentify, if any, each IMA, RMA and SOZ in the overlapping area; and\nidentify the hazards and assess the risks to be controlled that—\nare, or may be, created by the coal mining operations or petroleum activities carried out in the overlapping area; and\naffect, or may be likely to affect, the safety and health of persons in the overlapping area; and\nfor each risk—identify the triggers or material changes, or likely triggers or material changes, that—\nmust be monitored to ensure the safety and health of persons in the overlapping area; and\nwill require the plan to be reviewed; and\nfor each trigger or material change identified under paragraph (d) —\nstate the response procedures and times; and\nstate the type of action required for the response; and\na risk analysis\nnotice to the operator of an operating plant in the overlapping area of—\na drop in hydrostatic pressure that may show a potential hazard to persons carrying out authorised activities under a petroleum lease; or\na change in water level that may indicate differences in fluid interconnections with an adjacent petroleum lease\nstate the reporting procedures; and\nif there is proposed, or there is likely to be, interaction with other persons in the overlapping area—\ndescribe the proposed or likely interactions and how they will be managed; and\nidentify the specific risks that may arise as a result of the proposed or likely interactions and how the risks will be controlled; and\nidentify the safety responsibilities of each person; and\nstate the name of the operator and any other person responsible under the Petroleum and Gas (Production and Safety) Act 2004 for each operating plant; and\ndescribe the way in which the plan will be reviewed and revised, including ongoing consultation with the persons mentioned in paragraph (f) ; and\ndescribe the way in which details of any new site senior executive, or other senior person in the management structure, will be communicated to all operators of operating plants in the overlapping area; and\ninclude any other information prescribed by regulation.\nA regulation may prescribe a guide of potential hazards that may be created by coal mining operations in relation to exploring for or producing coal seam gas or petroleum (the potential hazard guide ).\nThe potential hazard guide must be referred to for help in identifying the hazards and assessing the risks mentioned in subsection (1) (c) but is not intended to be exhaustive.\nTo remove any doubt, it is declared that a joint interaction management plan may apply to more than 1 overlapping area.\ns 64F ins 2014 No. 64 s 206\n(sec.64F-ssec.1) A joint interaction management plan must— be stored or kept together with the other parts of the safety and health management system for the coal mine; and identify, if any, each IMA, RMA and SOZ in the overlapping area; and identify the hazards and assess the risks to be controlled that— are, or may be, created by the coal mining operations or petroleum activities carried out in the overlapping area; and affect, or may be likely to affect, the safety and health of persons in the overlapping area; and for each risk—identify the triggers or material changes, or likely triggers or material changes, that— must be monitored to ensure the safety and health of persons in the overlapping area; and will require the plan to be reviewed; and for each trigger or material change identified under paragraph (d) — state the response procedures and times; and state the type of action required for the response; and a risk analysis notice to the operator of an operating plant in the overlapping area of— a drop in hydrostatic pressure that may show a potential hazard to persons carrying out authorised activities under a petroleum lease; or a change in water level that may indicate differences in fluid interconnections with an adjacent petroleum lease state the reporting procedures; and if there is proposed, or there is likely to be, interaction with other persons in the overlapping area— describe the proposed or likely interactions and how they will be managed; and identify the specific risks that may arise as a result of the proposed or likely interactions and how the risks will be controlled; and identify the safety responsibilities of each person; and state the name of the operator and any other person responsible under the Petroleum and Gas (Production and Safety) Act 2004 for each operating plant; and describe the way in which the plan will be reviewed and revised, including ongoing consultation with the persons mentioned in paragraph (f) ; and describe the way in which details of any new site senior executive, or other senior person in the management structure, will be communicated to all operators of operating plants in the overlapping area; and include any other information prescribed by regulation.\n(sec.64F-ssec.2) A regulation may prescribe a guide of potential hazards that may be created by coal mining operations in relation to exploring for or producing coal seam gas or petroleum (the potential hazard guide ).\n(sec.64F-ssec.3) The potential hazard guide must be referred to for help in identifying the hazards and assessing the risks mentioned in subsection (1) (c) but is not intended to be exhaustive.\n(sec.64F-ssec.4) To remove any doubt, it is declared that a joint interaction management plan may apply to more than 1 overlapping area.\n- (a) be stored or kept together with the other parts of the safety and health management system for the coal mine; and\n- (b) identify, if any, each IMA, RMA and SOZ in the overlapping area; and\n- (c) identify the hazards and assess the risks to be controlled that— (i) are, or may be, created by the coal mining operations or petroleum activities carried out in the overlapping area; and (ii) affect, or may be likely to affect, the safety and health of persons in the overlapping area; and\n- (i) are, or may be, created by the coal mining operations or petroleum activities carried out in the overlapping area; and\n- (ii) affect, or may be likely to affect, the safety and health of persons in the overlapping area; and\n- (d) for each risk—identify the triggers or material changes, or likely triggers or material changes, that— (i) must be monitored to ensure the safety and health of persons in the overlapping area; and (ii) will require the plan to be reviewed; and\n- (i) must be monitored to ensure the safety and health of persons in the overlapping area; and\n- (ii) will require the plan to be reviewed; and\n- (e) for each trigger or material change identified under paragraph (d) — (i) state the response procedures and times; and (ii) state the type of action required for the response; and Examples of action that may be required— 1 a risk analysis 2 notice to the operator of an operating plant in the overlapping area of— (a) a drop in hydrostatic pressure that may show a potential hazard to persons carrying out authorised activities under a petroleum lease; or (b) a change in water level that may indicate differences in fluid interconnections with an adjacent petroleum lease (iii) state the reporting procedures; and\n- (i) state the response procedures and times; and\n- (ii) state the type of action required for the response; and Examples of action that may be required— 1 a risk analysis 2 notice to the operator of an operating plant in the overlapping area of— (a) a drop in hydrostatic pressure that may show a potential hazard to persons carrying out authorised activities under a petroleum lease; or (b) a change in water level that may indicate differences in fluid interconnections with an adjacent petroleum lease\n- 1 a risk analysis\n- 2 notice to the operator of an operating plant in the overlapping area of— (a) a drop in hydrostatic pressure that may show a potential hazard to persons carrying out authorised activities under a petroleum lease; or (b) a change in water level that may indicate differences in fluid interconnections with an adjacent petroleum lease\n- (a) a drop in hydrostatic pressure that may show a potential hazard to persons carrying out authorised activities under a petroleum lease; or\n- (b) a change in water level that may indicate differences in fluid interconnections with an adjacent petroleum lease\n- (iii) state the reporting procedures; and\n- (f) if there is proposed, or there is likely to be, interaction with other persons in the overlapping area— (i) describe the proposed or likely interactions and how they will be managed; and (ii) identify the specific risks that may arise as a result of the proposed or likely interactions and how the risks will be controlled; and (iii) identify the safety responsibilities of each person; and (iv) state the name of the operator and any other person responsible under the Petroleum and Gas (Production and Safety) Act 2004 for each operating plant; and\n- (i) describe the proposed or likely interactions and how they will be managed; and\n- (ii) identify the specific risks that may arise as a result of the proposed or likely interactions and how the risks will be controlled; and\n- (iii) identify the safety responsibilities of each person; and\n- (iv) state the name of the operator and any other person responsible under the Petroleum and Gas (Production and Safety) Act 2004 for each operating plant; and\n- (g) describe the way in which the plan will be reviewed and revised, including ongoing consultation with the persons mentioned in paragraph (f) ; and\n- (h) describe the way in which details of any new site senior executive, or other senior person in the management structure, will be communicated to all operators of operating plants in the overlapping area; and\n- (i) include any other information prescribed by regulation.\n- (i) are, or may be, created by the coal mining operations or petroleum activities carried out in the overlapping area; and\n- (ii) affect, or may be likely to affect, the safety and health of persons in the overlapping area; and\n- (i) must be monitored to ensure the safety and health of persons in the overlapping area; and\n- (ii) will require the plan to be reviewed; and\n- (i) state the response procedures and times; and\n- (ii) state the type of action required for the response; and Examples of action that may be required— 1 a risk analysis 2 notice to the operator of an operating plant in the overlapping area of— (a) a drop in hydrostatic pressure that may show a potential hazard to persons carrying out authorised activities under a petroleum lease; or (b) a change in water level that may indicate differences in fluid interconnections with an adjacent petroleum lease\n- 1 a risk analysis\n- 2 notice to the operator of an operating plant in the overlapping area of— (a) a drop in hydrostatic pressure that may show a potential hazard to persons carrying out authorised activities under a petroleum lease; or (b) a change in water level that may indicate differences in fluid interconnections with an adjacent petroleum lease\n- (a) a drop in hydrostatic pressure that may show a potential hazard to persons carrying out authorised activities under a petroleum lease; or\n- (b) a change in water level that may indicate differences in fluid interconnections with an adjacent petroleum lease\n- (iii) state the reporting procedures; and\n- 1 a risk analysis\n- 2 notice to the operator of an operating plant in the overlapping area of— (a) a drop in hydrostatic pressure that may show a potential hazard to persons carrying out authorised activities under a petroleum lease; or (b) a change in water level that may indicate differences in fluid interconnections with an adjacent petroleum lease\n- (a) a drop in hydrostatic pressure that may show a potential hazard to persons carrying out authorised activities under a petroleum lease; or\n- (b) a change in water level that may indicate differences in fluid interconnections with an adjacent petroleum lease\n- (a) a drop in hydrostatic pressure that may show a potential hazard to persons carrying out authorised activities under a petroleum lease; or\n- (b) a change in water level that may indicate differences in fluid interconnections with an adjacent petroleum lease\n- (i) describe the proposed or likely interactions and how they will be managed; and\n- (ii) identify the specific risks that may arise as a result of the proposed or likely interactions and how the risks will be controlled; and\n- (iii) identify the safety responsibilities of each person; and\n- (iv) state the name of the operator and any other person responsible under the Petroleum and Gas (Production and Safety) Act 2004 for each operating plant; and","sortOrder":102},{"sectionNumber":"sec.64G","sectionType":"section","heading":"Notification of making of joint interaction management plan","content":"### sec.64G Notification of making of joint interaction management plan\n\nAs soon as practicable after making a joint interaction management plan, and before carrying out coal mining operations in the overlapping area, the site senior executive for the coal mine must notify the chief inspector that the plan has been made.\nMaximum penalty—40 penalty units.\ns 64G ins 2014 No. 64 s 206","sortOrder":103},{"sectionNumber":"sec.64H","sectionType":"section","heading":"Review","content":"### sec.64H Review\n\nThis section applies if—\nit is proposed to change a joint interaction management plan; or\na change at the coal mine is likely to give rise to an additional risk to safety or health in the overlapping area; or\nany of the following circumstances exist—\nan additional risk to safety or health in the overlapping area is identified;\nconsultation with coal mine workers indicates a review is necessary;\na risk control measure did not control the risk it was intended to control to an acceptable level.\nFor subsection (1) (b) , a change at the coal mine includes—\na change to the mine itself or any aspect of the mine environment; and\na change to a system of work, process or procedure at the mine.\nThe site senior executive for the coal mine must review and, if necessary, revise the joint interaction management plan.\nMaximum penalty—200 penalty units.\nThe review must take place in consultation with the operator of each authorised activities operating plant in the overlapping area and coal mine workers to the extent they are affected by the matters under review.\nMaximum penalty—200 penalty units.\nThe review must take place—\nfor subsection (1) (a) or (b) —before the change to the joint interaction management plan is made; or\nfor subsection (1) (c) —as soon as possible after the circumstance exists.\nMaximum penalty—200 penalty units.\nA revision of the plan under subsection (3) must be recorded on the plan.\nMaximum penalty—200 penalty units.\nIf the site senior executive and the operator for an authorised activities operating plant in the overlapping area can not agree on the content of a revision of the plan, either party may apply for arbitration of the dispute.\ns 64H ins 2014 No. 64 s 206\n(sec.64H-ssec.1) This section applies if— it is proposed to change a joint interaction management plan; or a change at the coal mine is likely to give rise to an additional risk to safety or health in the overlapping area; or any of the following circumstances exist— an additional risk to safety or health in the overlapping area is identified; consultation with coal mine workers indicates a review is necessary; a risk control measure did not control the risk it was intended to control to an acceptable level.\n(sec.64H-ssec.2) For subsection (1) (b) , a change at the coal mine includes— a change to the mine itself or any aspect of the mine environment; and a change to a system of work, process or procedure at the mine.\n(sec.64H-ssec.3) The site senior executive for the coal mine must review and, if necessary, revise the joint interaction management plan. Maximum penalty—200 penalty units.\n(sec.64H-ssec.4) The review must take place in consultation with the operator of each authorised activities operating plant in the overlapping area and coal mine workers to the extent they are affected by the matters under review. Maximum penalty—200 penalty units.\n(sec.64H-ssec.5) The review must take place— for subsection (1) (a) or (b) —before the change to the joint interaction management plan is made; or for subsection (1) (c) —as soon as possible after the circumstance exists. Maximum penalty—200 penalty units.\n(sec.64H-ssec.6) A revision of the plan under subsection (3) must be recorded on the plan. Maximum penalty—200 penalty units.\n(sec.64H-ssec.7) If the site senior executive and the operator for an authorised activities operating plant in the overlapping area can not agree on the content of a revision of the plan, either party may apply for arbitration of the dispute.\n- (a) it is proposed to change a joint interaction management plan; or\n- (b) a change at the coal mine is likely to give rise to an additional risk to safety or health in the overlapping area; or\n- (c) any of the following circumstances exist— (i) an additional risk to safety or health in the overlapping area is identified; (ii) consultation with coal mine workers indicates a review is necessary; (iii) a risk control measure did not control the risk it was intended to control to an acceptable level.\n- (i) an additional risk to safety or health in the overlapping area is identified;\n- (ii) consultation with coal mine workers indicates a review is necessary;\n- (iii) a risk control measure did not control the risk it was intended to control to an acceptable level.\n- (i) an additional risk to safety or health in the overlapping area is identified;\n- (ii) consultation with coal mine workers indicates a review is necessary;\n- (iii) a risk control measure did not control the risk it was intended to control to an acceptable level.\n- (a) a change to the mine itself or any aspect of the mine environment; and\n- (b) a change to a system of work, process or procedure at the mine.\n- (a) for subsection (1) (a) or (b) —before the change to the joint interaction management plan is made; or\n- (b) for subsection (1) (c) —as soon as possible after the circumstance exists.","sortOrder":104},{"sectionNumber":"sec.64I","sectionType":"section","heading":"Availability of joint interaction management plan","content":"### sec.64I Availability of joint interaction management plan\n\nThe site senior executive for the coal mine must make available for inspection, by persons in the overlapping area, a copy of the joint interaction management plan.\nMaximum penalty—100 penalty units.\nThe site senior executive for the coal mine must give a copy of the joint interaction management plan to a person whose work in the overlapping area is affected by the requirements of the plan and who requests a copy of it.\nMaximum penalty—100 penalty units.\nThe site senior executive for the coal mine must give a copy of the joint interaction management plan to a person who employs persons at the coal mine whose work is affected by the plan’s requirements.\nMaximum penalty—200 penalty units.\ns 64I ins 2014 No. 64 s 206\n(sec.64I-ssec.1) The site senior executive for the coal mine must make available for inspection, by persons in the overlapping area, a copy of the joint interaction management plan. Maximum penalty—100 penalty units.\n(sec.64I-ssec.2) The site senior executive for the coal mine must give a copy of the joint interaction management plan to a person whose work in the overlapping area is affected by the requirements of the plan and who requests a copy of it. Maximum penalty—100 penalty units.\n(sec.64I-ssec.3) The site senior executive for the coal mine must give a copy of the joint interaction management plan to a person who employs persons at the coal mine whose work is affected by the plan’s requirements. Maximum penalty—200 penalty units.","sortOrder":105},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Records and reporting","content":"## Records and reporting","sortOrder":106},{"sectionNumber":"sec.65","sectionType":"section","heading":"Changes in management structure to be reported to an inspector","content":"### sec.65 Changes in management structure to be reported to an inspector\n\nThe site senior executive for a coal mine must give notice of any change in the management structure at the mine to the inspector for the region in which the mine is situated within 14 days after the change happens.\nMaximum penalty—50 penalty units.","sortOrder":107},{"sectionNumber":"sec.66","sectionType":"section","heading":"Management structure to be recorded in the mine record","content":"### sec.66 Management structure to be recorded in the mine record\n\nThe site senior executive for a coal mine must enter in the mine record details of—\nthe management structure and of the persons holding positions in the structure at the mine; and\nchanges to the management structure.\nMaximum penalty—50 penalty units.\nThe details must be entered within 7 days after the establishment of, or changes to, the management structure.\n(sec.66-ssec.1) The site senior executive for a coal mine must enter in the mine record details of— the management structure and of the persons holding positions in the structure at the mine; and changes to the management structure. Maximum penalty—50 penalty units.\n(sec.66-ssec.2) The details must be entered within 7 days after the establishment of, or changes to, the management structure.\n- (a) the management structure and of the persons holding positions in the structure at the mine; and\n- (b) changes to the management structure.","sortOrder":108},{"sectionNumber":"sec.67","sectionType":"section","heading":"Plans of coal mine workings","content":"### sec.67 Plans of coal mine workings\n\nA site senior executive for a coal mine must keep at the mine—\nplans showing, as far as practicable—\nthe extent of the mine workings and the current position of any part of the mine workings; and\nfor an underground mine, the significant topographical features on the surface above the mine; and\nplans showing the extent of mining undertaken at or near the mine; and\ninformation likely to be required to evaluate the effect of the mine on—\nthe safety of adjoining coal mines; and\nany potential uncontrolled flow of material into the mine workings; and\ninformation likely to be required to evaluate the effect of any adjoining mine on the safety of the mine; and\nif part 4 , division 3A applies—plans showing each of the following for the overlapping area if identified in an agreed joint development plan—\nthe IMA;\nthe RMA;\nthe FMA;\nthe SOZ.\nMaximum penalty—100 penalty units.\nA site senior executive for a coal mine must produce to the chief inspector, before 31 December each year, plans showing the extent of the mine workings.\nMaximum penalty—100 penalty units.\nAlso, a site senior executive for a coal mine, if asked by an inspector, inspection officer or industry safety and health representative, must produce to the inspector, officer or representative plans showing the extent of the mine workings or the current position of any part of the mine workings and the information mentioned in subsection (1) (c) and (d) .\nMaximum penalty—100 penalty units.\nIf a coal mine is abandoned, the person who was the coal mine operator for the mine immediately before the abandonment must, within 14 days after the abandonment, give the chief inspector plans showing the extent of mining undertaken at the mine.\nMaximum penalty—200 penalty units.\nA site senior executive of a mine must, as soon as reasonably practicable, provide information mentioned in subsection (1) (c) or (d) to the site senior executive of an adjoining mine—\nif asked by the site senior executive of the adjoining mine; or\nif the information is relevant to the safety of the adjoining mine.\nMaximum penalty—100 penalty units.\nThe accuracy of the plans mentioned in this section must be certified by—\nfor a surface mine—\na person registered, under the Surveyors Act 2003 , as a surveyor with a registration endorsement of ‘mining (A)’ or ‘mining (O)’; or\na person with other competencies for surface mining surveying the committee considers is at least equivalent to the competencies mentioned in subparagraph (i) ; or\nfor an underground mine—\na person registered, under the Surveyors Act 2003 , as a surveyor with a registration endorsement of ‘mining (A)’; or\na person with other competencies for underground mining surveying the committee considers is at least equivalent to the competencies mentioned in subparagraph (i) .\nA reference in this section to plans is a reference to plans as certified under subsection (6) .\nIn this section—\nagreed joint development plan see the Common Provisions Act , section 103 .\ns 67 amd 2002 No. 25 s 11 ; 2003 No. 70 s 206 sch 2 ; 2010 No. 17 s 17 sch ; 2011 No. 2 s 10 ; 2014 No. 64 s 207\n(sec.67-ssec.1) A site senior executive for a coal mine must keep at the mine— plans showing, as far as practicable— the extent of the mine workings and the current position of any part of the mine workings; and for an underground mine, the significant topographical features on the surface above the mine; and plans showing the extent of mining undertaken at or near the mine; and information likely to be required to evaluate the effect of the mine on— the safety of adjoining coal mines; and any potential uncontrolled flow of material into the mine workings; and information likely to be required to evaluate the effect of any adjoining mine on the safety of the mine; and if part 4 , division 3A applies—plans showing each of the following for the overlapping area if identified in an agreed joint development plan— the IMA; the RMA; the FMA; the SOZ. Maximum penalty—100 penalty units.\n(sec.67-ssec.2) A site senior executive for a coal mine must produce to the chief inspector, before 31 December each year, plans showing the extent of the mine workings. Maximum penalty—100 penalty units.\n(sec.67-ssec.3) Also, a site senior executive for a coal mine, if asked by an inspector, inspection officer or industry safety and health representative, must produce to the inspector, officer or representative plans showing the extent of the mine workings or the current position of any part of the mine workings and the information mentioned in subsection (1) (c) and (d) . Maximum penalty—100 penalty units.\n(sec.67-ssec.4) If a coal mine is abandoned, the person who was the coal mine operator for the mine immediately before the abandonment must, within 14 days after the abandonment, give the chief inspector plans showing the extent of mining undertaken at the mine. Maximum penalty—200 penalty units.\n(sec.67-ssec.5) A site senior executive of a mine must, as soon as reasonably practicable, provide information mentioned in subsection (1) (c) or (d) to the site senior executive of an adjoining mine— if asked by the site senior executive of the adjoining mine; or if the information is relevant to the safety of the adjoining mine. Maximum penalty—100 penalty units.\n(sec.67-ssec.6) The accuracy of the plans mentioned in this section must be certified by— for a surface mine— a person registered, under the Surveyors Act 2003 , as a surveyor with a registration endorsement of ‘mining (A)’ or ‘mining (O)’; or a person with other competencies for surface mining surveying the committee considers is at least equivalent to the competencies mentioned in subparagraph (i) ; or for an underground mine— a person registered, under the Surveyors Act 2003 , as a surveyor with a registration endorsement of ‘mining (A)’; or a person with other competencies for underground mining surveying the committee considers is at least equivalent to the competencies mentioned in subparagraph (i) .\n(sec.67-ssec.7) A reference in this section to plans is a reference to plans as certified under subsection (6) .\n(sec.67-ssec.8) In this section— agreed joint development plan see the Common Provisions Act , section 103 .\n- (a) plans showing, as far as practicable— (i) the extent of the mine workings and the current position of any part of the mine workings; and (ii) for an underground mine, the significant topographical features on the surface above the mine; and\n- (i) the extent of the mine workings and the current position of any part of the mine workings; and\n- (ii) for an underground mine, the significant topographical features on the surface above the mine; and\n- (b) plans showing the extent of mining undertaken at or near the mine; and\n- (c) information likely to be required to evaluate the effect of the mine on— (i) the safety of adjoining coal mines; and (ii) any potential uncontrolled flow of material into the mine workings; and\n- (i) the safety of adjoining coal mines; and\n- (ii) any potential uncontrolled flow of material into the mine workings; and\n- (d) information likely to be required to evaluate the effect of any adjoining mine on the safety of the mine; and\n- (e) if part 4 , division 3A applies—plans showing each of the following for the overlapping area if identified in an agreed joint development plan— (i) the IMA; (ii) the RMA; (iii) the FMA; (iv) the SOZ.\n- (i) the IMA;\n- (ii) the RMA;\n- (iii) the FMA;\n- (iv) the SOZ.\n- (i) the extent of the mine workings and the current position of any part of the mine workings; and\n- (ii) for an underground mine, the significant topographical features on the surface above the mine; and\n- (i) the safety of adjoining coal mines; and\n- (ii) any potential uncontrolled flow of material into the mine workings; and\n- (i) the IMA;\n- (ii) the RMA;\n- (iii) the FMA;\n- (iv) the SOZ.\n- (a) if asked by the site senior executive of the adjoining mine; or\n- (b) if the information is relevant to the safety of the adjoining mine.\n- (a) for a surface mine— (i) a person registered, under the Surveyors Act 2003 , as a surveyor with a registration endorsement of ‘mining (A)’ or ‘mining (O)’; or (ii) a person with other competencies for surface mining surveying the committee considers is at least equivalent to the competencies mentioned in subparagraph (i) ; or\n- (i) a person registered, under the Surveyors Act 2003 , as a surveyor with a registration endorsement of ‘mining (A)’ or ‘mining (O)’; or\n- (ii) a person with other competencies for surface mining surveying the committee considers is at least equivalent to the competencies mentioned in subparagraph (i) ; or\n- (b) for an underground mine— (i) a person registered, under the Surveyors Act 2003 , as a surveyor with a registration endorsement of ‘mining (A)’; or (ii) a person with other competencies for underground mining surveying the committee considers is at least equivalent to the competencies mentioned in subparagraph (i) .\n- (i) a person registered, under the Surveyors Act 2003 , as a surveyor with a registration endorsement of ‘mining (A)’; or\n- (ii) a person with other competencies for underground mining surveying the committee considers is at least equivalent to the competencies mentioned in subparagraph (i) .\n- (i) a person registered, under the Surveyors Act 2003 , as a surveyor with a registration endorsement of ‘mining (A)’ or ‘mining (O)’; or\n- (ii) a person with other competencies for surface mining surveying the committee considers is at least equivalent to the competencies mentioned in subparagraph (i) ; or\n- (i) a person registered, under the Surveyors Act 2003 , as a surveyor with a registration endorsement of ‘mining (A)’; or\n- (ii) a person with other competencies for underground mining surveying the committee considers is at least equivalent to the competencies mentioned in subparagraph (i) .","sortOrder":109},{"sectionNumber":"sec.68","sectionType":"section","heading":"Mine record","content":"### sec.68 Mine record\n\nA coal mine operator for a coal mine must keep a mine record that includes—\nall reports of, and findings and recommendations resulting from inspections, investigations and audits carried out at the mine under this Act; and\nall directives issued under this Act to the coal mine operator and the operator’s agents or representatives; and\na record of all remedial actions taken as a result of directives issued under this Act; and\na record of and reports about all serious accidents and high potential incidents that have happened at the mine; and\nall other reports or information that may be prescribed under a regulation for this section.\nMaximum penalty—200 penalty units.\nFor subsection (1) , a matter must be kept in the mine record for at least 7 years after the matter is included in the record.\nSubsection (2) applies whether the matter was included under this Act or the repealed Coal Mining Act 1925 .\nThe coal mine operator must ensure the mine record is available for inspection by each of the following persons—\ncoal mine workers at the coal mine;\nindustry safety and health representatives;\nthe site senior executive for the coal mine.\nWithout limiting subsection (4) , if a person mentioned in subsection (4) (a) , (b) or (c) asks to inspect a matter kept in the mine record, the coal mine operator must ensure the matter is available for inspection as soon as practicable but not later than—\nif the matter was recorded in the mine record within the previous 6 months—5 days after the request is made; or\notherwise—28 days after the request is made.\nMaximum penalty—200 penalty units.\nIf a person (the former operator ) who is the coal mine operator for a mine is replaced by another person (the new operator ) as the coal mine operator for the mine, the former operator must give the new operator the mine record for the mine as soon as practicable after being replaced.\nMaximum penalty—200 penalty units.\nA person must not destroy, deface or alter the mine record so that it is no longer a correct and complete record.\nMaximum penalty—400 penalty units.\ns 68 amd 2011 No. 2 s 11 ; 2024 No. 34 s 35\n(sec.68-ssec.1) A coal mine operator for a coal mine must keep a mine record that includes— all reports of, and findings and recommendations resulting from inspections, investigations and audits carried out at the mine under this Act; and all directives issued under this Act to the coal mine operator and the operator’s agents or representatives; and a record of all remedial actions taken as a result of directives issued under this Act; and a record of and reports about all serious accidents and high potential incidents that have happened at the mine; and all other reports or information that may be prescribed under a regulation for this section. Maximum penalty—200 penalty units.\n(sec.68-ssec.2) For subsection (1) , a matter must be kept in the mine record for at least 7 years after the matter is included in the record.\n(sec.68-ssec.3) Subsection (2) applies whether the matter was included under this Act or the repealed Coal Mining Act 1925 .\n(sec.68-ssec.4) The coal mine operator must ensure the mine record is available for inspection by each of the following persons— coal mine workers at the coal mine; industry safety and health representatives; the site senior executive for the coal mine.\n(sec.68-ssec.5) Without limiting subsection (4) , if a person mentioned in subsection (4) (a) , (b) or (c) asks to inspect a matter kept in the mine record, the coal mine operator must ensure the matter is available for inspection as soon as practicable but not later than— if the matter was recorded in the mine record within the previous 6 months—5 days after the request is made; or otherwise—28 days after the request is made. Maximum penalty—200 penalty units.\n(sec.68-ssec.6) If a person (the former operator ) who is the coal mine operator for a mine is replaced by another person (the new operator ) as the coal mine operator for the mine, the former operator must give the new operator the mine record for the mine as soon as practicable after being replaced. Maximum penalty—200 penalty units.\n(sec.68-ssec.7) A person must not destroy, deface or alter the mine record so that it is no longer a correct and complete record. Maximum penalty—400 penalty units.\n- (a) all reports of, and findings and recommendations resulting from inspections, investigations and audits carried out at the mine under this Act; and\n- (b) all directives issued under this Act to the coal mine operator and the operator’s agents or representatives; and\n- (c) a record of all remedial actions taken as a result of directives issued under this Act; and\n- (d) a record of and reports about all serious accidents and high potential incidents that have happened at the mine; and\n- (e) all other reports or information that may be prescribed under a regulation for this section.\n- (a) coal mine workers at the coal mine;\n- (b) industry safety and health representatives;\n- (c) the site senior executive for the coal mine.\n- (a) if the matter was recorded in the mine record within the previous 6 months—5 days after the request is made; or\n- (b) otherwise—28 days after the request is made.","sortOrder":110},{"sectionNumber":"sec.69","sectionType":"section","heading":"Display of directives, reports and other information","content":"### sec.69 Display of directives, reports and other information\n\nThe site senior executive for a coal mine must display a copy of the following documents at the mine—\neach directive currently applying to the mine;\neach report of an inspection carried out at the mine;\neach publication of information under section 275AC that may be relevant to safety and health obligations at the mine.\nFor subsection (1) , the document must be displayed in 1 or more conspicuous positions at the coal mine in a way likely to come to the attention of coal mine workers at the mine affected by the document.\ns 69 sub 2024 No. 34 s 36\n(sec.69-ssec.1) The site senior executive for a coal mine must display a copy of the following documents at the mine— each directive currently applying to the mine; each report of an inspection carried out at the mine; each publication of information under section 275AC that may be relevant to safety and health obligations at the mine.\n(sec.69-ssec.2) For subsection (1) , the document must be displayed in 1 or more conspicuous positions at the coal mine in a way likely to come to the attention of coal mine workers at the mine affected by the document.\n- (a) each directive currently applying to the mine;\n- (b) each report of an inspection carried out at the mine;\n- (c) each publication of information under section 275AC that may be relevant to safety and health obligations at the mine.","sortOrder":111},{"sectionNumber":"sec.69A","sectionType":"section","heading":"Current or past coal mine worker entitled to training and assessment report","content":"### sec.69A Current or past coal mine worker entitled to training and assessment report\n\nThis section applies if a person is or was a coal mine worker at a coal mine.\nThe person may ask the site senior executive for the coal mine to give the person a training and assessment report for the person.\nThe site senior executive must comply with the request within 30 days after the request is made.\nMaximum penalty—200 penalty units.\nIn this section—\ntraining and assessment report , for a person who is or was a coal mine worker at a coal mine, means a copy of the part of the coal mine’s safety and health management system relating to records of training and assessment given to, and undertaken by, the person as a coal mine worker at the mine.\ns 69A ins 2011 No. 2 s 12\nsub 2024 No. 34 s 36\n(sec.69A-ssec.1) This section applies if a person is or was a coal mine worker at a coal mine.\n(sec.69A-ssec.2) The person may ask the site senior executive for the coal mine to give the person a training and assessment report for the person.\n(sec.69A-ssec.3) The site senior executive must comply with the request within 30 days after the request is made. Maximum penalty—200 penalty units.\n(sec.69A-ssec.4) In this section— training and assessment report , for a person who is or was a coal mine worker at a coal mine, means a copy of the part of the coal mine’s safety and health management system relating to records of training and assessment given to, and undertaken by, the person as a coal mine worker at the mine.","sortOrder":112},{"sectionNumber":"sec.69B","sectionType":"section","heading":"Site senior executive entitled to training and assessment report from previous coal mine","content":"### sec.69B Site senior executive entitled to training and assessment report from previous coal mine\n\nThis section applies if—\na person is a coal mine worker at a coal mine (the current coal mine ); and\nthe person has previously been a coal mine worker at another coal mine (the previous coal mine ).\nThe site senior executive for the current coal mine may ask the coal mine operator for the previous coal mine to give the site senior executive a training and assessment report for the person.\nThe coal mine operator for the previous coal mine must comply with the request within 30 days after the request is made.\nMaximum penalty—200 penalty units.\nIn this section—\ntraining and assessment report , for a person who was a coal mine worker at a previous coal mine, means a copy of the part of the previous coal mine’s safety and health management system relating to records of training and assessment given to, and undertaken by, the person as a coal mine worker at the previous coal mine.\ns 69B ins 2024 No. 34 s 36\n(sec.69B-ssec.1) This section applies if— a person is a coal mine worker at a coal mine (the current coal mine ); and the person has previously been a coal mine worker at another coal mine (the previous coal mine ).\n(sec.69B-ssec.2) The site senior executive for the current coal mine may ask the coal mine operator for the previous coal mine to give the site senior executive a training and assessment report for the person.\n(sec.69B-ssec.3) The coal mine operator for the previous coal mine must comply with the request within 30 days after the request is made. Maximum penalty—200 penalty units.\n(sec.69B-ssec.4) In this section— training and assessment report , for a person who was a coal mine worker at a previous coal mine, means a copy of the part of the previous coal mine’s safety and health management system relating to records of training and assessment given to, and undertaken by, the person as a coal mine worker at the previous coal mine.\n- (a) a person is a coal mine worker at a coal mine (the current coal mine ); and\n- (b) the person has previously been a coal mine worker at another coal mine (the previous coal mine ).","sortOrder":113},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Protection of abandoned coal mines","content":"## Protection of abandoned coal mines","sortOrder":114},{"sectionNumber":"sec.70","sectionType":"section","heading":"Responsibility for protecting abandoned coal mines","content":"### sec.70 Responsibility for protecting abandoned coal mines\n\nIf a coal mine is abandoned, the person who was the coal mine operator for the mine immediately before the abandonment must ensure at the time of abandonment that the abandoned coal mine is safe and made secure.\nMaximum penalty—800 penalty units.\nIf the coal mine operator does not comply with subsection (1) , the holder for the coal mine must ensure the abandoned coal mine is safe and made secure.\nMaximum penalty—800 penalty units.\nWithout limiting subsection (1) or (2) , while the holder is the holder for the coal mine the holder must ensure the mine is safe and made secure.\nMaximum penalty—800 penalty units.\nIf an abandoned coal mine is not safe and made secure, the CEO may make it safe and secure and recover the cost of making it safe and secure from the person with the obligation to ensure the mine is safe and made secure.\nA conviction under this section, with or without penalty, does not affect the CEO’s ability to recover the cost of making the mine safe and secure.\nIn this section—\nenvironmental authority see the Environmental Protection Act 1994 , schedule 4 .\nholder , for a coal mine, includes the holder of an environmental authority to carry out on-site activities for land on which the coal mine is located.\ns 70 amd 2016 No. 32 s 19 ; 2020 No. 10 s 139 sch 2\n(sec.70-ssec.1) If a coal mine is abandoned, the person who was the coal mine operator for the mine immediately before the abandonment must ensure at the time of abandonment that the abandoned coal mine is safe and made secure. Maximum penalty—800 penalty units.\n(sec.70-ssec.2) If the coal mine operator does not comply with subsection (1) , the holder for the coal mine must ensure the abandoned coal mine is safe and made secure. Maximum penalty—800 penalty units.\n(sec.70-ssec.3) Without limiting subsection (1) or (2) , while the holder is the holder for the coal mine the holder must ensure the mine is safe and made secure. Maximum penalty—800 penalty units.\n(sec.70-ssec.4) If an abandoned coal mine is not safe and made secure, the CEO may make it safe and secure and recover the cost of making it safe and secure from the person with the obligation to ensure the mine is safe and made secure.\n(sec.70-ssec.5) A conviction under this section, with or without penalty, does not affect the CEO’s ability to recover the cost of making the mine safe and secure.\n(sec.70-ssec.6) In this section— environmental authority see the Environmental Protection Act 1994 , schedule 4 . holder , for a coal mine, includes the holder of an environmental authority to carry out on-site activities for land on which the coal mine is located.","sortOrder":115},{"sectionNumber":"pt.5","sectionType":"part","heading":"Recognised standards","content":"# Recognised standards","sortOrder":116},{"sectionNumber":"sec.71","sectionType":"section","heading":"Purpose of recognised standards","content":"### sec.71 Purpose of recognised standards\n\nA standard may be made for safety and health (a recognised standard ) stating ways to achieve an acceptable level of risk to persons arising out of coal mining operations.","sortOrder":117},{"sectionNumber":"sec.72","sectionType":"section","heading":"Recognised standards","content":"### sec.72 Recognised standards\n\nThe Minister may make recognised standards.\nThe Minister must notify the making of a recognised standard by gazette notice.\nThe CEO must publish on a Queensland Government website each recognised standard and any document applied, adopted or incorporated by the standard.\nIn this section—\nQueensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.\ns 72 amd 2020 No. 10 s 76\n(sec.72-ssec.1) The Minister may make recognised standards.\n(sec.72-ssec.2) The Minister must notify the making of a recognised standard by gazette notice.\n(sec.72-ssec.3) The CEO must publish on a Queensland Government website each recognised standard and any document applied, adopted or incorporated by the standard.\n(sec.72-ssec.4) In this section— Queensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.","sortOrder":118},{"sectionNumber":"sec.73","sectionType":"section","heading":"Use of recognised standards in proceedings","content":"### sec.73 Use of recognised standards in proceedings\n\nA recognised standard is admissible in evidence in a proceeding under this Act if—\nthe proceeding relates to a contravention of a safety and health obligation imposed on a person under part 3 ; and\nit is claimed that the person contravened the obligation by failing to achieve an acceptable level of risk; and\nthe recognised standard is about achieving an acceptable level of risk.\n- (a) the proceeding relates to a contravention of a safety and health obligation imposed on a person under part 3 ; and\n- (b) it is claimed that the person contravened the obligation by failing to achieve an acceptable level of risk; and\n- (c) the recognised standard is about achieving an acceptable level of risk.","sortOrder":119},{"sectionNumber":"pt.5A","sectionType":"part","heading":null,"content":"","sortOrder":120},{"sectionNumber":"pt.5A-div.1","sectionType":"division","heading":null,"content":"","sortOrder":121},{"sectionNumber":"sec.73A","sectionType":"section","heading":null,"content":"### Section sec.73A\n\ns 73A ins 2009 No. 16 s 6\nom 2020 No. 10 s 77","sortOrder":122},{"sectionNumber":"sec.73B","sectionType":"section","heading":null,"content":"### Section sec.73B\n\ns 73B ins 2009 No. 16 s 6\nsub 2014 No. 64 s 208\nom 2020 No. 10 s 77","sortOrder":123},{"sectionNumber":"sec.73BA","sectionType":"section","heading":null,"content":"### Section sec.73BA\n\ns 73BA ins 2010 No. 17 s 18\nom 2020 No. 10 s 77","sortOrder":124},{"sectionNumber":"sec.73C","sectionType":"section","heading":null,"content":"### Section sec.73C\n\ns 73C ins 2009 No. 16 s 6\namd 2010 No. 17 s 17 sch ; 2018 No. 28 s 20\nom 2020 No. 10 s 77","sortOrder":125},{"sectionNumber":"sec.73D","sectionType":"section","heading":null,"content":"### Section sec.73D\n\ns 73D ins 2009 No. 16 s 6\nom 2020 No. 10 s 77","sortOrder":126},{"sectionNumber":"pt.5A-div.2","sectionType":"division","heading":null,"content":"","sortOrder":127},{"sectionNumber":"sec.73E","sectionType":"section","heading":null,"content":"### Section sec.73E\n\ns 73E ins 2009 No. 16 s 6\nom 2020 No. 10 s 77","sortOrder":128},{"sectionNumber":"pt.6","sectionType":"part","heading":"Industry consultative arrangements","content":"# Industry consultative arrangements","sortOrder":129},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Purposes of part","content":"## Purposes of part","sortOrder":130},{"sectionNumber":"sec.74","sectionType":"section","heading":"Purposes of pt 6","content":"### sec.74 Purposes of pt 6\n\nThe main purposes of this part are to provide for the establishment of a coal mining safety and health advisory committee and to state its functions.\ns 74 amd 2010 No. 17 s 17 sch","sortOrder":131},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Coal mining safety and health advisory committee and its functions","content":"## Coal mining safety and health advisory committee and its functions","sortOrder":132},{"sectionNumber":"sec.75","sectionType":"section","heading":"Coal mining safety and health advisory committee","content":"### sec.75 Coal mining safety and health advisory committee\n\nThe coal mining safety and health advisory committee (the committee ) is established.\ns 75 amd 2010 No. 17 s 17 sch","sortOrder":133},{"sectionNumber":"sec.76","sectionType":"section","heading":"Primary function of committee","content":"### sec.76 Primary function of committee\n\nThe primary function of the committee is to give advice and make recommendations to the Minister about promoting and protecting the safety and health of persons at coal mines and persons who may be affected by coal mining operations.\nWithout limiting subsection (1) , the committee must discharge its primary function by periodically reviewing the effectiveness of the control of risk to any person from coal mining operations.\ns 76 amd 2010 No. 17 s 19 ; 2020 No. 10 s 78\n(sec.76-ssec.1) The primary function of the committee is to give advice and make recommendations to the Minister about promoting and protecting the safety and health of persons at coal mines and persons who may be affected by coal mining operations.\n(sec.76-ssec.2) Without limiting subsection (1) , the committee must discharge its primary function by periodically reviewing the effectiveness of the control of risk to any person from coal mining operations.","sortOrder":134},{"sectionNumber":"sec.76A","sectionType":"section","heading":"Other functions of committee","content":"### sec.76A Other functions of committee\n\nThe committee also has the following functions—\nrecognising, establishing and publishing the following competencies—\nthe competencies accepted by the committee as qualifying a person to perform the tasks prescribed by regulation;\nthe safety and health competencies required to perform the duties of a person under this Act;\ndeveloping a 5-year strategic plan for improving the safety and health of persons at coal mines and persons who may be affected by coal mining operations;\nperiodically evaluating, and at least once each year updating, the 5-year strategic plan;\ndeveloping action plans to achieve measurable targets set in the 5-year strategic plan;\nobtaining information from RSHQ to assess the fulfilment of the 5-year strategic plan and the action plans mentioned in paragraph (d) ;\nidentifying and prioritising critical risks to the safety and health of persons at coal mines and persons who may be affected by coal mining operations;\nproviding advice to the coal mining industry about the risks mentioned in paragraph (f) ;\nproviding information to the Minister about the performance of RSHQ.\ns 76A ins 2020 No. 10 s 79\n- (a) recognising, establishing and publishing the following competencies— (i) the competencies accepted by the committee as qualifying a person to perform the tasks prescribed by regulation; (ii) the safety and health competencies required to perform the duties of a person under this Act;\n- (i) the competencies accepted by the committee as qualifying a person to perform the tasks prescribed by regulation;\n- (ii) the safety and health competencies required to perform the duties of a person under this Act;\n- (b) developing a 5-year strategic plan for improving the safety and health of persons at coal mines and persons who may be affected by coal mining operations;\n- (c) periodically evaluating, and at least once each year updating, the 5-year strategic plan;\n- (d) developing action plans to achieve measurable targets set in the 5-year strategic plan;\n- (e) obtaining information from RSHQ to assess the fulfilment of the 5-year strategic plan and the action plans mentioned in paragraph (d) ;\n- (f) identifying and prioritising critical risks to the safety and health of persons at coal mines and persons who may be affected by coal mining operations;\n- (g) providing advice to the coal mining industry about the risks mentioned in paragraph (f) ;\n- (h) providing information to the Minister about the performance of RSHQ.\n- (i) the competencies accepted by the committee as qualifying a person to perform the tasks prescribed by regulation;\n- (ii) the safety and health competencies required to perform the duties of a person under this Act;","sortOrder":135},{"sectionNumber":"sec.77","sectionType":"section","heading":"Annual report","content":"### sec.77 Annual report\n\nAs soon as practicable, but within 4 months, after the end of each financial year, the commissioner, as chairperson of the committee, must prepare and give to the Minister a report on the committee’s operations for the year.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving it.\ns 77 amd 2009 No.16 s 7; 2010 No. 17 s 17 sch\n(sec.77-ssec.1) As soon as practicable, but within 4 months, after the end of each financial year, the commissioner, as chairperson of the committee, must prepare and give to the Minister a report on the committee’s operations for the year.\n(sec.77-ssec.2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving it.","sortOrder":136},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Membership and conduct of committee proceedings","content":"## Membership and conduct of committee proceedings","sortOrder":137},{"sectionNumber":"sec.78","sectionType":"section","heading":"Membership of committee","content":"### sec.78 Membership of committee\n\nThe committee is to consist of 10 members, 1 of whom is the chairperson.\nThe chairperson of the committee is the commissioner.\ns 78 amd 2007 No. 46 s 7 ; 2009 No.16 s 8 ; 2010 No. 17 s 17 sch ; 2018 No. 28 s 21\n(sec.78-ssec.1) The committee is to consist of 10 members, 1 of whom is the chairperson.\n(sec.78-ssec.2) The chairperson of the committee is the commissioner.","sortOrder":138},{"sectionNumber":"sec.79","sectionType":"section","heading":"Organisations to submit names to Minister","content":"### sec.79 Organisations to submit names to Minister\n\nThe following organisations, within 1 month of being asked to do so by the Minister, may submit a panel of names of individuals experienced in coal mining operations the organisations nominate to be members of the committee—\norganisations representing coal mine operators;\nindustrial organisations representing coal mine workers.\nOnly 1 panel may be submitted by all organisations representing coal mine operators.\nOnly 1 panel may be submitted by all industrial organisations representing coal mine workers.\nEach panel must include 6 or more names.\ns 79 amd 2007 No. 46 s 8 ; 2010 No. 17 s 17 sch\n(sec.79-ssec.1) The following organisations, within 1 month of being asked to do so by the Minister, may submit a panel of names of individuals experienced in coal mining operations the organisations nominate to be members of the committee— organisations representing coal mine operators; industrial organisations representing coal mine workers.\n(sec.79-ssec.2) Only 1 panel may be submitted by all organisations representing coal mine operators.\n(sec.79-ssec.3) Only 1 panel may be submitted by all industrial organisations representing coal mine workers.\n(sec.79-ssec.4) Each panel must include 6 or more names.\n- (a) organisations representing coal mine operators;\n- (b) industrial organisations representing coal mine workers.","sortOrder":139},{"sectionNumber":"sec.80","sectionType":"section","heading":"Appointment of members","content":"### sec.80 Appointment of members\n\nThe Minister must appoint 3 persons from each panel to be members of the committee.\nOne of the persons appointed from the panel submitted by industrial organisations representing coal mine workers must be a member of the industrial organisation that represents the majority of the coal mine workers in Queensland.\nThe chief inspector is to be a member of the committee.\nThe Minister must appoint 2 other inspectors to be members of the committee.\nThe Minister may appoint a person under subsection (1) only if the person is experienced in coal mining operations.\nIn selecting a person for appointment under subsection (1) , the Minister must also consider the following in relation to the person—\nbreadth of experience in the coal mining industry;\ndemonstrated commitment to promoting safety and health standards in the coal mining industry;\npractical knowledge of the coal mining industry and of relevant legislation.\nIf a panel of names is not submitted to the Minister within the stated time, the Minister may appoint 3 persons the Minister considers appropriate to be members of the committee.\nThe members who are not inspectors must be appointed under this Act and not under the Public Sector Act 2022 .\ns 80 amd 2007 No. 46 s 9 ; 2009 No. 25 s 83 sch ; 2010 No. 17 s 17 sch ; 2018 No. 28 s 22 ; 2022 No. 34 s 365 sch 3\n(sec.80-ssec.1) The Minister must appoint 3 persons from each panel to be members of the committee.\n(sec.80-ssec.2) One of the persons appointed from the panel submitted by industrial organisations representing coal mine workers must be a member of the industrial organisation that represents the majority of the coal mine workers in Queensland.\n(sec.80-ssec.3) The chief inspector is to be a member of the committee.\n(sec.80-ssec.3A) The Minister must appoint 2 other inspectors to be members of the committee.\n(sec.80-ssec.4) The Minister may appoint a person under subsection (1) only if the person is experienced in coal mining operations.\n(sec.80-ssec.5) In selecting a person for appointment under subsection (1) , the Minister must also consider the following in relation to the person— breadth of experience in the coal mining industry; demonstrated commitment to promoting safety and health standards in the coal mining industry; practical knowledge of the coal mining industry and of relevant legislation.\n(sec.80-ssec.6) If a panel of names is not submitted to the Minister within the stated time, the Minister may appoint 3 persons the Minister considers appropriate to be members of the committee.\n(sec.80-ssec.7) The members who are not inspectors must be appointed under this Act and not under the Public Sector Act 2022 .\n- (a) breadth of experience in the coal mining industry;\n- (b) demonstrated commitment to promoting safety and health standards in the coal mining industry;\n- (c) practical knowledge of the coal mining industry and of relevant legislation.","sortOrder":140},{"sectionNumber":"sec.81","sectionType":"section","heading":"Duration of appointment","content":"### sec.81 Duration of appointment\n\nA member of the committee may be appointed, or re-appointed, by the Minister under section 80 (1) for a term of not more than 3 years.\ns 81 amd 2007 No. 46 s 10 ; 2010 No. 17 s 17 sch","sortOrder":141},{"sectionNumber":"sec.82","sectionType":"section","heading":"Conditions of appointment","content":"### sec.82 Conditions of appointment\n\nA member of the committee is not entitled to any remuneration, other than the reimbursement of reasonable expenses and travel allowance.\nA member holds office on the conditions not provided by this Act that are decided by the Governor in Council.\ns 82 amd 2010 No. 17 s 20\n(sec.82-ssec.1) A member of the committee is not entitled to any remuneration, other than the reimbursement of reasonable expenses and travel allowance.\n(sec.82-ssec.2) A member holds office on the conditions not provided by this Act that are decided by the Governor in Council.","sortOrder":142},{"sectionNumber":"sec.83","sectionType":"section","heading":"Member ceasing as member","content":"### sec.83 Member ceasing as member\n\nThe office of a member of the committee becomes vacant if the member—\nfinishes a term of office and is not reappointed; or\nresigns by notice of resignation given to the Minister; or\nis absent from 3 consecutive meetings of the committee without leave of the committee and without reasonable excuse; or\nis removed from office by the Minister for any reason or none.\ns 83 amd 2010 No. 17 s 17 sch\n- (a) finishes a term of office and is not reappointed; or\n- (b) resigns by notice of resignation given to the Minister; or\n- (c) is absent from 3 consecutive meetings of the committee without leave of the committee and without reasonable excuse; or\n- (d) is removed from office by the Minister for any reason or none.","sortOrder":143},{"sectionNumber":"sec.83A","sectionType":"section","heading":"Substitute members","content":"### sec.83A Substitute members\n\nThe Minister may appoint 2 persons ( substitute members ) from each panel submitted under section 79 (1) , in addition to the persons appointed under section 80 (1) , to take part in meetings of the committee in place of a member ( original member ) appointed from the same panel.\nOne of the persons appointed from the panel submitted by industrial organisations representing coal mine workers must be a member of the industrial organisation that represents the majority of the coal mine workers in Queensland.\nWhen appointing a substitute member, the Minister must consider the matters mentioned in section 80 (5) (a) , (b) and (c) .\nA substitute member may be appointed, or re-appointed, for a term of not more than 3 years.\nA person stops being a substitute member if, for any reason or none, the Minister gives the person written notification that the person is no longer a substitute member.\nWhile taking part in a meeting in place of an original member, a substitute member is a member of the committee and—\nis not entitled to any remuneration, other than the reimbursement of reasonable expenses and travel allowance; and\nis subject to the conditions, mentioned in section 82 (2) and applying to the original member, that are capable of applying to the substitute member.\ns 83A ins 2007 No. 46 s 11\namd 2010 No. 17 ss 17 sch , 21\n(sec.83A-ssec.1) The Minister may appoint 2 persons ( substitute members ) from each panel submitted under section 79 (1) , in addition to the persons appointed under section 80 (1) , to take part in meetings of the committee in place of a member ( original member ) appointed from the same panel.\n(sec.83A-ssec.2) One of the persons appointed from the panel submitted by industrial organisations representing coal mine workers must be a member of the industrial organisation that represents the majority of the coal mine workers in Queensland.\n(sec.83A-ssec.3) When appointing a substitute member, the Minister must consider the matters mentioned in section 80 (5) (a) , (b) and (c) .\n(sec.83A-ssec.4) A substitute member may be appointed, or re-appointed, for a term of not more than 3 years.\n(sec.83A-ssec.5) A person stops being a substitute member if, for any reason or none, the Minister gives the person written notification that the person is no longer a substitute member.\n(sec.83A-ssec.6) While taking part in a meeting in place of an original member, a substitute member is a member of the committee and— is not entitled to any remuneration, other than the reimbursement of reasonable expenses and travel allowance; and is subject to the conditions, mentioned in section 82 (2) and applying to the original member, that are capable of applying to the substitute member.\n- (a) is not entitled to any remuneration, other than the reimbursement of reasonable expenses and travel allowance; and\n- (b) is subject to the conditions, mentioned in section 82 (2) and applying to the original member, that are capable of applying to the substitute member.","sortOrder":144},{"sectionNumber":"sec.84","sectionType":"section","heading":"Times and places of committee meetings","content":"### sec.84 Times and places of committee meetings\n\nThe committee may hold its meetings at the times and places it decides.\nHowever, the committee must meet at least twice a year.\nThe chairperson—\nmay call a meeting of the committee at any time; and\nmust call a meeting if asked by at least 4 members.\nAlso, the Minister may call a meeting of the committee at any time.\ns 84 amd 2010 No. 17 s 17 sch\n(sec.84-ssec.1) The committee may hold its meetings at the times and places it decides.\n(sec.84-ssec.2) However, the committee must meet at least twice a year.\n(sec.84-ssec.3) The chairperson— may call a meeting of the committee at any time; and must call a meeting if asked by at least 4 members.\n(sec.84-ssec.4) Also, the Minister may call a meeting of the committee at any time.\n- (a) may call a meeting of the committee at any time; and\n- (b) must call a meeting if asked by at least 4 members.","sortOrder":145},{"sectionNumber":"sec.85","sectionType":"section","heading":"Presiding at meetings of the committee","content":"### sec.85 Presiding at meetings of the committee\n\nThe chairperson must preside at all meetings of the committee at which the chairperson is present.\nIn the absence of the chairperson, an inspector nominated by the chairperson presides.\ns 85 amd 2010 No. 17 s 17 sch\n(sec.85-ssec.1) The chairperson must preside at all meetings of the committee at which the chairperson is present.\n(sec.85-ssec.2) In the absence of the chairperson, an inspector nominated by the chairperson presides.","sortOrder":146},{"sectionNumber":"sec.86","sectionType":"section","heading":"Quorum and voting at meetings of the committee","content":"### sec.86 Quorum and voting at meetings of the committee\n\nAt a meeting of the committee—\n4 members constitute a quorum; and\na question must be decided by a majority of the votes of the members present and voting; and\neach member present has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.\nA quorum must include—\na member who represents coal mine operators; and\na member who represents coal mine workers; and\na member who represents inspectors.\ns 86 amd 2010 No. 17 s 17 sch\n(sec.86-ssec.1) At a meeting of the committee— 4 members constitute a quorum; and a question must be decided by a majority of the votes of the members present and voting; and each member present has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.\n(sec.86-ssec.2) A quorum must include— a member who represents coal mine operators; and a member who represents coal mine workers; and a member who represents inspectors.\n- (a) 4 members constitute a quorum; and\n- (b) a question must be decided by a majority of the votes of the members present and voting; and\n- (c) each member present has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.\n- (a) a member who represents coal mine operators; and\n- (b) a member who represents coal mine workers; and\n- (c) a member who represents inspectors.","sortOrder":147},{"sectionNumber":"sec.87","sectionType":"section","heading":"Recommendation to Minister if vote not unanimous","content":"### sec.87 Recommendation to Minister if vote not unanimous\n\nIf the committee gives advice or makes a recommendation to the Minister about a matter, the committee must advise the Minister whether the committee’s decision about the matter was unanimous.\nIf the decision was not unanimous, the committee must advise the Minister of the views of the minority.\ns 87 amd 2010 No. 17 s 17 sch\n(sec.87-ssec.1) If the committee gives advice or makes a recommendation to the Minister about a matter, the committee must advise the Minister whether the committee’s decision about the matter was unanimous.\n(sec.87-ssec.2) If the decision was not unanimous, the committee must advise the Minister of the views of the minority.","sortOrder":148},{"sectionNumber":"sec.88","sectionType":"section","heading":"Taking part in meetings by telephone etc.","content":"### sec.88 Taking part in meetings by telephone etc.\n\nThe committee may permit members to take part in a particular meeting, or all meetings, by any technology permitting contemporaneous communication with other committee members.\nA member who takes part in a meeting of the committee under a permission under subsection (1) is taken to be present at the meeting.\ns 88 amd 2010 No. 17 s 17 sch\n(sec.88-ssec.1) The committee may permit members to take part in a particular meeting, or all meetings, by any technology permitting contemporaneous communication with other committee members.\n(sec.88-ssec.2) A member who takes part in a meeting of the committee under a permission under subsection (1) is taken to be present at the meeting.","sortOrder":149},{"sectionNumber":"sec.89","sectionType":"section","heading":"Resolutions without meetings","content":"### sec.89 Resolutions without meetings\n\nIf at least 6 members of the committee sign a document containing a statement that they are in favour of a resolution stated in the document, the resolution is taken to have been passed at a meeting of the committee held on the day when the last of the members signing the document signs the document.\nHowever, the 6 members must include—\na member who represents coal mine operators; and\na member who represents coal mine workers; and\na member who represents inspectors.\nIf a resolution is, under subsection (1) , taken to have been passed at a committee meeting, each member must be advised immediately of the matter and be given a copy of the terms of the resolution.\nFor subsection (1) , 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more members, are taken to be a single document.\ns 89 amd 2010 No. 17 s 17 sch\n(sec.89-ssec.1) If at least 6 members of the committee sign a document containing a statement that they are in favour of a resolution stated in the document, the resolution is taken to have been passed at a meeting of the committee held on the day when the last of the members signing the document signs the document.\n(sec.89-ssec.2) However, the 6 members must include— a member who represents coal mine operators; and a member who represents coal mine workers; and a member who represents inspectors.\n(sec.89-ssec.3) If a resolution is, under subsection (1) , taken to have been passed at a committee meeting, each member must be advised immediately of the matter and be given a copy of the terms of the resolution.\n(sec.89-ssec.4) For subsection (1) , 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more members, are taken to be a single document.\n- (a) a member who represents coal mine operators; and\n- (b) a member who represents coal mine workers; and\n- (c) a member who represents inspectors.","sortOrder":150},{"sectionNumber":"sec.90","sectionType":"section","heading":"Minutes by the committee","content":"### sec.90 Minutes by the committee\n\nThe committee must keep minutes of its proceedings.\ns 90 amd 2010 No. 17 s 17 sch","sortOrder":151},{"sectionNumber":"sec.91","sectionType":"section","heading":"Subcommittees","content":"### sec.91 Subcommittees\n\nThe committee may appoint subcommittees to advise it on particular issues.\ns 91 sub 2010 No. 17 s 22","sortOrder":152},{"sectionNumber":"pt.7","sectionType":"part","heading":"Site safety and health representatives","content":"# Site safety and health representatives","sortOrder":153},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Purposes of part","content":"## Purposes of part","sortOrder":154},{"sectionNumber":"sec.92","sectionType":"section","heading":"Purposes of pt 7","content":"### sec.92 Purposes of pt 7\n\nThe main purposes of this part are to provide for the election of site safety and health representatives and to state their functions and powers.","sortOrder":155},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Election of site safety and health representatives","content":"## Election of site safety and health representatives","sortOrder":156},{"sectionNumber":"sec.93","sectionType":"section","heading":"Election of site safety and health representatives","content":"### sec.93 Election of site safety and health representatives\n\nThe coal mine workers at a coal mine may elect 1 or 2 of their number to be site safety and health representatives for the coal mine.\nIf there is more than 1 site senior executive at a coal mine, the coal mine workers at each part of the coal mine for which a site senior executive has responsibility may elect 1 or 2 of their number to be site safety and health representatives for each part of the coal mine.\nA site safety and health representative elected under this section is appointed for—\nthe term decided by the coal mine workers; or\nif no term is decided by the coal mine workers—3 years.\nA person elected under this section becomes a site safety and health representative only if the person holds the appropriate safety and health competencies recognised by the committee for a site safety and health representative.\nWhen performing functions or exercising powers under this part, a site safety and health representative is taken to be performing duties as a coal mine worker.\nAn election of a site safety and health representative for a coal mine, or part of a coal mine, under this section may be held only in the circumstances mentioned in section 98A .\ns 93 amd 2010 No. 17 s 17 sch\nsub 2024 No. 34 s 38\n(sec.93-ssec.1) The coal mine workers at a coal mine may elect 1 or 2 of their number to be site safety and health representatives for the coal mine.\n(sec.93-ssec.2) If there is more than 1 site senior executive at a coal mine, the coal mine workers at each part of the coal mine for which a site senior executive has responsibility may elect 1 or 2 of their number to be site safety and health representatives for each part of the coal mine.\n(sec.93-ssec.3) A site safety and health representative elected under this section is appointed for— the term decided by the coal mine workers; or if no term is decided by the coal mine workers—3 years.\n(sec.93-ssec.4) A person elected under this section becomes a site safety and health representative only if the person holds the appropriate safety and health competencies recognised by the committee for a site safety and health representative.\n(sec.93-ssec.5) When performing functions or exercising powers under this part, a site safety and health representative is taken to be performing duties as a coal mine worker.\n(sec.93-ssec.6) An election of a site safety and health representative for a coal mine, or part of a coal mine, under this section may be held only in the circumstances mentioned in section 98A .\n- (a) the term decided by the coal mine workers; or\n- (b) if no term is decided by the coal mine workers—3 years.","sortOrder":157},{"sectionNumber":"sec.94","sectionType":"section","heading":"Further election if site safety and health representative not available","content":"### sec.94 Further election if site safety and health representative not available\n\nIf a site safety and health representative is not available when coal mining operations at a coal mine, or part of a coal mine, are considered unsafe by coal mine workers who are affected by the operations, the affected coal mine workers may elect 2 of their number to inspect the operations.\nThe method of election under subsection (1) must—\nbe decided by the affected coal mine workers; and\nbe as straightforward as practicable, having regard to the need to deal with the coal mining operations that are considered unsafe in a way that is appropriate in the circumstances.\nA coal mine worker elected under subsection (1) is taken to be a site safety and health representative for the period—\na site safety and health representative is not available; and\nthe coal mining operations are considered unsafe by the affected coal mine workers.\ns 94 sub 2024 No. 34 s 38\n(sec.94-ssec.1) If a site safety and health representative is not available when coal mining operations at a coal mine, or part of a coal mine, are considered unsafe by coal mine workers who are affected by the operations, the affected coal mine workers may elect 2 of their number to inspect the operations.\n(sec.94-ssec.2) The method of election under subsection (1) must— be decided by the affected coal mine workers; and be as straightforward as practicable, having regard to the need to deal with the coal mining operations that are considered unsafe in a way that is appropriate in the circumstances.\n(sec.94-ssec.3) A coal mine worker elected under subsection (1) is taken to be a site safety and health representative for the period— a site safety and health representative is not available; and the coal mining operations are considered unsafe by the affected coal mine workers.\n- (a) be decided by the affected coal mine workers; and\n- (b) be as straightforward as practicable, having regard to the need to deal with the coal mining operations that are considered unsafe in a way that is appropriate in the circumstances.\n- (a) a site safety and health representative is not available; and\n- (b) the coal mining operations are considered unsafe by the affected coal mine workers.","sortOrder":158},{"sectionNumber":"sec.95","sectionType":"section","heading":"Person must be qualified to act as site safety and health representative","content":"### sec.95 Person must be qualified to act as site safety and health representative\n\nA person must not act as a site safety and health representative unless the person holds the competencies mentioned in section 93 (4) .\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to a person elected under section 94 (1) .\nA site safety and health representative must perform the functions and exercise the powers of a site safety and health representative under this Act for safety and health purposes and for no other purpose.\nMaximum penalty for subsection (3) —40 penalty units.\ns 95 sub 2024 No. 34 s 38\n(sec.95-ssec.1) A person must not act as a site safety and health representative unless the person holds the competencies mentioned in section 93 (4) . Maximum penalty—40 penalty units.\n(sec.95-ssec.2) Subsection (1) does not apply to a person elected under section 94 (1) .\n(sec.95-ssec.3) A site safety and health representative must perform the functions and exercise the powers of a site safety and health representative under this Act for safety and health purposes and for no other purpose. Maximum penalty for subsection (3) —40 penalty units.","sortOrder":159},{"sectionNumber":"sec.96","sectionType":"section","heading":"Ceasing to be site safety and health representative","content":"### sec.96 Ceasing to be site safety and health representative\n\nA coal mine worker for a coal mine, or part of a coal mine, stops being a site safety and health representative if the worker—\ntells the site senior executive for the coal mine that the worker resigns as site safety and health representative; or\nstops being a coal mine worker at the coal mine, or part of the coal mine; or\nis removed from office by a vote of a majority of coal mine workers at the coal mine, or part of the coal mine, as notified in writing to the site senior executive for the coal mine.\ns 96 sub 2024 No. 34 s 38\n- (a) tells the site senior executive for the coal mine that the worker resigns as site safety and health representative; or\n- (b) stops being a coal mine worker at the coal mine, or part of the coal mine; or\n- (c) is removed from office by a vote of a majority of coal mine workers at the coal mine, or part of the coal mine, as notified in writing to the site senior executive for the coal mine.","sortOrder":160},{"sectionNumber":"sec.97","sectionType":"section","heading":"Removal from office by Minister","content":"### sec.97 Removal from office by Minister\n\nThe Minister may remove a site safety and health representative from office by notice if the Minister considers the representative is not performing the representative’s functions satisfactorily.\nThe notice must contain the Minister’s reasons for removing the site safety and health representative from office.\n(sec.97-ssec.1) The Minister may remove a site safety and health representative from office by notice if the Minister considers the representative is not performing the representative’s functions satisfactorily.\n(sec.97-ssec.2) The notice must contain the Minister’s reasons for removing the site safety and health representative from office.","sortOrder":161},{"sectionNumber":"sec.98","sectionType":"section","heading":"Election after removal from office","content":"### sec.98 Election after removal from office\n\nIf a site safety and health representative is removed from office by the Minister, another site safety and health representative may be elected under this division.\nHowever, another person must not be elected to be a site safety and health representative until after—\nthe time for filing an appeal under part 14 , division 1 has ended; or\nif an appeal against the Minister’s decision has been filed—an Industrial Magistrates Court has confirmed the Minister’s decision to remove the site safety and health representative.\nThe provisions of this division apply to the election.\n(sec.98-ssec.1) If a site safety and health representative is removed from office by the Minister, another site safety and health representative may be elected under this division.\n(sec.98-ssec.2) However, another person must not be elected to be a site safety and health representative until after— the time for filing an appeal under part 14 , division 1 has ended; or if an appeal against the Minister’s decision has been filed—an Industrial Magistrates Court has confirmed the Minister’s decision to remove the site safety and health representative.\n(sec.98-ssec.3) The provisions of this division apply to the election.\n- (a) the time for filing an appeal under part 14 , division 1 has ended; or\n- (b) if an appeal against the Minister’s decision has been filed—an Industrial Magistrates Court has confirmed the Minister’s decision to remove the site safety and health representative.","sortOrder":162},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Process for election of site safety and health representatives","content":"## Process for election of site safety and health representatives","sortOrder":163},{"sectionNumber":"sec.98A","sectionType":"section","heading":"When election must be held","content":"### sec.98A When election must be held\n\nAn election of a site safety and health representative for a coal mine, or part of a coal mine, must be held if—\nthe office of a site safety and health representative for the coal mine, or part of the coal mine, becomes vacant or will become vacant before the election; and\na coal mine worker for the coal mine, or part of the coal mine, asks the site senior executive for the coal mine, or part of the coal mine, in writing, for an election to be conducted by an entity mentioned in section 98B (1) .\ns 98A ins 2024 No. 34 s 39\n- (a) the office of a site safety and health representative for the coal mine, or part of the coal mine, becomes vacant or will become vacant before the election; and\n- (b) a coal mine worker for the coal mine, or part of the coal mine, asks the site senior executive for the coal mine, or part of the coal mine, in writing, for an election to be conducted by an entity mentioned in section 98B (1) .","sortOrder":164},{"sectionNumber":"sec.98B","sectionType":"section","heading":"Who is to conduct election","content":"### sec.98B Who is to conduct election\n\nAn election for a site safety and health representative for a coal mine, or part of a coal mine, must be conducted by 1 or more of the following entities—\n1 or more involved unions for the election;\nthe site senior executive for the coal mine, or part of the coal mine;\nan appropriately qualified entity appointed by an entity mentioned in paragraph (a) or (b) .\nThe site senior executive for the coal mine, or part of the coal mine, and any involved union for the election must use all reasonable endeavours, during the period of 7 days starting on the day of the election trigger, to agree on which of the entities mentioned in subsection (1) is to conduct the election.\nIf the site senior executive for the coal mine, or part of the coal mine, and any involved union for the election can not reach agreement under subsection (2) , the election must be conducted—\nby an appropriately qualified entity appointed by the chief inspector; and\nas soon as practicable after the end of the 7-day period mentioned in subsection (2) .\nIf an involved union for the election participates in the conduct of the election, the election must be conducted by secret ballot under—\nthe fair rules of the involved union or, if more than 1 involved union participates in the conduct of the election, the fair rules agreed to by each of the involved unions; or\notherwise—the process prescribed by regulation.\nIf an involved union for the election does not participate in the conduct of the election, the election must be conducted by secret ballot under the process prescribed by regulation.\nThe reasonable costs of the election are to be paid by the coal mine operator.\nTo remove any doubt, it is declared that nothing in this section compels an entity to conduct, or jointly conduct, an election of a site safety and health representative.\nIn this section—\nCommonwealth industrial association means an industrial association under the Fair Work Act 2009 (Cwlth) , section 12 .\nelection trigger , for an election, means the making of a request for the election by a coal mine worker under section 98A (b) .\ninvolved union , for an election, means an industrial organisation, or Commonwealth industrial association, whose membership includes a coal mine worker entitled to vote in the election.\ns 98 B ins 2024 No. 34 s 39\n(sec.98B-ssec.1) An election for a site safety and health representative for a coal mine, or part of a coal mine, must be conducted by 1 or more of the following entities— 1 or more involved unions for the election; the site senior executive for the coal mine, or part of the coal mine; an appropriately qualified entity appointed by an entity mentioned in paragraph (a) or (b) .\n(sec.98B-ssec.2) The site senior executive for the coal mine, or part of the coal mine, and any involved union for the election must use all reasonable endeavours, during the period of 7 days starting on the day of the election trigger, to agree on which of the entities mentioned in subsection (1) is to conduct the election.\n(sec.98B-ssec.3) If the site senior executive for the coal mine, or part of the coal mine, and any involved union for the election can not reach agreement under subsection (2) , the election must be conducted— by an appropriately qualified entity appointed by the chief inspector; and as soon as practicable after the end of the 7-day period mentioned in subsection (2) .\n(sec.98B-ssec.4) If an involved union for the election participates in the conduct of the election, the election must be conducted by secret ballot under— the fair rules of the involved union or, if more than 1 involved union participates in the conduct of the election, the fair rules agreed to by each of the involved unions; or otherwise—the process prescribed by regulation.\n(sec.98B-ssec.5) If an involved union for the election does not participate in the conduct of the election, the election must be conducted by secret ballot under the process prescribed by regulation.\n(sec.98B-ssec.6) The reasonable costs of the election are to be paid by the coal mine operator.\n(sec.98B-ssec.7) To remove any doubt, it is declared that nothing in this section compels an entity to conduct, or jointly conduct, an election of a site safety and health representative.\n(sec.98B-ssec.8) In this section— Commonwealth industrial association means an industrial association under the Fair Work Act 2009 (Cwlth) , section 12 . election trigger , for an election, means the making of a request for the election by a coal mine worker under section 98A (b) . involved union , for an election, means an industrial organisation, or Commonwealth industrial association, whose membership includes a coal mine worker entitled to vote in the election.\n- (a) 1 or more involved unions for the election;\n- (b) the site senior executive for the coal mine, or part of the coal mine;\n- (c) an appropriately qualified entity appointed by an entity mentioned in paragraph (a) or (b) .\n- (a) by an appropriately qualified entity appointed by the chief inspector; and\n- (b) as soon as practicable after the end of the 7-day period mentioned in subsection (2) .\n- (a) the fair rules of the involved union or, if more than 1 involved union participates in the conduct of the election, the fair rules agreed to by each of the involved unions; or\n- (b) otherwise—the process prescribed by regulation.","sortOrder":165},{"sectionNumber":"sec.98C","sectionType":"section","heading":"Obligations of entity or entities conducting election","content":"### sec.98C Obligations of entity or entities conducting election\n\nAn entity conducting an election under section 98B must ensure the election is—\nsupervised by a person who has had formal training as a returning officer; and\nconducted under fair procedures that give each elector an equal opportunity to freely vote in the election.\ns 98C ins 2024 No. 34 s 39\n- (a) supervised by a person who has had formal training as a returning officer; and\n- (b) conducted under fair procedures that give each elector an equal opportunity to freely vote in the election.","sortOrder":166},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Functions and powers of site safety and health representatives","content":"## Functions and powers of site safety and health representatives","sortOrder":167},{"sectionNumber":"sec.99","sectionType":"section","heading":"Functions of site safety and health representatives","content":"### sec.99 Functions of site safety and health representatives\n\nA site safety and health representative for a coal mine has the following functions—\nto inspect the coal mine to assess whether the level of risk to coal mine workers is at an acceptable level;\nto review procedures in place at the coal mine to control the risk to coal mine workers so that it is at an acceptable level;\nto detect unsafe practices and conditions at the coal mine and to take action to ensure the risk to coal mine workers is at an acceptable level;\nto investigate complaints from coal mine workers at the mine regarding safety or health.\nThe site senior executive and supervisors at the coal mine must give reasonable help to a site safety and health representative in carrying out the representative’s functions.\nMaximum penalty—40 penalty units.\nThe site senior executive or the site senior executive’s representative may accompany the site safety and health representative during an inspection.\nA site safety and health representative who makes an inspection of the coal mine must—\nmake a written report on the inspection; and\ngive a copy of the report to the site senior executive; and\nif the inspection indicates the existence or possible existence of danger, immediately—\nnotify the site senior executive or the responsible supervisor; and\nsend a copy of the report to an inspector.\nIf a site safety and health representative believes a safety and health management system is inadequate or ineffective, the representative must inform the site senior executive.\nIf the site safety and health representative is not satisfied the site senior executive is taking the action necessary to make the safety and health management system adequate and effective, the representative must advise an inspector.\nThe inspector must investigate the matter and report the results of the investigation in the mine record.\n(sec.99-ssec.1) A site safety and health representative for a coal mine has the following functions— to inspect the coal mine to assess whether the level of risk to coal mine workers is at an acceptable level; to review procedures in place at the coal mine to control the risk to coal mine workers so that it is at an acceptable level; to detect unsafe practices and conditions at the coal mine and to take action to ensure the risk to coal mine workers is at an acceptable level; to investigate complaints from coal mine workers at the mine regarding safety or health.\n(sec.99-ssec.2) The site senior executive and supervisors at the coal mine must give reasonable help to a site safety and health representative in carrying out the representative’s functions. Maximum penalty—40 penalty units.\n(sec.99-ssec.3) The site senior executive or the site senior executive’s representative may accompany the site safety and health representative during an inspection.\n(sec.99-ssec.4) A site safety and health representative who makes an inspection of the coal mine must— make a written report on the inspection; and give a copy of the report to the site senior executive; and if the inspection indicates the existence or possible existence of danger, immediately— notify the site senior executive or the responsible supervisor; and send a copy of the report to an inspector.\n(sec.99-ssec.5) If a site safety and health representative believes a safety and health management system is inadequate or ineffective, the representative must inform the site senior executive.\n(sec.99-ssec.6) If the site safety and health representative is not satisfied the site senior executive is taking the action necessary to make the safety and health management system adequate and effective, the representative must advise an inspector.\n(sec.99-ssec.7) The inspector must investigate the matter and report the results of the investigation in the mine record.\n- (a) to inspect the coal mine to assess whether the level of risk to coal mine workers is at an acceptable level;\n- (b) to review procedures in place at the coal mine to control the risk to coal mine workers so that it is at an acceptable level;\n- (c) to detect unsafe practices and conditions at the coal mine and to take action to ensure the risk to coal mine workers is at an acceptable level;\n- (d) to investigate complaints from coal mine workers at the mine regarding safety or health.\n- (a) make a written report on the inspection; and\n- (b) give a copy of the report to the site senior executive; and\n- (c) if the inspection indicates the existence or possible existence of danger, immediately— (i) notify the site senior executive or the responsible supervisor; and (ii) send a copy of the report to an inspector.\n- (i) notify the site senior executive or the responsible supervisor; and\n- (ii) send a copy of the report to an inspector.\n- (i) notify the site senior executive or the responsible supervisor; and\n- (ii) send a copy of the report to an inspector.","sortOrder":168},{"sectionNumber":"sec.100","sectionType":"section","heading":"Powers of site safety and health representative","content":"### sec.100 Powers of site safety and health representative\n\nA site safety and health representative for a coal mine has the following powers—\nto enter any area of the coal mine at any time to carry out the functions of the site safety and health representative, if reasonable notice is given to the site senior executive for the mine or the site senior executive’s representative;\nto examine any documents relevant to safety and health held by the site senior executive under this Act, if the site safety and health representative has reason to believe the documents contain information required to assess whether procedures are in place at the coal mine to achieve an acceptable level of risk to the coal mine workers;\nto copy, or to obtain from the site senior executive within a stated reasonable period a copy of, a document mentioned in paragraph (b) ;\nto require the site senior executive to give the site safety and health representative reasonable help to exercise the site safety and health representative’s powers under paragraphs (b) and (c) .\nIf a site safety and health representative asks to copy a document under subsection (1) (c) , the site senior executive must give access to the document as soon as reasonably practicable after being asked, unless the site senior executive has a reasonable excuse.\nMaximum penalty—100 penalty units.\nA site senior executive for a coal mine who is required in a stated reasonable way to help a site safety and health representative under subsection (1) (d) must comply with the requirement.\nMaximum penalty—100 penalty units.\ns 100 amd 2024 No. 34 s 40\n(sec.100-ssec.1) A site safety and health representative for a coal mine has the following powers— to enter any area of the coal mine at any time to carry out the functions of the site safety and health representative, if reasonable notice is given to the site senior executive for the mine or the site senior executive’s representative; to examine any documents relevant to safety and health held by the site senior executive under this Act, if the site safety and health representative has reason to believe the documents contain information required to assess whether procedures are in place at the coal mine to achieve an acceptable level of risk to the coal mine workers; to copy, or to obtain from the site senior executive within a stated reasonable period a copy of, a document mentioned in paragraph (b) ; to require the site senior executive to give the site safety and health representative reasonable help to exercise the site safety and health representative’s powers under paragraphs (b) and (c) .\n(sec.100-ssec.2) If a site safety and health representative asks to copy a document under subsection (1) (c) , the site senior executive must give access to the document as soon as reasonably practicable after being asked, unless the site senior executive has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.100-ssec.3) A site senior executive for a coal mine who is required in a stated reasonable way to help a site safety and health representative under subsection (1) (d) must comply with the requirement. Maximum penalty—100 penalty units.\n- (a) to enter any area of the coal mine at any time to carry out the functions of the site safety and health representative, if reasonable notice is given to the site senior executive for the mine or the site senior executive’s representative;\n- (b) to examine any documents relevant to safety and health held by the site senior executive under this Act, if the site safety and health representative has reason to believe the documents contain information required to assess whether procedures are in place at the coal mine to achieve an acceptable level of risk to the coal mine workers;\n- (c) to copy, or to obtain from the site senior executive within a stated reasonable period a copy of, a document mentioned in paragraph (b) ;\n- (d) to require the site senior executive to give the site safety and health representative reasonable help to exercise the site safety and health representative’s powers under paragraphs (b) and (c) .","sortOrder":169},{"sectionNumber":"sec.101","sectionType":"section","heading":"Stopping of operations by site safety and health representatives","content":"### sec.101 Stopping of operations by site safety and health representatives\n\nThis section applies if a site safety and health representative reasonably believes a danger to the safety or health of coal mine workers exists because of coal mining operations.\nThe site safety and health representative may, by written report to the site senior executive for the coal mine stating the reasons for the representative’s belief, order the suspension of coal mining operations.\nThe site safety and health representative must give a copy of the written report given to the site senior executive under subsection (2) to—\nan inspector; and\nan industry safety and health representative.\nIf the site safety and health representative reasonably believes there is immediate danger to the safety and health of coal mine workers from coal mining operations, the representative may—\nstop the operations and immediately advise the supervisor in charge of the operations; or\nrequire the supervisor in charge of the operations to stop the operations.\nThe site safety and health representative must give a written report about any action taken under subsection (4) and the reasons for the action to each of the following persons—\nthe site senior executive for the coal mine;\nan inspector;\nan industry safety and health representative.\ns 101 amd 2024 No. 34 s 41\n(sec.101-ssec.1) This section applies if a site safety and health representative reasonably believes a danger to the safety or health of coal mine workers exists because of coal mining operations.\n(sec.101-ssec.2) The site safety and health representative may, by written report to the site senior executive for the coal mine stating the reasons for the representative’s belief, order the suspension of coal mining operations.\n(sec.101-ssec.3) The site safety and health representative must give a copy of the written report given to the site senior executive under subsection (2) to— an inspector; and an industry safety and health representative.\n(sec.101-ssec.4) If the site safety and health representative reasonably believes there is immediate danger to the safety and health of coal mine workers from coal mining operations, the representative may— stop the operations and immediately advise the supervisor in charge of the operations; or require the supervisor in charge of the operations to stop the operations.\n(sec.101-ssec.5) The site safety and health representative must give a written report about any action taken under subsection (4) and the reasons for the action to each of the following persons— the site senior executive for the coal mine; an inspector; an industry safety and health representative.\n- (a) an inspector; and\n- (b) an industry safety and health representative.\n- (a) stop the operations and immediately advise the supervisor in charge of the operations; or\n- (b) require the supervisor in charge of the operations to stop the operations.\n- (a) the site senior executive for the coal mine;\n- (b) an inspector;\n- (c) an industry safety and health representative.","sortOrder":170},{"sectionNumber":"sec.102","sectionType":"section","heading":"Effect of report","content":"### sec.102 Effect of report\n\nIf the site senior executive receives a report under section 101 (2) , the site senior executive must stop the coal mining operations mentioned in the report.\nMaximum penalty—200 penalty units.","sortOrder":171},{"sectionNumber":"sec.103","sectionType":"section","heading":"Site senior executive not to restart operations until risk at an acceptable level","content":"### sec.103 Site senior executive not to restart operations until risk at an acceptable level\n\nThe site senior executive must ensure that the coal mining operations stopped under section 101 are not restarted until the risk to coal mine workers from the operations is at an acceptable level.\nMaximum penalty—200 penalty units.","sortOrder":172},{"sectionNumber":"sec.104","sectionType":"section","heading":"Site safety and health representative not to unnecessarily impede production","content":"### sec.104 Site safety and health representative not to unnecessarily impede production\n\nA site safety and health representative must not unnecessarily impede production at a coal mine when exercising the representative’s powers or performing the representative’s functions.\nMaximum penalty—200 penalty units.","sortOrder":173},{"sectionNumber":"sec.105","sectionType":"section","heading":"Protection of site safety and health representatives performing functions","content":"### sec.105 Protection of site safety and health representatives performing functions\n\nA coal mine operator, site senior executive, contractor or other supervisor must not—\nprevent or attempt to prevent a site safety and health representative from performing the representative’s functions; or\npenalise a site safety and health representative for performing the representative’s functions.\nMaximum penalty—200 penalty units.\ns 105 amd 2024 No. 34 s 42\n- (a) prevent or attempt to prevent a site safety and health representative from performing the representative’s functions; or\n- (b) penalise a site safety and health representative for performing the representative’s functions.","sortOrder":174},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":"Obligations of site senior executives","content":"## Obligations of site senior executives","sortOrder":175},{"sectionNumber":"sec.106","sectionType":"section","heading":"Site senior executive to tell site safety and health representatives about certain things","content":"### sec.106 Site senior executive to tell site safety and health representatives about certain things\n\nA site senior executive for a coal mine must tell a site safety and health representative at the mine about the following things—\nan injury or illness to a person from coal mining operations that causes an absence from work of the person;\na high potential incident happening at the coal mine;\nany proposed changes to the coal mine, or plant or substances used at the coal mine, that affect, or may affect, the safety and health of persons at the mine;\nthe presence of an inspector or inspection officer at the coal mine if the representative is at the mine;\na directive given by an inspector, inspection officer or industry safety and health representative about a matter.\nMaximum penalty—40 penalty units.\nFor subsection (1) , the site senior executive must tell each representative as soon as practicable after the thing comes to the site senior executive’s knowledge.\n(sec.106-ssec.1) A site senior executive for a coal mine must tell a site safety and health representative at the mine about the following things— an injury or illness to a person from coal mining operations that causes an absence from work of the person; a high potential incident happening at the coal mine; any proposed changes to the coal mine, or plant or substances used at the coal mine, that affect, or may affect, the safety and health of persons at the mine; the presence of an inspector or inspection officer at the coal mine if the representative is at the mine; a directive given by an inspector, inspection officer or industry safety and health representative about a matter. Maximum penalty—40 penalty units.\n(sec.106-ssec.2) For subsection (1) , the site senior executive must tell each representative as soon as practicable after the thing comes to the site senior executive’s knowledge.\n- (a) an injury or illness to a person from coal mining operations that causes an absence from work of the person;\n- (b) a high potential incident happening at the coal mine;\n- (c) any proposed changes to the coal mine, or plant or substances used at the coal mine, that affect, or may affect, the safety and health of persons at the mine;\n- (d) the presence of an inspector or inspection officer at the coal mine if the representative is at the mine;\n- (e) a directive given by an inspector, inspection officer or industry safety and health representative about a matter.","sortOrder":176},{"sectionNumber":"sec.107","sectionType":"section","heading":"Site senior executive to display identity of site safety and health representatives","content":"### sec.107 Site senior executive to display identity of site safety and health representatives\n\nA site senior executive for a coal mine must display a notice as required under subsections (2) to (4) for each site safety and health representative for the mine.\nMaximum penalty—40 penalty units.\nThe notice must—\nstate the name of the site safety and health representative; and\nstate the preferred contact details of the representative; and\ncontain a recent photograph of the representative.\nThe site senior executive must display the notice within 5 days after the site senior executive is notified of the representative’s election.\nThe site senior executive must display the notice in 1 or more conspicuous positions at the mine in a way likely to come to the attention of workers at the mine.\nnear the mine record, in the crib rooms\nIn this section—\npreferred contact details , of a site safety and health representative, means the telephone number and email address by which the representative prefers to be contacted about safety and health matters.\ns 107 amd 2024 No. 34 s 44\n(sec.107-ssec.1) A site senior executive for a coal mine must display a notice as required under subsections (2) to (4) for each site safety and health representative for the mine. Maximum penalty—40 penalty units.\n(sec.107-ssec.2) The notice must— state the name of the site safety and health representative; and state the preferred contact details of the representative; and contain a recent photograph of the representative.\n(sec.107-ssec.3) The site senior executive must display the notice within 5 days after the site senior executive is notified of the representative’s election.\n(sec.107-ssec.4) The site senior executive must display the notice in 1 or more conspicuous positions at the mine in a way likely to come to the attention of workers at the mine. near the mine record, in the crib rooms\n(sec.107-ssec.5) In this section— preferred contact details , of a site safety and health representative, means the telephone number and email address by which the representative prefers to be contacted about safety and health matters.\n- (a) state the name of the site safety and health representative; and\n- (b) state the preferred contact details of the representative; and\n- (c) contain a recent photograph of the representative.","sortOrder":177},{"sectionNumber":"pt.8","sectionType":"part","heading":"Industry safety and health representatives","content":"# Industry safety and health representatives","sortOrder":178},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Purposes of part","content":"## Purposes of part","sortOrder":179},{"sectionNumber":"sec.108","sectionType":"section","heading":"Purposes of pt 8","content":"### sec.108 Purposes of pt 8\n\nThe main purposes of this part are to provide for the appointment of industry safety and health representatives and to state their functions and powers.","sortOrder":180},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Industry safety and health representatives","content":"## Industry safety and health representatives","sortOrder":181},{"sectionNumber":"sec.109","sectionType":"section","heading":"Appointment of industry safety and health representatives","content":"### sec.109 Appointment of industry safety and health representatives\n\nThe union may, after a ballot of its members, appoint up to 3 persons to be industry safety and health representatives.\nThe persons appointed must be holders of both of the following board qualifications—\na first or second class certificate of competency or a deputy’s certificate of competency;\nthe practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\nThe term of the appointment must not be more than 4 years.\ns 109 amd 2024 No. 34 s 45\n(sec.109-ssec.1) The union may, after a ballot of its members, appoint up to 3 persons to be industry safety and health representatives.\n(sec.109-ssec.2) The persons appointed must be holders of both of the following board qualifications— a first or second class certificate of competency or a deputy’s certificate of competency; the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .\n(sec.109-ssec.3) The term of the appointment must not be more than 4 years.\n- (a) a first or second class certificate of competency or a deputy’s certificate of competency;\n- (b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a) .","sortOrder":182},{"sectionNumber":"sec.110","sectionType":"section","heading":"Industry safety and health representative to work full-time","content":"### sec.110 Industry safety and health representative to work full-time\n\nAn industry safety and health representative must work full-time in that capacity performing the functions of an industry safety and health representative.","sortOrder":183},{"sectionNumber":"sec.111","sectionType":"section","heading":"Funding of industry safety and health representative","content":"### sec.111 Funding of industry safety and health representative\n\nThe union must fund the industry safety and health representative for the representative’s term as industry safety and health representative.","sortOrder":184},{"sectionNumber":"sec.112","sectionType":"section","heading":"Termination of appointment","content":"### sec.112 Termination of appointment\n\nThe Minister may end the appointment of an industry safety and health representative by notice if the Minister considers the representative is not performing the representative’s functions satisfactorily.\nThe notice must contain the Minister’s reasons for ending the appointment of the industry safety and health representative.\n(sec.112-ssec.1) The Minister may end the appointment of an industry safety and health representative by notice if the Minister considers the representative is not performing the representative’s functions satisfactorily.\n(sec.112-ssec.2) The notice must contain the Minister’s reasons for ending the appointment of the industry safety and health representative.","sortOrder":185},{"sectionNumber":"sec.113","sectionType":"section","heading":"Appointment after termination","content":"### sec.113 Appointment after termination\n\nIf a person’s appointment as industry safety and health representative is ended by the Minister, the union may appoint another person to be industry safety and health representative.\nHowever, the union must not appoint another person to be an industry safety and health representative unless—\nthe time for filing an appeal under part 14 , division 1 has ended; or\nif an appeal against the Minister’s decision has been filed, an Industrial Magistrates Court has confirmed the Minister’s decision to end the appointment of the industry safety and health representative.\nThe provisions of this division about appointment apply to the appointment.\n(sec.113-ssec.1) If a person’s appointment as industry safety and health representative is ended by the Minister, the union may appoint another person to be industry safety and health representative.\n(sec.113-ssec.2) However, the union must not appoint another person to be an industry safety and health representative unless— the time for filing an appeal under part 14 , division 1 has ended; or if an appeal against the Minister’s decision has been filed, an Industrial Magistrates Court has confirmed the Minister’s decision to end the appointment of the industry safety and health representative.\n(sec.113-ssec.3) The provisions of this division about appointment apply to the appointment.\n- (a) the time for filing an appeal under part 14 , division 1 has ended; or\n- (b) if an appeal against the Minister’s decision has been filed, an Industrial Magistrates Court has confirmed the Minister’s decision to end the appointment of the industry safety and health representative.","sortOrder":186},{"sectionNumber":"sec.114","sectionType":"section","heading":"Filling of temporary vacancy","content":"### sec.114 Filling of temporary vacancy\n\nIf a person is temporarily unable to perform the functions of an industry safety and health representative, the union may appoint a substitute for the period the person is unable to perform the functions.\nThe provisions of this division about appointment apply to the appointment.\n(sec.114-ssec.1) If a person is temporarily unable to perform the functions of an industry safety and health representative, the union may appoint a substitute for the period the person is unable to perform the functions.\n(sec.114-ssec.2) The provisions of this division about appointment apply to the appointment.","sortOrder":187},{"sectionNumber":"sec.115","sectionType":"section","heading":"Vacancy generally","content":"### sec.115 Vacancy generally\n\nThe position of industry safety and health representative becomes vacant if the representative—\nfinishes a term and is not reappointed; or\nresigns by notice of resignation given to the Minister; or\nhas the representative’s appointment terminated by the Minister.\n- (a) finishes a term and is not reappointed; or\n- (b) resigns by notice of resignation given to the Minister; or\n- (c) has the representative’s appointment terminated by the Minister.","sortOrder":188},{"sectionNumber":"sec.116","sectionType":"section","heading":"Persons not to pretend to be industry safety and health representatives if not appointed","content":"### sec.116 Persons not to pretend to be industry safety and health representatives if not appointed\n\nA person not appointed as an industry safety and health representative must not pretend to be an industry safety and health representative.\nMaximum penalty—40 penalty units.","sortOrder":189},{"sectionNumber":"sec.117","sectionType":"section","heading":"Industry safety and health representative restricted to safety and health purposes","content":"### sec.117 Industry safety and health representative restricted to safety and health purposes\n\nAn industry safety and health representative must not perform a function or exercise a power of an industry safety and health representative under this Act for a purpose other than a safety and health purpose.\nMaximum penalty—40 penalty units.","sortOrder":190},{"sectionNumber":"sec.118","sectionType":"section","heading":"Functions of industry safety and health representatives","content":"### sec.118 Functions of industry safety and health representatives\n\nAn industry safety and health representative has the following functions—\nto inspect coal mines to assess whether the level of risk to the safety and health of coal mine workers is at an acceptable level;\nto review procedures in place at coal mines to control the risk to safety and health of coal mine workers so that it is at an acceptable level;\nto detect unsafe practices and conditions at coal mines and to take action to ensure the risk to the safety and health of coal mine workers is at an acceptable level;\nto participate in investigations into serious accidents and high potential incidents and other matters related to safety or health at coal mines;\nto investigate complaints from coal mine workers regarding safety or health at coal mines;\nto help in relation to initiatives to improve safety or health at coal mines.\nThe following persons may accompany the industry safety and health representative during an inspection—\nthe site senior executive or a person representing the site senior executive;\na site safety and health representative or a person representing the site safety and health representative.\n(sec.118-ssec.1) An industry safety and health representative has the following functions— to inspect coal mines to assess whether the level of risk to the safety and health of coal mine workers is at an acceptable level; to review procedures in place at coal mines to control the risk to safety and health of coal mine workers so that it is at an acceptable level; to detect unsafe practices and conditions at coal mines and to take action to ensure the risk to the safety and health of coal mine workers is at an acceptable level; to participate in investigations into serious accidents and high potential incidents and other matters related to safety or health at coal mines; to investigate complaints from coal mine workers regarding safety or health at coal mines; to help in relation to initiatives to improve safety or health at coal mines.\n(sec.118-ssec.2) The following persons may accompany the industry safety and health representative during an inspection— the site senior executive or a person representing the site senior executive; a site safety and health representative or a person representing the site safety and health representative.\n- (a) to inspect coal mines to assess whether the level of risk to the safety and health of coal mine workers is at an acceptable level;\n- (b) to review procedures in place at coal mines to control the risk to safety and health of coal mine workers so that it is at an acceptable level;\n- (c) to detect unsafe practices and conditions at coal mines and to take action to ensure the risk to the safety and health of coal mine workers is at an acceptable level;\n- (d) to participate in investigations into serious accidents and high potential incidents and other matters related to safety or health at coal mines;\n- (e) to investigate complaints from coal mine workers regarding safety or health at coal mines;\n- (f) to help in relation to initiatives to improve safety or health at coal mines.\n- (a) the site senior executive or a person representing the site senior executive;\n- (b) a site safety and health representative or a person representing the site safety and health representative.","sortOrder":191},{"sectionNumber":"sec.119","sectionType":"section","heading":"Powers of industry safety and health representatives","content":"### sec.119 Powers of industry safety and health representatives\n\nAn industry safety and health representative has the following powers—\nto make inquiries about the operations of coal mines relevant to the safety or health of coal mine workers;\nto enter any part of a coal mine at any time to carry out the representative’s functions;\nto examine any documents relevant to safety and health held by persons with obligations under this Act, if the representative has reason to believe the documents contain information required to assess whether procedures are in place at a coal mine to achieve an acceptable level of risk to coal mine workers;\nto examine safety and health management system documents, including principal hazard management plans, standard operating procedures and training records;\nto copy a document mentioned in paragraph (c) or (d) ;\nto require the site senior executive for a coal mine to give the representative within a stated reasonable period and by a stated reasonable way, including, for example, by email, a copy of any document mentioned in paragraph (c) or (d) ;\nto require the person in control or temporarily in control of a coal mine to give the representative reasonable help in a stated reasonable way in the exercise of a power under any of paragraphs (a) to (f) ;\nto issue a directive under section 163 .\nA person in control or temporarily in control of a coal mine required to help the industry safety and health representative under subsection (1) (g) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf an industry safety and health representative asks a person to give access to a document to enable the representative to examine the document under subsection (1) (c) or (d) , or to copy the document under subsection (1) (e) , the person must give access to the document as soon as reasonably practicable after being asked, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 119 amd 2024 No. 34 s 46\n(sec.119-ssec.1) An industry safety and health representative has the following powers— to make inquiries about the operations of coal mines relevant to the safety or health of coal mine workers; to enter any part of a coal mine at any time to carry out the representative’s functions; to examine any documents relevant to safety and health held by persons with obligations under this Act, if the representative has reason to believe the documents contain information required to assess whether procedures are in place at a coal mine to achieve an acceptable level of risk to coal mine workers; to examine safety and health management system documents, including principal hazard management plans, standard operating procedures and training records; to copy a document mentioned in paragraph (c) or (d) ; to require the site senior executive for a coal mine to give the representative within a stated reasonable period and by a stated reasonable way, including, for example, by email, a copy of any document mentioned in paragraph (c) or (d) ; to require the person in control or temporarily in control of a coal mine to give the representative reasonable help in a stated reasonable way in the exercise of a power under any of paragraphs (a) to (f) ; to issue a directive under section 163 .\n(sec.119-ssec.2) A person in control or temporarily in control of a coal mine required to help the industry safety and health representative under subsection (1) (g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.119-ssec.3) If an industry safety and health representative asks a person to give access to a document to enable the representative to examine the document under subsection (1) (c) or (d) , or to copy the document under subsection (1) (e) , the person must give access to the document as soon as reasonably practicable after being asked, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n- (a) to make inquiries about the operations of coal mines relevant to the safety or health of coal mine workers;\n- (b) to enter any part of a coal mine at any time to carry out the representative’s functions;\n- (c) to examine any documents relevant to safety and health held by persons with obligations under this Act, if the representative has reason to believe the documents contain information required to assess whether procedures are in place at a coal mine to achieve an acceptable level of risk to coal mine workers;\n- (d) to examine safety and health management system documents, including principal hazard management plans, standard operating procedures and training records;\n- (e) to copy a document mentioned in paragraph (c) or (d) ;\n- (f) to require the site senior executive for a coal mine to give the representative within a stated reasonable period and by a stated reasonable way, including, for example, by email, a copy of any document mentioned in paragraph (c) or (d) ;\n- (g) to require the person in control or temporarily in control of a coal mine to give the representative reasonable help in a stated reasonable way in the exercise of a power under any of paragraphs (a) to (f) ;\n- (h) to issue a directive under section 163 .","sortOrder":192},{"sectionNumber":"sec.120","sectionType":"section","heading":"Industry safety and health representative not to unnecessarily impede production","content":"### sec.120 Industry safety and health representative not to unnecessarily impede production\n\nAn industry safety and health representative must not unnecessarily impede production at a coal mine when exercising the representative’s powers or performing the representative’s functions.\nMaximum penalty—100 penalty units.","sortOrder":193},{"sectionNumber":"sec.121","sectionType":"section","heading":"Inadequate or ineffective safety and health management systems","content":"### sec.121 Inadequate or ineffective safety and health management systems\n\nIf an industry safety and health representative believes a safety and health management system is inadequate or ineffective, the representative must advise the site senior executive stating the reasons for the representative’s belief.\nIf the industry safety and health representative is not satisfied the site senior executive is taking the action necessary to make the safety and health management system adequate and effective, the representative must advise an inspector.\nThe inspector must investigate the matter and report the results of the investigation in the mine record.\n(sec.121-ssec.1) If an industry safety and health representative believes a safety and health management system is inadequate or ineffective, the representative must advise the site senior executive stating the reasons for the representative’s belief.\n(sec.121-ssec.2) If the industry safety and health representative is not satisfied the site senior executive is taking the action necessary to make the safety and health management system adequate and effective, the representative must advise an inspector.\n(sec.121-ssec.3) The inspector must investigate the matter and report the results of the investigation in the mine record.","sortOrder":194},{"sectionNumber":"sec.122","sectionType":"section","heading":"Identity cards","content":"### sec.122 Identity cards\n\nThe CEO must give each industry safety and health representative an identity card.\nThe identity card must—\ncontain a recent photograph of the representative; and\nbe signed by the representative; and\nidentify the person as an industry safety and health representative under this Act.\ns 122 amd 2020 No. 10 s 139 sch 2\n(sec.122-ssec.1) The CEO must give each industry safety and health representative an identity card.\n(sec.122-ssec.2) The identity card must— contain a recent photograph of the representative; and be signed by the representative; and identify the person as an industry safety and health representative under this Act.\n- (a) contain a recent photograph of the representative; and\n- (b) be signed by the representative; and\n- (c) identify the person as an industry safety and health representative under this Act.","sortOrder":195},{"sectionNumber":"sec.123","sectionType":"section","heading":"Failure to return identity card","content":"### sec.123 Failure to return identity card\n\nA person who ceases to be an industry safety and health representative must return the person’s identity card to the CEO as soon as practicable, but within 21 days, after ceasing to be an industry safety and health representative, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty points.\ns 123 amd 2020 No. 10 s 139 sch 2","sortOrder":196},{"sectionNumber":"sec.124","sectionType":"section","heading":"Production or display of identity card","content":"### sec.124 Production or display of identity card\n\nAn industry safety and health representative may exercise a power in relation to another person only if the representative—\nfirst produces the representative’s identity card for the other person’s inspection; or\nhas the identity card displayed so it is clearly visible to the other person.\nHowever, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the industry safety and health representative must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n(sec.124-ssec.1) An industry safety and health representative may exercise a power in relation to another person only if the representative— first produces the representative’s identity card for the other person’s inspection; or has the identity card displayed so it is clearly visible to the other person.\n(sec.124-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the industry safety and health representative must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n- (a) first produces the representative’s identity card for the other person’s inspection; or\n- (b) has the identity card displayed so it is clearly visible to the other person.","sortOrder":197},{"sectionNumber":"pt.9","sectionType":"part","heading":"Inspectors and other officers and directives","content":"# Inspectors and other officers and directives","sortOrder":198},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Inspectors and inspection officers","content":"## Inspectors and inspection officers","sortOrder":199},{"sectionNumber":"sec.125","sectionType":"section","heading":"Appointments","content":"### sec.125 Appointments\n\nThe CEO must appoint public service officers or public service employees as inspectors or inspection officers.\nThe CEO must appoint an inspector to be chief inspector of coal mines.\ns 125 amd 2020 No. 10 s 139 sch 2 ; 2022 No. 34 s 365 sch 3\n(sec.125-ssec.1) The CEO must appoint public service officers or public service employees as inspectors or inspection officers.\n(sec.125-ssec.2) The CEO must appoint an inspector to be chief inspector of coal mines.","sortOrder":200},{"sectionNumber":"sec.126","sectionType":"section","heading":"Qualifications for appointment as inspector","content":"### sec.126 Qualifications for appointment as inspector\n\nThe CEO may appoint a person as an inspector only if the CEO considers the person has appropriate competencies and adequate experience to effectively perform an inspector’s functions under this Act.\nThe CEO must not appoint under subsection (1) a person who holds a certificate of competency or site senior executive notice unless the person also holds the practising certificate required by the board of examiners to be held by a person holding that board qualification.\ns 126 amd 2005 No. 68 s 4 ; 2020 No. 10 s 139 sch 2 ; 2024 No. 34 s 47\n(sec.126-ssec.1) The CEO may appoint a person as an inspector only if the CEO considers the person has appropriate competencies and adequate experience to effectively perform an inspector’s functions under this Act.\n(sec.126-ssec.2) The CEO must not appoint under subsection (1) a person who holds a certificate of competency or site senior executive notice unless the person also holds the practising certificate required by the board of examiners to be held by a person holding that board qualification.","sortOrder":201},{"sectionNumber":"sec.127","sectionType":"section","heading":"Qualifications for appointment as inspection officer","content":"### sec.127 Qualifications for appointment as inspection officer\n\nThe CEO may appoint a person as an inspection officer only if the CEO considers the person has appropriate competencies, or other adequate experience, to effectively perform an inspection officer’s functions under this Act.\ns 127 amd 2020 No. 10 s 139 sch 2","sortOrder":202},{"sectionNumber":"sec.127A","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.127A Appointment conditions and limit on powers\n\nA person who is appointed as an inspector or inspection officer holds office on any conditions stated in—\nthe person’s instrument of appointment; or\na signed notice given to the person by the CEO.\nThe instrument of appointment, a notice given to the person by the CEO or a regulation may limit the person’s functions or powers under this Act for the office.\ns 127A ins 2007 No. 46 s 13\namd 2020 No. 10 s 139 sch 2\n(sec.127A-ssec.1) A person who is appointed as an inspector or inspection officer holds office on any conditions stated in— the person’s instrument of appointment; or a signed notice given to the person by the CEO.\n(sec.127A-ssec.2) The instrument of appointment, a notice given to the person by the CEO or a regulation may limit the person’s functions or powers under this Act for the office.\n- (a) the person’s instrument of appointment; or\n- (b) a signed notice given to the person by the CEO.","sortOrder":203},{"sectionNumber":"sec.128","sectionType":"section","heading":"Functions of inspectors and inspection officers","content":"### sec.128 Functions of inspectors and inspection officers\n\nInspectors and inspection officers have the following functions—\nto enforce this Act;\nto monitor safety and health performance at coal mines;\nto inspect and audit coal mines to assess whether risk to persons is at an acceptable level;\nto help persons to achieve the purposes of this Act by providing advice and information on how the purposes are to be achieved;\nto check that safety and health management systems and procedures are in place to control risk to persons affected by coal mining operations;\nto provide the advice and help that may be required from time to time during emergencies at coal mines that may affect the safety or health of persons;\nif unsafe practices or conditions at coal mines are detected, to ensure timely corrective or remedial action is being taken and, if not, require it to be taken;\nto investigate serious accidents and high potential incidents at coal mines;\nto investigate matters at coal mines that affect the successful management of risk to persons;\nto investigate complaints about matters relating to safety or health resulting from coal mining operations.\ns 128 amd 2008 No. 33 s 42\n- (a) to enforce this Act;\n- (b) to monitor safety and health performance at coal mines;\n- (c) to inspect and audit coal mines to assess whether risk to persons is at an acceptable level;\n- (d) to help persons to achieve the purposes of this Act by providing advice and information on how the purposes are to be achieved;\n- (e) to check that safety and health management systems and procedures are in place to control risk to persons affected by coal mining operations;\n- (f) to provide the advice and help that may be required from time to time during emergencies at coal mines that may affect the safety or health of persons;\n- (g) if unsafe practices or conditions at coal mines are detected, to ensure timely corrective or remedial action is being taken and, if not, require it to be taken;\n- (h) to investigate serious accidents and high potential incidents at coal mines;\n- (i) to investigate matters at coal mines that affect the successful management of risk to persons;\n- (j) to investigate complaints about matters relating to safety or health resulting from coal mining operations.","sortOrder":204},{"sectionNumber":"sec.129","sectionType":"section","heading":"Further function of inspectors","content":"### sec.129 Further function of inspectors\n\nInspectors also have the function of advising the chief inspector on safety and health at coal mines.\ns 129 amd 2005 No. 68 s 5 ; 2010 No. 17 s 17 sch\nsub 2024 No. 34 s 48","sortOrder":205},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Authorised officers","content":"## Authorised officers","sortOrder":206},{"sectionNumber":"sec.129A","sectionType":"section","heading":"Appointments","content":"### sec.129A Appointments\n\nThe CEO may appoint public service officers or public service employees as authorised officers.\nHowever, the CEO may only appoint a person as an authorised officer if the person has qualifications or experience relevant to at least 1 of the following areas—\noccupational hygiene;\nergonomics;\ninvestigating a matter under an Act.\ns 129A ins 2007 No. 46 s 15\namd 2020 No. 10 s 139 sch 2 ; 2022 No. 34 s 365 sch 3\n(sec.129A-ssec.1) The CEO may appoint public service officers or public service employees as authorised officers.\n(sec.129A-ssec.2) However, the CEO may only appoint a person as an authorised officer if the person has qualifications or experience relevant to at least 1 of the following areas— occupational hygiene; ergonomics; investigating a matter under an Act.\n- (a) occupational hygiene;\n- (b) ergonomics;\n- (c) investigating a matter under an Act.","sortOrder":207},{"sectionNumber":"sec.129B","sectionType":"section","heading":"Qualifications for appointment as authorised officer","content":"### sec.129B Qualifications for appointment as authorised officer\n\nThe CEO may only appoint a person as an authorised officer after deciding the functions the person may perform under this Act having regard to the person’s competencies and experience.\nIf the CEO decides that the functions the person may perform as an authorised officer are limited because of the person’s competencies and experience, the CEO, when appointing the person as an authorised officer, must correspondingly limit the extent to which the person may perform functions or exercise powers as provided under section 129C .\ns 129B ins 2007 No. 46 s 15\namd 2020 No. 10 s 139 sch 2\n(sec.129B-ssec.1) The CEO may only appoint a person as an authorised officer after deciding the functions the person may perform under this Act having regard to the person’s competencies and experience.\n(sec.129B-ssec.2) If the CEO decides that the functions the person may perform as an authorised officer are limited because of the person’s competencies and experience, the CEO, when appointing the person as an authorised officer, must correspondingly limit the extent to which the person may perform functions or exercise powers as provided under section 129C .","sortOrder":208},{"sectionNumber":"sec.129C","sectionType":"section","heading":"Appointment conditions and limit on functions and powers","content":"### sec.129C Appointment conditions and limit on functions and powers\n\nA person who is appointed as an authorised officer holds office on any conditions stated in—\nthe person’s instrument of appointment; or\na signed notice given to the person by the CEO.\nThe instrument of appointment, a notice given to the person by the CEO or a regulation may limit the person’s functions or powers under this Act for the office.\nAn authorised officer is also subject to the directions of the chief inspector in performing the functions or exercising the powers.\nThis section applies despite any other provision of this Act.\ns 129C ins 2007 No. 46 s 15\namd 2020 No. 10 s 139 sch 2\n(sec.129C-ssec.1) A person who is appointed as an authorised officer holds office on any conditions stated in— the person’s instrument of appointment; or a signed notice given to the person by the CEO.\n(sec.129C-ssec.2) The instrument of appointment, a notice given to the person by the CEO or a regulation may limit the person’s functions or powers under this Act for the office.\n(sec.129C-ssec.3) An authorised officer is also subject to the directions of the chief inspector in performing the functions or exercising the powers.\n(sec.129C-ssec.4) This section applies despite any other provision of this Act.\n- (a) the person’s instrument of appointment; or\n- (b) a signed notice given to the person by the CEO.","sortOrder":209},{"sectionNumber":"sec.129D","sectionType":"section","heading":"Functions of authorised officers","content":"### sec.129D Functions of authorised officers\n\nSubject to sections 129B and 129C , authorised officers have the following functions—\nto monitor safety and health performance at coal mines;\nto inspect and audit coal mines to assess whether risk is at an acceptable level;\nto help persons to achieve the purposes of this Act by providing advice and information on how the purposes are to be achieved;\nto check that safety and health management systems and procedures are in place to control risk to persons affected by coal mining operations;\nto investigate serious accidents and high potential incidents at coal mines;\nto investigate matters at coal mines that affect the successful management of risk to persons;\nto investigate complaints about matters relating to safety or health resulting from coal mining operations;\nto investigate whether persons required to provide information to the CEO under this Act have provided the information and whether the information is correct.\ns 129D ins 2007 No. 46 s 15\namd 2008 No. 33 s 43 ; 2008 No. 43 s 3 ; 2020 No. 10 s 139 sch 2\n- (a) to monitor safety and health performance at coal mines;\n- (b) to inspect and audit coal mines to assess whether risk is at an acceptable level;\n- (c) to help persons to achieve the purposes of this Act by providing advice and information on how the purposes are to be achieved;\n- (d) to check that safety and health management systems and procedures are in place to control risk to persons affected by coal mining operations;\n- (e) to investigate serious accidents and high potential incidents at coal mines;\n- (f) to investigate matters at coal mines that affect the successful management of risk to persons;\n- (g) to investigate complaints about matters relating to safety or health resulting from coal mining operations;\n- (h) to investigate whether persons required to provide information to the CEO under this Act have provided the information and whether the information is correct.","sortOrder":210},{"sectionNumber":"sec.129E","sectionType":"section","heading":"Information about functions and powers","content":"### sec.129E Information about functions and powers\n\nThis section applies if before exercising a power or further exercising a power in relation to a person, an authorised officer is asked by the person for information about the authorised officer’s functions or powers under the Act .\nThe authorised officer may exercise, or continue to exercise, the power in relation to the person only if the authorised officer first produces for the person’s inspection a list of the authorised officer’s functions and powers under the Act .\ns 129E ins 2007 No. 46 s 15\n(sec.129E-ssec.1) This section applies if before exercising a power or further exercising a power in relation to a person, an authorised officer is asked by the person for information about the authorised officer’s functions or powers under the Act .\n(sec.129E-ssec.2) The authorised officer may exercise, or continue to exercise, the power in relation to the person only if the authorised officer first produces for the person’s inspection a list of the authorised officer’s functions and powers under the Act .","sortOrder":211},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Identity cards for inspectors, inspection officers and authorised officers","content":"## Identity cards for inspectors, inspection officers and authorised officers","sortOrder":212},{"sectionNumber":"sec.130","sectionType":"section","heading":"Identity cards","content":"### sec.130 Identity cards\n\nThe CEO must give each inspector, inspection officer and authorised officer an identity card.\nThe identity card must—\ncontain a recent photograph of the inspector, inspection officer or authorised officer; and\nbe signed by the inspector, inspection officer or authorised officer; and\nidentify the person as an inspector, inspection officer or authorised officer under this Act.\ns 130 amd 2007 No. 46 s 16 ; 2020 No. 10 s 139 sch 2\n(sec.130-ssec.1) The CEO must give each inspector, inspection officer and authorised officer an identity card.\n(sec.130-ssec.2) The identity card must— contain a recent photograph of the inspector, inspection officer or authorised officer; and be signed by the inspector, inspection officer or authorised officer; and identify the person as an inspector, inspection officer or authorised officer under this Act.\n- (a) contain a recent photograph of the inspector, inspection officer or authorised officer; and\n- (b) be signed by the inspector, inspection officer or authorised officer; and\n- (c) identify the person as an inspector, inspection officer or authorised officer under this Act.","sortOrder":213},{"sectionNumber":"sec.131","sectionType":"section","heading":"Failure to return identity card","content":"### sec.131 Failure to return identity card\n\nA person who ceases to be an inspector, inspection officer or authorised officer must return the person’s identity card to the CEO as soon as practicable, but within 21 days, after ceasing to be an inspector, inspection officer or authorised officer, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty points.\ns 131 amd 2007 No. 46 s 241 sch ; 2020 No. 10 s 139 sch 2","sortOrder":214},{"sectionNumber":"sec.132","sectionType":"section","heading":"Production or display of identity card","content":"### sec.132 Production or display of identity card\n\nAn inspector, inspection officer or authorised officer may exercise a power in relation to another person only if the inspector, inspection officer or authorised officer—\nfirst produces the inspector’s or officer’s identity card for the other person’s inspection; or\nhas the identity card displayed so it is clearly visible to the other person.\nHowever, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the inspector, inspection officer or authorised officer must produce the identity card for the other person’s inspection at the first reasonable opportunity.\ns 132 amd 2007 No. 46 s 17 ; 2022 No. 29 s 31 sch 1\n(sec.132-ssec.1) An inspector, inspection officer or authorised officer may exercise a power in relation to another person only if the inspector, inspection officer or authorised officer— first produces the inspector’s or officer’s identity card for the other person’s inspection; or has the identity card displayed so it is clearly visible to the other person.\n(sec.132-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the inspector, inspection officer or authorised officer must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n- (a) first produces the inspector’s or officer’s identity card for the other person’s inspection; or\n- (b) has the identity card displayed so it is clearly visible to the other person.","sortOrder":215},{"sectionNumber":"pt.9-div.4","sectionType":"division","heading":"Powers of inspectors, inspection officers and authorised officers","content":"## Powers of inspectors, inspection officers and authorised officers","sortOrder":216},{"sectionNumber":"sec.132A","sectionType":"section","heading":"Definition for div 4","content":"### sec.132A Definition for div 4\n\nIn this division—\nofficer means an inspector, an inspection officer or an authorised officer.\ns 132A ins 2007 No. 46 s 20","sortOrder":217},{"sectionNumber":"sec.133","sectionType":"section","heading":"Entry to places","content":"### sec.133 Entry to places\n\nAn officer may enter a place if—\nits occupier consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised by a warrant; or\nit is a coal mine; or\nit is, or the officer reasonably suspects it is, a workplace.\nFor subsection (1) (a) , for the purpose of asking the occupier of a place for consent to enter, an officer may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\nFor subsection (1) (e) , an entry may be made with, or without, the consent of the person with management or control of the workplace.\nAn officer who enters a coal mine or workplace must not unnecessarily impede production.\ns 133 amd 2007 No. 46 s 241 sch ; 2011 No. 18 s 404 sch 4 pt 2 div 1 ; 2018 No. 28 s 23\n(sec.133-ssec.1) An officer may enter a place if— its occupier consents to the entry; or it is a public place and the entry is made when it is open to the public; or the entry is authorised by a warrant; or it is a coal mine; or it is, or the officer reasonably suspects it is, a workplace.\n(sec.133-ssec.2) For subsection (1) (a) , for the purpose of asking the occupier of a place for consent to enter, an officer may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n(sec.133-ssec.3) For subsection (1) (e) , an entry may be made with, or without, the consent of the person with management or control of the workplace.\n(sec.133-ssec.4) An officer who enters a coal mine or workplace must not unnecessarily impede production.\n- (a) its occupier consents to the entry; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) the entry is authorised by a warrant; or\n- (d) it is a coal mine; or\n- (e) it is, or the officer reasonably suspects it is, a workplace.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":218},{"sectionNumber":"sec.134","sectionType":"section","heading":"Consent to entry","content":"### sec.134 Consent to entry\n\nThis section applies if an officer intends to ask an occupier of a place to consent to the officer or another officer entering the place.\nBefore asking for the consent, the officer must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the officer may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the officer or other officer consent to enter the place and exercise powers under this part; and\nthe time and date the consent was given.\nIf the occupier signs an acknowledgement, the officer must immediately give a copy to the occupier.\nA court must find the occupier did not consent to an officer entering the place under this part if—\nan issue arises in a proceeding before the court whether the occupier of a place consented to the entry; and\nan acknowledgement is not produced in evidence for the entry; and\nit is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.\ns 134 amd 2007 No. 46 s 21\n(sec.134-ssec.1) This section applies if an officer intends to ask an occupier of a place to consent to the officer or another officer entering the place.\n(sec.134-ssec.2) Before asking for the consent, the officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.134-ssec.3) If the consent is given, the officer may ask the occupier to sign an acknowledgement of the consent.\n(sec.134-ssec.4) The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the officer or other officer consent to enter the place and exercise powers under this part; and the time and date the consent was given.\n(sec.134-ssec.5) If the occupier signs an acknowledgement, the officer must immediately give a copy to the occupier.\n(sec.134-ssec.6) A court must find the occupier did not consent to an officer entering the place under this part if— an issue arises in a proceeding before the court whether the occupier of a place consented to the entry; and an acknowledgement is not produced in evidence for the entry; and it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the officer or other officer consent to enter the place and exercise powers under this part; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding before the court whether the occupier of a place consented to the entry; and\n- (b) an acknowledgement is not produced in evidence for the entry; and\n- (c) it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.","sortOrder":219},{"sectionNumber":"sec.135","sectionType":"section","heading":"Application for warrant","content":"### sec.135 Application for warrant\n\nAn inspector may apply to a magistrate for a warrant for a place.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.135-ssec.1) An inspector may apply to a magistrate for a warrant for a place.\n(sec.135-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.135-ssec.3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":220},{"sectionNumber":"sec.136","sectionType":"section","heading":"Issue of warrant","content":"### sec.136 Issue of warrant\n\nThe magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\nthe evidence is at the place, or may be at the place, within the next 7 days.\nThe warrant must state—\nthat a stated inspector may, with necessary and reasonable help and force—\nenter the place and any other place necessary for entry; and\nexercise the inspector’s powers under this part; and\nthe offence for which the warrant is sought; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\n(sec.136-ssec.1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is at the place, or may be at the place, within the next 7 days.\n(sec.136-ssec.2) The warrant must state— that a stated inspector may, with necessary and reasonable help and force— enter the place and any other place necessary for entry; and exercise the inspector’s powers under this part; and the offence for which the warrant is sought; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (b) the evidence is at the place, or may be at the place, within the next 7 days.\n- (a) that a stated inspector may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (ii) exercise the inspector’s powers under this part; and\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the inspector’s powers under this part; and\n- (b) the offence for which the warrant is sought; and\n- (c) the evidence that may be seized under the warrant; and\n- (d) the hours of the day or night when the place may be entered; and\n- (e) the date, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the inspector’s powers under this part; and","sortOrder":221},{"sectionNumber":"sec.137","sectionType":"section","heading":"Special warrants","content":"### sec.137 Special warrants\n\nAn inspector may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the inspector considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the inspector’s remote location.\nBefore applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.\nThe inspector may apply for the warrant before the application is sworn.\nAfter issuing the warrant, the magistrate must immediately fax a copy ( facsimile warrant ) to the inspector if it is reasonably practicable to fax the copy.\nIf it is not reasonably practicable to fax a copy to the inspector—\nthe magistrate must tell the inspector—\nwhat the terms of the warrant are; and\nthe date and time the warrant was issued; and\nthe inspector must complete a form of warrant (a warrant form ) and write on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the warrant; and\nthe terms of the warrant.\nThe facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.\nThe inspector must, at the first reasonable opportunity, send to the magistrate—\nthe sworn application; and\nif the inspector completed a warrant form—the completed warrant form.\nOn receiving the documents, the magistrate must attach them to the warrant.\nA court must find the exercise of the power by an inspector was not authorised by a special warrant if—\nan issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and\nthe warrant is not produced in evidence; and\nit is not proved by the person relying on the lawfulness of the entry that the inspector obtained the warrant.\ns 137 amd 2002 No. 25 s 12\n(sec.137-ssec.1) An inspector may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the inspector considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the inspector’s remote location.\n(sec.137-ssec.2) Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.\n(sec.137-ssec.3) The inspector may apply for the warrant before the application is sworn.\n(sec.137-ssec.4) After issuing the warrant, the magistrate must immediately fax a copy ( facsimile warrant ) to the inspector if it is reasonably practicable to fax the copy.\n(sec.137-ssec.5) If it is not reasonably practicable to fax a copy to the inspector— the magistrate must tell the inspector— what the terms of the warrant are; and the date and time the warrant was issued; and the inspector must complete a form of warrant (a warrant form ) and write on it— the magistrate’s name; and the date and time the magistrate issued the warrant; and the terms of the warrant.\n(sec.137-ssec.6) The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.\n(sec.137-ssec.7) The inspector must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the inspector completed a warrant form—the completed warrant form.\n(sec.137-ssec.8) On receiving the documents, the magistrate must attach them to the warrant.\n(sec.137-ssec.9) A court must find the exercise of the power by an inspector was not authorised by a special warrant if— an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and the warrant is not produced in evidence; and it is not proved by the person relying on the lawfulness of the entry that the inspector obtained the warrant.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the inspector’s remote location.\n- (a) the magistrate must tell the inspector— (i) what the terms of the warrant are; and (ii) the date and time the warrant was issued; and\n- (i) what the terms of the warrant are; and\n- (ii) the date and time the warrant was issued; and\n- (b) the inspector must complete a form of warrant (a warrant form ) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the terms of the warrant.\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the warrant; and\n- (iii) the terms of the warrant.\n- (i) what the terms of the warrant are; and\n- (ii) the date and time the warrant was issued; and\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the warrant; and\n- (iii) the terms of the warrant.\n- (a) the sworn application; and\n- (b) if the inspector completed a warrant form—the completed warrant form.\n- (a) an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and\n- (b) the warrant is not produced in evidence; and\n- (c) it is not proved by the person relying on the lawfulness of the entry that the inspector obtained the warrant.","sortOrder":222},{"sectionNumber":"sec.138","sectionType":"section","heading":"Warrants—procedure before entry","content":"### sec.138 Warrants—procedure before entry\n\nThis section applies if an inspector named in a warrant issued under this part for a place is intending to enter the place under the warrant.\nBefore entering the place, the inspector must do or make a reasonable attempt to do the following things—\nidentify themself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s notice of appointment or other document evidencing the appointment;\ngive the person a copy of the warrant or if the entry is authorised by a facsimile warrant or warrant form mentioned in section 137 (6) , a copy of the facsimile warrant or warrant form;\ntell the person the inspector is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the inspector immediate entry to the place without using force.\nHowever, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\ns 138 amd 2024 No. 34 s 49\n(sec.138-ssec.1) This section applies if an inspector named in a warrant issued under this part for a place is intending to enter the place under the warrant.\n(sec.138-ssec.2) Before entering the place, the inspector must do or make a reasonable attempt to do the following things— identify themself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s notice of appointment or other document evidencing the appointment; give the person a copy of the warrant or if the entry is authorised by a facsimile warrant or warrant form mentioned in section 137 (6) , a copy of the facsimile warrant or warrant form; tell the person the inspector is permitted by the warrant to enter the place; give the person an opportunity to allow the inspector immediate entry to the place without using force.\n(sec.138-ssec.3) However, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n- (a) identify themself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s notice of appointment or other document evidencing the appointment;\n- (b) give the person a copy of the warrant or if the entry is authorised by a facsimile warrant or warrant form mentioned in section 137 (6) , a copy of the facsimile warrant or warrant form;\n- (c) tell the person the inspector is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the inspector immediate entry to the place without using force.","sortOrder":223},{"sectionNumber":"sec.138A","sectionType":"section","heading":"Entry to residential premises","content":"### sec.138A Entry to residential premises\n\nDespite anything else in this division, the powers of an officer under this division in relation to entering a place are not exercisable in relation to any part of a place that is used for residential purposes other than—\nwith the consent of the person with the management or control of the place; or\nunder the authority conferred by a search warrant; or\nfor the purpose only of gaining access to a suspected workplace, but only—\nif the officer reasonably believes no reasonable alternative access is available; and\nat a reasonable time having regard to the times at which the officer believes work is being carried out at the place to which access is sought; or\nif the place is a coal mine.\ns 138A ins 2018 No. 28 s 24\n- (a) with the consent of the person with the management or control of the place; or\n- (b) under the authority conferred by a search warrant; or\n- (c) for the purpose only of gaining access to a suspected workplace, but only— (i) if the officer reasonably believes no reasonable alternative access is available; and (ii) at a reasonable time having regard to the times at which the officer believes work is being carried out at the place to which access is sought; or\n- (i) if the officer reasonably believes no reasonable alternative access is available; and\n- (ii) at a reasonable time having regard to the times at which the officer believes work is being carried out at the place to which access is sought; or\n- (d) if the place is a coal mine.\n- (i) if the officer reasonably believes no reasonable alternative access is available; and\n- (ii) at a reasonable time having regard to the times at which the officer believes work is being carried out at the place to which access is sought; or","sortOrder":224},{"sectionNumber":"sec.139","sectionType":"section","heading":"General powers after entering coal mine or other places","content":"### sec.139 General powers after entering coal mine or other places\n\nThis section applies to an officer who enters a coal mine or other place.\nHowever, if an officer enters a place to get the occupier’s consent to enter premises, this section applies to the officer only if the consent is given or the entry is otherwise authorised.\nFor monitoring and enforcing compliance with this Act, or for conducting an investigation under this Act, the officer may—\nsearch any part of the coal mine or other place; or\ninspect, measure, test, photograph or film any part of the coal mine or other place or anything at the coal mine or other place; or\ntake a thing, or a sample of or from a thing, at the coal mine or other place for analysis or testing; or\ncopy a document at the coal mine or other place; or\ntake into or onto the coal mine or other place any persons, equipment and materials the officer reasonably requires for exercising a power under this division; or\nrequire a person at the coal mine or other place, to give the officer reasonable help to exercise the officer’s powers under paragraphs (a) to (e) ; or\nrequire a person at the coal mine or other place, to answer questions by the officer to help the officer ascertain whether this Act is being or has been complied with, or for the purpose of conducting an investigation under this Act.\nWhen making a requirement mentioned in subsection (3) (f) or (g) , the officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\ns 139 amd 2007 No. 46 s 22 ; 2008 No. 33 s 44\n(sec.139-ssec.1) This section applies to an officer who enters a coal mine or other place.\n(sec.139-ssec.2) However, if an officer enters a place to get the occupier’s consent to enter premises, this section applies to the officer only if the consent is given or the entry is otherwise authorised.\n(sec.139-ssec.3) For monitoring and enforcing compliance with this Act, or for conducting an investigation under this Act, the officer may— search any part of the coal mine or other place; or inspect, measure, test, photograph or film any part of the coal mine or other place or anything at the coal mine or other place; or take a thing, or a sample of or from a thing, at the coal mine or other place for analysis or testing; or copy a document at the coal mine or other place; or take into or onto the coal mine or other place any persons, equipment and materials the officer reasonably requires for exercising a power under this division; or require a person at the coal mine or other place, to give the officer reasonable help to exercise the officer’s powers under paragraphs (a) to (e) ; or require a person at the coal mine or other place, to answer questions by the officer to help the officer ascertain whether this Act is being or has been complied with, or for the purpose of conducting an investigation under this Act.\n(sec.139-ssec.4) When making a requirement mentioned in subsection (3) (f) or (g) , the officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n- (a) search any part of the coal mine or other place; or\n- (b) inspect, measure, test, photograph or film any part of the coal mine or other place or anything at the coal mine or other place; or\n- (c) take a thing, or a sample of or from a thing, at the coal mine or other place for analysis or testing; or\n- (d) copy a document at the coal mine or other place; or\n- (e) take into or onto the coal mine or other place any persons, equipment and materials the officer reasonably requires for exercising a power under this division; or\n- (f) require a person at the coal mine or other place, to give the officer reasonable help to exercise the officer’s powers under paragraphs (a) to (e) ; or\n- (g) require a person at the coal mine or other place, to answer questions by the officer to help the officer ascertain whether this Act is being or has been complied with, or for the purpose of conducting an investigation under this Act.","sortOrder":225},{"sectionNumber":"sec.140","sectionType":"section","heading":"Failure to help officer","content":"### sec.140 Failure to help officer\n\nA person required to give reasonable help under section 139 (3) (f) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 140 amd 2007 No. 46 s 241 sch","sortOrder":226},{"sectionNumber":"sec.141","sectionType":"section","heading":"Failure to answer questions","content":"### sec.141 Failure to answer questions\n\nA person of whom a requirement is made under section 139 (3) (g) must not, unless the person has a reasonable excuse, fail to comply with a requirement to answer a question.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for an individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual or make the individual liable to a penalty.\nHowever, subsection (2) does not apply if the requirement relates to a serious accident or high potential incident.\ns 141 amd 2011 No. 2 s 13\n(sec.141-ssec.1) A person of whom a requirement is made under section 139 (3) (g) must not, unless the person has a reasonable excuse, fail to comply with a requirement to answer a question. Maximum penalty—40 penalty units.\n(sec.141-ssec.2) It is a reasonable excuse for an individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual or make the individual liable to a penalty.\n(sec.141-ssec.3) However, subsection (2) does not apply if the requirement relates to a serious accident or high potential incident.","sortOrder":227},{"sectionNumber":"sec.142","sectionType":"section","heading":"Site senior executive must help officer","content":"### sec.142 Site senior executive must help officer\n\nAn officer may require a site senior executive to help the officer in the performance of the officer’s functions.\nA site senior executive required to help an officer must comply with the requirement, unless the site senior executive has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 142 amd 2007 No. 46 s 23\n(sec.142-ssec.1) An officer may require a site senior executive to help the officer in the performance of the officer’s functions.\n(sec.142-ssec.2) A site senior executive required to help an officer must comply with the requirement, unless the site senior executive has a reasonable excuse. Maximum penalty—100 penalty units.","sortOrder":228},{"sectionNumber":"sec.143","sectionType":"section","heading":"Seizing evidence at coal mine or other place","content":"### sec.143 Seizing evidence at coal mine or other place\n\nAn officer who enters a coal mine or other place under this part may seize a thing at the coal mine or other place if the officer reasonably believes the thing is evidence of an offence against this Act.\ns 143 amd 2007 No. 46 s 24","sortOrder":229},{"sectionNumber":"sec.144","sectionType":"section","heading":"Securing things after seizure","content":"### sec.144 Securing things after seizure\n\nHaving seized a thing, an officer may—\nmove the thing from the place where it was seized (the place of seizure ); or\nleave the thing at the place of seizure, but take reasonable action to restrict access to it.\nsealing a thing and marking it to show access to it is restricted\nsealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\ns 144 amd 2007 No. 46 s 241 sch\n- (a) move the thing from the place where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure, but take reasonable action to restrict access to it. Examples of restricting access to a thing— 1 sealing a thing and marking it to show access to it is restricted 2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted","sortOrder":230},{"sectionNumber":"sec.145","sectionType":"section","heading":"Tampering with things subject to seizure","content":"### sec.145 Tampering with things subject to seizure\n\nIf an officer restricts access to a thing seized, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an officer’s approval.\nMaximum penalty—100 penalty units.\ns 145 amd 2007 No. 46 s 25","sortOrder":231},{"sectionNumber":"sec.146","sectionType":"section","heading":"Powers to support seizure","content":"### sec.146 Powers to support seizure\n\nTo enable a thing to be seized, an officer may require the person in control of it—\nto take it to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of it at the stated place for a reasonable time.\nThe requirement—\nmust be made by notice; or\nif for any reason it is not practicable to give notice, may be made orally and confirmed by notice as soon as practicable.\nA person of whom the requirement is made must comply with the requirement, at the person’s expense, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nA further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.\ns 146 amd 2007 No. 46 s 241 sch\n(sec.146-ssec.1) To enable a thing to be seized, an officer may require the person in control of it— to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a reasonable time.\n(sec.146-ssec.2) The requirement— must be made by notice; or if for any reason it is not practicable to give notice, may be made orally and confirmed by notice as soon as practicable.\n(sec.146-ssec.3) A person of whom the requirement is made must comply with the requirement, at the person’s expense, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.146-ssec.4) A further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.\n- (a) to take it to a stated reasonable place by a stated reasonable time; and\n- (b) if necessary, to remain in control of it at the stated place for a reasonable time.\n- (a) must be made by notice; or\n- (b) if for any reason it is not practicable to give notice, may be made orally and confirmed by notice as soon as practicable.","sortOrder":232},{"sectionNumber":"sec.147","sectionType":"section","heading":"Receipts to be given on seizure","content":"### sec.147 Receipts to be given on seizure\n\nAs soon as practicable after an officer seizes a thing, the officer must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\nThe receipt must describe generally each thing seized and its condition.\nThis section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.\ns 147 amd 2007 No. 46 s 241 sch\n(sec.147-ssec.1) As soon as practicable after an officer seizes a thing, the officer must give a receipt for it to the person from whom it was seized.\n(sec.147-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n(sec.147-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.147-ssec.4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.","sortOrder":233},{"sectionNumber":"sec.148","sectionType":"section","heading":"Forfeiture","content":"### sec.148 Forfeiture\n\nA thing that has been seized under this subdivision is forfeited to the State if the officer who seized the thing—\ncan not find its owner, after making reasonable inquiries; or\ncan not return it to its owner, after making reasonable efforts.\nIn applying subsection (1) —\nsubsection (1) (a) does not require the officer to make inquiries if it would be unreasonable in the particular circumstances to make inquiries to find the owner; and\nsubsection (1) (b) does not require the officer to make efforts if it would be unreasonable in the particular circumstances to make efforts to return the thing to its owner.\nRegard must be had to a thing’s nature, condition and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.\ns 148 amd 2007 No. 46 s 241 sch\n(sec.148-ssec.1) A thing that has been seized under this subdivision is forfeited to the State if the officer who seized the thing— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts.\n(sec.148-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the officer to make inquiries if it would be unreasonable in the particular circumstances to make inquiries to find the owner; and subsection (1) (b) does not require the officer to make efforts if it would be unreasonable in the particular circumstances to make efforts to return the thing to its owner.\n(sec.148-ssec.3) Regard must be had to a thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) can not find its owner, after making reasonable inquiries; or\n- (b) can not return it to its owner, after making reasonable efforts.\n- (a) subsection (1) (a) does not require the officer to make inquiries if it would be unreasonable in the particular circumstances to make inquiries to find the owner; and\n- (b) subsection (1) (b) does not require the officer to make efforts if it would be unreasonable in the particular circumstances to make efforts to return the thing to its owner.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":234},{"sectionNumber":"sec.149","sectionType":"section","heading":"Return of seized things","content":"### sec.149 Return of seized things\n\nThis section applies if a seized thing has some intrinsic value and is not forfeited.\nIf the thing is not returned to its owner within 1 year after it was seized, the owner may apply to the chief inspector for its return.\nWithin 30 days after receiving the application, the chief inspector must—\nif the chief inspector is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner written notice of the decision, including the grounds for retaining the thing; or\notherwise—return the thing to the owner.\nIf, at any time after the thing was seized, the chief inspector stops being satisfied there are reasonable grounds for retaining it, the chief inspector must return it to its owner.\nWithout limiting subsections (3) and (4) , there are reasonable grounds for retaining the thing if—\nthe thing is being, or is likely to be, examined; or\nthe thing is needed, or may be needed, for the purposes of—\nan investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or\nan investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that has been started but not completed; or\nan appeal from a decision in a proceeding for an offence against this Act; or\nit is not lawful for the owner to possess the thing.\nIn this section—\nexamine includes analyse, test, measure, weigh, grade, gauge and identify.\nowner , of a seized thing, includes a person who would be entitled to possession of the thing had it not been seized.\ns 149 amd 2000 No. 18 s 9 ; 2007 No. 46 s 241 sch\nsub 2014 No. 64 s 208A\n(sec.149-ssec.1) This section applies if a seized thing has some intrinsic value and is not forfeited.\n(sec.149-ssec.2) If the thing is not returned to its owner within 1 year after it was seized, the owner may apply to the chief inspector for its return.\n(sec.149-ssec.3) Within 30 days after receiving the application, the chief inspector must— if the chief inspector is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner written notice of the decision, including the grounds for retaining the thing; or otherwise—return the thing to the owner.\n(sec.149-ssec.4) If, at any time after the thing was seized, the chief inspector stops being satisfied there are reasonable grounds for retaining it, the chief inspector must return it to its owner.\n(sec.149-ssec.5) Without limiting subsections (3) and (4) , there are reasonable grounds for retaining the thing if— the thing is being, or is likely to be, examined; or the thing is needed, or may be needed, for the purposes of— an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that has been started but not completed; or an appeal from a decision in a proceeding for an offence against this Act; or it is not lawful for the owner to possess the thing.\n(sec.149-ssec.6) In this section— examine includes analyse, test, measure, weigh, grade, gauge and identify. owner , of a seized thing, includes a person who would be entitled to possession of the thing had it not been seized.\n- (a) if the chief inspector is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner written notice of the decision, including the grounds for retaining the thing; or\n- (b) otherwise—return the thing to the owner.\n- (a) the thing is being, or is likely to be, examined; or\n- (b) the thing is needed, or may be needed, for the purposes of— (i) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or (ii) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that has been started but not completed; or (iii) an appeal from a decision in a proceeding for an offence against this Act; or\n- (i) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or\n- (ii) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that has been started but not completed; or\n- (iii) an appeal from a decision in a proceeding for an offence against this Act; or\n- (c) it is not lawful for the owner to possess the thing.\n- (i) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or\n- (ii) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that has been started but not completed; or\n- (iii) an appeal from a decision in a proceeding for an offence against this Act; or","sortOrder":235},{"sectionNumber":"sec.150","sectionType":"section","heading":"Access to things that have been seized","content":"### sec.150 Access to things that have been seized\n\nUntil a thing that has been seized is forfeited or returned, an officer must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\nFor this section, if an officer has required a person to take a thing to a stated place by a stated reasonable time under section 146 the officer may require the person to return the thing to the place from which it was taken.\nThe person must return the thing at the person’s expense.\ns 150 amd 2007 No. 46 s 26\n(sec.150-ssec.1) Until a thing that has been seized is forfeited or returned, an officer must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.150-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.150-ssec.3) For this section, if an officer has required a person to take a thing to a stated place by a stated reasonable time under section 146 the officer may require the person to return the thing to the place from which it was taken.\n(sec.150-ssec.4) The person must return the thing at the person’s expense.","sortOrder":236},{"sectionNumber":"sec.151","sectionType":"section","heading":"Officer may stop and secure plant and equipment","content":"### sec.151 Officer may stop and secure plant and equipment\n\nIf an officer believes plant or equipment at a coal mine is likely to cause serious bodily injury or create an immediate threat to health, the officer may stop the operation of the plant or equipment and prevent it from being further operated.\nIf an officer has taken action under subsection (1) , the officer must confirm the action by entry in the mine record.\nThe site senior executive must ensure that the plant or equipment is not returned to operation until the risk to persons from the plant or equipment is at an acceptable level.\nMaximum penalty for subsection (3) —200 penalty units.\ns 151 amd 2007 No. 46 s 27\n(sec.151-ssec.1) If an officer believes plant or equipment at a coal mine is likely to cause serious bodily injury or create an immediate threat to health, the officer may stop the operation of the plant or equipment and prevent it from being further operated.\n(sec.151-ssec.2) If an officer has taken action under subsection (1) , the officer must confirm the action by entry in the mine record.\n(sec.151-ssec.3) The site senior executive must ensure that the plant or equipment is not returned to operation until the risk to persons from the plant or equipment is at an acceptable level. Maximum penalty for subsection (3) —200 penalty units.","sortOrder":237},{"sectionNumber":"sec.152","sectionType":"section","heading":"Power to require personal details","content":"### sec.152 Power to require personal details\n\nThis section applies if an officer—\nfinds a person committing an offence against this Act; or\nfinds a person in circumstances that lead the officer to reasonably suspect the person has just committed an offence against this Act; or\nhas information that leads the officer to reasonably suspect a person has just committed an offence against this Act.\nThe officer may require the person to state the person’s name and residential address.\nThe officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—\nbe in possession of evidence of the correctness of the stated name or address; or\notherwise be able to give the evidence.\nWhen making a requirement under this section, the officer must give the person an offence warning for the requirement.\nIn this section—\noffence warning , for a requirement by an officer, means a warning that, without a reasonable excuse, it is an offence for the person of whom the requirement is made not to comply with the requirement.\nreasonably suspect means suspect on grounds that are reasonable in the circumstances.\ns 152 amd 2007 No. 46 s 241 sch\nsub 2024 No. 34 s 50\n(sec.152-ssec.1) This section applies if an officer— finds a person committing an offence against this Act; or finds a person in circumstances that lead the officer to reasonably suspect the person has just committed an offence against this Act; or has information that leads the officer to reasonably suspect a person has just committed an offence against this Act.\n(sec.152-ssec.2) The officer may require the person to state the person’s name and residential address.\n(sec.152-ssec.3) The officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to— be in possession of evidence of the correctness of the stated name or address; or otherwise be able to give the evidence.\n(sec.152-ssec.4) When making a requirement under this section, the officer must give the person an offence warning for the requirement.\n(sec.152-ssec.5) In this section— offence warning , for a requirement by an officer, means a warning that, without a reasonable excuse, it is an offence for the person of whom the requirement is made not to comply with the requirement. reasonably suspect means suspect on grounds that are reasonable in the circumstances.\n- (a) finds a person committing an offence against this Act; or\n- (b) finds a person in circumstances that lead the officer to reasonably suspect the person has just committed an offence against this Act; or\n- (c) has information that leads the officer to reasonably suspect a person has just committed an offence against this Act.\n- (a) be in possession of evidence of the correctness of the stated name or address; or\n- (b) otherwise be able to give the evidence.","sortOrder":238},{"sectionNumber":"sec.153","sectionType":"section","heading":"Offence to contravene personal details requirement","content":"### sec.153 Offence to contravene personal details requirement\n\nA person of whom a requirement is made under section 152 must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nA person may not be convicted of an offence against subsection (1) unless the person is found guilty of the offence in relation to which the requirement under section 152 was made.\ns 153 amd 2007 No. 46 s 241 sch\nsub 2024 No. 34 s 50\n(sec.153-ssec.1) A person of whom a requirement is made under section 152 must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.153-ssec.2) A person may not be convicted of an offence against subsection (1) unless the person is found guilty of the offence in relation to which the requirement under section 152 was made.","sortOrder":239},{"sectionNumber":"sec.154","sectionType":"section","heading":"Power to require production of documents","content":"### sec.154 Power to require production of documents\n\nAn officer may require a person who has a safety and health obligation under this Act to make available, or produce, for inspection by the officer at a reasonable time and place nominated by the officer, a document to which the person has access that relates or is related to the person’s obligations under this Act.\nThe officer may keep the document to copy it.\nIf the officer copies the document, or an entry in the document, the officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\nThe officer must return the document to the person as soon as practicable after copying it.\nHowever, if a requirement ( document certification requirement ) is made of a person under subsection (3) , the officer may keep the document until the person complies with the requirement.\nAlso, the officer may keep the document if the officer believes it is required for the investigation of a serious accident or high potential incident.\nIf an officer keeps a document under subsection (6) , the officer must give a copy of the document to the person responsible for keeping the document.\nA requirement under subsection (1) is a document production requirement .\nWhen making a document production requirement or document certification requirement, an officer must warn the person of whom the requirement is made that it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\ns 154 amd 2007 No. 46 s 28 ; 2011 No. 2 s 14\n(sec.154-ssec.1) An officer may require a person who has a safety and health obligation under this Act to make available, or produce, for inspection by the officer at a reasonable time and place nominated by the officer, a document to which the person has access that relates or is related to the person’s obligations under this Act.\n(sec.154-ssec.2) The officer may keep the document to copy it.\n(sec.154-ssec.3) If the officer copies the document, or an entry in the document, the officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\n(sec.154-ssec.4) The officer must return the document to the person as soon as practicable after copying it.\n(sec.154-ssec.5) However, if a requirement ( document certification requirement ) is made of a person under subsection (3) , the officer may keep the document until the person complies with the requirement.\n(sec.154-ssec.6) Also, the officer may keep the document if the officer believes it is required for the investigation of a serious accident or high potential incident.\n(sec.154-ssec.6A) If an officer keeps a document under subsection (6) , the officer must give a copy of the document to the person responsible for keeping the document.\n(sec.154-ssec.7) A requirement under subsection (1) is a document production requirement .\n(sec.154-ssec.8) When making a document production requirement or document certification requirement, an officer must warn the person of whom the requirement is made that it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.","sortOrder":240},{"sectionNumber":"sec.155","sectionType":"section","heading":"Failure to produce document","content":"### sec.155 Failure to produce document\n\nA person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIt is not a reasonable excuse to fail to produce the document that producing the document might incriminate the person or make the person liable to a penalty.\ns 155 amd 2007 No. 46 s 241 sch ; 2011 No. 2 s 15\n(sec.155-ssec.1) A person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.155-ssec.2) It is not a reasonable excuse to fail to produce the document that producing the document might incriminate the person or make the person liable to a penalty.","sortOrder":241},{"sectionNumber":"sec.156","sectionType":"section","heading":"Failure to certify copy of document","content":"### sec.156 Failure to certify copy of document\n\nA person of whom a document certification requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.","sortOrder":242},{"sectionNumber":"sec.157","sectionType":"section","heading":"Power to require attendance of persons before an officer to answer questions","content":"### sec.157 Power to require attendance of persons before an officer to answer questions\n\nAn officer may require a person to attend before the officer and to answer questions—\nrelevant to the discharge of the person’s safety and health obligations under this Act; or\non safety and health matters relevant to coal mining operations; or\nto ascertain whether this Act is being complied with; or\nrelevant to any action carried out by the officer under this Act.\nA requirement made of a person under this section to attend before an officer must—\nbe made by notice given to the person; and\nstate a reasonable time and place for the person’s attendance.\nWhen making a requirement under this section, the officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\ns 157 amd 2007 No. 46 s 241 sch\n(sec.157-ssec.1) An officer may require a person to attend before the officer and to answer questions— relevant to the discharge of the person’s safety and health obligations under this Act; or on safety and health matters relevant to coal mining operations; or to ascertain whether this Act is being complied with; or relevant to any action carried out by the officer under this Act.\n(sec.157-ssec.2) A requirement made of a person under this section to attend before an officer must— be made by notice given to the person; and state a reasonable time and place for the person’s attendance.\n(sec.157-ssec.3) When making a requirement under this section, the officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n- (a) relevant to the discharge of the person’s safety and health obligations under this Act; or\n- (b) on safety and health matters relevant to coal mining operations; or\n- (c) to ascertain whether this Act is being complied with; or\n- (d) relevant to any action carried out by the officer under this Act.\n- (a) be made by notice given to the person; and\n- (b) state a reasonable time and place for the person’s attendance.","sortOrder":243},{"sectionNumber":"sec.158","sectionType":"section","heading":"Failure to comply with requirement about attendance","content":"### sec.158 Failure to comply with requirement about attendance\n\nA person of whom a requirement is made under section 157 must not, unless the person has a reasonable excuse—\nfail to attend before the officer at the time and place stated in the relevant notice; or\nwhen attending before the officer fail to comply with a requirement to answer a question.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for an individual not to comply with a requirement to answer a question if complying with the requirement might tend to incriminate the individual or make the individual liable to a penalty.\nHowever, subsection (2) does not apply if the requirement relates to a serious accident or high potential incident.\ns 158 amd 2007 No. 46 s 241 sch ; 2011 No. 2 s 16\n(sec.158-ssec.1) A person of whom a requirement is made under section 157 must not, unless the person has a reasonable excuse— fail to attend before the officer at the time and place stated in the relevant notice; or when attending before the officer fail to comply with a requirement to answer a question. Maximum penalty—40 penalty units.\n(sec.158-ssec.2) It is a reasonable excuse for an individual not to comply with a requirement to answer a question if complying with the requirement might tend to incriminate the individual or make the individual liable to a penalty.\n(sec.158-ssec.3) However, subsection (2) does not apply if the requirement relates to a serious accident or high potential incident.\n- (a) fail to attend before the officer at the time and place stated in the relevant notice; or\n- (b) when attending before the officer fail to comply with a requirement to answer a question.","sortOrder":244},{"sectionNumber":"sec.159","sectionType":"section","heading":"Use of particular evidence in proceedings","content":"### sec.159 Use of particular evidence in proceedings\n\nSubsection (2) applies in relation to any answer given by an individual in response to a requirement under section 139 (3) (g) or 157 (1) .\nNeither the answer nor any information, document or other thing obtained as a direct or indirect result of the answer is admissible in any proceeding against the individual, other than a proceeding in which the falsity or misleading nature of the answer is relevant.\nIf a document, produced under a document production requirement, is the personal property of an individual of whom the requirement is made and the document might incriminate the individual or make the individual liable to a penalty—\nthe document is admissible in a proceeding against the individual for an offence under this Act; but\nneither the document nor anything obtained as a direct or indirect result of the individual producing the document is admissible in any other proceeding against the individual for an offence.\ns 159 amd 2007 No. 46 s 241 sch\nsub 2011 No. 2 s 17\n(sec.159-ssec.1) Subsection (2) applies in relation to any answer given by an individual in response to a requirement under section 139 (3) (g) or 157 (1) .\n(sec.159-ssec.2) Neither the answer nor any information, document or other thing obtained as a direct or indirect result of the answer is admissible in any proceeding against the individual, other than a proceeding in which the falsity or misleading nature of the answer is relevant.\n(sec.159-ssec.3) If a document, produced under a document production requirement, is the personal property of an individual of whom the requirement is made and the document might incriminate the individual or make the individual liable to a penalty— the document is admissible in a proceeding against the individual for an offence under this Act; but neither the document nor anything obtained as a direct or indirect result of the individual producing the document is admissible in any other proceeding against the individual for an offence.\n- (a) the document is admissible in a proceeding against the individual for an offence under this Act; but\n- (b) neither the document nor anything obtained as a direct or indirect result of the individual producing the document is admissible in any other proceeding against the individual for an offence.","sortOrder":245},{"sectionNumber":"sec.160","sectionType":"section","heading":"Additional powers of chief inspector","content":"### sec.160 Additional powers of chief inspector\n\nThe chief inspector has the powers of an inspector and the following additional powers—\nto give a directive under section 167 ;\nto review, and confirm, vary or set aside, directives given by inspectors, inspection officers or industry safety and health representatives.\ns 160 amd 2005 No. 68 s 6 ; 2024 No. 34 s 51\n- (a) to give a directive under section 167 ;\n- (b) to review, and confirm, vary or set aside, directives given by inspectors, inspection officers or industry safety and health representatives.","sortOrder":246},{"sectionNumber":"pt.9-div.5","sectionType":"division","heading":"Directives","content":"## Directives","sortOrder":247},{"sectionNumber":"sec.161","sectionType":"section","heading":"Definition for division","content":"### sec.161 Definition for division\n\nIn this division—\nauthorised official means—\nthe chief inspector; or\nany other inspector; or\nan inspection officer; or\nan industry safety and health representative.\ns 161 sub 2024 No. 34 s 54\n- (a) the chief inspector; or\n- (b) any other inspector; or\n- (c) an inspection officer; or\n- (d) an industry safety and health representative.","sortOrder":248},{"sectionNumber":"sec.162","sectionType":"section","heading":"Directive may be given","content":"### sec.162 Directive may be given\n\nAn authorised official may give a directive under subdivision 3 or 4 .\ns 162 sub 2024 No. 34 s 54","sortOrder":249},{"sectionNumber":"sec.163","sectionType":"section","heading":"When directive may be given","content":"### sec.163 When directive may be given\n\nA directive may be given under this section if an authorised official believes a risk from coal mining operations at a coal mine—\nis at an unacceptable level; or\nmay reach an unacceptable level.\nThe directive may require a person who has a safety and health obligation in relation to the coal mine to do 1 or more of the following—\nsuspend coal mining operations in all or part of the coal mine;\ntake action stated in the directive, including, for example—\nto review the safety and health management system or a principal hazard management plan to ensure the system or plan is effective; or\nto carry out a test to decide whether a risk is at an unacceptable level.\nA directive to suspend coal mining operations under subsection (2) (a) because of a risk mentioned in subsection (1) (a) may be given by—\nan inspector; or\nan inspection officer; or\nan industry safety and health representative.\nA directive to suspend coal mining operations under subsection (2) (a) because of a risk mentioned in subsection (1) (b) may be given by—\nan inspector; or\nan industry safety and health representative.\nA directive to take action stated in the directive under subsection (2) (b) may be given by—\nan inspector; or\nan inspection officer.\nDespite subsection (5) , only an inspector may give a directive under subsection (2) (b) that relates to—\na review of the safety and health management system or a principal hazard management plan; or\nthe carrying out of a test to decide whether a risk is at an unacceptable level.\ns 163 sub 2024 No. 34 s 54\n(sec.163-ssec.1) A directive may be given under this section if an authorised official believes a risk from coal mining operations at a coal mine— is at an unacceptable level; or may reach an unacceptable level.\n(sec.163-ssec.2) The directive may require a person who has a safety and health obligation in relation to the coal mine to do 1 or more of the following— suspend coal mining operations in all or part of the coal mine; take action stated in the directive, including, for example— to review the safety and health management system or a principal hazard management plan to ensure the system or plan is effective; or to carry out a test to decide whether a risk is at an unacceptable level.\n(sec.163-ssec.3) A directive to suspend coal mining operations under subsection (2) (a) because of a risk mentioned in subsection (1) (a) may be given by— an inspector; or an inspection officer; or an industry safety and health representative.\n(sec.163-ssec.4) A directive to suspend coal mining operations under subsection (2) (a) because of a risk mentioned in subsection (1) (b) may be given by— an inspector; or an industry safety and health representative.\n(sec.163-ssec.5) A directive to take action stated in the directive under subsection (2) (b) may be given by— an inspector; or an inspection officer.\n(sec.163-ssec.6) Despite subsection (5) , only an inspector may give a directive under subsection (2) (b) that relates to— a review of the safety and health management system or a principal hazard management plan; or the carrying out of a test to decide whether a risk is at an unacceptable level.\n- (a) is at an unacceptable level; or\n- (b) may reach an unacceptable level.\n- (a) suspend coal mining operations in all or part of the coal mine;\n- (b) take action stated in the directive, including, for example— (i) to review the safety and health management system or a principal hazard management plan to ensure the system or plan is effective; or (ii) to carry out a test to decide whether a risk is at an unacceptable level.\n- (i) to review the safety and health management system or a principal hazard management plan to ensure the system or plan is effective; or\n- (ii) to carry out a test to decide whether a risk is at an unacceptable level.\n- (i) to review the safety and health management system or a principal hazard management plan to ensure the system or plan is effective; or\n- (ii) to carry out a test to decide whether a risk is at an unacceptable level.\n- (a) an inspector; or\n- (b) an inspection officer; or\n- (c) an industry safety and health representative.\n- (a) an inspector; or\n- (b) an industry safety and health representative.\n- (a) an inspector; or\n- (b) an inspection officer.\n- (a) a review of the safety and health management system or a principal hazard management plan; or\n- (b) the carrying out of a test to decide whether a risk is at an unacceptable level.","sortOrder":250},{"sectionNumber":"sec.164","sectionType":"section","heading":"Directive to ensure task performed only by coal mine worker with competency","content":"### sec.164 Directive to ensure task performed only by coal mine worker with competency\n\nThis section applies if an inspector believes a particular task at a coal mine should be performed only by persons with a particular competency.\nThe inspector may give the coal mine operator for the coal mine a directive that the task be performed only by a coal mine worker with the competency.\ns 164 sub 2024 No. 34 s 54\n(sec.164-ssec.1) This section applies if an inspector believes a particular task at a coal mine should be performed only by persons with a particular competency.\n(sec.164-ssec.2) The inspector may give the coal mine operator for the coal mine a directive that the task be performed only by a coal mine worker with the competency.","sortOrder":251},{"sectionNumber":"sec.165","sectionType":"section","heading":"Directive to isolate site to preserve evidence","content":"### sec.165 Directive to isolate site to preserve evidence\n\nThis section applies if an inspector believes evidence relating to a serious accident or high potential incident at a coal mine needs to be preserved.\nThe inspector may give a directive to a person to isolate and protect the site of the accident or incident.\ns 165 sub 2024 No. 34 s 54\n(sec.165-ssec.1) This section applies if an inspector believes evidence relating to a serious accident or high potential incident at a coal mine needs to be preserved.\n(sec.165-ssec.2) The inspector may give a directive to a person to isolate and protect the site of the accident or incident.","sortOrder":252},{"sectionNumber":"sec.166","sectionType":"section","heading":"Directive to operate part of surface mine as separate part","content":"### sec.166 Directive to operate part of surface mine as separate part\n\nSubsection (2) applies if an inspector believes part of a surface mine that was taken to be a separate part of a surface mine under section 21 (4) is being operated in a way that makes it no longer a separate part of a surface mine under section 21 (4) .\nThe inspector may give a directive to the coal mine operator for the coal mine to operate the part of the surface mine so that it is a separate part of a surface mine under section 21 (4) .\nSubsection (4) applies if an inspector believes the coal mine operator for a coal mine has not complied with a directive given under subsection (2) .\nThe inspector may give the coal mine operator for the coal mine a directive to suspend operations in the part of the surface mine to which the directive given under subsection (2) applied.\ns 166 sub 2024 No. 34 s 54\n(sec.166-ssec.1) Subsection (2) applies if an inspector believes part of a surface mine that was taken to be a separate part of a surface mine under section 21 (4) is being operated in a way that makes it no longer a separate part of a surface mine under section 21 (4) .\n(sec.166-ssec.2) The inspector may give a directive to the coal mine operator for the coal mine to operate the part of the surface mine so that it is a separate part of a surface mine under section 21 (4) .\n(sec.166-ssec.3) Subsection (4) applies if an inspector believes the coal mine operator for a coal mine has not complied with a directive given under subsection (2) .\n(sec.166-ssec.4) The inspector may give the coal mine operator for the coal mine a directive to suspend operations in the part of the surface mine to which the directive given under subsection (2) applied.","sortOrder":253},{"sectionNumber":"sec.167","sectionType":"section","heading":"Directive to give report to chief inspector","content":"### sec.167 Directive to give report to chief inspector\n\nThe chief inspector may give a directive to a person who has a safety and health obligation in relation to a coal mine to give the chief inspector a report about—\nrisks from coal mining operations at the coal mine; or\nthe safety of part or all of any plant, building or structure at the coal mine; or\na serious accident or high potential incident at the coal mine.\nThe directive must state—\nthe objectives of the report; and\nthat the person who prepares the report must be a person approved by the chief inspector.\nFor subsection (2) (b) , the chief inspector may approve a person only if the person—\nhas professional qualifications and experience relevant to preparing the report; and\nis not an employee of the coal mine operator for the coal mine or of a contractor for the coal mine.\nA report prepared under this section is not admissible in evidence against a site senior executive for a coal mine, or any other coal mine worker or ROC worker mentioned in the report, in a criminal proceeding other than a proceeding about the falsity or misleading nature of the report.\ns 167 sub 2024 No. 34 s 54\n(sec.167-ssec.1) The chief inspector may give a directive to a person who has a safety and health obligation in relation to a coal mine to give the chief inspector a report about— risks from coal mining operations at the coal mine; or the safety of part or all of any plant, building or structure at the coal mine; or a serious accident or high potential incident at the coal mine.\n(sec.167-ssec.2) The directive must state— the objectives of the report; and that the person who prepares the report must be a person approved by the chief inspector.\n(sec.167-ssec.3) For subsection (2) (b) , the chief inspector may approve a person only if the person— has professional qualifications and experience relevant to preparing the report; and is not an employee of the coal mine operator for the coal mine or of a contractor for the coal mine.\n(sec.167-ssec.4) A report prepared under this section is not admissible in evidence against a site senior executive for a coal mine, or any other coal mine worker or ROC worker mentioned in the report, in a criminal proceeding other than a proceeding about the falsity or misleading nature of the report.\n- (a) risks from coal mining operations at the coal mine; or\n- (b) the safety of part or all of any plant, building or structure at the coal mine; or\n- (c) a serious accident or high potential incident at the coal mine.\n- (a) the objectives of the report; and\n- (b) that the person who prepares the report must be a person approved by the chief inspector.\n- (a) has professional qualifications and experience relevant to preparing the report; and\n- (b) is not an employee of the coal mine operator for the coal mine or of a contractor for the coal mine.","sortOrder":254},{"sectionNumber":"sec.168","sectionType":"section","heading":"Contents of directive","content":"### sec.168 Contents of directive\n\nA directive given to a person under subdivision 3 or 4 must state the following matters—\nthe action required under the directive;\nthe grounds for the directive;\na stated reasonable period within which the person must comply with the directive;\nif the directive is given by an inspector (other than the chief inspector), an inspection officer or an industry safety and health representative—that the person has a right to have the directive reviewed by the chief inspector under subdivision 8 ;\nif the directive is given by the chief inspector—that the person has a right to appeal against the directive under part 14 , division 2 ;\nhow, and the period within which, the person may apply for review of, or appeal against, the directive.\ns 168 sub 2024 No. 34 s 54\n- (a) the action required under the directive;\n- (b) the grounds for the directive;\n- (c) a stated reasonable period within which the person must comply with the directive;\n- (d) if the directive is given by an inspector (other than the chief inspector), an inspection officer or an industry safety and health representative—that the person has a right to have the directive reviewed by the chief inspector under subdivision 8 ;\n- (e) if the directive is given by the chief inspector—that the person has a right to appeal against the directive under part 14 , division 2 ;\n- (f) how, and the period within which, the person may apply for review of, or appeal against, the directive.","sortOrder":255},{"sectionNumber":"sec.169","sectionType":"section","heading":"Directive may be given orally or by notice","content":"### sec.169 Directive may be given orally or by notice\n\nA directive under subdivision 3 or 4 may be given to a person orally or by notice.\nHowever, if a directive is given to a person orally, the directive must be confirmed by notice given to the person as soon as reasonably practicable after the directive is given.\nA copy of a notice given under subsection (1) or (2) must be given to—\nthe site senior executive for the coal mine, or part of the coal mine, to which the directive relates; and\nthe person in control of the coal mine, or part of the coal mine, to which the directive relates.\nFailure to comply with subsection (2) or (3) does not affect the validity of the directive.\nAlso, a directive is not invalid only because of—\na formal defect or irregularity in a notice given under this section unless the defect or irregularity causes or is likely to cause substantial injustice; or\na failure to use the correct name of a person in a notice given under this section if the notice sufficiently identifies the person.\ns 169 sub 2024 No. 34 s 54\n(sec.169-ssec.1) A directive under subdivision 3 or 4 may be given to a person orally or by notice.\n(sec.169-ssec.2) However, if a directive is given to a person orally, the directive must be confirmed by notice given to the person as soon as reasonably practicable after the directive is given.\n(sec.169-ssec.3) A copy of a notice given under subsection (1) or (2) must be given to— the site senior executive for the coal mine, or part of the coal mine, to which the directive relates; and the person in control of the coal mine, or part of the coal mine, to which the directive relates.\n(sec.169-ssec.4) Failure to comply with subsection (2) or (3) does not affect the validity of the directive.\n(sec.169-ssec.5) Also, a directive is not invalid only because of— a formal defect or irregularity in a notice given under this section unless the defect or irregularity causes or is likely to cause substantial injustice; or a failure to use the correct name of a person in a notice given under this section if the notice sufficiently identifies the person.\n- (a) the site senior executive for the coal mine, or part of the coal mine, to which the directive relates; and\n- (b) the person in control of the coal mine, or part of the coal mine, to which the directive relates.\n- (a) a formal defect or irregularity in a notice given under this section unless the defect or irregularity causes or is likely to cause substantial injustice; or\n- (b) a failure to use the correct name of a person in a notice given under this section if the notice sufficiently identifies the person.","sortOrder":256},{"sectionNumber":"sec.170","sectionType":"section","heading":"Withdrawal of directive","content":"### sec.170 Withdrawal of directive\n\nA directive given under subdivision 3 or 4 may be withdrawn by notice given by—\nfor a directive given by the chief inspector—the chief inspector; or\nfor a directive given by an inspector other than the chief inspector—the inspector or another inspector; or\nfor a directive given by an inspection officer—the inspection officer or an inspector; or\nfor a directive given by an industry safety and health representative—the industry safety and health representative or an inspector.\nSee also section 160 .\ns 170 sub 2024 No. 34 s 54\n- (a) for a directive given by the chief inspector—the chief inspector; or\n- (b) for a directive given by an inspector other than the chief inspector—the inspector or another inspector; or\n- (c) for a directive given by an inspection officer—the inspection officer or an inspector; or\n- (d) for a directive given by an industry safety and health representative—the industry safety and health representative or an inspector.","sortOrder":257},{"sectionNumber":"sec.171","sectionType":"section","heading":"Person must comply with directive","content":"### sec.171 Person must comply with directive\n\nA person to whom a directive is given under subdivision 3 or 4 must comply with the directive within the period stated in the directive.\nMaximum penalty—800 penalty units or 2 years imprisonment.\ns 171 sub 2024 No. 34 s 54","sortOrder":258},{"sectionNumber":"sec.172","sectionType":"section","heading":"Authorised official must keep record of directive","content":"### sec.172 Authorised official must keep record of directive\n\nThis section applies if an authorised official gives a directive under subdivision 3 or 4 .\nThe authorised official must keep an accurate record of the directive for at least 7 years after the directive is given.\ns 172 sub 2024 No. 34 s 54\n(sec.172-ssec.1) This section applies if an authorised official gives a directive under subdivision 3 or 4 .\n(sec.172-ssec.2) The authorised official must keep an accurate record of the directive for at least 7 years after the directive is given.","sortOrder":259},{"sectionNumber":"sec.173","sectionType":"section","heading":"Directive must be entered in mine record","content":"### sec.173 Directive must be entered in mine record\n\nThis section applies if an authorised official gives a directive relating to a coal mine under subdivision 3 or 4 .\nThe authorised official must, as soon as reasonably practicable after giving the directive—\nenter in the mine record the directive; and\nstate in the mine record the reason for the directive.\nThe site senior executive for the coal mine must enter in the mine record the action taken to comply with the directive as soon as practicable after taking the action.\nMaximum penalty—40 penalty units.\ns 173 amd 2007 No. 46 s 29\nsub 2024 No. 34 s 54\n(sec.173-ssec.1) This section applies if an authorised official gives a directive relating to a coal mine under subdivision 3 or 4 .\n(sec.173-ssec.2) The authorised official must, as soon as reasonably practicable after giving the directive— enter in the mine record the directive; and state in the mine record the reason for the directive.\n(sec.173-ssec.3) The site senior executive for the coal mine must enter in the mine record the action taken to comply with the directive as soon as practicable after taking the action. Maximum penalty—40 penalty units.\n- (a) enter in the mine record the directive; and\n- (b) state in the mine record the reason for the directive.","sortOrder":260},{"sectionNumber":"sec.174","sectionType":"section","heading":"Coal mine workers must have access to directives","content":"### sec.174 Coal mine workers must have access to directives\n\nThe site senior executive for a coal mine must make a copy of a directive given under subdivision 3 or 4 relating to the coal mine available for inspection by coal mine workers at the coal mine for at least 7 years after the directive is given.\nMaximum penalty—40 penalty units.\ns 174 amd 2002 No. 25 s 13\nsub 2024 No. 34 s 54","sortOrder":261},{"sectionNumber":"sec.174A","sectionType":"section","heading":"Authorised official must keep record of report","content":"### sec.174A Authorised official must keep record of report\n\nThis section applies if an authorised official gives a report to a person under this Act.\nThe authorised official must keep an accurate record of the report for at least 7 years after the report is given to the person.\ns 174A ins 2024 No. 34 s 54\n(sec.174A-ssec.1) This section applies if an authorised official gives a report to a person under this Act.\n(sec.174A-ssec.2) The authorised official must keep an accurate record of the report for at least 7 years after the report is given to the person.","sortOrder":262},{"sectionNumber":"sec.174B","sectionType":"section","heading":"Authorised official must keep record of inspection of coal mine","content":"### sec.174B Authorised official must keep record of inspection of coal mine\n\nThis section applies if an authorised official inspects a coal mine under this Act.\nThe authorised official must—\nmake a written report about the inspection; and\ngive a copy of the report to the coal mine operator, and site senior executive, for the coal mine.\ns 174B ins 2024 No. 34 s 54\n(sec.174B-ssec.1) This section applies if an authorised official inspects a coal mine under this Act.\n(sec.174B-ssec.2) The authorised official must— make a written report about the inspection; and give a copy of the report to the coal mine operator, and site senior executive, for the coal mine.\n- (a) make a written report about the inspection; and\n- (b) give a copy of the report to the coal mine operator, and site senior executive, for the coal mine.","sortOrder":263},{"sectionNumber":"sec.175","sectionType":"section","heading":"Application for review","content":"### sec.175 Application for review\n\nA person given a directive under division 5 , subdivision 3 or 4 by an authorised official (other than the chief inspector) may apply under this division for the directive to be reviewed.\ns 175 amd 2024 No. 34 s 55","sortOrder":264},{"sectionNumber":"sec.176","sectionType":"section","heading":"Procedure for review","content":"### sec.176 Procedure for review\n\nThe application must—\nbe made in writing to the chief inspector; and\nbe supported by enough information to allow the chief inspector to decide the application.\nThe application must be made to the chief inspector within—\n7 days after the day on which the person received the directive; or\nthe longer period, within 2 months after the day, the chief inspector in special circumstances allows.\nThe chief inspector must consider the application within 7 days after receiving it and immediately advise the applicant in writing whether the chief inspector considers the applicant has complied with subsection (1) .\nIf the chief inspector does not consider the application is supported by enough information to allow the chief inspector to decide the application, the chief inspector must advise the applicant what further information the chief inspector requires.\nWhen the chief inspector is satisfied the applicant has complied with subsection (1) , the chief inspector must immediately advise the applicant in writing of that fact.\n(sec.176-ssec.1) The application must— be made in writing to the chief inspector; and be supported by enough information to allow the chief inspector to decide the application.\n(sec.176-ssec.2) The application must be made to the chief inspector within— 7 days after the day on which the person received the directive; or the longer period, within 2 months after the day, the chief inspector in special circumstances allows.\n(sec.176-ssec.3) The chief inspector must consider the application within 7 days after receiving it and immediately advise the applicant in writing whether the chief inspector considers the applicant has complied with subsection (1) .\n(sec.176-ssec.4) If the chief inspector does not consider the application is supported by enough information to allow the chief inspector to decide the application, the chief inspector must advise the applicant what further information the chief inspector requires.\n(sec.176-ssec.5) When the chief inspector is satisfied the applicant has complied with subsection (1) , the chief inspector must immediately advise the applicant in writing of that fact.\n- (a) be made in writing to the chief inspector; and\n- (b) be supported by enough information to allow the chief inspector to decide the application.\n- (a) 7 days after the day on which the person received the directive; or\n- (b) the longer period, within 2 months after the day, the chief inspector in special circumstances allows.","sortOrder":265},{"sectionNumber":"sec.177","sectionType":"section","heading":"Review of directive","content":"### sec.177 Review of directive\n\nThe chief inspector must, within 14 days after giving the advice mentioned in section 176 (5) , review the directive and make a decision (the review decision )—\nto confirm the directive appealed against; or\nto vary or set aside the directive appealed against.\nThe chief inspector may give a directive in substitution for a directive the chief inspector decides to set aside.\nWithin 7 days after making the review decision, the chief inspector must give notice of the decision to the applicant.\nThe notice must—\ninclude the reasons for the review decision; and\nif the notice does not set aside the directive, tell the applicant of the applicant’s right of appeal against the decision.\nIf the chief inspector does not—\nreview the directive within the time allowed under subsection (1) ; or\nhaving reviewed the directive, advise the applicant of the review decision within the time allowed under subsection (3) ;\nthe applicant may appeal against the directive under part 14 .\n(sec.177-ssec.1) The chief inspector must, within 14 days after giving the advice mentioned in section 176 (5) , review the directive and make a decision (the review decision )— to confirm the directive appealed against; or to vary or set aside the directive appealed against.\n(sec.177-ssec.2) The chief inspector may give a directive in substitution for a directive the chief inspector decides to set aside.\n(sec.177-ssec.3) Within 7 days after making the review decision, the chief inspector must give notice of the decision to the applicant.\n(sec.177-ssec.4) The notice must— include the reasons for the review decision; and if the notice does not set aside the directive, tell the applicant of the applicant’s right of appeal against the decision.\n(sec.177-ssec.5) If the chief inspector does not— review the directive within the time allowed under subsection (1) ; or having reviewed the directive, advise the applicant of the review decision within the time allowed under subsection (3) ; the applicant may appeal against the directive under part 14 .\n- (a) to confirm the directive appealed against; or\n- (b) to vary or set aside the directive appealed against.\n- (a) include the reasons for the review decision; and\n- (b) if the notice does not set aside the directive, tell the applicant of the applicant’s right of appeal against the decision.\n- (a) review the directive within the time allowed under subsection (1) ; or\n- (b) having reviewed the directive, advise the applicant of the review decision within the time allowed under subsection (3) ;","sortOrder":266},{"sectionNumber":"sec.178","sectionType":"section","heading":"Stay of operation of directive","content":"### sec.178 Stay of operation of directive\n\nIf a person applies under this division for a directive to be reviewed, the person may immediately apply to the Industrial Court for a stay of the directive.\nThe court may stay the directive to secure the effectiveness of the review and any later appeal to the court.\nA stay—\nmay be given on conditions the court considers appropriate; and\noperates for the period fixed by the court; and\nmay be revoked or amended by the court.\nThe period of a stay must not extend past the time when the chief inspector reviews the directive and any later period the court allows the person to enable the person to appeal against the decision.\nAn application made for a review of a directive affects the directive, or the carrying out of the directive, only if the directive is stayed.\nHowever, a directive under section 163(2)(a) must not be stayed.\ns 178 amd 2024 No. 34 s 56\n(sec.178-ssec.1) If a person applies under this division for a directive to be reviewed, the person may immediately apply to the Industrial Court for a stay of the directive.\n(sec.178-ssec.2) The court may stay the directive to secure the effectiveness of the review and any later appeal to the court.\n(sec.178-ssec.3) A stay— may be given on conditions the court considers appropriate; and operates for the period fixed by the court; and may be revoked or amended by the court.\n(sec.178-ssec.4) The period of a stay must not extend past the time when the chief inspector reviews the directive and any later period the court allows the person to enable the person to appeal against the decision.\n(sec.178-ssec.5) An application made for a review of a directive affects the directive, or the carrying out of the directive, only if the directive is stayed.\n(sec.178-ssec.6) However, a directive under section 163(2)(a) must not be stayed.\n- (a) may be given on conditions the court considers appropriate; and\n- (b) operates for the period fixed by the court; and\n- (c) may be revoked or amended by the court.","sortOrder":267},{"sectionNumber":"pt.9-div.6","sectionType":"division","heading":"General enforcement offences","content":"## General enforcement offences","sortOrder":268},{"sectionNumber":"sec.179","sectionType":"section","heading":"False or misleading statements","content":"### sec.179 False or misleading statements\n\nA person must not state anything to an inspector, inspection officer, authorised officer or industry safety and health representative the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nIt is enough for a complaint for an offence against subsection (1) to allege and prove that the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.\ns 179 amd 2007 No. 46 s 30\n(sec.179-ssec.1) A person must not state anything to an inspector, inspection officer, authorised officer or industry safety and health representative the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.179-ssec.2) It is enough for a complaint for an offence against subsection (1) to allege and prove that the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.","sortOrder":269},{"sectionNumber":"sec.180","sectionType":"section","heading":"False or misleading documents","content":"### sec.180 False or misleading documents\n\nA person must not give an inspector, inspection officer, authorised officer or industry safety and health representative a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the inspector, inspection officer, authorised officer or industry safety and health representative, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\nAlso, a person must not make an entry in a document required or permitted to be made or kept under this Act knowing the entry to be false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nIt is enough for a complaint for an offence against subsection (1) or (3) to allege and prove that the document or entry was ‘false or misleading’ to the person’s knowledge, without specifying which.\ns 180 amd 2007 No. 46 s 31\n(sec.180-ssec.1) A person must not give an inspector, inspection officer, authorised officer or industry safety and health representative a document containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.180-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the inspector, inspection officer, authorised officer or industry safety and health representative, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.180-ssec.3) Also, a person must not make an entry in a document required or permitted to be made or kept under this Act knowing the entry to be false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.180-ssec.4) It is enough for a complaint for an offence against subsection (1) or (3) to allege and prove that the document or entry was ‘false or misleading’ to the person’s knowledge, without specifying which.\n- (a) tells the inspector, inspection officer, authorised officer or industry safety and health representative, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":270},{"sectionNumber":"sec.181","sectionType":"section","heading":"Obstructing inspectors, officers or industry safety and health representatives","content":"### sec.181 Obstructing inspectors, officers or industry safety and health representatives\n\nA person must not obstruct an inspector, inspection officer, authorised officer or industry safety and health representative in the exercise of a power, unless the person has a reasonable excuse.\nMaximum penalty—500 penalty units.\nIf a person has obstructed an inspector, inspection officer, authorised officer or industry safety and health representative and the inspector, officer or representative decides to proceed with the exercise of the power, the inspector, officer or representative must warn the person that—\nit is an offence to obstruct the inspector, officer or representative, unless the person has a reasonable excuse; and\nthe inspector, officer or representative considers the person’s conduct an obstruction.\ns 181 amd 2007 No. 46 s 32 ; 2018 No. 28 s 25 ; 2024 No. 34 s 57\n(sec.181-ssec.1) A person must not obstruct an inspector, inspection officer, authorised officer or industry safety and health representative in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—500 penalty units.\n(sec.181-ssec.2) If a person has obstructed an inspector, inspection officer, authorised officer or industry safety and health representative and the inspector, officer or representative decides to proceed with the exercise of the power, the inspector, officer or representative must warn the person that— it is an offence to obstruct the inspector, officer or representative, unless the person has a reasonable excuse; and the inspector, officer or representative considers the person’s conduct an obstruction.\n- (a) it is an offence to obstruct the inspector, officer or representative, unless the person has a reasonable excuse; and\n- (b) the inspector, officer or representative considers the person’s conduct an obstruction.","sortOrder":271},{"sectionNumber":"pt.10","sectionType":"part","heading":"Board of examiners","content":"# Board of examiners","sortOrder":272},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":273},{"sectionNumber":"sec.182","sectionType":"section","heading":"Purposes of pt 10","content":"### sec.182 Purposes of pt 10\n\nThe main purposes of this part are to provide for a board of examiners and to state its functions.","sortOrder":274},{"sectionNumber":"sec.182A","sectionType":"section","heading":"Definition for part","content":"### sec.182A Definition for part\n\nIn this part—\nboard qualification means—\na certificate of competency; or\na site senior executive notice; or\na practising certificate.\ns 182A ins 2024 No. 34 s 59\n- (a) a certificate of competency; or\n- (b) a site senior executive notice; or\n- (c) a practising certificate.","sortOrder":275},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Board of examiners and its functions","content":"## Board of examiners and its functions","sortOrder":276},{"sectionNumber":"sec.183","sectionType":"section","heading":"Inspector for pt 10","content":"### sec.183 Inspector for pt 10\n\nIn this part—\ninspector includes an inspector appointed under the Mining and Quarrying Safety and Health Act 1999 .","sortOrder":277},{"sectionNumber":"sec.184","sectionType":"section","heading":"Board of examiners","content":"### sec.184 Board of examiners\n\nThe board of examiners is established.","sortOrder":278},{"sectionNumber":"sec.185","sectionType":"section","heading":"Functions of board of examiners","content":"### sec.185 Functions of board of examiners\n\nThe board of examiners has the following functions—\nto decide the competencies necessary for holders of certificates of competency;\nto assess applicants, or have applicants assessed, for certificates of competency;\nto grant certificates of competency to persons who have demonstrated to the board’s satisfaction the appropriate competencies necessary to hold the certificates;\nto ensure the competencies under this Act are consistent with the competencies required by other States for the holders of certificates of competency;\nto issue notices ( site senior executive notices ) to persons who have demonstrated to the board’s satisfaction the safety and health competencies, recognised by the committee under section 76A (a) , required to perform the duties of a site senior executive for a coal mine;\nto develop and administer a scheme for the continuing professional development of holders of certificates of competency or site senior executive notices, including, for example—\ndeciding the type of continuing professional development required; and\ndeciding the minimum continuing professional development particular holders must undertake; and\nissuing practising certificates to holders who have completed the required continuing professional development; and\nrenewing practising certificates of holders who have completed the required continuing professional development;\nto perform other functions given to the board under this Act or the Mining and Quarrying Safety and Health Act 1999 .\ns 185 amd 2010 No. 17 s 23 ; 2018 No. 28 s 26 ; 2020 No. 10 s 139 sch 2 ; 2024 No. 34 s 60\n- (a) to decide the competencies necessary for holders of certificates of competency;\n- (b) to assess applicants, or have applicants assessed, for certificates of competency;\n- (c) to grant certificates of competency to persons who have demonstrated to the board’s satisfaction the appropriate competencies necessary to hold the certificates;\n- (d) to ensure the competencies under this Act are consistent with the competencies required by other States for the holders of certificates of competency;\n- (e) to issue notices ( site senior executive notices ) to persons who have demonstrated to the board’s satisfaction the safety and health competencies, recognised by the committee under section 76A (a) , required to perform the duties of a site senior executive for a coal mine;\n- (f) to develop and administer a scheme for the continuing professional development of holders of certificates of competency or site senior executive notices, including, for example— (i) deciding the type of continuing professional development required; and (ii) deciding the minimum continuing professional development particular holders must undertake; and (iii) issuing practising certificates to holders who have completed the required continuing professional development; and (iv) renewing practising certificates of holders who have completed the required continuing professional development;\n- (i) deciding the type of continuing professional development required; and\n- (ii) deciding the minimum continuing professional development particular holders must undertake; and\n- (iii) issuing practising certificates to holders who have completed the required continuing professional development; and\n- (iv) renewing practising certificates of holders who have completed the required continuing professional development;\n- (g) to perform other functions given to the board under this Act or the Mining and Quarrying Safety and Health Act 1999 .\n- (i) deciding the type of continuing professional development required; and\n- (ii) deciding the minimum continuing professional development particular holders must undertake; and\n- (iii) issuing practising certificates to holders who have completed the required continuing professional development; and\n- (iv) renewing practising certificates of holders who have completed the required continuing professional development;","sortOrder":279},{"sectionNumber":"sec.185A","sectionType":"section","heading":"Minister’s power to give directions in public interest","content":"### sec.185A Minister’s power to give directions in public interest\n\nThe Minister may give the board of examiners a written direction about a matter relevant to the performance of the board’s functions under this Act if the Minister is satisfied it is necessary, and in the public interest, to give the direction.\nWithout limiting subsection (1) , the direction may be—\nto give the Minister reports and information; or\nto apply a policy, standard or other instrument applying to a public sector unit.\nThe direction can not be about any of the following—\nissuing, or refusing to issue, a board qualification;\nrenewing, or refusing to renew, a board qualification;\notherwise amending, suspending or cancelling a board qualification.\nThe board of examiners must comply with the direction.\ns 185A ins 2024 No. 34 s 61\n(sec.185A-ssec.1) The Minister may give the board of examiners a written direction about a matter relevant to the performance of the board’s functions under this Act if the Minister is satisfied it is necessary, and in the public interest, to give the direction.\n(sec.185A-ssec.2) Without limiting subsection (1) , the direction may be— to give the Minister reports and information; or to apply a policy, standard or other instrument applying to a public sector unit.\n(sec.185A-ssec.3) The direction can not be about any of the following— issuing, or refusing to issue, a board qualification; renewing, or refusing to renew, a board qualification; otherwise amending, suspending or cancelling a board qualification.\n(sec.185A-ssec.4) The board of examiners must comply with the direction.\n- (a) to give the Minister reports and information; or\n- (b) to apply a policy, standard or other instrument applying to a public sector unit.\n- (a) issuing, or refusing to issue, a board qualification;\n- (b) renewing, or refusing to renew, a board qualification;\n- (c) otherwise amending, suspending or cancelling a board qualification.","sortOrder":280},{"sectionNumber":"sec.186","sectionType":"section","heading":"Membership","content":"### sec.186 Membership\n\nThe board of examiners is to consist of a chairperson and at least the following other persons (each a member )—\nat least 1 person with demonstrated expertise in the assessment of technical or safety competencies;\nthe following inspectors—\nthe chief inspector;\nthe chief inspector of mines under the Mining and Quarrying Safety and Health Act 1999 ;\nat least 1 inspector who holds a first class certificate of competency for an underground coal mine and a practising certificate relating to the certificate of competency;\nat least 1 inspector who holds a first class certificate of competency for an underground mine, and a practising certificate relating to the certificate of competency, under the Mining and Quarrying Safety and Health Act 1999 ;\nat least 1 person who—\nis employed by a coal mine operator; and\nholds a first class certificate of competency for an underground coal mine and a practising certificate relating to the certificate of competency;\nat least 1 person who—\nis employed by an operator under the Mining and Quarrying Safety and Health Act 1999 ; and\nholds a first class certificate of competency for an underground mine, and a practising certificate relating to the certificate of competency, under the Mining and Quarrying Safety and Health Act 1999 .\nThe chairperson—\nmust be appropriately qualified to perform the functions of chairperson of the board of examiners; and\nmust not be currently engaged in the mining industry.\nAll members, other than the chairperson or a member mentioned in subsection (1) (a) , must—\nbe currently engaged in the mining industry; and\nhave at least 10 years’ practical experience in the mining industry; and\nhold a certificate of competency under this Act or the Mining and Quarrying Safety and Health Act 1999 ; and\nhold the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (c) .\nFor subsection (3) (a) , the following persons are taken to be currently engaged in the mining industry—\nan inspector;\nan industry safety and health representative;\na district workers’ representative under the Mining and Quarrying Safety and Health Act 1999 .\nA member, other than a member mentioned in subsection (1) (b) (i) or (ii) , may be appointed for a term of not more than 5 years.\ns 186 amd 2000 No. 18 s 10 ; 2010 No. 17 s 24 ; 2018 No. 28 s 27\nsub 2024 No. 34 s 62\n(sec.186-ssec.1) The board of examiners is to consist of a chairperson and at least the following other persons (each a member )— at least 1 person with demonstrated expertise in the assessment of technical or safety competencies; the following inspectors— the chief inspector; the chief inspector of mines under the Mining and Quarrying Safety and Health Act 1999 ; at least 1 inspector who holds a first class certificate of competency for an underground coal mine and a practising certificate relating to the certificate of competency; at least 1 inspector who holds a first class certificate of competency for an underground mine, and a practising certificate relating to the certificate of competency, under the Mining and Quarrying Safety and Health Act 1999 ; at least 1 person who— is employed by a coal mine operator; and holds a first class certificate of competency for an underground coal mine and a practising certificate relating to the certificate of competency; at least 1 person who— is employed by an operator under the Mining and Quarrying Safety and Health Act 1999 ; and holds a first class certificate of competency for an underground mine, and a practising certificate relating to the certificate of competency, under the Mining and Quarrying Safety and Health Act 1999 .\n(sec.186-ssec.2) The chairperson— must be appropriately qualified to perform the functions of chairperson of the board of examiners; and must not be currently engaged in the mining industry.\n(sec.186-ssec.3) All members, other than the chairperson or a member mentioned in subsection (1) (a) , must— be currently engaged in the mining industry; and have at least 10 years’ practical experience in the mining industry; and hold a certificate of competency under this Act or the Mining and Quarrying Safety and Health Act 1999 ; and hold the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (c) .\n(sec.186-ssec.4) For subsection (3) (a) , the following persons are taken to be currently engaged in the mining industry— an inspector; an industry safety and health representative; a district workers’ representative under the Mining and Quarrying Safety and Health Act 1999 .\n(sec.186-ssec.5) A member, other than a member mentioned in subsection (1) (b) (i) or (ii) , may be appointed for a term of not more than 5 years.\n- (a) at least 1 person with demonstrated expertise in the assessment of technical or safety competencies;\n- (b) the following inspectors— (i) the chief inspector; (ii) the chief inspector of mines under the Mining and Quarrying Safety and Health Act 1999 ; (iii) at least 1 inspector who holds a first class certificate of competency for an underground coal mine and a practising certificate relating to the certificate of competency; (iv) at least 1 inspector who holds a first class certificate of competency for an underground mine, and a practising certificate relating to the certificate of competency, under the Mining and Quarrying Safety and Health Act 1999 ;\n- (i) the chief inspector;\n- (ii) the chief inspector of mines under the Mining and Quarrying Safety and Health Act 1999 ;\n- (iii) at least 1 inspector who holds a first class certificate of competency for an underground coal mine and a practising certificate relating to the certificate of competency;\n- (iv) at least 1 inspector who holds a first class certificate of competency for an underground mine, and a practising certificate relating to the certificate of competency, under the Mining and Quarrying Safety and Health Act 1999 ;\n- (c) at least 1 person who— (i) is employed by a coal mine operator; and (ii) holds a first class certificate of competency for an underground coal mine and a practising certificate relating to the certificate of competency;\n- (i) is employed by a coal mine operator; and\n- (ii) holds a first class certificate of competency for an underground coal mine and a practising certificate relating to the certificate of competency;\n- (d) at least 1 person who— (i) is employed by an operator under the Mining and Quarrying Safety and Health Act 1999 ; and (ii) holds a first class certificate of competency for an underground mine, and a practising certificate relating to the certificate of competency, under the Mining and Quarrying Safety and Health Act 1999 .\n- (i) is employed by an operator under the Mining and Quarrying Safety and Health Act 1999 ; and\n- (ii) holds a first class certificate of competency for an underground mine, and a practising certificate relating to the certificate of competency, under the Mining and Quarrying Safety and Health Act 1999 .\n- (i) the chief inspector;\n- (ii) the chief inspector of mines under the Mining and Quarrying Safety and Health Act 1999 ;\n- (iii) at least 1 inspector who holds a first class certificate of competency for an underground coal mine and a practising certificate relating to the certificate of competency;\n- (iv) at least 1 inspector who holds a first class certificate of competency for an underground mine, and a practising certificate relating to the certificate of competency, under the Mining and Quarrying Safety and Health Act 1999 ;\n- (i) is employed by a coal mine operator; and\n- (ii) holds a first class certificate of competency for an underground coal mine and a practising certificate relating to the certificate of competency;\n- (i) is employed by an operator under the Mining and Quarrying Safety and Health Act 1999 ; and\n- (ii) holds a first class certificate of competency for an underground mine, and a practising certificate relating to the certificate of competency, under the Mining and Quarrying Safety and Health Act 1999 .\n- (a) must be appropriately qualified to perform the functions of chairperson of the board of examiners; and\n- (b) must not be currently engaged in the mining industry.\n- (a) be currently engaged in the mining industry; and\n- (b) have at least 10 years’ practical experience in the mining industry; and\n- (c) hold a certificate of competency under this Act or the Mining and Quarrying Safety and Health Act 1999 ; and\n- (d) hold the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (c) .\n- (a) an inspector;\n- (b) an industry safety and health representative;\n- (c) a district workers’ representative under the Mining and Quarrying Safety and Health Act 1999 .","sortOrder":281},{"sectionNumber":"sec.187","sectionType":"section","heading":"Board of examiners to appoint secretary","content":"### sec.187 Board of examiners to appoint secretary\n\nThe board of examiners must appoint a person to be secretary to the board.","sortOrder":282},{"sectionNumber":"sec.188","sectionType":"section","heading":"Appointment of board of examiners","content":"### sec.188 Appointment of board of examiners\n\nThe members of the board of examiners, other than the members mentioned in section 186 (1) (b) (i) and (ii) , are to be appointed by the Governor in Council by gazette notice.\nThe members who are not inspectors are appointed under this Act and not the Public Sector Act 2022 .\ns 188 amd 2009 No. 25 s 83 sch ; 2018 No. 28 s 28 ; 2022 No. 34 s 365 sch 3 ; 2024 No. 34 s 63\n(sec.188-ssec.1) The members of the board of examiners, other than the members mentioned in section 186 (1) (b) (i) and (ii) , are to be appointed by the Governor in Council by gazette notice.\n(sec.188-ssec.2) The members who are not inspectors are appointed under this Act and not the Public Sector Act 2022 .","sortOrder":283},{"sectionNumber":"sec.189","sectionType":"section","heading":"Quorum and voting at meetings of the board","content":"### sec.189 Quorum and voting at meetings of the board\n\nAt a meeting of the board of examiners—\na quorum consists of half the number of members appointed to the board or, if that number is not a whole number, the next higher whole number; and\na question must be decided by a majority of the votes of the members present and voting; and\neach member present has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.\n- (a) a quorum consists of half the number of members appointed to the board or, if that number is not a whole number, the next higher whole number; and\n- (b) a question must be decided by a majority of the votes of the members present and voting; and\n- (c) each member present has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.","sortOrder":284},{"sectionNumber":"sec.190","sectionType":"section","heading":"Presiding at meetings of the board of examiners","content":"### sec.190 Presiding at meetings of the board of examiners\n\nThe chairperson must preside at all meetings of the board of examiners at which the chairperson is present.\nIn the absence of the chairperson, an inspector nominated by the chairperson presides.\nThe inspector nominated under subsection (2) must be a member of the board of examiners.\nIf the chairperson does not nominate an inspector under subsection (2) , the chief inspector presides.\ns 190 amd 2024 No. 34 s 64\n(sec.190-ssec.1) The chairperson must preside at all meetings of the board of examiners at which the chairperson is present.\n(sec.190-ssec.2) In the absence of the chairperson, an inspector nominated by the chairperson presides.\n(sec.190-ssec.3) The inspector nominated under subsection (2) must be a member of the board of examiners.\n(sec.190-ssec.4) If the chairperson does not nominate an inspector under subsection (2) , the chief inspector presides.","sortOrder":285},{"sectionNumber":"sec.191","sectionType":"section","heading":"Conditions of appointment","content":"### sec.191 Conditions of appointment\n\nA member of the board of examiners, other than a member who is an inspector, is entitled to be paid the fees and allowances decided by the Governor in Council.\nA member holds office on conditions not provided by this Act that are decided by the Minister.\n(sec.191-ssec.1) A member of the board of examiners, other than a member who is an inspector, is entitled to be paid the fees and allowances decided by the Governor in Council.\n(sec.191-ssec.2) A member holds office on conditions not provided by this Act that are decided by the Minister.","sortOrder":286},{"sectionNumber":"sec.192","sectionType":"section","heading":"Proceedings of the board of examiners","content":"### sec.192 Proceedings of the board of examiners\n\nThe way the board of examiners is to conduct its proceedings may be prescribed under a regulation.\nIf the way the board is to conduct its proceedings is not prescribed, the board may conduct its proceedings in the way it considers appropriate.\n(sec.192-ssec.1) The way the board of examiners is to conduct its proceedings may be prescribed under a regulation.\n(sec.192-ssec.2) If the way the board is to conduct its proceedings is not prescribed, the board may conduct its proceedings in the way it considers appropriate.","sortOrder":287},{"sectionNumber":"sec.193","sectionType":"section","heading":"Subcommittees","content":"### sec.193 Subcommittees\n\nThe board may appoint subcommittees to advise it on particular issues.\ns 193 sub 2010 No. 17 s 25","sortOrder":288},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"General","content":"## General","sortOrder":289},{"sectionNumber":"sec.193A","sectionType":"section","heading":"Register to be kept by board of examiners","content":"### sec.193A Register to be kept by board of examiners\n\nThe board of examiners must keep a register of—\ncertificates of competency granted by the board; and\nsite senior executive notices issued by the board; and\npractising certificates issued by the board; and\nnotices of registration given by the board under a mutual recognition Act.\nThe register must include the following information—\nfor a board qualification—\nthe name and contact details of the holder of the qualification; and\ndetails of the qualification; and\nthe status of the qualification, including, if it has been suspended, cancelled or surrendered under this Act, details of the suspension, cancellation or surrender;\nfor a notice mentioned in subsection (1) (d) —the name and contact details of the person to whom the notice was given;\nany other information prescribed by regulation.\nThe board of examiners may disclose information in the register, other than the contact details of an individual, to any person or agency.\ns 193A ins 2018 No. 28 s 29\namd 2024 No. 34 s 65\n(sec.193A-ssec.1) The board of examiners must keep a register of— certificates of competency granted by the board; and site senior executive notices issued by the board; and practising certificates issued by the board; and notices of registration given by the board under a mutual recognition Act.\n(sec.193A-ssec.2) The register must include the following information— for a board qualification— the name and contact details of the holder of the qualification; and details of the qualification; and the status of the qualification, including, if it has been suspended, cancelled or surrendered under this Act, details of the suspension, cancellation or surrender; for a notice mentioned in subsection (1) (d) —the name and contact details of the person to whom the notice was given; any other information prescribed by regulation.\n(sec.193A-ssec.3) The board of examiners may disclose information in the register, other than the contact details of an individual, to any person or agency.\n- (a) certificates of competency granted by the board; and\n- (b) site senior executive notices issued by the board; and\n- (c) practising certificates issued by the board; and\n- (d) notices of registration given by the board under a mutual recognition Act.\n- (a) for a board qualification— (i) the name and contact details of the holder of the qualification; and (ii) details of the qualification; and (iii) the status of the qualification, including, if it has been suspended, cancelled or surrendered under this Act, details of the suspension, cancellation or surrender;\n- (i) the name and contact details of the holder of the qualification; and\n- (ii) details of the qualification; and\n- (iii) the status of the qualification, including, if it has been suspended, cancelled or surrendered under this Act, details of the suspension, cancellation or surrender;\n- (b) for a notice mentioned in subsection (1) (d) —the name and contact details of the person to whom the notice was given;\n- (c) any other information prescribed by regulation.\n- (i) the name and contact details of the holder of the qualification; and\n- (ii) details of the qualification; and\n- (iii) the status of the qualification, including, if it has been suspended, cancelled or surrendered under this Act, details of the suspension, cancellation or surrender;","sortOrder":290},{"sectionNumber":"sec.194","sectionType":"section","heading":"Examiners to be qualified","content":"### sec.194 Examiners to be qualified\n\nA person must not assess an applicant for a certificate of competency unless the person has appropriate qualifications and experience to assess the applicant.\nMaximum penalty—100 penalty units.","sortOrder":291},{"sectionNumber":"sec.194A","sectionType":"section","heading":"Board of examiners may consider previous suspension, cancellation or surrender of board qualification","content":"### sec.194A Board of examiners may consider previous suspension, cancellation or surrender of board qualification\n\nThis section applies if—\na person has applied for the grant of a board qualification; and\na board qualification previously held by the person was suspended, cancelled or surrendered under this Act.\nThe board of examiners may have regard to the previous suspension, cancellation or surrender in deciding the application.\nSubsection (2) does not limit the matters to which the board of examiners may have regard in deciding the application.\ns 194A ins 2018 No. 28 s 30\namd 2024 No. 34 s 66\n(sec.194A-ssec.1) This section applies if— a person has applied for the grant of a board qualification; and a board qualification previously held by the person was suspended, cancelled or surrendered under this Act.\n(sec.194A-ssec.2) The board of examiners may have regard to the previous suspension, cancellation or surrender in deciding the application.\n(sec.194A-ssec.3) Subsection (2) does not limit the matters to which the board of examiners may have regard in deciding the application.\n- (a) a person has applied for the grant of a board qualification; and\n- (b) a board qualification previously held by the person was suspended, cancelled or surrendered under this Act.","sortOrder":292},{"sectionNumber":"sec.195","sectionType":"section","heading":"Obtaining board qualifications by fraud","content":"### sec.195 Obtaining board qualifications by fraud\n\nA person must not become, or attempt to become, the holder of a board qualification by giving false information to the board of examiners.\nMaximum penalty—400 penalty units.\nThe board of examiners may cancel a board qualification by notice to the holder if the board is satisfied the holder obtained the qualification by giving false information to the board.\nIf the board of examiners decides to cancel a board qualification, the board must give notice of the decision to the following persons, to the extent the persons are known to the board—\nfor a decision relating to a certificate of competency—the site senior executive for each coal mine at which the holder works;\nfor a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the holder works;\nfor a decision relating to a practising certificate held by a site senior executive—the coal mine operator for each coal mine at which the holder works;\nfor a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each coal mine at which the holder works.\ns 195 amd 2018 No. 28 s 31 ; 2024 No. 34 s 67\n(sec.195-ssec.1) A person must not become, or attempt to become, the holder of a board qualification by giving false information to the board of examiners. Maximum penalty—400 penalty units.\n(sec.195-ssec.2) The board of examiners may cancel a board qualification by notice to the holder if the board is satisfied the holder obtained the qualification by giving false information to the board.\n(sec.195-ssec.3) If the board of examiners decides to cancel a board qualification, the board must give notice of the decision to the following persons, to the extent the persons are known to the board— for a decision relating to a certificate of competency—the site senior executive for each coal mine at which the holder works; for a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the holder works; for a decision relating to a practising certificate held by a site senior executive—the coal mine operator for each coal mine at which the holder works; for a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each coal mine at which the holder works.\n- (a) for a decision relating to a certificate of competency—the site senior executive for each coal mine at which the holder works;\n- (b) for a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the holder works;\n- (c) for a decision relating to a practising certificate held by a site senior executive—the coal mine operator for each coal mine at which the holder works;\n- (d) for a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each coal mine at which the holder works.","sortOrder":293},{"sectionNumber":"sec.196","sectionType":"section","heading":"Return of board qualification","content":"### sec.196 Return of board qualification\n\nThe holder of a board qualification must, unless the holder has a reasonable excuse, immediately return the qualification to the board of examiners if—\nthe board has given the holder notice under section 195 (2) ; or\na Magistrates Court suspends or cancels the qualification under section 258 ; or\nthe CEO suspends or cancels the qualification under part 10A ; or\nthe holder surrenders the qualification.\nMaximum penalty—400 penalty units.\ns 196 amd 2018 No. 28 s 32 ; 2020 No. 10 s 139 sch 2 ; 2024 No. 34 s 68\n- (a) the board has given the holder notice under section 195 (2) ; or\n- (b) a Magistrates Court suspends or cancels the qualification under section 258 ; or\n- (c) the CEO suspends or cancels the qualification under part 10A ; or\n- (d) the holder surrenders the qualification.","sortOrder":294},{"sectionNumber":"sec.196A","sectionType":"section","heading":"Effect on particular appointments of suspension, cancellation or surrender of board qualification","content":"### sec.196A Effect on particular appointments of suspension, cancellation or surrender of board qualification\n\nThis section applies if—\na board qualification held by a person is suspended, cancelled or surrendered under this Act; and\nimmediately before the suspension, cancellation or surrender took effect, the person held an appointment under this Act; and\nthis Act requires a person to hold the board qualification to be appointed to the position.\nThe person’s appointment to the position ends on the suspension, cancellation or surrender of the person’s board qualification.\ns 196A ins 2018 No. 28 s 33\namd 2024 No. 34 s 69\n(sec.196A-ssec.1) This section applies if— a board qualification held by a person is suspended, cancelled or surrendered under this Act; and immediately before the suspension, cancellation or surrender took effect, the person held an appointment under this Act; and this Act requires a person to hold the board qualification to be appointed to the position.\n(sec.196A-ssec.2) The person’s appointment to the position ends on the suspension, cancellation or surrender of the person’s board qualification.\n- (a) a board qualification held by a person is suspended, cancelled or surrendered under this Act; and\n- (b) immediately before the suspension, cancellation or surrender took effect, the person held an appointment under this Act; and\n- (c) this Act requires a person to hold the board qualification to be appointed to the position.","sortOrder":295},{"sectionNumber":"sec.197","sectionType":"section","heading":"Annual report","content":"### sec.197 Annual report\n\nAs soon as practicable, but within 4 months, after the end of each financial year, the board of examiners must prepare and give to the Minister a report on the board’s operations for the year.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving it.\n(sec.197-ssec.1) As soon as practicable, but within 4 months, after the end of each financial year, the board of examiners must prepare and give to the Minister a report on the board’s operations for the year.\n(sec.197-ssec.2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving it.","sortOrder":296},{"sectionNumber":"pt.10A","sectionType":"part","heading":"Suspension and cancellation of board qualifications by CEO","content":"# Suspension and cancellation of board qualifications by CEO","sortOrder":297},{"sectionNumber":"sec.197A","sectionType":"section","heading":"Grounds for suspension or cancellation","content":"### sec.197A Grounds for suspension or cancellation\n\nEach of the following is a ground for suspending or cancelling a person’s certificate of competency under this part—\nthe person has contravened a safety and health obligation;\nthe person has committed an offence against a law of Queensland or another State (a corresponding law ) relating to mining safety;\na certificate, equivalent to a certificate of competency, that was issued to the person under a corresponding law of another State has been suspended or cancelled.\nEach of the following is a ground for suspending or cancelling a person’s site senior executive notice under this part—\nthe person has contravened a safety and health obligation;\nthe person has committed an offence against a corresponding law.\nThe only ground for suspending or cancelling a person’s practising certificate under this part is that the person has failed to complete the requirements of the board of examiners to hold the certificate.\ns 197A ins 2018 No. 28 s 34\namd 2024 No. 34 s 71\n(sec.197A-ssec.1) Each of the following is a ground for suspending or cancelling a person’s certificate of competency under this part— the person has contravened a safety and health obligation; the person has committed an offence against a law of Queensland or another State (a corresponding law ) relating to mining safety; a certificate, equivalent to a certificate of competency, that was issued to the person under a corresponding law of another State has been suspended or cancelled.\n(sec.197A-ssec.2) Each of the following is a ground for suspending or cancelling a person’s site senior executive notice under this part— the person has contravened a safety and health obligation; the person has committed an offence against a corresponding law.\n(sec.197A-ssec.3) The only ground for suspending or cancelling a person’s practising certificate under this part is that the person has failed to complete the requirements of the board of examiners to hold the certificate.\n- (a) the person has contravened a safety and health obligation;\n- (b) the person has committed an offence against a law of Queensland or another State (a corresponding law ) relating to mining safety;\n- (c) a certificate, equivalent to a certificate of competency, that was issued to the person under a corresponding law of another State has been suspended or cancelled.\n- (a) the person has contravened a safety and health obligation;\n- (b) the person has committed an offence against a corresponding law.","sortOrder":298},{"sectionNumber":"sec.197B","sectionType":"section","heading":"Notice of proposed action","content":"### sec.197B Notice of proposed action\n\nThis section applies if the CEO considers there is a ground to suspend or cancel a person’s board qualification (the proposed action ).\nBefore taking the proposed action, the CEO must give the person a notice (a proposed action notice ) stating each of the following matters—\nthe proposed action;\nthe ground for the proposed action;\nan outline of the facts and circumstances forming the basis for the ground;\nif the proposed action is to suspend the board qualification—the proposed period of the suspension;\nthat the person may make a written submission to the CEO, within a stated period of at least 28 days, to show why the proposed action should not be taken.\ns 197B ins 2018 No. 28 s 34\namd 2020 No. 10 s 139 sch 2 ; 2024 No. 34 s 72\n(sec.197B-ssec.1) This section applies if the CEO considers there is a ground to suspend or cancel a person’s board qualification (the proposed action ).\n(sec.197B-ssec.2) Before taking the proposed action, the CEO must give the person a notice (a proposed action notice ) stating each of the following matters— the proposed action; the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is to suspend the board qualification—the proposed period of the suspension; that the person may make a written submission to the CEO, within a stated period of at least 28 days, to show why the proposed action should not be taken.\n- (a) the proposed action;\n- (b) the ground for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the ground;\n- (d) if the proposed action is to suspend the board qualification—the proposed period of the suspension;\n- (e) that the person may make a written submission to the CEO, within a stated period of at least 28 days, to show why the proposed action should not be taken.","sortOrder":299},{"sectionNumber":"sec.197C","sectionType":"section","heading":"Submission against taking of proposed action","content":"### sec.197C Submission against taking of proposed action\n\nThe person may, within the period stated in the proposed action notice under section 197B (2) (e) , make a written submission to the CEO to show why the proposed action should not be taken.\ns 197C ins 2018 No. 28 s 34\namd 2020 No. 10 s 139 sch 2","sortOrder":300},{"sectionNumber":"sec.197D","sectionType":"section","heading":"Decision to take proposed action","content":"### sec.197D Decision to take proposed action\n\nThis section applies if—\nthe period stated in the proposed action notice under section 197B (2) (e) has ended; and\nthe CEO has considered any written submission made by the person under section 197C ; and\nthe CEO still considers a ground exists to take the proposed action.\nThe CEO may decide—\nif the proposed action was to suspend the board qualification—to suspend the qualification for no longer than the proposed period of the suspension stated in the proposed action notice; or\nif the proposed action was to cancel the board qualification—to cancel the qualification or suspend it for a period.\nThe CEO must give the person notice of the decision.\nThe notice must state each of the following matters—\nthe CEO’s decision;\nthe reasons for the decision;\nthat the person may appeal against the decision within 28 days;\nhow the person may appeal;\nthat the person may apply for a stay of the decision if the person appeals against it.\nThe decision takes effect on the day the notice is given to the person.\nThe CEO must give notice of the decision to—\nthe following persons, to the extent the persons are known to the CEO—\nfor a decision relating to a certificate of competency—the site senior executive for each coal mine at which the person works;\nfor a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the person works;\nfor a decision relating to a practising certificate held by a site senior executive—the coal mine operator for each coal mine at which the person works;\nfor a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each coal mine at which the person works; and\nthe board of examiners.\ns 197D ins 2018 No. 28 s 34\namd 2020 No. 10 s 139 sch 2 ; 2024 No. 34 s 73\n(sec.197D-ssec.1) This section applies if— the period stated in the proposed action notice under section 197B (2) (e) has ended; and the CEO has considered any written submission made by the person under section 197C ; and the CEO still considers a ground exists to take the proposed action.\n(sec.197D-ssec.2) The CEO may decide— if the proposed action was to suspend the board qualification—to suspend the qualification for no longer than the proposed period of the suspension stated in the proposed action notice; or if the proposed action was to cancel the board qualification—to cancel the qualification or suspend it for a period.\n(sec.197D-ssec.3) The CEO must give the person notice of the decision.\n(sec.197D-ssec.4) The notice must state each of the following matters— the CEO’s decision; the reasons for the decision; that the person may appeal against the decision within 28 days; how the person may appeal; that the person may apply for a stay of the decision if the person appeals against it.\n(sec.197D-ssec.5) The decision takes effect on the day the notice is given to the person.\n(sec.197D-ssec.6) The CEO must give notice of the decision to— the following persons, to the extent the persons are known to the CEO— for a decision relating to a certificate of competency—the site senior executive for each coal mine at which the person works; for a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the person works; for a decision relating to a practising certificate held by a site senior executive—the coal mine operator for each coal mine at which the person works; for a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each coal mine at which the person works; and the board of examiners.\n- (a) the period stated in the proposed action notice under section 197B (2) (e) has ended; and\n- (b) the CEO has considered any written submission made by the person under section 197C ; and\n- (c) the CEO still considers a ground exists to take the proposed action.\n- (a) if the proposed action was to suspend the board qualification—to suspend the qualification for no longer than the proposed period of the suspension stated in the proposed action notice; or\n- (b) if the proposed action was to cancel the board qualification—to cancel the qualification or suspend it for a period.\n- (a) the CEO’s decision;\n- (b) the reasons for the decision;\n- (c) that the person may appeal against the decision within 28 days;\n- (d) how the person may appeal;\n- (e) that the person may apply for a stay of the decision if the person appeals against it.\n- (a) the following persons, to the extent the persons are known to the CEO— (i) for a decision relating to a certificate of competency—the site senior executive for each coal mine at which the person works; (ii) for a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the person works; (iii) for a decision relating to a practising certificate held by a site senior executive—the coal mine operator for each coal mine at which the person works; (iv) for a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each coal mine at which the person works; and\n- (i) for a decision relating to a certificate of competency—the site senior executive for each coal mine at which the person works;\n- (ii) for a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the person works;\n- (iii) for a decision relating to a practising certificate held by a site senior executive—the coal mine operator for each coal mine at which the person works;\n- (iv) for a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each coal mine at which the person works; and\n- (b) the board of examiners.\n- (i) for a decision relating to a certificate of competency—the site senior executive for each coal mine at which the person works;\n- (ii) for a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the person works;\n- (iii) for a decision relating to a practising certificate held by a site senior executive—the coal mine operator for each coal mine at which the person works;\n- (iv) for a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each coal mine at which the person works; and","sortOrder":301},{"sectionNumber":"sec.197E","sectionType":"section","heading":"Automatic cancellation or suspension of practising certificate","content":"### sec.197E Automatic cancellation or suspension of practising certificate\n\nThis section applies if a person’s certificate of competency or site senior executive notice is cancelled or suspended under this part or by a court.\nAny practising certificate, relating to the certificate of competency or site senior executive notice, held by the person is also cancelled or suspended for the same period.\ns 197E ins 2024 No. 34 s 74\n(sec.197E-ssec.1) This section applies if a person’s certificate of competency or site senior executive notice is cancelled or suspended under this part or by a court.\n(sec.197E-ssec.2) Any practising certificate, relating to the certificate of competency or site senior executive notice, held by the person is also cancelled or suspended for the same period.","sortOrder":302},{"sectionNumber":"pt.11","sectionType":"part","heading":"Accidents and incidents","content":"# Accidents and incidents","sortOrder":303},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Notification, information and inspections","content":"## Notification, information and inspections","sortOrder":304},{"sectionNumber":"sec.198","sectionType":"section","heading":"Notice of accidents, deaths or incidents","content":"### sec.198 Notice of accidents, deaths or incidents\n\nIf the site senior executive for a coal mine becomes aware of a serious accident or death at the coal mine, the site senior executive must as soon as possible after becoming aware—\norally notify an inspector—\nabout the accident or death; and\nabout the required information for the notification, to the extent the information is known to the site senior executive; and\norally notify an industry safety and health representative—\nabout the accident or death; and\nabout the required information for the notification, to the extent the information is known to the site senior executive.\nMaximum penalty—100 penalty units.\nAlso, if the site senior executive for a coal mine becomes aware of a high potential incident at the coal mine, the site senior executive must as soon as possible after becoming aware orally notify an industry safety and health representative—\nabout the incident; and\nabout the required information for the notification, to the extent the information is known to the site senior executive.\nMaximum penalty—100 penalty units.\nFurther, if the site senior executive for a coal mine becomes aware of a serious accident, death or high potential incident at the coal mine, the site senior executive must as soon as practicable after becoming aware—\nnotify an inspector about the accident, death or incident by notice in the approved form; and\nnotify an industry safety and health representative about the accident, death or incident by notice.\nMaximum penalty—100 penalty units.\nThe approved form mentioned in subsection (3) (a) must make provision for particular information to be provided about the accident, death or incident.\nThe notice mentioned in subsection (3) (b) must include the following information about the accident, death or incident—\nthe precise location where the accident, death or incident happened;\nwhen the accident, death or incident happened;\nthe number of persons involved in the accident, death or incident;\nif the notification is about a death, whether or not caused by an accident—the name of the person who died;\nif the notification is about a serious accident or high potential incident—\nthe name of any person who saw the accident or incident, or who was present when the accident or incident happened; and\nthe name of any person who was injured as a result of the accident or incident;\nif no one was present when a person mentioned in paragraph (d) died or a person mentioned in paragraph (e) (ii) was injured—the name of the person who found the deceased or injured person;\na brief description of how the accident, death or incident happened.\n‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’\n‘A worker fell from the top of a storage bin into the wash plant.’\nIf the site senior executive does not know the required information at the time the site senior executive is required to notify a person under subsection (3) the site senior executive must—\ntake all reasonable steps to find out the required information as soon as possible; and\nas soon as possible after the required information becomes known to the site senior executive, give the required information to the person.\nMaximum penalty—100 penalty units.\nFor a proceeding under subsection (1) , (2) , (3) or (6) , it is not a defence that the giving of the required information might tend to incriminate the site senior executive.\nThe required information is not admissible in evidence against the site senior executive in a criminal proceeding.\nSubsection (8) does not prevent the required information being admitted in evidence in a criminal proceeding about the falsity or misleading nature of the required information.\nIn this section—\nrequired information means—\nin relation to a notification required to be given to an inspector—the information required by the approved form mentioned in subsection (3) (a) ; or\nin relation to a notification required to be given to an industry safety and health representative—the information required under subsection (5) in the notice mentioned in subsection (3) (b) .\ns 198 amd 2002 No. 25 s 14 ; 2007 No. 46 s 33 ; 2008 No. 33 s 46 ; 2018 No. 28 s 35\nsub 2024 No. 34 s 75\n(sec.198-ssec.1) If the site senior executive for a coal mine becomes aware of a serious accident or death at the coal mine, the site senior executive must as soon as possible after becoming aware— orally notify an inspector— about the accident or death; and about the required information for the notification, to the extent the information is known to the site senior executive; and orally notify an industry safety and health representative— about the accident or death; and about the required information for the notification, to the extent the information is known to the site senior executive. Maximum penalty—100 penalty units.\n(sec.198-ssec.2) Also, if the site senior executive for a coal mine becomes aware of a high potential incident at the coal mine, the site senior executive must as soon as possible after becoming aware orally notify an industry safety and health representative— about the incident; and about the required information for the notification, to the extent the information is known to the site senior executive. Maximum penalty—100 penalty units.\n(sec.198-ssec.3) Further, if the site senior executive for a coal mine becomes aware of a serious accident, death or high potential incident at the coal mine, the site senior executive must as soon as practicable after becoming aware— notify an inspector about the accident, death or incident by notice in the approved form; and notify an industry safety and health representative about the accident, death or incident by notice. Maximum penalty—100 penalty units.\n(sec.198-ssec.4) The approved form mentioned in subsection (3) (a) must make provision for particular information to be provided about the accident, death or incident.\n(sec.198-ssec.5) The notice mentioned in subsection (3) (b) must include the following information about the accident, death or incident— the precise location where the accident, death or incident happened; when the accident, death or incident happened; the number of persons involved in the accident, death or incident; if the notification is about a death, whether or not caused by an accident—the name of the person who died; if the notification is about a serious accident or high potential incident— the name of any person who saw the accident or incident, or who was present when the accident or incident happened; and the name of any person who was injured as a result of the accident or incident; if no one was present when a person mentioned in paragraph (d) died or a person mentioned in paragraph (e) (ii) was injured—the name of the person who found the deceased or injured person; a brief description of how the accident, death or incident happened. ‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’ ‘A worker fell from the top of a storage bin into the wash plant.’\n(sec.198-ssec.6) If the site senior executive does not know the required information at the time the site senior executive is required to notify a person under subsection (3) the site senior executive must— take all reasonable steps to find out the required information as soon as possible; and as soon as possible after the required information becomes known to the site senior executive, give the required information to the person. Maximum penalty—100 penalty units.\n(sec.198-ssec.7) For a proceeding under subsection (1) , (2) , (3) or (6) , it is not a defence that the giving of the required information might tend to incriminate the site senior executive.\n(sec.198-ssec.8) The required information is not admissible in evidence against the site senior executive in a criminal proceeding.\n(sec.198-ssec.9) Subsection (8) does not prevent the required information being admitted in evidence in a criminal proceeding about the falsity or misleading nature of the required information.\n(sec.198-ssec.10) In this section— required information means— in relation to a notification required to be given to an inspector—the information required by the approved form mentioned in subsection (3) (a) ; or in relation to a notification required to be given to an industry safety and health representative—the information required under subsection (5) in the notice mentioned in subsection (3) (b) .\n- (a) orally notify an inspector— (i) about the accident or death; and (ii) about the required information for the notification, to the extent the information is known to the site senior executive; and\n- (i) about the accident or death; and\n- (ii) about the required information for the notification, to the extent the information is known to the site senior executive; and\n- (b) orally notify an industry safety and health representative— (i) about the accident or death; and (ii) about the required information for the notification, to the extent the information is known to the site senior executive.\n- (i) about the accident or death; and\n- (ii) about the required information for the notification, to the extent the information is known to the site senior executive.\n- (i) about the accident or death; and\n- (ii) about the required information for the notification, to the extent the information is known to the site senior executive; and\n- (i) about the accident or death; and\n- (ii) about the required information for the notification, to the extent the information is known to the site senior executive.\n- (a) about the incident; and\n- (b) about the required information for the notification, to the extent the information is known to the site senior executive.\n- (a) notify an inspector about the accident, death or incident by notice in the approved form; and\n- (b) notify an industry safety and health representative about the accident, death or incident by notice.\n- (a) the precise location where the accident, death or incident happened;\n- (b) when the accident, death or incident happened;\n- (c) the number of persons involved in the accident, death or incident;\n- (d) if the notification is about a death, whether or not caused by an accident—the name of the person who died;\n- (e) if the notification is about a serious accident or high potential incident— (i) the name of any person who saw the accident or incident, or who was present when the accident or incident happened; and (ii) the name of any person who was injured as a result of the accident or incident;\n- (i) the name of any person who saw the accident or incident, or who was present when the accident or incident happened; and\n- (ii) the name of any person who was injured as a result of the accident or incident;\n- (f) if no one was present when a person mentioned in paragraph (d) died or a person mentioned in paragraph (e) (ii) was injured—the name of the person who found the deceased or injured person;\n- (g) a brief description of how the accident, death or incident happened. Examples of types of descriptions that may be given under paragraph (g) — • ‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’ • ‘A worker fell from the top of a storage bin into the wash plant.’\n- • ‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’\n- • ‘A worker fell from the top of a storage bin into the wash plant.’\n- (i) the name of any person who saw the accident or incident, or who was present when the accident or incident happened; and\n- (ii) the name of any person who was injured as a result of the accident or incident;\n- • ‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’\n- • ‘A worker fell from the top of a storage bin into the wash plant.’\n- (a) take all reasonable steps to find out the required information as soon as possible; and\n- (b) as soon as possible after the required information becomes known to the site senior executive, give the required information to the person.\n- (a) in relation to a notification required to be given to an inspector—the information required by the approved form mentioned in subsection (3) (a) ; or\n- (b) in relation to a notification required to be given to an industry safety and health representative—the information required under subsection (5) in the notice mentioned in subsection (3) (b) .","sortOrder":305},{"sectionNumber":"sec.198AA","sectionType":"section","heading":"Notice of reportable diseases","content":"### sec.198AA Notice of reportable diseases\n\nIf the site senior executive for a coal mine becomes aware that a relevant worker has been diagnosed with a reportable disease, the site senior executive must, as soon as practicable after becoming aware—\nnotify an inspector about the disease by notice in the approved form; and\nnotify an industry safety and health representative about the disease by notice.\nMaximum penalty—100 penalty units.\nIf a prescribed person becomes aware that a relevant worker has been diagnosed with a reportable disease, the prescribed person must, as soon as practicable after becoming aware, notify the chief inspector by notice in the approved form.\nMaximum penalty—100 penalty units.\nThe approved form mentioned in subsections (1) (a) and (2) must make provision for stating the name and date of birth of the person diagnosed with the reportable disease.\nThis section does not apply in the circumstances prescribed by regulation.\nIn this section—\nprescribed person means a person prescribed by regulation for subsection (2) .\nrelevant worker means—\na person who is, was or may become a coal mine worker; or\na person who is, was or may become a worker under the Mining and Quarrying Safety and Health Act 1999 .\nreportable disease means a disease prescribed by regulation to be a reportable disease.\ns 198AA ins 2024 No. 34 s 75\n(sec.198AA-ssec.1) If the site senior executive for a coal mine becomes aware that a relevant worker has been diagnosed with a reportable disease, the site senior executive must, as soon as practicable after becoming aware— notify an inspector about the disease by notice in the approved form; and notify an industry safety and health representative about the disease by notice. Maximum penalty—100 penalty units.\n(sec.198AA-ssec.2) If a prescribed person becomes aware that a relevant worker has been diagnosed with a reportable disease, the prescribed person must, as soon as practicable after becoming aware, notify the chief inspector by notice in the approved form. Maximum penalty—100 penalty units.\n(sec.198AA-ssec.3) The approved form mentioned in subsections (1) (a) and (2) must make provision for stating the name and date of birth of the person diagnosed with the reportable disease.\n(sec.198AA-ssec.4) This section does not apply in the circumstances prescribed by regulation.\n(sec.198AA-ssec.5) In this section— prescribed person means a person prescribed by regulation for subsection (2) . relevant worker means— a person who is, was or may become a coal mine worker; or a person who is, was or may become a worker under the Mining and Quarrying Safety and Health Act 1999 . reportable disease means a disease prescribed by regulation to be a reportable disease.\n- (a) notify an inspector about the disease by notice in the approved form; and\n- (b) notify an industry safety and health representative about the disease by notice.\n- (a) a person who is, was or may become a coal mine worker; or\n- (b) a person who is, was or may become a worker under the Mining and Quarrying Safety and Health Act 1999 .","sortOrder":306},{"sectionNumber":"sec.198A","sectionType":"section","heading":"Requirement to give primary information","content":"### sec.198A Requirement to give primary information\n\nFor conducting an investigation into a serious accident, high potential incident or death at a coal mine, an officer may require a person to give the officer any of the following information ( primary information ) about the accident, incident or death—\nthe precise location where the accident, incident or death happened;\nwhen the accident, incident or death happened;\nthe number of persons involved in the accident, incident or death;\nif the notification is about a death, whether or not caused by an accident—the name of the person who died;\nif the notification is about a serious accident or high potential incident—\nthe name of any person who saw the accident or incident, or who was present when the accident or incident happened; and\nthe name of any person who was injured as a result of the accident or incident;\nif no one was present when the person mentioned in paragraph (d) died or the person mentioned in paragraph (e) (ii) was injured—the name of the person who found the deceased or injured person;\na brief description of how the accident, incident or death happened.\n‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’\n‘A worker fell from the top of a storage bin into the wash plant.’\nWhen making a requirement mentioned in subsection (1) , the officer must warn the person it is an offence to fail to comply with the requirement.\nA person required to give primary information under subsection (1) must comply with the requirement.\nMaximum penalty—40 penalty units.\nIf the officer requires the person to give the officer primary information, it is not a defence in a proceeding under subsection (3) that the giving of the primary information might tend to incriminate the person, unless, in relation to an accident or incident—\nthe person is an involved person; and\nthe primary information is the information mentioned in subsection (1) (g) .\nPrimary information given under subsection (1) is not admissible in evidence against the person in any criminal proceeding.\nSubsection (5) does not prevent the primary information being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary information.\nIn this section—\ninvolved person , for an accident or incident, means an individual who was directly involved in the accident or incident.\na member of the crew of the deceased or injured person, who was present at the accident or incident\nan individual who was operating plant involved in the accident or incident\nofficer means an inspector, inspection officer or an authorised officer.\ns 198A ins 2008 No. 33 s 47\namd 2011 No. 2 s 18\n(sec.198A-ssec.1) For conducting an investigation into a serious accident, high potential incident or death at a coal mine, an officer may require a person to give the officer any of the following information ( primary information ) about the accident, incident or death— the precise location where the accident, incident or death happened; when the accident, incident or death happened; the number of persons involved in the accident, incident or death; if the notification is about a death, whether or not caused by an accident—the name of the person who died; if the notification is about a serious accident or high potential incident— the name of any person who saw the accident or incident, or who was present when the accident or incident happened; and the name of any person who was injured as a result of the accident or incident; if no one was present when the person mentioned in paragraph (d) died or the person mentioned in paragraph (e) (ii) was injured—the name of the person who found the deceased or injured person; a brief description of how the accident, incident or death happened. ‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’ ‘A worker fell from the top of a storage bin into the wash plant.’\n(sec.198A-ssec.2) When making a requirement mentioned in subsection (1) , the officer must warn the person it is an offence to fail to comply with the requirement.\n(sec.198A-ssec.3) A person required to give primary information under subsection (1) must comply with the requirement. Maximum penalty—40 penalty units.\n(sec.198A-ssec.4) If the officer requires the person to give the officer primary information, it is not a defence in a proceeding under subsection (3) that the giving of the primary information might tend to incriminate the person, unless, in relation to an accident or incident— the person is an involved person; and the primary information is the information mentioned in subsection (1) (g) .\n(sec.198A-ssec.5) Primary information given under subsection (1) is not admissible in evidence against the person in any criminal proceeding.\n(sec.198A-ssec.6) Subsection (5) does not prevent the primary information being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary information.\n(sec.198A-ssec.7) In this section— involved person , for an accident or incident, means an individual who was directly involved in the accident or incident. a member of the crew of the deceased or injured person, who was present at the accident or incident an individual who was operating plant involved in the accident or incident officer means an inspector, inspection officer or an authorised officer.\n- (a) the precise location where the accident, incident or death happened;\n- (b) when the accident, incident or death happened;\n- (c) the number of persons involved in the accident, incident or death;\n- (d) if the notification is about a death, whether or not caused by an accident—the name of the person who died;\n- (e) if the notification is about a serious accident or high potential incident— (i) the name of any person who saw the accident or incident, or who was present when the accident or incident happened; and (ii) the name of any person who was injured as a result of the accident or incident;\n- (i) the name of any person who saw the accident or incident, or who was present when the accident or incident happened; and\n- (ii) the name of any person who was injured as a result of the accident or incident;\n- (f) if no one was present when the person mentioned in paragraph (d) died or the person mentioned in paragraph (e) (ii) was injured—the name of the person who found the deceased or injured person;\n- (g) a brief description of how the accident, incident or death happened. Examples of types of descriptions that may be given under paragraph (g) — • ‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’ • ‘A worker fell from the top of a storage bin into the wash plant.’\n- • ‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’\n- • ‘A worker fell from the top of a storage bin into the wash plant.’\n- (i) the name of any person who saw the accident or incident, or who was present when the accident or incident happened; and\n- (ii) the name of any person who was injured as a result of the accident or incident;\n- • ‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’\n- • ‘A worker fell from the top of a storage bin into the wash plant.’\n- (a) the person is an involved person; and\n- (b) the primary information is the information mentioned in subsection (1) (g) .\n- • a member of the crew of the deceased or injured person, who was present at the accident or incident\n- • an individual who was operating plant involved in the accident or incident","sortOrder":307},{"sectionNumber":"sec.199","sectionType":"section","heading":"Place of accident must be inspected","content":"### sec.199 Place of accident must be inspected\n\nAs soon as practicable after receiving a report of a serious accident causing death at a coal mine, an inspector must inspect the place of the accident, investigate the accident to determine its nature and cause, and report the findings of the investigation to the chief inspector.","sortOrder":308},{"sectionNumber":"sec.199A","sectionType":"section","heading":"Site senior executive must tell contractor particular matters","content":"### sec.199A Site senior executive must tell contractor particular matters\n\nThis section applies if—\na contractor provides or arranges for a coal mine worker to perform work, or provide a service, at a coal mine; and\nthe site senior executive for the coal mine becomes aware of any of the following matters—\nan injury or illness to the coal mine worker from coal mining operations that causes the worker to be absent from work;\na high potential incident happening at the coal mine that causes or has the potential to cause a significant adverse effect on the safety or health of the coal mine worker;\nany proposed change to the coal mine, or plant or substance used at the coal mine, that affects, or may affect, the safety and health of the coal mine worker.\nThe site senior executive for the coal mine must tell the contractor about the matter as soon as practicable after the matter comes to the site senior executive’s knowledge.\nMaximum penalty—100 penalty units.\ns 199A ins 2024 No. 34 s 76\n(sec.199A-ssec.1) This section applies if— a contractor provides or arranges for a coal mine worker to perform work, or provide a service, at a coal mine; and the site senior executive for the coal mine becomes aware of any of the following matters— an injury or illness to the coal mine worker from coal mining operations that causes the worker to be absent from work; a high potential incident happening at the coal mine that causes or has the potential to cause a significant adverse effect on the safety or health of the coal mine worker; any proposed change to the coal mine, or plant or substance used at the coal mine, that affects, or may affect, the safety and health of the coal mine worker.\n(sec.199A-ssec.2) The site senior executive for the coal mine must tell the contractor about the matter as soon as practicable after the matter comes to the site senior executive’s knowledge. Maximum penalty—100 penalty units.\n- (a) a contractor provides or arranges for a coal mine worker to perform work, or provide a service, at a coal mine; and\n- (b) the site senior executive for the coal mine becomes aware of any of the following matters— (i) an injury or illness to the coal mine worker from coal mining operations that causes the worker to be absent from work; (ii) a high potential incident happening at the coal mine that causes or has the potential to cause a significant adverse effect on the safety or health of the coal mine worker; (iii) any proposed change to the coal mine, or plant or substance used at the coal mine, that affects, or may affect, the safety and health of the coal mine worker.\n- (i) an injury or illness to the coal mine worker from coal mining operations that causes the worker to be absent from work;\n- (ii) a high potential incident happening at the coal mine that causes or has the potential to cause a significant adverse effect on the safety or health of the coal mine worker;\n- (iii) any proposed change to the coal mine, or plant or substance used at the coal mine, that affects, or may affect, the safety and health of the coal mine worker.\n- (i) an injury or illness to the coal mine worker from coal mining operations that causes the worker to be absent from work;\n- (ii) a high potential incident happening at the coal mine that causes or has the potential to cause a significant adverse effect on the safety or health of the coal mine worker;\n- (iii) any proposed change to the coal mine, or plant or substance used at the coal mine, that affects, or may affect, the safety and health of the coal mine worker.","sortOrder":309},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Site of accident or incident","content":"## Site of accident or incident","sortOrder":310},{"sectionNumber":"sec.200","sectionType":"section","heading":"Site not to be interfered with without permission","content":"### sec.200 Site not to be interfered with without permission\n\nA person must not interfere with a place at a coal mine that is the site of a serious accident or high potential incident of a type prescribed by regulation, without the permission of an inspector.\nMaximum penalty—200 penalty units.\nPermission under subsection (1) must not be unreasonably withheld.\nFor this division, action taken to save life or prevent further injury at a place is not interference with the place.\n(sec.200-ssec.1) A person must not interfere with a place at a coal mine that is the site of a serious accident or high potential incident of a type prescribed by regulation, without the permission of an inspector. Maximum penalty—200 penalty units.\n(sec.200-ssec.2) Permission under subsection (1) must not be unreasonably withheld.\n(sec.200-ssec.3) For this division, action taken to save life or prevent further injury at a place is not interference with the place.","sortOrder":311},{"sectionNumber":"sec.201","sectionType":"section","heading":"Action to be taken in relation to site of accident or incident","content":"### sec.201 Action to be taken in relation to site of accident or incident\n\nIf there is a serious accident or high potential incident, the site senior executive must—\ncarry out an investigation to decide the causes of the accident or incident; and\nprepare a report about the accident or incident that includes recommendations to prevent the accident or incident happening again; and\nif the accident or incident is a type prescribed by regulation—give the report mentioned in paragraph (b) to an inspector—\nwithin 30 days after the accident or incident; or\nif the CEO or chief inspector, by notice, gives a longer period, of not more than 12 months, within which to give the report—within the longer period.\nMaximum penalty—100 penalty units.\nThe site senior executive must ensure that the place of the accident or incident is not interfered with until—\nall relevant details about the accident or incident have been recorded and, if possible, photographed; and\nsufficient measurements have been taken to allow the development of an accurate plan of the site; and\na list of witnesses to the accident or incident has been compiled.\nMaximum penalty—100 penalty units.\nIt is not a defence to a proceeding under subsection (1) that the carrying out of an investigation, preparation of a report or forwarding of the report might tend to incriminate the site senior executive or make the executive liable to a penalty.\nA report prepared or forwarded by the site senior executive under subsection (1) is not admissible in evidence against the site senior executive, or any other coal mine worker mentioned in the report, in any criminal proceeding other than proceedings about the falsity or misleading nature of the report.\ns 201 amd 2000 No. 18 s 11 ; 2011 No. 2 s 19 ; 2024 No. 34 s 77\n(sec.201-ssec.1) If there is a serious accident or high potential incident, the site senior executive must— carry out an investigation to decide the causes of the accident or incident; and prepare a report about the accident or incident that includes recommendations to prevent the accident or incident happening again; and if the accident or incident is a type prescribed by regulation—give the report mentioned in paragraph (b) to an inspector— within 30 days after the accident or incident; or if the CEO or chief inspector, by notice, gives a longer period, of not more than 12 months, within which to give the report—within the longer period. Maximum penalty—100 penalty units.\n(sec.201-ssec.2) The site senior executive must ensure that the place of the accident or incident is not interfered with until— all relevant details about the accident or incident have been recorded and, if possible, photographed; and sufficient measurements have been taken to allow the development of an accurate plan of the site; and a list of witnesses to the accident or incident has been compiled. Maximum penalty—100 penalty units.\n(sec.201-ssec.3) It is not a defence to a proceeding under subsection (1) that the carrying out of an investigation, preparation of a report or forwarding of the report might tend to incriminate the site senior executive or make the executive liable to a penalty.\n(sec.201-ssec.4) A report prepared or forwarded by the site senior executive under subsection (1) is not admissible in evidence against the site senior executive, or any other coal mine worker mentioned in the report, in any criminal proceeding other than proceedings about the falsity or misleading nature of the report.\n- (a) carry out an investigation to decide the causes of the accident or incident; and\n- (b) prepare a report about the accident or incident that includes recommendations to prevent the accident or incident happening again; and\n- (c) if the accident or incident is a type prescribed by regulation—give the report mentioned in paragraph (b) to an inspector— (i) within 30 days after the accident or incident; or (ii) if the CEO or chief inspector, by notice, gives a longer period, of not more than 12 months, within which to give the report—within the longer period.\n- (i) within 30 days after the accident or incident; or\n- (ii) if the CEO or chief inspector, by notice, gives a longer period, of not more than 12 months, within which to give the report—within the longer period.\n- (i) within 30 days after the accident or incident; or\n- (ii) if the CEO or chief inspector, by notice, gives a longer period, of not more than 12 months, within which to give the report—within the longer period.\n- (a) all relevant details about the accident or incident have been recorded and, if possible, photographed; and\n- (b) sufficient measurements have been taken to allow the development of an accurate plan of the site; and\n- (c) a list of witnesses to the accident or incident has been compiled.","sortOrder":312},{"sectionNumber":"pt.12","sectionType":"part","heading":"Boards of inquiry","content":"# Boards of inquiry","sortOrder":313},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":314},{"sectionNumber":"sec.202","sectionType":"section","heading":"Minister may establish boards of inquiry","content":"### sec.202 Minister may establish boards of inquiry\n\nThe Minister may establish a board of inquiry about a serious accident or high potential incident by gazette notice.\nThe notice, or a later gazette notice, may specify issues relevant to the inquiry including, for example, the membership of the board, who is the chairperson of the board, and its terms of reference.\nThe Minister may exercise powers under this section for a serious accident or high potential incident—\nwhether or not the accident or incident has been investigated by an inspector; and\nwhether or not a board of inquiry had previously inquired into the accident or incident.\n(sec.202-ssec.1) The Minister may establish a board of inquiry about a serious accident or high potential incident by gazette notice.\n(sec.202-ssec.2) The notice, or a later gazette notice, may specify issues relevant to the inquiry including, for example, the membership of the board, who is the chairperson of the board, and its terms of reference.\n(sec.202-ssec.3) The Minister may exercise powers under this section for a serious accident or high potential incident— whether or not the accident or incident has been investigated by an inspector; and whether or not a board of inquiry had previously inquired into the accident or incident.\n- (a) whether or not the accident or incident has been investigated by an inspector; and\n- (b) whether or not a board of inquiry had previously inquired into the accident or incident.","sortOrder":315},{"sectionNumber":"sec.203","sectionType":"section","heading":"Role of board of inquiry","content":"### sec.203 Role of board of inquiry\n\nThe board of inquiry must—\ninquire into the circumstances and probable causes of the relevant serious accident or high potential incident; and\ngive the Minister a written report of the board’s findings.\nThe report may contain the recommendations the board considers appropriate and other relevant matters.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 days after receiving the report.\nHowever, if the board gives the Minister a separate report of issues that the board considers should not be made public, the Minister need not table the separate report in the Legislative Assembly.\n(sec.203-ssec.1) The board of inquiry must— inquire into the circumstances and probable causes of the relevant serious accident or high potential incident; and give the Minister a written report of the board’s findings.\n(sec.203-ssec.2) The report may contain the recommendations the board considers appropriate and other relevant matters.\n(sec.203-ssec.3) The Minister must table a copy of the report in the Legislative Assembly within 14 days after receiving the report.\n(sec.203-ssec.4) However, if the board gives the Minister a separate report of issues that the board considers should not be made public, the Minister need not table the separate report in the Legislative Assembly.\n- (a) inquire into the circumstances and probable causes of the relevant serious accident or high potential incident; and\n- (b) give the Minister a written report of the board’s findings.","sortOrder":316},{"sectionNumber":"sec.204","sectionType":"section","heading":"Conditions of appointment","content":"### sec.204 Conditions of appointment\n\nA member of the board of inquiry is entitled to be paid the remuneration and allowances decided by the Governor in Council.\nA member holds office on conditions not provided by this Act that are decided by the Minister.\n(sec.204-ssec.1) A member of the board of inquiry is entitled to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.204-ssec.2) A member holds office on conditions not provided by this Act that are decided by the Minister.","sortOrder":317},{"sectionNumber":"sec.205","sectionType":"section","heading":"CEO to arrange for services of staff and financial matters for board of inquiry","content":"### sec.205 CEO to arrange for services of staff and financial matters for board of inquiry\n\nAs soon as practicable after the board of inquiry is established, the CEO must consult with the chairperson of the board and arrange—\nfor the services of RSHQ and other persons to be made available to the board for the conduct of the inquiry; and\nfor financial matters relevant to the board.\ns 205 amd 2020 No. 10 s 139 sch 2\n- (a) for the services of RSHQ and other persons to be made available to the board for the conduct of the inquiry; and\n- (b) for financial matters relevant to the board.","sortOrder":318},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Conduct of inquiry","content":"## Conduct of inquiry","sortOrder":319},{"sectionNumber":"sec.206","sectionType":"section","heading":"Procedure","content":"### sec.206 Procedure\n\nWhen conducting its inquiry, the board of inquiry—\nmust observe natural justice; and\nmust act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues.\nIn conducting the inquiry, the board—\nis not bound by the rules of evidence; and\nmay inform itself in any way it considers appropriate, including by holding hearings; and\nmay decide the procedures to be followed for the inquiry; and\nmust give a person involved in the serious accident or high potential incident the opportunity of defending all claims made against the person.\nHowever, the board must comply with this division and any procedural rules prescribed under a regulation.\nThe chairperson of the board presides at the inquiry.\n(sec.206-ssec.1) When conducting its inquiry, the board of inquiry— must observe natural justice; and must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues.\n(sec.206-ssec.2) In conducting the inquiry, the board— is not bound by the rules of evidence; and may inform itself in any way it considers appropriate, including by holding hearings; and may decide the procedures to be followed for the inquiry; and must give a person involved in the serious accident or high potential incident the opportunity of defending all claims made against the person.\n(sec.206-ssec.3) However, the board must comply with this division and any procedural rules prescribed under a regulation.\n(sec.206-ssec.4) The chairperson of the board presides at the inquiry.\n- (a) must observe natural justice; and\n- (b) must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues.\n- (a) is not bound by the rules of evidence; and\n- (b) may inform itself in any way it considers appropriate, including by holding hearings; and\n- (c) may decide the procedures to be followed for the inquiry; and\n- (d) must give a person involved in the serious accident or high potential incident the opportunity of defending all claims made against the person.","sortOrder":320},{"sectionNumber":"sec.207","sectionType":"section","heading":"Notice of inquiry","content":"### sec.207 Notice of inquiry\n\nThe chairperson of the board of inquiry must give at least 14 days notice of the time and place of the inquiry to—\nany person the chairperson considers may be concerned in the serious accident or high potential incident the subject of the inquiry; and\nany other person the chairperson reasonably believes should be given the opportunity to appear at the inquiry.\n- (a) any person the chairperson considers may be concerned in the serious accident or high potential incident the subject of the inquiry; and\n- (b) any other person the chairperson reasonably believes should be given the opportunity to appear at the inquiry.","sortOrder":321},{"sectionNumber":"sec.208","sectionType":"section","heading":"Inquiry to be held in public except in special circumstances","content":"### sec.208 Inquiry to be held in public except in special circumstances\n\nThe inquiry must be held in public.\nHowever, the board may, of its own initiative or on the application of a person represented at the inquiry, direct that the inquiry, or a part of the inquiry, be held in private, and give directions about the persons who may be present.\nThe board may give a direction under subsection (2) only if it is satisfied it is proper to make the direction in the special circumstances of the case.\n(sec.208-ssec.1) The inquiry must be held in public.\n(sec.208-ssec.2) However, the board may, of its own initiative or on the application of a person represented at the inquiry, direct that the inquiry, or a part of the inquiry, be held in private, and give directions about the persons who may be present.\n(sec.208-ssec.3) The board may give a direction under subsection (2) only if it is satisfied it is proper to make the direction in the special circumstances of the case.","sortOrder":322},{"sectionNumber":"sec.209","sectionType":"section","heading":"Protection of members, legal representatives and witnesses","content":"### sec.209 Protection of members, legal representatives and witnesses\n\nA member of the board of inquiry has, in the performance of the member’s duties, the same protection and immunity as a Supreme Court judge performing the functions of a judge.\nA lawyer or other person appearing before the inquiry for someone has the same protection and immunity as a lawyer appearing for a party in a proceeding in the Supreme Court.\nA person summoned to attend or appearing before the inquiry as a witness has the same protection as a witness in a proceeding in the Supreme Court.\n(sec.209-ssec.1) A member of the board of inquiry has, in the performance of the member’s duties, the same protection and immunity as a Supreme Court judge performing the functions of a judge.\n(sec.209-ssec.2) A lawyer or other person appearing before the inquiry for someone has the same protection and immunity as a lawyer appearing for a party in a proceeding in the Supreme Court.\n(sec.209-ssec.3) A person summoned to attend or appearing before the inquiry as a witness has the same protection as a witness in a proceeding in the Supreme Court.","sortOrder":323},{"sectionNumber":"sec.210","sectionType":"section","heading":"Record of proceedings to be kept","content":"### sec.210 Record of proceedings to be kept\n\nThe board of inquiry must keep a record of its proceedings.","sortOrder":324},{"sectionNumber":"sec.211","sectionType":"section","heading":"Representation","content":"### sec.211 Representation\n\nA person may be represented before the inquiry by a lawyer or agent.","sortOrder":325},{"sectionNumber":"sec.212","sectionType":"section","heading":"Board’s powers on inquiry","content":"### sec.212 Board’s powers on inquiry\n\nIn conducting the inquiry, the board may—\nact in the absence of any person who has been given a notice under section 207 or some other reasonable notice; and\nreceive evidence on oath or by statutory declaration; and\nadjourn the inquiry; and\ndisregard any defect, error, omission or insufficiency in a document.\nA member of the board may administer an oath to a person appearing as a witness before the inquiry.\n(sec.212-ssec.1) In conducting the inquiry, the board may— act in the absence of any person who has been given a notice under section 207 or some other reasonable notice; and receive evidence on oath or by statutory declaration; and adjourn the inquiry; and disregard any defect, error, omission or insufficiency in a document.\n(sec.212-ssec.2) A member of the board may administer an oath to a person appearing as a witness before the inquiry.\n- (a) act in the absence of any person who has been given a notice under section 207 or some other reasonable notice; and\n- (b) receive evidence on oath or by statutory declaration; and\n- (c) adjourn the inquiry; and\n- (d) disregard any defect, error, omission or insufficiency in a document.","sortOrder":326},{"sectionNumber":"sec.213","sectionType":"section","heading":"Notice to witness","content":"### sec.213 Notice to witness\n\nThe chairperson of the board of inquiry may, by notice ( attendance notice ) given to a person, require the person to attend at the inquiry at a stated time and place to give evidence or produce stated documents or things.\nA person required to appear as a witness before the inquiry is entitled to the witness fees prescribed under a regulation or, if no witness fees are prescribed, the reasonable witness fees decided by the chairperson.\n(sec.213-ssec.1) The chairperson of the board of inquiry may, by notice ( attendance notice ) given to a person, require the person to attend at the inquiry at a stated time and place to give evidence or produce stated documents or things.\n(sec.213-ssec.2) A person required to appear as a witness before the inquiry is entitled to the witness fees prescribed under a regulation or, if no witness fees are prescribed, the reasonable witness fees decided by the chairperson.","sortOrder":327},{"sectionNumber":"sec.214","sectionType":"section","heading":"Inspection of documents or things","content":"### sec.214 Inspection of documents or things\n\nIf a document or thing is produced to the board at the inquiry, the board may—\ninspect the document or thing; and\ncopy or photograph the document or thing if it is relevant to the inquiry.\nThe board may also take possession of the document or thing, and keep it while it is necessary for the inquiry.\nWhile it keeps a document or thing, the board must permit a person otherwise entitled to possession of it to inspect, copy or photograph the document or thing at a reasonable place and time the board decides.\n(sec.214-ssec.1) If a document or thing is produced to the board at the inquiry, the board may— inspect the document or thing; and copy or photograph the document or thing if it is relevant to the inquiry.\n(sec.214-ssec.2) The board may also take possession of the document or thing, and keep it while it is necessary for the inquiry.\n(sec.214-ssec.3) While it keeps a document or thing, the board must permit a person otherwise entitled to possession of it to inspect, copy or photograph the document or thing at a reasonable place and time the board decides.\n- (a) inspect the document or thing; and\n- (b) copy or photograph the document or thing if it is relevant to the inquiry.","sortOrder":328},{"sectionNumber":"sec.215","sectionType":"section","heading":"Inquiry may continue despite court proceedings unless otherwise ordered","content":"### sec.215 Inquiry may continue despite court proceedings unless otherwise ordered\n\nThe inquiry may start or continue, and a report may be prepared or given, despite a proceeding before any court or tribunal, unless a court or tribunal with the necessary jurisdiction orders otherwise.","sortOrder":329},{"sectionNumber":"sec.216","sectionType":"section","heading":"Offences by witnesses","content":"### sec.216 Offences by witnesses\n\nA person given an attendance notice must not fail, without reasonable excuse to—\nattend as required by the notice; or\ncontinue to attend as required by the chairperson of the board of inquiry until excused from further attendance.\nMaximum penalty—200 penalty units.\nA person appearing as a witness at the inquiry must take an oath when required by the chairperson of the board.\nMaximum penalty—200 penalty units.\nAlso, a person appearing as a witness at the inquiry must not fail, without reasonable excuse—\nto answer a question the person is required to answer by a member of the board; or\nto produce a document or thing the person is required to produce under an attendance notice.\nMaximum penalty—200 penalty units.\nIt is a reasonable excuse for an individual to refuse to answer a question or produce a document or thing on the ground that the answer or production of the document or thing might tend to incriminate the individual or make the individual liable to a penalty.\ns 216 amd 2011 No. 2 s 20 ; 2024 No. 34 s 78\n(sec.216-ssec.1) A person given an attendance notice must not fail, without reasonable excuse to— attend as required by the notice; or continue to attend as required by the chairperson of the board of inquiry until excused from further attendance. Maximum penalty—200 penalty units.\n(sec.216-ssec.2) A person appearing as a witness at the inquiry must take an oath when required by the chairperson of the board. Maximum penalty—200 penalty units.\n(sec.216-ssec.3) Also, a person appearing as a witness at the inquiry must not fail, without reasonable excuse— to answer a question the person is required to answer by a member of the board; or to produce a document or thing the person is required to produce under an attendance notice. Maximum penalty—200 penalty units.\n(sec.216-ssec.4) It is a reasonable excuse for an individual to refuse to answer a question or produce a document or thing on the ground that the answer or production of the document or thing might tend to incriminate the individual or make the individual liable to a penalty.\n- (a) attend as required by the notice; or\n- (b) continue to attend as required by the chairperson of the board of inquiry until excused from further attendance.\n- (a) to answer a question the person is required to answer by a member of the board; or\n- (b) to produce a document or thing the person is required to produce under an attendance notice.","sortOrder":330},{"sectionNumber":"sec.216A","sectionType":"section","heading":"False or misleading statements to board of inquiry","content":"### sec.216A False or misleading statements to board of inquiry\n\nA person must not state anything to the board of inquiry that the person knows is false or misleading in a material particular.\nMaximum penalty—500 penalty units.\ns 216A ins 2024 No. 34 s 79","sortOrder":331},{"sectionNumber":"sec.216B","sectionType":"section","heading":"False or misleading documents to board of inquiry","content":"### sec.216B False or misleading documents to board of inquiry\n\nA person must not give a document to the board of inquiry that the person knows is false or misleading in a material particular.\nMaximum penalty—500 penalty units.\nSubsection (1) does not apply to a person who, when giving the document—\ninforms the board of inquiry, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably get, the correct information—gives the correct information to the board of inquiry.\ns 216B ins 2024 No. 34 s 79\n(sec.216B-ssec.1) A person must not give a document to the board of inquiry that the person knows is false or misleading in a material particular. Maximum penalty—500 penalty units.\n(sec.216B-ssec.2) Subsection (1) does not apply to a person who, when giving the document— informs the board of inquiry, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably get, the correct information—gives the correct information to the board of inquiry.\n- (a) informs the board of inquiry, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably get, the correct information—gives the correct information to the board of inquiry.","sortOrder":332},{"sectionNumber":"sec.217","sectionType":"section","heading":"Contempt of board of inquiry","content":"### sec.217 Contempt of board of inquiry\n\nA person must not—\ndeliberately interrupt a board of inquiry; or\nimpede or obstruct the board of inquiry in the exercise of its powers; or\ncreate or continue, or join in creating or continuing, a disturbance in or near a place where the board of inquiry is conducting its inquiry; or\ndo anything that would be contempt of court if the board of inquiry were a judge acting judicially.\nMaximum penalty—200 penalty units.\ns 217 amd 2024 No. 34 s 80\n- (a) deliberately interrupt a board of inquiry; or\n- (b) impede or obstruct the board of inquiry in the exercise of its powers; or\n- (c) create or continue, or join in creating or continuing, a disturbance in or near a place where the board of inquiry is conducting its inquiry; or\n- (d) do anything that would be contempt of court if the board of inquiry were a judge acting judicially.","sortOrder":333},{"sectionNumber":"sec.218","sectionType":"section","heading":"Change of membership of board","content":"### sec.218 Change of membership of board\n\nThe inquiry of a board of inquiry is not affected by a change in its membership.","sortOrder":334},{"sectionNumber":"pt.13","sectionType":"part","heading":"Mines rescue","content":"# Mines rescue","sortOrder":335},{"sectionNumber":"pt.13-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":336},{"sectionNumber":"sec.219","sectionType":"section","heading":"Purposes of pt 13","content":"### sec.219 Purposes of pt 13\n\nThe main purposes of this part are to—\nensure each coal mine operator of an underground coal mine provides a mines rescue capability for the mine; and\nprovide for accreditation of corporations to help coal mine operators of underground coal mines provide a mines rescue capability; and\nprovide for performance criteria for accredited corporations; and\nensure accredited corporations—\nprovide mines rescue services; and\nmeet the performance criteria; and\nhave sufficient funding to meet the performance criteria.\n- (a) ensure each coal mine operator of an underground coal mine provides a mines rescue capability for the mine; and\n- (b) provide for accreditation of corporations to help coal mine operators of underground coal mines provide a mines rescue capability; and\n- (c) provide for performance criteria for accredited corporations; and\n- (d) ensure accredited corporations— (i) provide mines rescue services; and (ii) meet the performance criteria; and (iii) have sufficient funding to meet the performance criteria.\n- (i) provide mines rescue services; and\n- (ii) meet the performance criteria; and\n- (iii) have sufficient funding to meet the performance criteria.\n- (i) provide mines rescue services; and\n- (ii) meet the performance criteria; and\n- (iii) have sufficient funding to meet the performance criteria.","sortOrder":337},{"sectionNumber":"sec.220","sectionType":"section","heading":"Definitions for pt 13","content":"### sec.220 Definitions for pt 13\n\nIn this part—\ncoal mine operator does not include the coal mine operator of a mine at which no person is employed and no work is being undertaken by a contractor.\nmine does not include a mine—\nthat has been abandoned; or\nat which no person is employed and no work is being undertaken by a contractor; or\nif it consists only of exploration activities under—\nan exploration permit; or\na mineral development licence where the size of the excavation is less than 50 cubic metres.\n- (a) that has been abandoned; or\n- (b) at which no person is employed and no work is being undertaken by a contractor; or\n- (c) if it consists only of exploration activities under— (i) an exploration permit; or (ii) a mineral development licence where the size of the excavation is less than 50 cubic metres.\n- (i) an exploration permit; or\n- (ii) a mineral development licence where the size of the excavation is less than 50 cubic metres.\n- (i) an exploration permit; or\n- (ii) a mineral development licence where the size of the excavation is less than 50 cubic metres.","sortOrder":338},{"sectionNumber":"sec.221","sectionType":"section","heading":"Meaning of mines rescue capability","content":"### sec.221 Meaning of mines rescue capability\n\nMines rescue capability is the ability to provide a suitable number of trained persons and maintained equipment to allow continuous rescue operations to take place and to help the escape or safe recovery of anyone from a mine if it has, or may have, an irrespirable atmosphere.","sortOrder":339},{"sectionNumber":"sec.222","sectionType":"section","heading":"Meaning of mines rescue agreement","content":"### sec.222 Meaning of mines rescue agreement\n\nA mines rescue agreement , for a coal mine operator, is—\na written agreement that—\nhas been entered into between the coal mine operator and an accredited corporation; and\nif the coal mine operator is the coal mine operator of an underground mine—provides for the corporation to help the coal mine operator provide a mines rescue capability for the mine; and\nremains in force; or\nif the coal mine operator is a member of an accredited corporation that is a company limited by guarantee, not having a capital divided into shares—the corporation’s constitution.\nA person is a party to a mines rescue agreement if the person is—\na party to an agreement mentioned in subsection (1) (a) ; or\na member of an accredited corporation mentioned in subsection (1) (b) .\ns 222 amd 2001 No. 45 s 29 sch 3\n(sec.222-ssec.1) A mines rescue agreement , for a coal mine operator, is— a written agreement that— has been entered into between the coal mine operator and an accredited corporation; and if the coal mine operator is the coal mine operator of an underground mine—provides for the corporation to help the coal mine operator provide a mines rescue capability for the mine; and remains in force; or if the coal mine operator is a member of an accredited corporation that is a company limited by guarantee, not having a capital divided into shares—the corporation’s constitution.\n(sec.222-ssec.2) A person is a party to a mines rescue agreement if the person is— a party to an agreement mentioned in subsection (1) (a) ; or a member of an accredited corporation mentioned in subsection (1) (b) .\n- (a) a written agreement that— (i) has been entered into between the coal mine operator and an accredited corporation; and (ii) if the coal mine operator is the coal mine operator of an underground mine—provides for the corporation to help the coal mine operator provide a mines rescue capability for the mine; and (iii) remains in force; or\n- (i) has been entered into between the coal mine operator and an accredited corporation; and\n- (ii) if the coal mine operator is the coal mine operator of an underground mine—provides for the corporation to help the coal mine operator provide a mines rescue capability for the mine; and\n- (iii) remains in force; or\n- (b) if the coal mine operator is a member of an accredited corporation that is a company limited by guarantee, not having a capital divided into shares—the corporation’s constitution.\n- (i) has been entered into between the coal mine operator and an accredited corporation; and\n- (ii) if the coal mine operator is the coal mine operator of an underground mine—provides for the corporation to help the coal mine operator provide a mines rescue capability for the mine; and\n- (iii) remains in force; or\n- (a) a party to an agreement mentioned in subsection (1) (a) ; or\n- (b) a member of an accredited corporation mentioned in subsection (1) (b) .","sortOrder":340},{"sectionNumber":"pt.13-div.2","sectionType":"division","heading":"Obligations of coal mine operators and users","content":"## Obligations of coal mine operators and users","sortOrder":341},{"sectionNumber":"sec.223","sectionType":"section","heading":"Coal mine operator must be a party to a mines rescue agreement","content":"### sec.223 Coal mine operator must be a party to a mines rescue agreement\n\nA coal mine operator must be a party to a mines rescue agreement for the coal mine operator’s mine.\nMaximum penalty—1,000 penalty units.","sortOrder":342},{"sectionNumber":"sec.224","sectionType":"section","heading":"Coal mine operator must contribute","content":"### sec.224 Coal mine operator must contribute\n\nAn accredited corporation may—\nrequire contributions from each coal mine operator who is a party to a mines rescue agreement with the corporation to allow the corporation to provide mines rescue services; and\nfix different contributions from different coal mine operators—\nwho own the same class of mine; or\nwho own different classes of mine.\nunderground mines\nsurface mines\nbord and pillar underground mines\nlongwall underground mines\nhigh-wall mines\nSubsection (1) does not limit any other obligation a coal mine operator has to pay an amount to the corporation.\nA coal mine operator must pay all contributions the coal mine operator is required to pay under subsection (1) at the times fixed by the corporation.\nMaximum penalty—200 penalty units.\n(sec.224-ssec.1) An accredited corporation may— require contributions from each coal mine operator who is a party to a mines rescue agreement with the corporation to allow the corporation to provide mines rescue services; and fix different contributions from different coal mine operators— who own the same class of mine; or who own different classes of mine. underground mines surface mines bord and pillar underground mines longwall underground mines high-wall mines\n(sec.224-ssec.2) Subsection (1) does not limit any other obligation a coal mine operator has to pay an amount to the corporation.\n(sec.224-ssec.3) A coal mine operator must pay all contributions the coal mine operator is required to pay under subsection (1) at the times fixed by the corporation. Maximum penalty—200 penalty units.\n- (a) require contributions from each coal mine operator who is a party to a mines rescue agreement with the corporation to allow the corporation to provide mines rescue services; and\n- (b) fix different contributions from different coal mine operators— (i) who own the same class of mine; or (ii) who own different classes of mine. Examples of different classes of mine— 1 underground mines 2 surface mines 3 bord and pillar underground mines 4 longwall underground mines 5 high-wall mines\n- (i) who own the same class of mine; or\n- (ii) who own different classes of mine. Examples of different classes of mine— 1 underground mines 2 surface mines 3 bord and pillar underground mines 4 longwall underground mines 5 high-wall mines\n- 1 underground mines\n- 2 surface mines\n- 3 bord and pillar underground mines\n- 4 longwall underground mines\n- 5 high-wall mines\n- (i) who own the same class of mine; or\n- (ii) who own different classes of mine. Examples of different classes of mine— 1 underground mines 2 surface mines 3 bord and pillar underground mines 4 longwall underground mines 5 high-wall mines\n- 1 underground mines\n- 2 surface mines\n- 3 bord and pillar underground mines\n- 4 longwall underground mines\n- 5 high-wall mines\n- 1 underground mines\n- 2 surface mines\n- 3 bord and pillar underground mines\n- 4 longwall underground mines\n- 5 high-wall mines","sortOrder":343},{"sectionNumber":"sec.225","sectionType":"section","heading":"Provision of a mines rescue capability","content":"### sec.225 Provision of a mines rescue capability\n\nA coal mine operator for an underground mine must provide a mines rescue capability for the mine.\nMaximum penalty—1,000 penalty units.\nThe obligation under subsection (1) is in addition to any other obligation the coal mine operator has under any law.\nThe coal mine operator discharges the obligation by—\ncomplying with any requirement about mines rescue capability imposed on the coal mine operator under a regulation; and\nensuring the site senior executive of the mine complies with any requirement about mines rescue capability imposed on the site senior executive under a regulation.\nThe coal mine operator commits an offence against subsection (1) on each occasion that the coal mine operator contravenes subsection (3) .\n(sec.225-ssec.1) A coal mine operator for an underground mine must provide a mines rescue capability for the mine. Maximum penalty—1,000 penalty units.\n(sec.225-ssec.2) The obligation under subsection (1) is in addition to any other obligation the coal mine operator has under any law.\n(sec.225-ssec.3) The coal mine operator discharges the obligation by— complying with any requirement about mines rescue capability imposed on the coal mine operator under a regulation; and ensuring the site senior executive of the mine complies with any requirement about mines rescue capability imposed on the site senior executive under a regulation.\n(sec.225-ssec.4) The coal mine operator commits an offence against subsection (1) on each occasion that the coal mine operator contravenes subsection (3) .\n- (a) complying with any requirement about mines rescue capability imposed on the coal mine operator under a regulation; and\n- (b) ensuring the site senior executive of the mine complies with any requirement about mines rescue capability imposed on the site senior executive under a regulation.","sortOrder":344},{"sectionNumber":"sec.226","sectionType":"section","heading":"Mine not to be used if ss 223 – 225 contravened","content":"### sec.226 Mine not to be used if ss 223 – 225 contravened\n\nA person must not use a mine for mining while the coal mine operator for the mine is contravening section 223 , 224 or 225 in relation to the mine.\nMaximum penalty—50 penalty units.","sortOrder":345},{"sectionNumber":"pt.13-div.3","sectionType":"division","heading":"Accredited corporations","content":"## Accredited corporations","sortOrder":346},{"sectionNumber":"sec.227","sectionType":"section","heading":"Accreditation","content":"### sec.227 Accreditation\n\nA corporation may apply to the Minister for a grant of accreditation to provide mines rescue services.\nThe Minister may grant or refuse the accreditation.\nHowever, before granting an accreditation, the Minister must be satisfied—\nthe corporation is able—\nto provide mines rescue services for every underground mine; and\nto comply with the performance criteria; and\nthe Minister is able to audit or monitor the mines rescue services provided by the corporation and its compliance with the performance criteria; and\nif the corporation fails to provide mines rescue services or comply with the performance criteria—it has made suitable provision for the Minister to remedy the failure by—\nmanaging the corporation’s mines rescue services; and\nrequiring contributions for the corporation under section 224 (1) to allow the Minister to manage its mines rescue services.\n(sec.227-ssec.1) A corporation may apply to the Minister for a grant of accreditation to provide mines rescue services.\n(sec.227-ssec.2) The Minister may grant or refuse the accreditation.\n(sec.227-ssec.3) However, before granting an accreditation, the Minister must be satisfied— the corporation is able— to provide mines rescue services for every underground mine; and to comply with the performance criteria; and the Minister is able to audit or monitor the mines rescue services provided by the corporation and its compliance with the performance criteria; and if the corporation fails to provide mines rescue services or comply with the performance criteria—it has made suitable provision for the Minister to remedy the failure by— managing the corporation’s mines rescue services; and requiring contributions for the corporation under section 224 (1) to allow the Minister to manage its mines rescue services.\n- (a) the corporation is able— (i) to provide mines rescue services for every underground mine; and (ii) to comply with the performance criteria; and\n- (i) to provide mines rescue services for every underground mine; and\n- (ii) to comply with the performance criteria; and\n- (b) the Minister is able to audit or monitor the mines rescue services provided by the corporation and its compliance with the performance criteria; and\n- (c) if the corporation fails to provide mines rescue services or comply with the performance criteria—it has made suitable provision for the Minister to remedy the failure by— (i) managing the corporation’s mines rescue services; and (ii) requiring contributions for the corporation under section 224 (1) to allow the Minister to manage its mines rescue services.\n- (i) managing the corporation’s mines rescue services; and\n- (ii) requiring contributions for the corporation under section 224 (1) to allow the Minister to manage its mines rescue services.\n- (i) to provide mines rescue services for every underground mine; and\n- (ii) to comply with the performance criteria; and\n- (i) managing the corporation’s mines rescue services; and\n- (ii) requiring contributions for the corporation under section 224 (1) to allow the Minister to manage its mines rescue services.","sortOrder":347},{"sectionNumber":"sec.228","sectionType":"section","heading":"Accreditation conditions","content":"### sec.228 Accreditation conditions\n\nThe Minister may accredit a corporation on the conditions the Minister considers appropriate.\nA condition may provide for the following—\nsecurity for the provision of mines rescue services for every underground mine and compliance with the performance criteria;\nenforcement of the security, even if there is a penalty or liability under this part;\npayment of any reasonable costs of remedying a failure by the corporation to provide mines rescue services or comply with the performance criteria.\nSubsection (2) does not limit the conditions the Minister may impose.\nIn subsection (2) —\nsecurity includes mortgage, bond, insurance and surety.\n(sec.228-ssec.1) The Minister may accredit a corporation on the conditions the Minister considers appropriate.\n(sec.228-ssec.2) A condition may provide for the following— security for the provision of mines rescue services for every underground mine and compliance with the performance criteria; enforcement of the security, even if there is a penalty or liability under this part; payment of any reasonable costs of remedying a failure by the corporation to provide mines rescue services or comply with the performance criteria.\n(sec.228-ssec.3) Subsection (2) does not limit the conditions the Minister may impose.\n(sec.228-ssec.4) In subsection (2) — security includes mortgage, bond, insurance and surety.\n- (a) security for the provision of mines rescue services for every underground mine and compliance with the performance criteria;\n- (b) enforcement of the security, even if there is a penalty or liability under this part;\n- (c) payment of any reasonable costs of remedying a failure by the corporation to provide mines rescue services or comply with the performance criteria.","sortOrder":348},{"sectionNumber":"sec.229","sectionType":"section","heading":"Refusal to accredit","content":"### sec.229 Refusal to accredit\n\nIf the Minister refuses to accredit a corporation, the Minister must give the applicant a notice within 14 days stating the following—\nthe decision;\nthe reasons for the decision;\nthat the applicant may appeal against the decision to an Industrial Magistrates Court within 28 days;\nhow the applicant may start an appeal.\n- (a) the decision;\n- (b) the reasons for the decision;\n- (c) that the applicant may appeal against the decision to an Industrial Magistrates Court within 28 days;\n- (d) how the applicant may start an appeal.","sortOrder":349},{"sectionNumber":"sec.230","sectionType":"section","heading":"Amending, suspending or cancelling accreditations—grounds","content":"### sec.230 Amending, suspending or cancelling accreditations—grounds\n\nEach of the following is a ground for amending, suspending or cancelling a corporation’s accreditation—\nthe accreditation was obtained because of incorrect or misleading information;\nthe corporation has not provided a mines rescue service;\nthe corporation can not provide mines rescue services for every underground mine;\nthe corporation has contravened the performance criteria or a condition of the accreditation;\nthe corporation has not reported to the Minister on its compliance with the performance criteria;\nthe corporation has committed an offence against this Act.\n- (a) the accreditation was obtained because of incorrect or misleading information;\n- (b) the corporation has not provided a mines rescue service;\n- (c) the corporation can not provide mines rescue services for every underground mine;\n- (d) the corporation has contravened the performance criteria or a condition of the accreditation;\n- (e) the corporation has not reported to the Minister on its compliance with the performance criteria;\n- (f) the corporation has committed an offence against this Act.","sortOrder":350},{"sectionNumber":"sec.231","sectionType":"section","heading":"Amending, suspending or cancelling accreditations—procedure","content":"### sec.231 Amending, suspending or cancelling accreditations—procedure\n\nIf the Minister considers a ground exists to amend, suspend or cancel an accreditation (the proposed action ), the Minister must give the accredited corporation notice stating the following—\nthe proposed action;\nthe ground for the proposed action;\nan outline of the facts and circumstances forming the basis for the ground;\nif the proposed action is to amend the accreditation, including a condition of the accreditation—the proposed amendment;\nif the proposed action is to suspend the accreditation—the proposed suspension period;\nthat the corporation may show, within a stated time of at least 28 days, why the proposed action should not be taken.\nIf, after considering all written representations made within the stated time, the Minister still considers a ground exists to take the proposed action, the Minister may—\nif the proposed action was to amend the accreditation—amend the accreditation; or\nif the proposed action was to suspend the accreditation—suspend the accreditation for no longer than the period stated in the notice; or\nif the proposed action was to cancel the accreditation—amend the accreditation, suspend the accreditation for a period or cancel it.\nThe Minister must inform the corporation of the decision by notice.\nIf the Minister decides to amend, suspend or cancel the accreditation, the notice must state the following—\nthe decision;\nthe reasons for the decision;\nthat the corporation may apply within 28 days for the decision to be reviewed;\nhow the corporation may apply for the review;\nthat the corporation may apply for a stay of the decision if the corporation applies for a review.\nThe decision takes effect on the later of the following—\nthe day the notice is given to the corporation;\nthe day stated in the notice.\nSubsections (1) to (5) do not apply—\nif the Minister proposes to amend the accreditation only—\nfor a formal or clerical reason; or\nin another way that does not adversely affect the corporation’s interests; or\nif the corporation asks the Minister to amend the accreditation and the Minister proposes to give effect to the request.\nThe Minister may amend an accreditation under subsection (6) by notice given to the corporation.\n(sec.231-ssec.1) If the Minister considers a ground exists to amend, suspend or cancel an accreditation (the proposed action ), the Minister must give the accredited corporation notice stating the following— the proposed action; the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is to amend the accreditation, including a condition of the accreditation—the proposed amendment; if the proposed action is to suspend the accreditation—the proposed suspension period; that the corporation may show, within a stated time of at least 28 days, why the proposed action should not be taken.\n(sec.231-ssec.2) If, after considering all written representations made within the stated time, the Minister still considers a ground exists to take the proposed action, the Minister may— if the proposed action was to amend the accreditation—amend the accreditation; or if the proposed action was to suspend the accreditation—suspend the accreditation for no longer than the period stated in the notice; or if the proposed action was to cancel the accreditation—amend the accreditation, suspend the accreditation for a period or cancel it.\n(sec.231-ssec.3) The Minister must inform the corporation of the decision by notice.\n(sec.231-ssec.4) If the Minister decides to amend, suspend or cancel the accreditation, the notice must state the following— the decision; the reasons for the decision; that the corporation may apply within 28 days for the decision to be reviewed; how the corporation may apply for the review; that the corporation may apply for a stay of the decision if the corporation applies for a review.\n(sec.231-ssec.5) The decision takes effect on the later of the following— the day the notice is given to the corporation; the day stated in the notice.\n(sec.231-ssec.6) Subsections (1) to (5) do not apply— if the Minister proposes to amend the accreditation only— for a formal or clerical reason; or in another way that does not adversely affect the corporation’s interests; or if the corporation asks the Minister to amend the accreditation and the Minister proposes to give effect to the request.\n(sec.231-ssec.7) The Minister may amend an accreditation under subsection (6) by notice given to the corporation.\n- (a) the proposed action;\n- (b) the ground for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the ground;\n- (d) if the proposed action is to amend the accreditation, including a condition of the accreditation—the proposed amendment;\n- (e) if the proposed action is to suspend the accreditation—the proposed suspension period;\n- (f) that the corporation may show, within a stated time of at least 28 days, why the proposed action should not be taken.\n- (a) if the proposed action was to amend the accreditation—amend the accreditation; or\n- (b) if the proposed action was to suspend the accreditation—suspend the accreditation for no longer than the period stated in the notice; or\n- (c) if the proposed action was to cancel the accreditation—amend the accreditation, suspend the accreditation for a period or cancel it.\n- (a) the decision;\n- (b) the reasons for the decision;\n- (c) that the corporation may apply within 28 days for the decision to be reviewed;\n- (d) how the corporation may apply for the review;\n- (e) that the corporation may apply for a stay of the decision if the corporation applies for a review.\n- (a) the day the notice is given to the corporation;\n- (b) the day stated in the notice.\n- (a) if the Minister proposes to amend the accreditation only— (i) for a formal or clerical reason; or (ii) in another way that does not adversely affect the corporation’s interests; or\n- (i) for a formal or clerical reason; or\n- (ii) in another way that does not adversely affect the corporation’s interests; or\n- (b) if the corporation asks the Minister to amend the accreditation and the Minister proposes to give effect to the request.\n- (i) for a formal or clerical reason; or\n- (ii) in another way that does not adversely affect the corporation’s interests; or","sortOrder":351},{"sectionNumber":"sec.232","sectionType":"section","heading":"Functions","content":"### sec.232 Functions\n\nAn accredited corporation has the following functions—\nproviding the following services ( mines rescue services )—\nhelping each coal mine operator for an underground mine who is a party to a mines rescue agreement with the corporation to provide a mines rescue capability;\nproviding underground mines rescue training programs;\nproviding staff and equipment to comply with subparagraphs (i) and (ii) and the performance criteria;\ncomplying with the performance criteria;\nreporting to the Minister under section 234 on its compliance with the performance criteria.\n- (a) providing the following services ( mines rescue services )— (i) helping each coal mine operator for an underground mine who is a party to a mines rescue agreement with the corporation to provide a mines rescue capability; (ii) providing underground mines rescue training programs; (iii) providing staff and equipment to comply with subparagraphs (i) and (ii) and the performance criteria;\n- (i) helping each coal mine operator for an underground mine who is a party to a mines rescue agreement with the corporation to provide a mines rescue capability;\n- (ii) providing underground mines rescue training programs;\n- (iii) providing staff and equipment to comply with subparagraphs (i) and (ii) and the performance criteria;\n- (b) complying with the performance criteria;\n- (c) reporting to the Minister under section 234 on its compliance with the performance criteria.\n- (i) helping each coal mine operator for an underground mine who is a party to a mines rescue agreement with the corporation to provide a mines rescue capability;\n- (ii) providing underground mines rescue training programs;\n- (iii) providing staff and equipment to comply with subparagraphs (i) and (ii) and the performance criteria;","sortOrder":352},{"sectionNumber":"sec.233","sectionType":"section","heading":"Performance criteria","content":"### sec.233 Performance criteria\n\nThe mines rescue performance criteria for the provision of mines rescue services for underground mines by an accredited corporation are that the corporation—\nprovides appropriate mines rescue training programs; and\nprovides equipment and resources to perform its obligations under mines rescue agreements; and\nensures mines rescue equipment is maintained, tested and certified to any specification by its manufacturer; and\neffectively performs audits or other exercises to show the corporation’s ability to respond to an emergency; and\nprovides an effective procedure for coal mine operators to help each other in an emergency; and\ndoes anything else prescribed under a regulation.\nIn subsection (1) —\nmines rescue equipment means equipment for use in an emergency by the corporation or a coal mine operator for an underground mine who is party to a mines rescue agreement with the corporation.\n(sec.233-ssec.1) The mines rescue performance criteria for the provision of mines rescue services for underground mines by an accredited corporation are that the corporation— provides appropriate mines rescue training programs; and provides equipment and resources to perform its obligations under mines rescue agreements; and ensures mines rescue equipment is maintained, tested and certified to any specification by its manufacturer; and effectively performs audits or other exercises to show the corporation’s ability to respond to an emergency; and provides an effective procedure for coal mine operators to help each other in an emergency; and does anything else prescribed under a regulation.\n(sec.233-ssec.2) In subsection (1) — mines rescue equipment means equipment for use in an emergency by the corporation or a coal mine operator for an underground mine who is party to a mines rescue agreement with the corporation.\n- (a) provides appropriate mines rescue training programs; and\n- (b) provides equipment and resources to perform its obligations under mines rescue agreements; and\n- (c) ensures mines rescue equipment is maintained, tested and certified to any specification by its manufacturer; and\n- (d) effectively performs audits or other exercises to show the corporation’s ability to respond to an emergency; and\n- (e) provides an effective procedure for coal mine operators to help each other in an emergency; and\n- (f) does anything else prescribed under a regulation.","sortOrder":353},{"sectionNumber":"sec.234","sectionType":"section","heading":"Reporting to Minister","content":"### sec.234 Reporting to Minister\n\nWithin 1 month after the end of each financial year, each accredited corporation must give the Minister a written report about whether it complied with the performance criteria in the year.\nMaximum penalty—100 penalty units.\nAlso, the Minister may, by notice, ask an accredited corporation to give the Minister, within a stated time of at least 7 days, stated documents or information about—\nthe corporation; or\nthe mines rescue services provided by the corporation.\nThe corporation must comply with the request, unless it has a reasonable excuse for not complying.\nMaximum penalty—100 penalty units.\nAn accredited corporation must not give the Minister a report, required documents or information it knows is false or misleading in a material particular.\nMaximum penalty—500 penalty units.\nA complaint against a corporation for an offence against subsection (4) is sufficient if it states the report, required documents or information was ‘false or misleading’ in a material particular without specifying which.\n(sec.234-ssec.1) Within 1 month after the end of each financial year, each accredited corporation must give the Minister a written report about whether it complied with the performance criteria in the year. Maximum penalty—100 penalty units.\n(sec.234-ssec.2) Also, the Minister may, by notice, ask an accredited corporation to give the Minister, within a stated time of at least 7 days, stated documents or information about— the corporation; or the mines rescue services provided by the corporation.\n(sec.234-ssec.3) The corporation must comply with the request, unless it has a reasonable excuse for not complying. Maximum penalty—100 penalty units.\n(sec.234-ssec.4) An accredited corporation must not give the Minister a report, required documents or information it knows is false or misleading in a material particular. Maximum penalty—500 penalty units.\n(sec.234-ssec.5) A complaint against a corporation for an offence against subsection (4) is sufficient if it states the report, required documents or information was ‘false or misleading’ in a material particular without specifying which.\n- (a) the corporation; or\n- (b) the mines rescue services provided by the corporation.","sortOrder":354},{"sectionNumber":"sec.235","sectionType":"section","heading":"Accredited corporation must keep records","content":"### sec.235 Accredited corporation must keep records\n\nAn accredited corporation must keep a record of the coal mine operators who are party to a mines rescue agreement with the corporation.\nIf a coal mine operator who is a party to a mines rescue agreement with the corporation asks, the corporation must give the coal mine operator a certificate stating—\nthat the coal mine operator is a party to a mines rescue agreement with the corporation; and\nwhether the coal mine operator has paid all contributions required by the corporation under section 224 (1) .\nA certificate under subsection (2) signed by an officer of the corporation is evidence of the matters stated in it.\n(sec.235-ssec.1) An accredited corporation must keep a record of the coal mine operators who are party to a mines rescue agreement with the corporation.\n(sec.235-ssec.2) If a coal mine operator who is a party to a mines rescue agreement with the corporation asks, the corporation must give the coal mine operator a certificate stating— that the coal mine operator is a party to a mines rescue agreement with the corporation; and whether the coal mine operator has paid all contributions required by the corporation under section 224 (1) .\n(sec.235-ssec.3) A certificate under subsection (2) signed by an officer of the corporation is evidence of the matters stated in it.\n- (a) that the coal mine operator is a party to a mines rescue agreement with the corporation; and\n- (b) whether the coal mine operator has paid all contributions required by the corporation under section 224 (1) .","sortOrder":355},{"sectionNumber":"pt.14","sectionType":"part","heading":"Appeals","content":"# Appeals","sortOrder":356},{"sectionNumber":"pt.14-div.1","sectionType":"division","heading":"Appeals against particular decisions of Minister, CEO or board of examiners","content":"## Appeals against particular decisions of Minister, CEO or board of examiners","sortOrder":357},{"sectionNumber":"sec.236","sectionType":"section","heading":"Appeals against Minister’s decisions","content":"### sec.236 Appeals against Minister’s decisions\n\nThe following persons may appeal against the Minister’s decision under the following provisions to an Industrial Magistrates Court under this division—\na person who is removed from office as site safety and health representative— section 97 ;\na person whose appointment as industry safety and health representative has been terminated— section 112 ;\nthe applicant for accreditation— sections 227 and 228 ;\nthe accredited corporation— section 231 .\n- (a) a person who is removed from office as site safety and health representative— section 97 ;\n- (b) a person whose appointment as industry safety and health representative has been terminated— section 112 ;\n- (c) the applicant for accreditation— sections 227 and 228 ;\n- (d) the accredited corporation— section 231 .","sortOrder":358},{"sectionNumber":"sec.236A","sectionType":"section","heading":"Appeals against CEO’s decisions","content":"### sec.236A Appeals against CEO’s decisions\n\nThe following persons may appeal against the CEO’s decision under the following provisions to an Industrial Magistrates Court under this division—\na person whose board qualification is suspended or cancelled by the CEO— section 197D ;\na corporation on which a civil penalty is imposed— section 267I .\ns 236A ins 2018 No. 28 s 37\namd 2020 No. 10 s 139 sch 2 ; 2024 No. 34 s 81\n- (a) a person whose board qualification is suspended or cancelled by the CEO— section 197D ;\n- (b) a corporation on which a civil penalty is imposed— section 267I .","sortOrder":359},{"sectionNumber":"sec.237","sectionType":"section","heading":"Appeals against board of examiners’ decision","content":"### sec.237 Appeals against board of examiners’ decision\n\nA person whose board qualification is cancelled by the board of examiners under section 195 may appeal against the board’s decision to an Industrial Magistrates Court under this division.\ns 237 amd 2024 No. 34 s 82","sortOrder":360},{"sectionNumber":"sec.238","sectionType":"section","heading":"How to start appeal","content":"### sec.238 How to start appeal\n\nAn appeal is started by the appellant—\nfiling a notice of appeal with an Industrial Magistrates Court; and\nserving a copy of the notice on—\nif the appeal is against the Minister’s decision—the Minister; or\nif the appeal is against the CEO’s decision—the CEO; or\nif the appeal is against the board of examiners’ decision—the board of examiners.\nThe notice of appeal must be filed within 28 days after the appellant receives notice of the decision appealed against.\nThe court may at any time extend the period for filing the notice of appeal.\nThe notice of appeal must state the grounds of the appeal.\ns 238 amd 2018 No. 28 s 38 ; 2020 No. 10 s 139 sch 2\n(sec.238-ssec.1) An appeal is started by the appellant— filing a notice of appeal with an Industrial Magistrates Court; and serving a copy of the notice on— if the appeal is against the Minister’s decision—the Minister; or if the appeal is against the CEO’s decision—the CEO; or if the appeal is against the board of examiners’ decision—the board of examiners.\n(sec.238-ssec.2) The notice of appeal must be filed within 28 days after the appellant receives notice of the decision appealed against.\n(sec.238-ssec.3) The court may at any time extend the period for filing the notice of appeal.\n(sec.238-ssec.4) The notice of appeal must state the grounds of the appeal.\n- (a) filing a notice of appeal with an Industrial Magistrates Court; and\n- (b) serving a copy of the notice on— (i) if the appeal is against the Minister’s decision—the Minister; or (ii) if the appeal is against the CEO’s decision—the CEO; or (iii) if the appeal is against the board of examiners’ decision—the board of examiners.\n- (i) if the appeal is against the Minister’s decision—the Minister; or\n- (ii) if the appeal is against the CEO’s decision—the CEO; or\n- (iii) if the appeal is against the board of examiners’ decision—the board of examiners.\n- (i) if the appeal is against the Minister’s decision—the Minister; or\n- (ii) if the appeal is against the CEO’s decision—the CEO; or\n- (iii) if the appeal is against the board of examiners’ decision—the board of examiners.","sortOrder":361},{"sectionNumber":"sec.239","sectionType":"section","heading":"Stay of operation of decisions","content":"### sec.239 Stay of operation of decisions\n\nAn Industrial Magistrates Court may stay a decision appealed against to secure the effectiveness of the appeal.\nA stay—\nmay be given on conditions the court considers appropriate; and\nhas effect for the period stated by the court; and\nmay be revoked or amended by the court.\nThe period of a stay given by the court must not extend past the time when the court decides the appeal.\nAn appeal against a decision does not affect the operation or carrying out of the decision unless the decision is stayed.\n(sec.239-ssec.1) An Industrial Magistrates Court may stay a decision appealed against to secure the effectiveness of the appeal.\n(sec.239-ssec.2) A stay— may be given on conditions the court considers appropriate; and has effect for the period stated by the court; and may be revoked or amended by the court.\n(sec.239-ssec.3) The period of a stay given by the court must not extend past the time when the court decides the appeal.\n(sec.239-ssec.4) An appeal against a decision does not affect the operation or carrying out of the decision unless the decision is stayed.\n- (a) may be given on conditions the court considers appropriate; and\n- (b) has effect for the period stated by the court; and\n- (c) may be revoked or amended by the court.","sortOrder":362},{"sectionNumber":"sec.240","sectionType":"section","heading":"Hearing procedures","content":"### sec.240 Hearing procedures\n\nUnless this division otherwise provides, the practice and procedure for the appeal are to be in accordance with the rules of court or, if the rules make no provision or insufficient provision, in accordance with the directions of the court.\nAn appeal must be by way of rehearing, unaffected by the original decision-maker’s decision.\nHowever, for deciding an appeal against a decision of the CEO under section 267I to impose a civil penalty on a corporation, information that was not available to the CEO in making the decision must not be taken into account.\nIn deciding an appeal, an Industrial Magistrates Court—\nis not bound by the rules of evidence; and\nmust observe natural justice.\nIn this section—\noriginal decision-maker means the Minister, CEO or the board of examiners.\ns 240 amd 2018 No. 28 s 39 ; 2020 No. 10 s 139 sch 2\n(sec.240-ssec.1) Unless this division otherwise provides, the practice and procedure for the appeal are to be in accordance with the rules of court or, if the rules make no provision or insufficient provision, in accordance with the directions of the court.\n(sec.240-ssec.2) An appeal must be by way of rehearing, unaffected by the original decision-maker’s decision.\n(sec.240-ssec.3) However, for deciding an appeal against a decision of the CEO under section 267I to impose a civil penalty on a corporation, information that was not available to the CEO in making the decision must not be taken into account.\n(sec.240-ssec.4) In deciding an appeal, an Industrial Magistrates Court— is not bound by the rules of evidence; and must observe natural justice.\n(sec.240-ssec.5) In this section— original decision-maker means the Minister, CEO or the board of examiners.\n- (a) is not bound by the rules of evidence; and\n- (b) must observe natural justice.","sortOrder":363},{"sectionNumber":"sec.241","sectionType":"section","heading":"Powers of court on appeal","content":"### sec.241 Powers of court on appeal\n\nIn deciding an appeal, an Industrial Magistrates Court may—\nconfirm the decision appealed against; or\nset aside the decision and substitute another decision; or\nset aside the decision and return the matter to the original decision-maker with directions that the court considers appropriate.\nIn substituting another decision, the court has the same powers as the original decision-maker.\nIn an appeal against the Minister’s decision to cancel an accreditation, the court may decide to cancel the accreditation or to amend the accreditation by imposing conditions.\nIf the court substitutes another decision, the substituted decision is taken to be the decision of the original decision-maker.\nThe court may make an order for costs it considers appropriate.\n(sec.241-ssec.1) In deciding an appeal, an Industrial Magistrates Court may— confirm the decision appealed against; or set aside the decision and substitute another decision; or set aside the decision and return the matter to the original decision-maker with directions that the court considers appropriate.\n(sec.241-ssec.2) In substituting another decision, the court has the same powers as the original decision-maker. In an appeal against the Minister’s decision to cancel an accreditation, the court may decide to cancel the accreditation or to amend the accreditation by imposing conditions.\n(sec.241-ssec.3) If the court substitutes another decision, the substituted decision is taken to be the decision of the original decision-maker.\n(sec.241-ssec.4) The court may make an order for costs it considers appropriate.\n- (a) confirm the decision appealed against; or\n- (b) set aside the decision and substitute another decision; or\n- (c) set aside the decision and return the matter to the original decision-maker with directions that the court considers appropriate.","sortOrder":364},{"sectionNumber":"sec.242","sectionType":"section","heading":"Appeal to District Court on questions of law only","content":"### sec.242 Appeal to District Court on questions of law only\n\nAn appellant may appeal against the decision of an Industrial Magistrates Court to the District Court, but only on a question of law.\nOn hearing the appeal, the court may make any order for costs it considers appropriate.\n(sec.242-ssec.1) An appellant may appeal against the decision of an Industrial Magistrates Court to the District Court, but only on a question of law.\n(sec.242-ssec.2) On hearing the appeal, the court may make any order for costs it considers appropriate.","sortOrder":365},{"sectionNumber":"pt.14-div.2","sectionType":"division","heading":"Appeals against chief inspector’s directives and particular decisions","content":"## Appeals against chief inspector’s directives and particular decisions","sortOrder":366},{"sectionNumber":"sec.243","sectionType":"section","heading":"Who may appeal","content":"### sec.243 Who may appeal\n\nA person whose interests are affected by the following may appeal to the Industrial Court—\na decision of the chief inspector under section 149 (3) (a) to retain a seized thing;\na directive given by the chief inspector;\na review decision of the chief inspector under part 9 , division 5 , subdivision 8 .\ns 243 amd 2007 No. 46 s 34 ; 2014 No. 64 s 208C ; 2024 No. 34 s 83\n- (a) a decision of the chief inspector under section 149 (3) (a) to retain a seized thing;\n- (b) a directive given by the chief inspector;\n- (c) a review decision of the chief inspector under part 9 , division 5 , subdivision 8 .","sortOrder":367},{"sectionNumber":"sec.244","sectionType":"section","heading":"How to start appeal","content":"### sec.244 How to start appeal\n\nAn appeal is started by—\nfiling notice of appeal with the registrar of the Industrial Court; and\ncomplying with any rules of court applying to the appeal.\nThe notice of appeal must be filed within 28 days after—\nif the appeal is from a decision under section 149 (3) (a) to retain a seized thing—the day the appellant receives the notice of the decision; or\nif the appeal is from a directive—the day the appellant receives the directive; or\nif the appeal is from a review decision—the day the appellant receives reasons for the review decision.\nThe court may at any time extend the period for filing the notice of appeal.\nThe notice of appeal must state fully the grounds of the appeal and the facts relied on.\ns 244 amd 2014 No. 64 s 208D\n(sec.244-ssec.1) An appeal is started by— filing notice of appeal with the registrar of the Industrial Court; and complying with any rules of court applying to the appeal.\n(sec.244-ssec.2) The notice of appeal must be filed within 28 days after— if the appeal is from a decision under section 149 (3) (a) to retain a seized thing—the day the appellant receives the notice of the decision; or if the appeal is from a directive—the day the appellant receives the directive; or if the appeal is from a review decision—the day the appellant receives reasons for the review decision.\n(sec.244-ssec.3) The court may at any time extend the period for filing the notice of appeal.\n(sec.244-ssec.4) The notice of appeal must state fully the grounds of the appeal and the facts relied on.\n- (a) filing notice of appeal with the registrar of the Industrial Court; and\n- (b) complying with any rules of court applying to the appeal.\n- (a) if the appeal is from a decision under section 149 (3) (a) to retain a seized thing—the day the appellant receives the notice of the decision; or\n- (b) if the appeal is from a directive—the day the appellant receives the directive; or\n- (c) if the appeal is from a review decision—the day the appellant receives reasons for the review decision.","sortOrder":368},{"sectionNumber":"sec.245","sectionType":"section","heading":"Stay of operation of directive or review decision","content":"### sec.245 Stay of operation of directive or review decision\n\nThe Industrial Court may grant a stay of a directive or review decision appealed against to secure the effectiveness of the appeal.\nA stay—\nmay be given on the conditions the court considers appropriate; and\noperates for the period fixed by the court; and\nmay be revoked or amended by the court.\nThe period of a stay must not extend past the time when the court decides the appeal.\nAn appeal against a directive or review decision affects the directive or decision, or the carrying out of the directive or decision, only if the directive or decision is stayed.\nHowever, the following must not be stayed—\na directive by the chief inspector under section 163 (2) (a) ;\na review decision about a directive given by another person under section 163 (2) (a) .\ns 245 amd 2024 No. 34 s 84\n(sec.245-ssec.1) The Industrial Court may grant a stay of a directive or review decision appealed against to secure the effectiveness of the appeal.\n(sec.245-ssec.2) A stay— may be given on the conditions the court considers appropriate; and operates for the period fixed by the court; and may be revoked or amended by the court.\n(sec.245-ssec.3) The period of a stay must not extend past the time when the court decides the appeal.\n(sec.245-ssec.4) An appeal against a directive or review decision affects the directive or decision, or the carrying out of the directive or decision, only if the directive or decision is stayed.\n(sec.245-ssec.5) However, the following must not be stayed— a directive by the chief inspector under section 163 (2) (a) ; a review decision about a directive given by another person under section 163 (2) (a) .\n- (a) may be given on the conditions the court considers appropriate; and\n- (b) operates for the period fixed by the court; and\n- (c) may be revoked or amended by the court.\n- (a) a directive by the chief inspector under section 163 (2) (a) ;\n- (b) a review decision about a directive given by another person under section 163 (2) (a) .","sortOrder":369},{"sectionNumber":"sec.246","sectionType":"section","heading":"Hearing procedures","content":"### sec.246 Hearing procedures\n\nThe procedure for an appeal is to be in accordance with the rules of court or, if the rules make no provision or insufficient provision, in accordance with directions of the Industrial Court.\nAn appeal is by way of rehearing, unaffected by the chief inspector’s review decision or a directive given.\n(sec.246-ssec.1) The procedure for an appeal is to be in accordance with the rules of court or, if the rules make no provision or insufficient provision, in accordance with directions of the Industrial Court.\n(sec.246-ssec.2) An appeal is by way of rehearing, unaffected by the chief inspector’s review decision or a directive given.","sortOrder":370},{"sectionNumber":"sec.247","sectionType":"section","heading":"Assessors","content":"### sec.247 Assessors\n\nIf the Industrial Court is satisfied the appeal involves an issue of special knowledge and skill, the court may appoint 1 or more assessors to help in deciding the appeal.","sortOrder":371},{"sectionNumber":"sec.248","sectionType":"section","heading":"Powers of court on appeal","content":"### sec.248 Powers of court on appeal\n\nIn deciding an appeal, the Industrial Court may—\nconfirm the directive or decision appealed against; or\nvary the directive or decision appealed against; or\nset aside the directive or decision appealed against and make a directive or decision in substitution for the directive or decision set aside; or\nset aside the directive or decision appealed against and return the issue to the person who gave the directive or to the maker of the decision with directions the court considers appropriate.\nIf on appeal the court acts under subsection (1) (b) or (c) , the decision is taken, for this Act (other than this part), to be that of the chief inspector or the person who gave the directive.\nThe court may make an order for costs it considers appropriate.\ns 248 amd 2011 No. 2 s 21 ; 2014 No. 64 s 208E\n(sec.248-ssec.1) In deciding an appeal, the Industrial Court may— confirm the directive or decision appealed against; or vary the directive or decision appealed against; or set aside the directive or decision appealed against and make a directive or decision in substitution for the directive or decision set aside; or set aside the directive or decision appealed against and return the issue to the person who gave the directive or to the maker of the decision with directions the court considers appropriate.\n(sec.248-ssec.2) If on appeal the court acts under subsection (1) (b) or (c) , the decision is taken, for this Act (other than this part), to be that of the chief inspector or the person who gave the directive.\n(sec.248-ssec.3) The court may make an order for costs it considers appropriate.\n- (a) confirm the directive or decision appealed against; or\n- (b) vary the directive or decision appealed against; or\n- (c) set aside the directive or decision appealed against and make a directive or decision in substitution for the directive or decision set aside; or\n- (d) set aside the directive or decision appealed against and return the issue to the person who gave the directive or to the maker of the decision with directions the court considers appropriate.","sortOrder":372},{"sectionNumber":"pt.15","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":373},{"sectionNumber":"pt.15-div.1","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":374},{"sectionNumber":"sec.249","sectionType":"section","heading":"Application of div 1","content":"### sec.249 Application of div 1\n\nThis division applies to a proceeding under this Act.","sortOrder":375},{"sectionNumber":"sec.250","sectionType":"section","heading":"Proof of appointments and authority unnecessary","content":"### sec.250 Proof of appointments and authority unnecessary\n\nIt is not necessary to prove—\nthe appointment of the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, an industry safety and health representative or a site safety and health representative; or\nthe authority of the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, an industry safety and health representative or a site safety and health representative to do anything under this Act.\nSubsection (1) does not apply if reasonable notice is given to the party relying on the appointment or authority that the appointment or authority is to be challenged.\ns 250 amd 2007 No. 46 s 35 ; 2010 No. 17 s 26 ; 2020 No. 10 s 80\n(sec.250-ssec.1) It is not necessary to prove— the appointment of the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, an industry safety and health representative or a site safety and health representative; or the authority of the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, an industry safety and health representative or a site safety and health representative to do anything under this Act.\n(sec.250-ssec.2) Subsection (1) does not apply if reasonable notice is given to the party relying on the appointment or authority that the appointment or authority is to be challenged.\n- (a) the appointment of the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, an industry safety and health representative or a site safety and health representative; or\n- (b) the authority of the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, an industry safety and health representative or a site safety and health representative to do anything under this Act.","sortOrder":376},{"sectionNumber":"sec.251","sectionType":"section","heading":"Proof of signatures unnecessary","content":"### sec.251 Proof of signatures unnecessary\n\nA signature purporting to be the signature of the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, an industry safety and health representative or a site safety and health representative is evidence of the signature it purports to be.\ns 251 amd 2007 No. 46 s 36 ; 2010 No. 17 s 27 ; 2020 No. 10 s 81","sortOrder":377},{"sectionNumber":"sec.252","sectionType":"section","heading":"Evidentiary aids","content":"### sec.252 Evidentiary aids\n\nA certificate stating any of the following matters is evidence of the matter—\na stated document is—\nan appointment or a copy of an appointment; or\na directive or a copy of a directive given under this Act; or\na decision, or a copy of a decision, given or made under this Act; or\na record or document, a copy of a record or document, or an extract from a record or document, kept under this Act;\non a stated day, or during a stated period, a stated certificate, notice, approval or appointment was, or was not, in force for a stated person or thing;\non a stated day, or during a stated period, a standard issued or published by National Occupational Health and Safety Commission or Standards Australia or something in the standard was, or was not, in force;\non a stated day a stated person was given a stated directive, direction, requirement or notice under this Act;\na stated amount is payable under this Act by a stated person and has not been paid;\na stated location is within the boundaries of land that is the subject of a stated mining tenure.\nA document purporting to be published by or under the authority of National Occupational Health and Safety Commission or Standards Australia is, on its production, evidence of its contents.\nIn a complaint starting a proceeding, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of the matter.\nAny instrument, equipment or installation used by an inspector, inspection officer, an authorised officer or analyst in accordance with any conditions prescribed under a relevant document for its use is taken to be accurate and precise in the absence of evidence to the contrary.\nIn this section—\ncertificate means a certificate purporting to be signed by the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, an industry safety and health representative or a site safety and health representative.\ns 252 amd 2007 No. 46 s 37 ; 2010 No. 17 s 28 ; 2011 No. 2 s 22 ; 2018 No. 28 s 40 ; 2020 No. 10 s 82\n(sec.252-ssec.1) A certificate stating any of the following matters is evidence of the matter— a stated document is— an appointment or a copy of an appointment; or a directive or a copy of a directive given under this Act; or a decision, or a copy of a decision, given or made under this Act; or a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act; on a stated day, or during a stated period, a stated certificate, notice, approval or appointment was, or was not, in force for a stated person or thing; on a stated day, or during a stated period, a standard issued or published by National Occupational Health and Safety Commission or Standards Australia or something in the standard was, or was not, in force; on a stated day a stated person was given a stated directive, direction, requirement or notice under this Act; a stated amount is payable under this Act by a stated person and has not been paid; a stated location is within the boundaries of land that is the subject of a stated mining tenure.\n(sec.252-ssec.2) A document purporting to be published by or under the authority of National Occupational Health and Safety Commission or Standards Australia is, on its production, evidence of its contents.\n(sec.252-ssec.3) In a complaint starting a proceeding, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of the matter.\n(sec.252-ssec.4) Any instrument, equipment or installation used by an inspector, inspection officer, an authorised officer or analyst in accordance with any conditions prescribed under a relevant document for its use is taken to be accurate and precise in the absence of evidence to the contrary.\n(sec.252-ssec.5) In this section— certificate means a certificate purporting to be signed by the commissioner, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, an industry safety and health representative or a site safety and health representative.\n- (a) a stated document is— (i) an appointment or a copy of an appointment; or (ii) a directive or a copy of a directive given under this Act; or (iii) a decision, or a copy of a decision, given or made under this Act; or (iv) a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act;\n- (i) an appointment or a copy of an appointment; or\n- (ii) a directive or a copy of a directive given under this Act; or\n- (iii) a decision, or a copy of a decision, given or made under this Act; or\n- (iv) a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act;\n- (b) on a stated day, or during a stated period, a stated certificate, notice, approval or appointment was, or was not, in force for a stated person or thing;\n- (c) on a stated day, or during a stated period, a standard issued or published by National Occupational Health and Safety Commission or Standards Australia or something in the standard was, or was not, in force;\n- (d) on a stated day a stated person was given a stated directive, direction, requirement or notice under this Act;\n- (e) a stated amount is payable under this Act by a stated person and has not been paid;\n- (f) a stated location is within the boundaries of land that is the subject of a stated mining tenure.\n- (i) an appointment or a copy of an appointment; or\n- (ii) a directive or a copy of a directive given under this Act; or\n- (iii) a decision, or a copy of a decision, given or made under this Act; or\n- (iv) a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act;","sortOrder":378},{"sectionNumber":"sec.253","sectionType":"section","heading":"Expert reports","content":"### sec.253 Expert reports\n\nAn expert report is admissible in evidence, whether or not the person making the report (the expert ) attends to give oral evidence.\nHowever, if the expert does not attend to give oral evidence in the proceeding, the report is admissible only with the court’s leave.\nIn deciding whether to grant leave, the court must have regard to the following—\nthe contents of the report;\nthe reasons the expert is not attending to give oral evidence;\nthe risk that its admission or exclusion from evidence will result in unfairness to a party, in particular having regard to a party’s ability to dispute the contents of the report if the expert does not give oral evidence;\nany other relevant circumstance.\nAn expert report when admitted is evidence of any fact or opinion of which the expert could have given oral evidence.\nIn this section—\nexpert report means a report made by a person that deals entirely or mainly with issues on which the person is qualified to give expert evidence, but does not include an analyst’s report.\n(sec.253-ssec.1) An expert report is admissible in evidence, whether or not the person making the report (the expert ) attends to give oral evidence.\n(sec.253-ssec.2) However, if the expert does not attend to give oral evidence in the proceeding, the report is admissible only with the court’s leave.\n(sec.253-ssec.3) In deciding whether to grant leave, the court must have regard to the following— the contents of the report; the reasons the expert is not attending to give oral evidence; the risk that its admission or exclusion from evidence will result in unfairness to a party, in particular having regard to a party’s ability to dispute the contents of the report if the expert does not give oral evidence; any other relevant circumstance.\n(sec.253-ssec.4) An expert report when admitted is evidence of any fact or opinion of which the expert could have given oral evidence.\n(sec.253-ssec.5) In this section— expert report means a report made by a person that deals entirely or mainly with issues on which the person is qualified to give expert evidence, but does not include an analyst’s report.\n- (a) the contents of the report;\n- (b) the reasons the expert is not attending to give oral evidence;\n- (c) the risk that its admission or exclusion from evidence will result in unfairness to a party, in particular having regard to a party’s ability to dispute the contents of the report if the expert does not give oral evidence;\n- (d) any other relevant circumstance.","sortOrder":379},{"sectionNumber":"sec.254","sectionType":"section","heading":"Analyst’s certificate or report","content":"### sec.254 Analyst’s certificate or report\n\nThe production by a party of a signed analyst’s report stating any of the following is evidence of them—\nthe analyst’s qualifications;\nthe analyst took, or received from a stated person, the sample mentioned in the report;\nthe analyst analysed the sample on a stated day, or during a stated period, and at a stated place;\nthe results of the analysis.\n- (a) the analyst’s qualifications;\n- (b) the analyst took, or received from a stated person, the sample mentioned in the report;\n- (c) the analyst analysed the sample on a stated day, or during a stated period, and at a stated place;\n- (d) the results of the analysis.","sortOrder":380},{"sectionNumber":"pt.15-div.2","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":381},{"sectionNumber":"sec.255","sectionType":"section","heading":"Proceedings for offences","content":"### sec.255 Proceedings for offences\n\nA charge for an offence against this Act, other than an offence against part 3A , must be heard and decided summarily.\nMore than 1 contravention of a safety and health obligation under section 34 may be charged as a single charge if the acts or omissions giving rise to the claimed contravention happened within the same period and in relation to the same coal mine.\nA proceeding for an offence against this Act may only be taken by—\nif the offence is a serious offence—the WHS prosecutor; or\notherwise—the CEO or the WHS prosecutor.\nHowever, the CEO may authorise in writing another appropriately qualified person to take a proceeding for an offence mentioned in subsection (3) (b) .\nAn authorisation under subsection (4) may be general or limited to a particular proceeding or class of proceedings.\nAn authorisation under subsection (4) is sufficient authority to continue proceedings in any case where the court amends the charge, warrant or summons.\nIn deciding whether to bring a prosecution for an offence under this Act, the WHS prosecutor must have regard to any guidelines issued under the Director of Public Prosecutions Act 1984 , section 11 .\nNothing in this section affects the ability of the director of public prosecutions to bring proceedings for an offence against this Act.\nIn this section—\nserious offence means—\nan offence against section 34 if the contravention—\ncaused multiple deaths; or\ncaused death or grievous bodily harm; or\ncaused bodily harm; or\ninvolved exposure to a substance that is likely to cause death or grievous bodily harm; or\nan offence against part 3A ; or\nan offence prescribed by regulation for this paragraph.\ns 255 amd 2005 No. 68 s 7 ; 2008 No. 56 s 3 sch ; 2009 No. 16 s 9 ; 2011 No. 4 s 69 sch pt 1 ; 2014 No. 64 s 209 ; 2016 No. 63 s 1157 sch 6 ; 2020 No. 10 s 83 ; 2020 No. 14 s 12 ; 2024 No. 34 s 85\n(sec.255-ssec.1) A charge for an offence against this Act, other than an offence against part 3A , must be heard and decided summarily.\n(sec.255-ssec.2) More than 1 contravention of a safety and health obligation under section 34 may be charged as a single charge if the acts or omissions giving rise to the claimed contravention happened within the same period and in relation to the same coal mine.\n(sec.255-ssec.3) A proceeding for an offence against this Act may only be taken by— if the offence is a serious offence—the WHS prosecutor; or otherwise—the CEO or the WHS prosecutor.\n(sec.255-ssec.4) However, the CEO may authorise in writing another appropriately qualified person to take a proceeding for an offence mentioned in subsection (3) (b) .\n(sec.255-ssec.5) An authorisation under subsection (4) may be general or limited to a particular proceeding or class of proceedings.\n(sec.255-ssec.6) An authorisation under subsection (4) is sufficient authority to continue proceedings in any case where the court amends the charge, warrant or summons.\n(sec.255-ssec.7) In deciding whether to bring a prosecution for an offence under this Act, the WHS prosecutor must have regard to any guidelines issued under the Director of Public Prosecutions Act 1984 , section 11 .\n(sec.255-ssec.8) Nothing in this section affects the ability of the director of public prosecutions to bring proceedings for an offence against this Act.\n(sec.255-ssec.9) In this section— serious offence means— an offence against section 34 if the contravention— caused multiple deaths; or caused death or grievous bodily harm; or caused bodily harm; or involved exposure to a substance that is likely to cause death or grievous bodily harm; or an offence against part 3A ; or an offence prescribed by regulation for this paragraph.\n- (a) if the offence is a serious offence—the WHS prosecutor; or\n- (b) otherwise—the CEO or the WHS prosecutor.\n- (a) an offence against section 34 if the contravention— (i) caused multiple deaths; or (ii) caused death or grievous bodily harm; or (iii) caused bodily harm; or (iv) involved exposure to a substance that is likely to cause death or grievous bodily harm; or\n- (i) caused multiple deaths; or\n- (ii) caused death or grievous bodily harm; or\n- (iii) caused bodily harm; or\n- (iv) involved exposure to a substance that is likely to cause death or grievous bodily harm; or\n- (b) an offence against part 3A ; or\n- (c) an offence prescribed by regulation for this paragraph.\n- (i) caused multiple deaths; or\n- (ii) caused death or grievous bodily harm; or\n- (iii) caused bodily harm; or\n- (iv) involved exposure to a substance that is likely to cause death or grievous bodily harm; or","sortOrder":382},{"sectionNumber":"sec.256","sectionType":"section","heading":"WHS prosecutor may ask CEO for information","content":"### sec.256 WHS prosecutor may ask CEO for information\n\nThe WHS prosecutor may ask the CEO for information relevant to the performance of a function of the WHS prosecutor under this Act.\nThe CEO must take reasonable steps to provide the information.\nIn this section—\ninformation includes a document.\ns 256 amd 2005 No. 68 s 8 ; 2010 No. 17 s 17 sch\nsub 2020 No. 10 s 84\n(sec.256-ssec.1) The WHS prosecutor may ask the CEO for information relevant to the performance of a function of the WHS prosecutor under this Act.\n(sec.256-ssec.2) The CEO must take reasonable steps to provide the information.\n(sec.256-ssec.3) In this section— information includes a document.","sortOrder":383},{"sectionNumber":"sec.256A","sectionType":"section","heading":"CEO’s duty to disclose information to WHS prosecutor","content":"### sec.256A CEO’s duty to disclose information to WHS prosecutor\n\nThis section applies in relation to a proceeding for an offence against this Act brought by the WHS prosecutor.\nThe CEO has a duty to disclose to the WHS prosecutor all information relevant to the proceeding, including knowledge of a matter relevant to the proceeding, in the possession or control of the CEO.\nThe duty continues until the proceeding is finally decided or otherwise ends.\nIn this section—\ninformation includes a document.\ns 256A ins 2020 No. 10 s 84\n(sec.256A-ssec.1) This section applies in relation to a proceeding for an offence against this Act brought by the WHS prosecutor.\n(sec.256A-ssec.2) The CEO has a duty to disclose to the WHS prosecutor all information relevant to the proceeding, including knowledge of a matter relevant to the proceeding, in the possession or control of the CEO.\n(sec.256A-ssec.3) The duty continues until the proceeding is finally decided or otherwise ends.\n(sec.256A-ssec.4) In this section— information includes a document.","sortOrder":384},{"sectionNumber":"sec.256B","sectionType":"section","heading":"Procedure if prosecution not brought","content":"### sec.256B Procedure if prosecution not brought\n\nThis section applies if—\na person reasonably considers that an act or omission constitutes a serious offence under section 255 (9) ; and\nno prosecution has been brought in relation to the act or omission; and\nthe following period has elapsed from when the act or omission happened—\nif the act or omission constitutes an offence against part 3A —at least 6 months;\notherwise—at least 6 months but no more than 12 months.\nThe person may make a written request to the WHS prosecutor that a prosecution be brought in relation to the act or omission.\nWithin 3 months after the WHS prosecutor receives the request, the WHS prosecutor must give the person, and any other person whom the person believes committed the serious offence, a notice in writing stating—\nwhether the investigation of the act or omission is complete; and\nif the investigation of the act or omission is complete, whether a prosecution has been or will be brought in relation to the act or omission; and\nif the advice under paragraph (b) is that a prosecution has not been or will not be brought—the reasons for not bringing the prosecution.\nAlso, if the WHS prosecutor gives a notice under subsection (3) (b) that a prosecution has not been or will not be brought, the WHS prosecutor must—\nadvise in the notice that the person may ask the WHS prosecutor to refer the matter to the director of public prosecutions for consideration; and\nif the person asks the WHS prosecutor in writing to refer the matter to the director of public prosecutions—refer the matter to the director of public prosecutions for consideration within 1 month after the person makes the request.\nThe director of public prosecutions must consider the matter and within 1 month after the matter is referred give the WHS prosecutor advice in writing stating whether the director considers a prosecution should be brought.\nThe WHS prosecutor must give a copy of the advice under subsection (5) to—\nthe person who made the request under subsection (2) ; and\nany other person whom the person mentioned in paragraph (a) believes committed the serious offence.\nIf the WHS prosecutor declines to follow advice given under subsection (5) to bring proceedings, the WHS prosecutor must give written reasons for the decision to each person mentioned in subsection (6) .\ns 256B ins 2020 No. 10 s 84\namd 2020 No. 14 s 13 ; 2024 No. 34 s 86\n(sec.256B-ssec.1) This section applies if— a person reasonably considers that an act or omission constitutes a serious offence under section 255 (9) ; and no prosecution has been brought in relation to the act or omission; and the following period has elapsed from when the act or omission happened— if the act or omission constitutes an offence against part 3A —at least 6 months; otherwise—at least 6 months but no more than 12 months.\n(sec.256B-ssec.2) The person may make a written request to the WHS prosecutor that a prosecution be brought in relation to the act or omission.\n(sec.256B-ssec.3) Within 3 months after the WHS prosecutor receives the request, the WHS prosecutor must give the person, and any other person whom the person believes committed the serious offence, a notice in writing stating— whether the investigation of the act or omission is complete; and if the investigation of the act or omission is complete, whether a prosecution has been or will be brought in relation to the act or omission; and if the advice under paragraph (b) is that a prosecution has not been or will not be brought—the reasons for not bringing the prosecution.\n(sec.256B-ssec.4) Also, if the WHS prosecutor gives a notice under subsection (3) (b) that a prosecution has not been or will not be brought, the WHS prosecutor must— advise in the notice that the person may ask the WHS prosecutor to refer the matter to the director of public prosecutions for consideration; and if the person asks the WHS prosecutor in writing to refer the matter to the director of public prosecutions—refer the matter to the director of public prosecutions for consideration within 1 month after the person makes the request.\n(sec.256B-ssec.5) The director of public prosecutions must consider the matter and within 1 month after the matter is referred give the WHS prosecutor advice in writing stating whether the director considers a prosecution should be brought.\n(sec.256B-ssec.6) The WHS prosecutor must give a copy of the advice under subsection (5) to— the person who made the request under subsection (2) ; and any other person whom the person mentioned in paragraph (a) believes committed the serious offence.\n(sec.256B-ssec.7) If the WHS prosecutor declines to follow advice given under subsection (5) to bring proceedings, the WHS prosecutor must give written reasons for the decision to each person mentioned in subsection (6) .\n- (a) a person reasonably considers that an act or omission constitutes a serious offence under section 255 (9) ; and\n- (b) no prosecution has been brought in relation to the act or omission; and\n- (c) the following period has elapsed from when the act or omission happened— (i) if the act or omission constitutes an offence against part 3A —at least 6 months; (ii) otherwise—at least 6 months but no more than 12 months.\n- (i) if the act or omission constitutes an offence against part 3A —at least 6 months;\n- (ii) otherwise—at least 6 months but no more than 12 months.\n- (i) if the act or omission constitutes an offence against part 3A —at least 6 months;\n- (ii) otherwise—at least 6 months but no more than 12 months.\n- (a) whether the investigation of the act or omission is complete; and\n- (b) if the investigation of the act or omission is complete, whether a prosecution has been or will be brought in relation to the act or omission; and\n- (c) if the advice under paragraph (b) is that a prosecution has not been or will not be brought—the reasons for not bringing the prosecution.\n- (a) advise in the notice that the person may ask the WHS prosecutor to refer the matter to the director of public prosecutions for consideration; and\n- (b) if the person asks the WHS prosecutor in writing to refer the matter to the director of public prosecutions—refer the matter to the director of public prosecutions for consideration within 1 month after the person makes the request.\n- (a) the person who made the request under subsection (2) ; and\n- (b) any other person whom the person mentioned in paragraph (a) believes committed the serious offence.","sortOrder":385},{"sectionNumber":"sec.257","sectionType":"section","heading":"Limitation on time for starting proceedings","content":"### sec.257 Limitation on time for starting proceedings\n\nA proceeding for an offence against this Act must start within the latest of the following periods to end—\n2 years after the offence first comes to the notice of the complainant;\nif an enforceable undertaking has been given in relation to the offence, 6 months after the latest of the following to happen—\nthe enforceable undertaking is contravened;\nit comes to the notice of the CEO that the enforceable undertaking has been contravened;\nthe CEO agrees under section 267Q to the withdrawal of the enforceable undertaking;\nif the offence involves a breach of an obligation causing death and the death is investigated by a coroner under the Coroners Act 2003 —2 years after the coroner makes a finding in relation to the death.\nSubsection (1) does not apply to a proceeding for an offence against part 3A .\ns 257 amd 2009 No.16 s 10; 2020 No. 14 s 14 ; 2024 No. 34 s 87\n(sec.257-ssec.1) A proceeding for an offence against this Act must start within the latest of the following periods to end— 2 years after the offence first comes to the notice of the complainant; if an enforceable undertaking has been given in relation to the offence, 6 months after the latest of the following to happen— the enforceable undertaking is contravened; it comes to the notice of the CEO that the enforceable undertaking has been contravened; the CEO agrees under section 267Q to the withdrawal of the enforceable undertaking; if the offence involves a breach of an obligation causing death and the death is investigated by a coroner under the Coroners Act 2003 —2 years after the coroner makes a finding in relation to the death.\n(sec.257-ssec.2) Subsection (1) does not apply to a proceeding for an offence against part 3A .\n- (a) 2 years after the offence first comes to the notice of the complainant;\n- (b) if an enforceable undertaking has been given in relation to the offence, 6 months after the latest of the following to happen— (i) the enforceable undertaking is contravened; (ii) it comes to the notice of the CEO that the enforceable undertaking has been contravened; (iii) the CEO agrees under section 267Q to the withdrawal of the enforceable undertaking;\n- (i) the enforceable undertaking is contravened;\n- (ii) it comes to the notice of the CEO that the enforceable undertaking has been contravened;\n- (iii) the CEO agrees under section 267Q to the withdrawal of the enforceable undertaking;\n- (c) if the offence involves a breach of an obligation causing death and the death is investigated by a coroner under the Coroners Act 2003 —2 years after the coroner makes a finding in relation to the death.\n- (i) the enforceable undertaking is contravened;\n- (ii) it comes to the notice of the CEO that the enforceable undertaking has been contravened;\n- (iii) the CEO agrees under section 267Q to the withdrawal of the enforceable undertaking;","sortOrder":386},{"sectionNumber":"sec.258","sectionType":"section","heading":"Court may order suspension or cancellation of certificate or notice","content":"### sec.258 Court may order suspension or cancellation of certificate or notice\n\nThis section applies if a person convicted of an offence against this Act is the holder of a certificate of competency or site senior executive notice.\nA Magistrates Court, on application by the complainant during the proceedings for the offence, may suspend or cancel the certificate of competency or site senior executive notice of the person convicted.\nA person dissatisfied with the court’s decision to suspend or cancel the person’s certificate of competency or site senior executive notice who wants to appeal against the decision, must appeal to the District Court.\nA Magistrates Court must give notice of a decision to suspend or cancel a person’s certificate of competency or site senior executive notice to—\nthe following persons, to the extent the persons are known to the court—\nfor a decision relating to a certificate of competency—the site senior executive for each coal mine at which the person works;\nfor a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the person works; and\nthe board of examiners.\ns 258 amd 2000 No. 18 s 12 ; 2018 No. 28 s 41 ; 2024 No. 34 s 88\n(sec.258-ssec.1) This section applies if a person convicted of an offence against this Act is the holder of a certificate of competency or site senior executive notice.\n(sec.258-ssec.2) A Magistrates Court, on application by the complainant during the proceedings for the offence, may suspend or cancel the certificate of competency or site senior executive notice of the person convicted.\n(sec.258-ssec.3) A person dissatisfied with the court’s decision to suspend or cancel the person’s certificate of competency or site senior executive notice who wants to appeal against the decision, must appeal to the District Court.\n(sec.258-ssec.4) A Magistrates Court must give notice of a decision to suspend or cancel a person’s certificate of competency or site senior executive notice to— the following persons, to the extent the persons are known to the court— for a decision relating to a certificate of competency—the site senior executive for each coal mine at which the person works; for a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the person works; and the board of examiners.\n- (a) the following persons, to the extent the persons are known to the court— (i) for a decision relating to a certificate of competency—the site senior executive for each coal mine at which the person works; (ii) for a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the person works; and\n- (i) for a decision relating to a certificate of competency—the site senior executive for each coal mine at which the person works;\n- (ii) for a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the person works; and\n- (b) the board of examiners.\n- (i) for a decision relating to a certificate of competency—the site senior executive for each coal mine at which the person works;\n- (ii) for a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the person works; and","sortOrder":387},{"sectionNumber":"sec.259","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.259 Forfeiture on conviction\n\nOn conviction of a person for an offence against this Act, a Magistrates Court may order the forfeiture to the State of—\nanything used to commit the offence; or\nanything else the subject of the offence.\nThe court may make the order—\nwhether or not the thing has been seized; and\nif the thing has been seized, whether or not the thing has been returned to its owner.\nThe court may make any order to enforce the forfeiture it considers appropriate.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\ns 259 amd 2024 No. 34 s 89\n(sec.259-ssec.1) On conviction of a person for an offence against this Act, a Magistrates Court may order the forfeiture to the State of— anything used to commit the offence; or anything else the subject of the offence.\n(sec.259-ssec.2) The court may make the order— whether or not the thing has been seized; and if the thing has been seized, whether or not the thing has been returned to its owner.\n(sec.259-ssec.3) The court may make any order to enforce the forfeiture it considers appropriate.\n(sec.259-ssec.4) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n- (a) anything used to commit the offence; or\n- (b) anything else the subject of the offence.\n- (a) whether or not the thing has been seized; and\n- (b) if the thing has been seized, whether or not the thing has been returned to its owner.","sortOrder":388},{"sectionNumber":"sec.260","sectionType":"section","heading":"Dealing with forfeited things","content":"### sec.260 Dealing with forfeited things\n\nOn the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the CEO as the CEO considers appropriate.\nWithout limiting subsection (1) , the CEO may destroy the thing.\ns 260 amd 2020 No. 10 s 139 sch 2\n(sec.260-ssec.1) On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the CEO as the CEO considers appropriate.\n(sec.260-ssec.2) Without limiting subsection (1) , the CEO may destroy the thing.","sortOrder":389},{"sectionNumber":"sec.261","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.261 Responsibility for acts or omissions of representatives\n\nSubsections (2) and (3) apply in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable precautions and proper diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nof a corporation—an officer, employee or agent of the corporation; or\nof an individual—an employee or agent of the individual.\nstate of mind of a person includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\ns 261 amd 2018 No. 28 s 42\n(sec.261-ssec.1) Subsections (2) and (3) apply in a proceeding for an offence against this Act.\n(sec.261-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.261-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable precautions and proper diligence, have prevented the act or omission.\n(sec.261-ssec.4) In this section— representative means— of a corporation—an officer, employee or agent of the corporation; or of an individual—an employee or agent of the individual. state of mind of a person includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) of a corporation—an officer, employee or agent of the corporation; or\n- (b) of an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":390},{"sectionNumber":"sec.262","sectionType":"section","heading":null,"content":"### Section sec.262\n\ns 262 om 2018 No. 28 s 43","sortOrder":391},{"sectionNumber":"sec.263","sectionType":"section","heading":"Representation","content":"### sec.263 Representation\n\nA party to a proceeding under this Act may be represented by the party’s lawyer or agent.","sortOrder":392},{"sectionNumber":"sec.264","sectionType":"section","heading":"Orders for costs","content":"### sec.264 Orders for costs\n\nThis section applies in relation to a proceeding for an offence against this Act.\nA Magistrates Court may award a represented party for the proceeding costs of the representation.\nIf a court convicts a person of an offence against this Act, the court may order the person to pay the reasonable costs incurred by RSHQ in investigating, and preparing for the prosecution of, the offence.\nThis section does not limit the orders for costs the court may make.\nIn this section—\nrepresented party , for a proceeding, means a party to the proceeding, or a person ordered or permitted to appear or to be represented by a lawyer, who is represented by a lawyer.\ns 264 amd 2020 No. 10 s 85 ; 2020 No. 14 s 15 ; 2024 No. 34 s 90\n(sec.264-ssec.1) This section applies in relation to a proceeding for an offence against this Act.\n(sec.264-ssec.2) A Magistrates Court may award a represented party for the proceeding costs of the representation.\n(sec.264-ssec.3) If a court convicts a person of an offence against this Act, the court may order the person to pay the reasonable costs incurred by RSHQ in investigating, and preparing for the prosecution of, the offence.\n(sec.264-ssec.4) This section does not limit the orders for costs the court may make.\n(sec.264-ssec.5) In this section— represented party , for a proceeding, means a party to the proceeding, or a person ordered or permitted to appear or to be represented by a lawyer, who is represented by a lawyer.","sortOrder":393},{"sectionNumber":"sec.265","sectionType":"section","heading":"Recovery of fees","content":"### sec.265 Recovery of fees\n\nA fee payable under this Act and not paid may be recovered by the CEO—\nin summary proceedings under the Justices Act 1886 ; or\nby action for a debt in a court of competent jurisdiction.\nA fee may also be recovered in a proceeding for an offence against this Act.\nAn order made under subsection (2) is enforceable under the Justices Act 1886 as an order for payment of money made by a magistrate under that Act.\nIf an order is made under subsection (2) —\nthe order may be filed in the registry of a Magistrates Court; and\non being filed, is taken to be an order made by a Magistrates Court and may be enforced accordingly.\ns 265 amd 2020 No. 10 s 139 sch 2\n(sec.265-ssec.1) A fee payable under this Act and not paid may be recovered by the CEO— in summary proceedings under the Justices Act 1886 ; or by action for a debt in a court of competent jurisdiction.\n(sec.265-ssec.2) A fee may also be recovered in a proceeding for an offence against this Act.\n(sec.265-ssec.3) An order made under subsection (2) is enforceable under the Justices Act 1886 as an order for payment of money made by a magistrate under that Act.\n(sec.265-ssec.4) If an order is made under subsection (2) — the order may be filed in the registry of a Magistrates Court; and on being filed, is taken to be an order made by a Magistrates Court and may be enforced accordingly.\n- (a) in summary proceedings under the Justices Act 1886 ; or\n- (b) by action for a debt in a court of competent jurisdiction.\n- (a) the order may be filed in the registry of a Magistrates Court; and\n- (b) on being filed, is taken to be an order made by a Magistrates Court and may be enforced accordingly.","sortOrder":394},{"sectionNumber":"pt.15-div.3","sectionType":"division","heading":"Evidentiary provisions","content":"## Evidentiary provisions","sortOrder":395},{"sectionNumber":"sec.266","sectionType":"section","heading":"Service of documents","content":"### sec.266 Service of documents\n\nIf a document is required or permitted under this Act to be given to a person, the document may be given to the person by facsimile transmission directed and sent to—\nthe last transmission number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or\nthe facsimile transmission number operated—\nat the address of the person last known to the giver of the document; or\nif the person is a company, at the company’s registered office.\nA document given in accordance with subsection (1) is taken to have been given on the day the copy is transmitted.\nThis section does not limit any other means of giving documents authorised or permitted by law including, for example, under the Acts Interpretation Act 1954 , part 10 .\n(sec.266-ssec.1) If a document is required or permitted under this Act to be given to a person, the document may be given to the person by facsimile transmission directed and sent to— the last transmission number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or the facsimile transmission number operated— at the address of the person last known to the giver of the document; or if the person is a company, at the company’s registered office.\n(sec.266-ssec.2) A document given in accordance with subsection (1) is taken to have been given on the day the copy is transmitted.\n(sec.266-ssec.3) This section does not limit any other means of giving documents authorised or permitted by law including, for example, under the Acts Interpretation Act 1954 , part 10 .\n- (a) the last transmission number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or\n- (b) the facsimile transmission number operated— (i) at the address of the person last known to the giver of the document; or (ii) if the person is a company, at the company’s registered office.\n- (i) at the address of the person last known to the giver of the document; or\n- (ii) if the person is a company, at the company’s registered office.\n- (i) at the address of the person last known to the giver of the document; or\n- (ii) if the person is a company, at the company’s registered office.","sortOrder":396},{"sectionNumber":"sec.267","sectionType":"section","heading":"How document to be given to coal mine operator","content":"### sec.267 How document to be given to coal mine operator\n\nA document to be given to a coal mine operator for a coal mine, is taken to have been given to the coal mine operator if it is—\naddressed to the coal mine operator; and\ngiven to the site senior executive at the coal mine.\n- (a) addressed to the coal mine operator; and\n- (b) given to the site senior executive at the coal mine.","sortOrder":397},{"sectionNumber":"pt.15A","sectionType":"part","heading":"Injunctions","content":"# Injunctions","sortOrder":398},{"sectionNumber":"sec.267A","sectionType":"section","heading":"Applying for injunction","content":"### sec.267A Applying for injunction\n\nThe CEO or chief inspector may apply to the District Court for an injunction under this part.\nAn injunction under this part may be granted by the District Court against a person at any time.\ns 267A ins 2011 No. 2 s 23\namd 2020 No. 10 s 86\n(sec.267A-ssec.1) The CEO or chief inspector may apply to the District Court for an injunction under this part.\n(sec.267A-ssec.2) An injunction under this part may be granted by the District Court against a person at any time.","sortOrder":399},{"sectionNumber":"sec.267B","sectionType":"section","heading":"Grounds for injunction","content":"### sec.267B Grounds for injunction\n\nThe District Court may grant an injunction if the court is satisfied a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute—\na contravention of this Act; or\nattempting to contravene this Act; or\naiding, abetting, counselling or procuring a person to contravene this Act; or\ninducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Act; or\nbeing in any way, directly or indirectly, knowingly concerned in, or party to, the contravention of this Act by a person; or\nconspiring with others to contravene this Act.\ns 267B ins 2011 No. 2 s 23\n- (a) a contravention of this Act; or\n- (b) attempting to contravene this Act; or\n- (c) aiding, abetting, counselling or procuring a person to contravene this Act; or\n- (d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Act; or\n- (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention of this Act by a person; or\n- (f) conspiring with others to contravene this Act.","sortOrder":400},{"sectionNumber":"sec.267C","sectionType":"section","heading":"Court’s powers for injunction","content":"### sec.267C Court’s powers for injunction\n\nThe power of the District Court to grant an injunction restraining a person from engaging in conduct may be exercised—\nwhether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and\nwhether or not the person has previously engaged in conduct of that kind.\nThe power of the court to grant an injunction requiring a person to do an act or thing may be exercised—\nwhether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and\nwhether or not the person has previously failed to do the act or thing.\nAn interim injunction may be granted under this part until the application is finally decided.\nThe court may rescind or vary an injunction at any time.\ns 267C ins 2011 No. 2 s 23\n(sec.267C-ssec.1) The power of the District Court to grant an injunction restraining a person from engaging in conduct may be exercised— whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and whether or not the person has previously engaged in conduct of that kind.\n(sec.267C-ssec.2) The power of the court to grant an injunction requiring a person to do an act or thing may be exercised— whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and whether or not the person has previously failed to do the act or thing.\n(sec.267C-ssec.3) An interim injunction may be granted under this part until the application is finally decided.\n(sec.267C-ssec.4) The court may rescind or vary an injunction at any time.\n- (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and\n- (b) whether or not the person has previously engaged in conduct of that kind.\n- (a) whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and\n- (b) whether or not the person has previously failed to do the act or thing.","sortOrder":401},{"sectionNumber":"sec.267D","sectionType":"section","heading":"Terms of injunction","content":"### sec.267D Terms of injunction\n\nThe District Court may grant an injunction in the terms the court considers appropriate.\nWithout limiting the court’s power under subsection (1) , an injunction may be granted restraining a person from carrying on particular activities—\nfor a stated period; or\nexcept on stated terms and conditions.\nAlso, the court may grant an injunction requiring a person to take stated action, including action to disclose or publish information, to remedy any adverse consequences of the person’s contravention of this Act.\ns 267D ins 2011 No. 2 s 23\n(sec.267D-ssec.1) The District Court may grant an injunction in the terms the court considers appropriate.\n(sec.267D-ssec.2) Without limiting the court’s power under subsection (1) , an injunction may be granted restraining a person from carrying on particular activities— for a stated period; or except on stated terms and conditions.\n(sec.267D-ssec.3) Also, the court may grant an injunction requiring a person to take stated action, including action to disclose or publish information, to remedy any adverse consequences of the person’s contravention of this Act.\n- (a) for a stated period; or\n- (b) except on stated terms and conditions.","sortOrder":402},{"sectionNumber":"pt.15B","sectionType":"part","heading":"Civil penalties","content":"# Civil penalties","sortOrder":403},{"sectionNumber":"sec.267E","sectionType":"section","heading":"Definitions for part","content":"### sec.267E Definitions for part\n\nIn this part—\ncivil penalty obligation means a safety and health obligation, or another obligation under this Act, prescribed by regulation to be a civil penalty obligation.\ncorresponding offence , in relation to a contravention of a civil penalty obligation, means an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\npenalty notice see section 267I (3) .\nproposed penalty notice see section 267G (2) .\nrelevant corporation means a coal mine operator or contractor that is a corporation.\ns 267E ins 2018 No. 28 s 44","sortOrder":404},{"sectionNumber":"sec.267F","sectionType":"section","heading":"Liability for civil penalties","content":"### sec.267F Liability for civil penalties\n\nA relevant corporation is liable to pay the State a civil penalty if—\nthe relevant corporation contravenes a civil penalty obligation; or\na representative of the relevant corporation contravenes a civil penalty obligation.\nA civil penalty may be imposed on the relevant corporation by a penalty notice given to the corporation by the CEO.\nThe amount of the penalty is—\nif the civil penalty obligation is a category 1 obligation—1,000 penalty units; or\nif the civil penalty obligation is a category 2 obligation—750 penalty units; or\nif the civil penalty obligation is a category 3 obligation—500 penalty units.\nFor subsection (3) , the category of a civil penalty obligation is the category prescribed by regulation for the obligation.\nIn this section—\nrepresentative , of a relevant corporation, means an officer, employee or agent of the corporation.\ns 267F ins 2018 No. 28 s 44\namd 2020 No. 10 s 139 sch 2\n(sec.267F-ssec.1) A relevant corporation is liable to pay the State a civil penalty if— the relevant corporation contravenes a civil penalty obligation; or a representative of the relevant corporation contravenes a civil penalty obligation.\n(sec.267F-ssec.2) A civil penalty may be imposed on the relevant corporation by a penalty notice given to the corporation by the CEO.\n(sec.267F-ssec.3) The amount of the penalty is— if the civil penalty obligation is a category 1 obligation—1,000 penalty units; or if the civil penalty obligation is a category 2 obligation—750 penalty units; or if the civil penalty obligation is a category 3 obligation—500 penalty units.\n(sec.267F-ssec.4) For subsection (3) , the category of a civil penalty obligation is the category prescribed by regulation for the obligation.\n(sec.267F-ssec.5) In this section— representative , of a relevant corporation, means an officer, employee or agent of the corporation.\n- (a) the relevant corporation contravenes a civil penalty obligation; or\n- (b) a representative of the relevant corporation contravenes a civil penalty obligation.\n- (a) if the civil penalty obligation is a category 1 obligation—1,000 penalty units; or\n- (b) if the civil penalty obligation is a category 2 obligation—750 penalty units; or\n- (c) if the civil penalty obligation is a category 3 obligation—500 penalty units.","sortOrder":405},{"sectionNumber":"sec.267G","sectionType":"section","heading":"Giving of notice proposing imposition of civil penalty","content":"### sec.267G Giving of notice proposing imposition of civil penalty\n\nThis section applies if the CEO reasonably believes a relevant corporation is liable to pay a civil penalty on the grounds of a contravention of a civil penalty obligation.\nThe CEO may give the corporation a notice (a proposed penalty notice ) proposing to impose a civil penalty on the corporation on the grounds of the contravention.\nThe proposed penalty notice must state each of the following matters—\nthat the CEO proposes to impose a civil penalty on the corporation;\nthe grounds for imposing the penalty;\nthe facts and circumstances forming the basis for the grounds;\nthat the corporation may make a written submission to the CEO, within a stated period of at least 14 days after the corporation is given the notice, to show why the civil penalty should not be imposed;\nthe way in which the submission may be made.\ns 267G ins 2018 No. 28 s 44\namd 2020 No. 10 s 139 sch 2\n(sec.267G-ssec.1) This section applies if the CEO reasonably believes a relevant corporation is liable to pay a civil penalty on the grounds of a contravention of a civil penalty obligation.\n(sec.267G-ssec.2) The CEO may give the corporation a notice (a proposed penalty notice ) proposing to impose a civil penalty on the corporation on the grounds of the contravention.\n(sec.267G-ssec.3) The proposed penalty notice must state each of the following matters— that the CEO proposes to impose a civil penalty on the corporation; the grounds for imposing the penalty; the facts and circumstances forming the basis for the grounds; that the corporation may make a written submission to the CEO, within a stated period of at least 14 days after the corporation is given the notice, to show why the civil penalty should not be imposed; the way in which the submission may be made.\n- (a) that the CEO proposes to impose a civil penalty on the corporation;\n- (b) the grounds for imposing the penalty;\n- (c) the facts and circumstances forming the basis for the grounds;\n- (d) that the corporation may make a written submission to the CEO, within a stated period of at least 14 days after the corporation is given the notice, to show why the civil penalty should not be imposed;\n- (e) the way in which the submission may be made.","sortOrder":406},{"sectionNumber":"sec.267H","sectionType":"section","heading":"Submission against proposed imposition of civil penalty","content":"### sec.267H Submission against proposed imposition of civil penalty\n\nThe relevant corporation may, within the period stated in the proposed penalty notice under section 267G (3) (d) and in the way stated in the notice, make a written submission to the CEO to show why the civil penalty should not be imposed.\ns 267H ins 2018 No. 28 s 44\namd 2020 No. 10 s 139 sch 2","sortOrder":407},{"sectionNumber":"sec.267I","sectionType":"section","heading":"Giving of penalty notice","content":"### sec.267I Giving of penalty notice\n\nThis section applies if—\nthe period stated in the proposed penalty notice under section 267G (3) (d) has ended; and\nthe CEO has considered any submission made under section 267H ; and\nthe CEO is satisfied—\nthe civil penalty obligation mentioned in the proposed penalty notice has been contravened; and\nthe relevant corporation is liable to a civil penalty on the grounds of the contravention.\nThe CEO may decide to impose a civil penalty on the corporation on the grounds of the contravention.\nIf the CEO makes a decision under subsection (2) , the CEO must give the corporation a notice (a penalty notice ) stating each of the following matters—\nthe CEO has decided to impose a civil penalty on the corporation;\nthe reasons for the decision;\nthe amount of the penalty and the day by which it must be paid;\nthat the corporation may appeal to an Industrial Magistrates Court against the decision within 28 days after the corporation is given the penalty notice;\nhow to appeal.\nThe day for payment stated under subsection (3) (c) must not be less than 28 days after the penalty notice is given to the corporation.\nThe State may recover the penalty from the corporation as a debt.\ns 267I ins 2018 No. 28 s 44\namd 2020 No. 10 s 139 sch 2\n(sec.267I-ssec.1) This section applies if— the period stated in the proposed penalty notice under section 267G (3) (d) has ended; and the CEO has considered any submission made under section 267H ; and the CEO is satisfied— the civil penalty obligation mentioned in the proposed penalty notice has been contravened; and the relevant corporation is liable to a civil penalty on the grounds of the contravention.\n(sec.267I-ssec.2) The CEO may decide to impose a civil penalty on the corporation on the grounds of the contravention.\n(sec.267I-ssec.3) If the CEO makes a decision under subsection (2) , the CEO must give the corporation a notice (a penalty notice ) stating each of the following matters— the CEO has decided to impose a civil penalty on the corporation; the reasons for the decision; the amount of the penalty and the day by which it must be paid; that the corporation may appeal to an Industrial Magistrates Court against the decision within 28 days after the corporation is given the penalty notice; how to appeal.\n(sec.267I-ssec.4) The day for payment stated under subsection (3) (c) must not be less than 28 days after the penalty notice is given to the corporation.\n(sec.267I-ssec.5) The State may recover the penalty from the corporation as a debt.\n- (a) the period stated in the proposed penalty notice under section 267G (3) (d) has ended; and\n- (b) the CEO has considered any submission made under section 267H ; and\n- (c) the CEO is satisfied— (i) the civil penalty obligation mentioned in the proposed penalty notice has been contravened; and (ii) the relevant corporation is liable to a civil penalty on the grounds of the contravention.\n- (i) the civil penalty obligation mentioned in the proposed penalty notice has been contravened; and\n- (ii) the relevant corporation is liable to a civil penalty on the grounds of the contravention.\n- (i) the civil penalty obligation mentioned in the proposed penalty notice has been contravened; and\n- (ii) the relevant corporation is liable to a civil penalty on the grounds of the contravention.\n- (a) the CEO has decided to impose a civil penalty on the corporation;\n- (b) the reasons for the decision;\n- (c) the amount of the penalty and the day by which it must be paid;\n- (d) that the corporation may appeal to an Industrial Magistrates Court against the decision within 28 days after the corporation is given the penalty notice;\n- (e) how to appeal.","sortOrder":408},{"sectionNumber":"sec.267J","sectionType":"section","heading":"Civil penalty can not be imposed after criminal proceeding","content":"### sec.267J Civil penalty can not be imposed after criminal proceeding\n\nA civil penalty must not be imposed on a relevant corporation on the grounds of a contravention of a civil penalty obligation if the corporation has been convicted or found guilty of a corresponding offence.\nSubsection (3) applies if—\nthe CEO has given a relevant corporation a proposed penalty notice in relation to a contravention of a civil penalty obligation; and\nbefore the CEO makes a decision under section 267I , a criminal proceeding is started against the corporation for a corresponding offence.\nA civil penalty must not be imposed on the corporation on the grounds of the contravention unless the criminal proceeding ends without the corporation being convicted or found guilty of a corresponding offence.\nThis section applies despite any other provision of this part.\ns 267J ins 2018 No. 28 s 44\namd 2020 No. 10 s 139 sch 2\n(sec.267J-ssec.1) A civil penalty must not be imposed on a relevant corporation on the grounds of a contravention of a civil penalty obligation if the corporation has been convicted or found guilty of a corresponding offence.\n(sec.267J-ssec.2) Subsection (3) applies if— the CEO has given a relevant corporation a proposed penalty notice in relation to a contravention of a civil penalty obligation; and before the CEO makes a decision under section 267I , a criminal proceeding is started against the corporation for a corresponding offence.\n(sec.267J-ssec.3) A civil penalty must not be imposed on the corporation on the grounds of the contravention unless the criminal proceeding ends without the corporation being convicted or found guilty of a corresponding offence.\n(sec.267J-ssec.4) This section applies despite any other provision of this part.\n- (a) the CEO has given a relevant corporation a proposed penalty notice in relation to a contravention of a civil penalty obligation; and\n- (b) before the CEO makes a decision under section 267I , a criminal proceeding is started against the corporation for a corresponding offence.","sortOrder":409},{"sectionNumber":"sec.267K","sectionType":"section","heading":"Criminal proceeding after civil penalty imposed","content":"### sec.267K Criminal proceeding after civil penalty imposed\n\nA criminal proceeding may be started against a relevant corporation for a corresponding offence for a contravention of a civil penalty obligation regardless of whether a civil penalty has been imposed on the corporation for the contravention.\ns 267K ins 2018 No. 28 s 44","sortOrder":410},{"sectionNumber":"pt.15C","sectionType":"part","heading":"Enforceable undertakings","content":"# Enforceable undertakings","sortOrder":411},{"sectionNumber":"sec.267L","sectionType":"section","heading":"CEO may accept enforceable undertaking","content":"### sec.267L CEO may accept enforceable undertaking\n\nThe CEO may accept a written undertaking (an enforceable undertaking ) given by a person in connection with a matter relating to a contravention or alleged contravention of this Act by the person.\nAn enforceable undertaking can not be accepted for a contravention or alleged contravention that is—\nan offence against section 48C or 48D ; or\nan offence involving a breach of a safety and health obligation causing death.\nThe giving of an enforceable undertaking does not constitute an admission of guilt by the person giving the undertaking in relation to the contravention or alleged contravention to which the undertaking relates.\nThe CEO must issue, and publish on a Queensland Government website, general guidelines in relation to the acceptance of enforceable undertakings under this Act.\nThe CEO may accept an enforceable undertaking in relation to a contravention or alleged contravention, other than a contravention or alleged contravention that is an offence mentioned in subsection (2) (a) or (b) , before a proceeding in relation to the contravention has been finalised.\nIf the CEO accepts an enforceable undertaking before the proceeding is finalised—\nthe CEO must immediately notify the WHS prosecutor; and\nthe WHS prosecutor must take all reasonable steps to have the proceeding discontinued as soon as possible.\ns 267L ins 2024 No. 34 s 91\n(sec.267L-ssec.1) The CEO may accept a written undertaking (an enforceable undertaking ) given by a person in connection with a matter relating to a contravention or alleged contravention of this Act by the person.\n(sec.267L-ssec.2) An enforceable undertaking can not be accepted for a contravention or alleged contravention that is— an offence against section 48C or 48D ; or an offence involving a breach of a safety and health obligation causing death.\n(sec.267L-ssec.3) The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving the undertaking in relation to the contravention or alleged contravention to which the undertaking relates.\n(sec.267L-ssec.4) The CEO must issue, and publish on a Queensland Government website, general guidelines in relation to the acceptance of enforceable undertakings under this Act.\n(sec.267L-ssec.5) The CEO may accept an enforceable undertaking in relation to a contravention or alleged contravention, other than a contravention or alleged contravention that is an offence mentioned in subsection (2) (a) or (b) , before a proceeding in relation to the contravention has been finalised.\n(sec.267L-ssec.6) If the CEO accepts an enforceable undertaking before the proceeding is finalised— the CEO must immediately notify the WHS prosecutor; and the WHS prosecutor must take all reasonable steps to have the proceeding discontinued as soon as possible.\n- (a) an offence against section 48C or 48D ; or\n- (b) an offence involving a breach of a safety and health obligation causing death.\n- (a) the CEO must immediately notify the WHS prosecutor; and\n- (b) the WHS prosecutor must take all reasonable steps to have the proceeding discontinued as soon as possible.","sortOrder":412},{"sectionNumber":"sec.267M","sectionType":"section","heading":"Notice of decision and reasons for decision","content":"### sec.267M Notice of decision and reasons for decision\n\nThe CEO must give the person seeking to make an enforceable undertaking notice of the CEO’s decision to accept or reject the enforceable undertaking and of the reasons for the decision.\nThe CEO must publish, on a Queensland Government website, notice of a decision to accept an enforceable undertaking and the reasons for the decision.\ns 267M ins 2024 No. 34 s 91\n(sec.267M-ssec.1) The CEO must give the person seeking to make an enforceable undertaking notice of the CEO’s decision to accept or reject the enforceable undertaking and of the reasons for the decision.\n(sec.267M-ssec.2) The CEO must publish, on a Queensland Government website, notice of a decision to accept an enforceable undertaking and the reasons for the decision.","sortOrder":413},{"sectionNumber":"sec.267N","sectionType":"section","heading":"When enforceable undertaking is enforceable","content":"### sec.267N When enforceable undertaking is enforceable\n\nAn enforceable undertaking takes effect and becomes enforceable when the CEO’s decision to accept the undertaking is given to the person who made the undertaking or at any later date stated by the CEO.\ns 267N ins 2024 No. 34 s 91","sortOrder":414},{"sectionNumber":"sec.267O","sectionType":"section","heading":"Compliance with enforceable undertaking","content":"### sec.267O Compliance with enforceable undertaking\n\nA person must not contravene an enforceable undertaking made by the person that is in effect.\nMaximum penalty—500 penalty units.\ns 267O ins 2024 No. 34 s 91","sortOrder":415},{"sectionNumber":"sec.267P","sectionType":"section","heading":"Contravention of enforceable undertaking","content":"### sec.267P Contravention of enforceable undertaking\n\nThe CEO may apply to a Magistrates Court for an order if a person contravenes an enforceable undertaking.\nIf the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court, in addition to the imposition of any penalty, may make—\nan order directing the person to comply with the undertaking; or\nan order discharging the undertaking.\nIn addition to the orders mentioned in subsection (2) , the court may make any other order the court considers appropriate in the circumstances, including orders directing the person to pay to the State—\nthe costs of the proceeding; and\nthe reasonable costs of the CEO in monitoring compliance with the enforceable undertaking in the future.\nNothing in this section prevents a proceeding being taken for the contravention or alleged contravention of this Act to which the enforceable undertaking relates.\nSection 267R specifies circumstances affecting a proceeding for a contravention for which an enforceable undertaking has been given.\ns 267P ins 2024 No. 34 s 91\n(sec.267P-ssec.1) The CEO may apply to a Magistrates Court for an order if a person contravenes an enforceable undertaking.\n(sec.267P-ssec.2) If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court, in addition to the imposition of any penalty, may make— an order directing the person to comply with the undertaking; or an order discharging the undertaking.\n(sec.267P-ssec.3) In addition to the orders mentioned in subsection (2) , the court may make any other order the court considers appropriate in the circumstances, including orders directing the person to pay to the State— the costs of the proceeding; and the reasonable costs of the CEO in monitoring compliance with the enforceable undertaking in the future.\n(sec.267P-ssec.4) Nothing in this section prevents a proceeding being taken for the contravention or alleged contravention of this Act to which the enforceable undertaking relates. Section 267R specifies circumstances affecting a proceeding for a contravention for which an enforceable undertaking has been given.\n- (a) an order directing the person to comply with the undertaking; or\n- (b) an order discharging the undertaking.\n- (a) the costs of the proceeding; and\n- (b) the reasonable costs of the CEO in monitoring compliance with the enforceable undertaking in the future.","sortOrder":416},{"sectionNumber":"sec.267Q","sectionType":"section","heading":"Withdrawal or variation of enforceable undertaking","content":"### sec.267Q Withdrawal or variation of enforceable undertaking\n\nA person who has made an enforceable undertaking may at any time, with the written agreement of the CEO—\nwithdraw the undertaking; or\nvary the undertaking.\nHowever, the provisions of the undertaking can not be varied to provide for a different alleged contravention of the Act .\nThe CEO must publish, on a Queensland Government website, notice of the withdrawal or variation of an enforceable undertaking.\ns 267Q ins 2024 No. 34 s 91\n(sec.267Q-ssec.1) A person who has made an enforceable undertaking may at any time, with the written agreement of the CEO— withdraw the undertaking; or vary the undertaking.\n(sec.267Q-ssec.2) However, the provisions of the undertaking can not be varied to provide for a different alleged contravention of the Act .\n(sec.267Q-ssec.3) The CEO must publish, on a Queensland Government website, notice of the withdrawal or variation of an enforceable undertaking.\n- (a) withdraw the undertaking; or\n- (b) vary the undertaking.","sortOrder":417},{"sectionNumber":"sec.267R","sectionType":"section","heading":"Proceeding for alleged contravention","content":"### sec.267R Proceeding for alleged contravention\n\nSubject to this part, no proceeding for a contravention or alleged contravention of this Act may be taken against a person if an enforceable undertaking is in effect in relation to the contravention.\nNo proceeding may be taken for a contravention or alleged contravention of this Act against a person who has made an enforceable undertaking in relation to the contravention and has completely discharged the enforceable undertaking.\ns 267R ins 2024 No. 34 s 91\n(sec.267R-ssec.1) Subject to this part, no proceeding for a contravention or alleged contravention of this Act may be taken against a person if an enforceable undertaking is in effect in relation to the contravention.\n(sec.267R-ssec.2) No proceeding may be taken for a contravention or alleged contravention of this Act against a person who has made an enforceable undertaking in relation to the contravention and has completely discharged the enforceable undertaking.","sortOrder":418},{"sectionNumber":"pt.16","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":419},{"sectionNumber":"pt.16-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":420},{"sectionNumber":"sec.268","sectionType":"section","heading":"Person not to encourage refusal to answer questions","content":"### sec.268 Person not to encourage refusal to answer questions\n\nA person must not encourage or influence, or attempt to encourage or influence, by general direction, promise of advantage, threat of dismissal or otherwise, a coal mine worker to refuse to answer questions put to the coal mine worker by an inspector, inspection officer, authorised officer or industry safety and health representative.\nMaximum penalty—40 penalty units.\nTo remove any doubt, subsection (1) does not apply to the provision of legal advice to a coal mine worker by a lawyer.\ns 268 amd 2007 No. 46 s 38\n(sec.268-ssec.1) A person must not encourage or influence, or attempt to encourage or influence, by general direction, promise of advantage, threat of dismissal or otherwise, a coal mine worker to refuse to answer questions put to the coal mine worker by an inspector, inspection officer, authorised officer or industry safety and health representative. Maximum penalty—40 penalty units.\n(sec.268-ssec.2) To remove any doubt, subsection (1) does not apply to the provision of legal advice to a coal mine worker by a lawyer.","sortOrder":421},{"sectionNumber":"sec.269","sectionType":"section","heading":"Impersonating inspectors, officers or representatives","content":"### sec.269 Impersonating inspectors, officers or representatives\n\nA person must not pretend to be an inspector, inspection officer, authorised officer, industry safety and health representative or site safety and health representative.\nMaximum penalty—40 penalty units.\ns 269 amd 2007 No. 46 s 39","sortOrder":422},{"sectionNumber":"sec.270","sectionType":"section","heading":"Protection for officers","content":"### sec.270 Protection for officers\n\nA person must not disadvantage an officer for exercising the officer’s powers under this Act.\nMaximum penalty—500 penalty units.\nIn this section—\nofficer means—\nan inspector; or\nan inspection officer; or\nan authorised officer; or\nan industry safety and health representative; or\na site safety and health representative.\ns 270 amd 2007 No. 46 s 40\n(sec.270-ssec.1) A person must not disadvantage an officer for exercising the officer’s powers under this Act. Maximum penalty—500 penalty units.\n(sec.270-ssec.2) In this section— officer means— an inspector; or an inspection officer; or an authorised officer; or an industry safety and health representative; or a site safety and health representative.\n- (a) an inspector; or\n- (b) an inspection officer; or\n- (c) an authorised officer; or\n- (d) an industry safety and health representative; or\n- (e) a site safety and health representative.","sortOrder":423},{"sectionNumber":"pt.16-div.2","sectionType":"division","heading":"Sentencing for offences","content":"## Sentencing for offences","sortOrder":424},{"sectionNumber":"sec.270A","sectionType":"section","heading":"Application of division","content":"### sec.270A Application of division\n\nThis division applies if a court convicts a person or finds a person guilty (the offender ) of an offence against this Act.\ns 270A ins 2024 No. 34 s 93","sortOrder":425},{"sectionNumber":"sec.270B","sectionType":"section","heading":"Orders generally","content":"### sec.270B Orders generally\n\nOne or more orders may be made under this division against the offender.\nOrders may be made under this division in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence.\ns 270B ins 2024 No. 34 s 93\n(sec.270B-ssec.1) One or more orders may be made under this division against the offender.\n(sec.270B-ssec.2) Orders may be made under this division in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence.","sortOrder":426},{"sectionNumber":"sec.270C","sectionType":"section","heading":"Adverse publicity orders","content":"### sec.270C Adverse publicity orders\n\nThe court may make an order (an adverse publicity order ), in relation to the offender, requiring the offender—\nto take either or both of the following actions within the period stated in the order—\nto publicise, in the way stated in the order, the offence, its consequences, the penalty imposed and any other related matter;\nto notify a stated person or stated class of persons, in the way stated in the order, of the offence, its consequences, the penalty imposed and any other related matter; and\nto give the CEO, within 7 days after the end of the period stated in the order, evidence that the action or actions were taken by the offender in accordance with the order.\nThe court may make an adverse publicity order on its own initiative or on the application of the person prosecuting the offence.\nIf the offender fails to give evidence to the CEO as provided under subsection (1) (b) , the CEO, or a person authorised in writing by the CEO, may take the action or actions stated in the order.\nHowever, if—\nthe offender gives evidence to the CEO as provided under subsection (1) (b) ; and\ndespite that evidence, the CEO is not satisfied that the offender has taken the action or actions stated in the order in accordance with the order;\nthe CEO may apply to the court for an order authorising the CEO, or a person authorised in writing by the CEO, to take the action or actions.\nIf the CEO, or a person authorised in writing by the CEO, takes an action or actions under subsection (3) or under an order under subsection (4) , the CEO is entitled to recover from the offender, by action in a court of competent jurisdiction, an amount in relation to the reasonable expenses of taking the action or actions as a debt due to the CEO.\ns 270C ins 2024 No. 34 s 93\n(sec.270C-ssec.1) The court may make an order (an adverse publicity order ), in relation to the offender, requiring the offender— to take either or both of the following actions within the period stated in the order— to publicise, in the way stated in the order, the offence, its consequences, the penalty imposed and any other related matter; to notify a stated person or stated class of persons, in the way stated in the order, of the offence, its consequences, the penalty imposed and any other related matter; and to give the CEO, within 7 days after the end of the period stated in the order, evidence that the action or actions were taken by the offender in accordance with the order.\n(sec.270C-ssec.2) The court may make an adverse publicity order on its own initiative or on the application of the person prosecuting the offence.\n(sec.270C-ssec.3) If the offender fails to give evidence to the CEO as provided under subsection (1) (b) , the CEO, or a person authorised in writing by the CEO, may take the action or actions stated in the order.\n(sec.270C-ssec.4) However, if— the offender gives evidence to the CEO as provided under subsection (1) (b) ; and despite that evidence, the CEO is not satisfied that the offender has taken the action or actions stated in the order in accordance with the order; the CEO may apply to the court for an order authorising the CEO, or a person authorised in writing by the CEO, to take the action or actions.\n(sec.270C-ssec.5) If the CEO, or a person authorised in writing by the CEO, takes an action or actions under subsection (3) or under an order under subsection (4) , the CEO is entitled to recover from the offender, by action in a court of competent jurisdiction, an amount in relation to the reasonable expenses of taking the action or actions as a debt due to the CEO.\n- (a) to take either or both of the following actions within the period stated in the order— (i) to publicise, in the way stated in the order, the offence, its consequences, the penalty imposed and any other related matter; (ii) to notify a stated person or stated class of persons, in the way stated in the order, of the offence, its consequences, the penalty imposed and any other related matter; and\n- (i) to publicise, in the way stated in the order, the offence, its consequences, the penalty imposed and any other related matter;\n- (ii) to notify a stated person or stated class of persons, in the way stated in the order, of the offence, its consequences, the penalty imposed and any other related matter; and\n- (b) to give the CEO, within 7 days after the end of the period stated in the order, evidence that the action or actions were taken by the offender in accordance with the order.\n- (i) to publicise, in the way stated in the order, the offence, its consequences, the penalty imposed and any other related matter;\n- (ii) to notify a stated person or stated class of persons, in the way stated in the order, of the offence, its consequences, the penalty imposed and any other related matter; and\n- (a) the offender gives evidence to the CEO as provided under subsection (1) (b) ; and\n- (b) despite that evidence, the CEO is not satisfied that the offender has taken the action or actions stated in the order in accordance with the order;","sortOrder":427},{"sectionNumber":"sec.270D","sectionType":"section","heading":"Orders for restoration","content":"### sec.270D Orders for restoration\n\nThe court may make an order requiring the offender to take steps stated in the order, within the period stated in the order, to remedy a matter caused by the commission of the offence that appears to the court to be within the offender’s power to remedy.\nThe period within which an order under this section must be complied with may be extended, or further extended, by order of the court but only if an application for the extension is made before the end of the period.\ns 270D ins 2024 No. 34 s 93\n(sec.270D-ssec.1) The court may make an order requiring the offender to take steps stated in the order, within the period stated in the order, to remedy a matter caused by the commission of the offence that appears to the court to be within the offender’s power to remedy.\n(sec.270D-ssec.2) The period within which an order under this section must be complied with may be extended, or further extended, by order of the court but only if an application for the extension is made before the end of the period.","sortOrder":428},{"sectionNumber":"sec.270E","sectionType":"section","heading":"Safety and health project orders","content":"### sec.270E Safety and health project orders\n\nThe court may make an order requiring the offender to undertake a stated project for the general improvement of safety and health of persons at coal mines and persons who may be affected by coal mining operations within the period stated in the order.\nThe order may state conditions that must be complied with in undertaking the project.\ns 270E ins 2024 No. 34 s 93\n(sec.270E-ssec.1) The court may make an order requiring the offender to undertake a stated project for the general improvement of safety and health of persons at coal mines and persons who may be affected by coal mining operations within the period stated in the order.\n(sec.270E-ssec.2) The order may state conditions that must be complied with in undertaking the project.","sortOrder":429},{"sectionNumber":"sec.270F","sectionType":"section","heading":"Release on giving of court-ordered undertaking","content":"### sec.270F Release on giving of court-ordered undertaking\n\nThe court may (with or without recording a conviction) adjourn the proceeding for the offence for a period of not more than 2 years and make an order for the release of the offender on the offender giving an undertaking with stated conditions (a court-ordered undertaking ).\nA court-ordered undertaking must state the following conditions—\nthat the offender appear before the court if called to appear during the period of the adjournment and, if stated by the court, at the time to which the further hearing is adjourned;\nthat the offender does not commit, during the period of the adjournment, any offence against this Act;\nthat the offender observes any special conditions imposed by the court.\nIn addition to the order mentioned in subsection (1) , the court may make any other order the court considers appropriate in the circumstances, including orders directing the offender to pay to the State—\nthe costs of the proceeding; and\nthe reasonable costs of the CEO in monitoring compliance with the court-ordered undertaking in the future.\nAn offender who has given a court-ordered undertaking under this section may be called on to appear before the court by order of the court.\nAn order under subsection (4) must be served on the offender not less than 4 days before the time stated in the order for the appearance.\nIf the court is satisfied at the time to which a further hearing of a proceeding is adjourned that the offender has observed the conditions of the court-ordered undertaking, the court must discharge the offender without any further hearing of the proceeding.\ns 270F ins 2024 No. 34 s 93\n(sec.270F-ssec.1) The court may (with or without recording a conviction) adjourn the proceeding for the offence for a period of not more than 2 years and make an order for the release of the offender on the offender giving an undertaking with stated conditions (a court-ordered undertaking ).\n(sec.270F-ssec.2) A court-ordered undertaking must state the following conditions— that the offender appear before the court if called to appear during the period of the adjournment and, if stated by the court, at the time to which the further hearing is adjourned; that the offender does not commit, during the period of the adjournment, any offence against this Act; that the offender observes any special conditions imposed by the court.\n(sec.270F-ssec.3) In addition to the order mentioned in subsection (1) , the court may make any other order the court considers appropriate in the circumstances, including orders directing the offender to pay to the State— the costs of the proceeding; and the reasonable costs of the CEO in monitoring compliance with the court-ordered undertaking in the future.\n(sec.270F-ssec.4) An offender who has given a court-ordered undertaking under this section may be called on to appear before the court by order of the court.\n(sec.270F-ssec.5) An order under subsection (4) must be served on the offender not less than 4 days before the time stated in the order for the appearance.\n(sec.270F-ssec.6) If the court is satisfied at the time to which a further hearing of a proceeding is adjourned that the offender has observed the conditions of the court-ordered undertaking, the court must discharge the offender without any further hearing of the proceeding.\n- (a) that the offender appear before the court if called to appear during the period of the adjournment and, if stated by the court, at the time to which the further hearing is adjourned;\n- (b) that the offender does not commit, during the period of the adjournment, any offence against this Act;\n- (c) that the offender observes any special conditions imposed by the court.\n- (a) the costs of the proceeding; and\n- (b) the reasonable costs of the CEO in monitoring compliance with the court-ordered undertaking in the future.","sortOrder":430},{"sectionNumber":"sec.270G","sectionType":"section","heading":"Injunctions","content":"### sec.270G Injunctions\n\nThe court may issue an injunction requiring the offender to cease contravening this Act.\nSee also part 15A .\ns 270G ins 2024 No. 34 s 93","sortOrder":431},{"sectionNumber":"sec.270H","sectionType":"section","heading":"Training orders","content":"### sec.270H Training orders\n\nThe court may make an order requiring the offender to undertake, or arrange for 1 or more coal mine workers to undertake, a stated course of training.\ns 270H ins 2024 No. 34 s 93","sortOrder":432},{"sectionNumber":"sec.270I","sectionType":"section","heading":"Offence to fail to comply with order","content":"### sec.270I Offence to fail to comply with order\n\nA person must comply with an order under this division, unless the person has a reasonable excuse.\nMaximum penalty—500 penalty units.\nThis section does not apply to an order or injunction under section 270F or 270G .\ns 270I ins 2024 No. 34 s 93\n(sec.270I-ssec.1) A person must comply with an order under this division, unless the person has a reasonable excuse. Maximum penalty—500 penalty units.\n(sec.270I-ssec.2) This section does not apply to an order or injunction under section 270F or 270G .","sortOrder":433},{"sectionNumber":"pt.17","sectionType":"part","heading":"General","content":"# General","sortOrder":434},{"sectionNumber":"pt.17-div.1","sectionType":"division","heading":"General safety matters","content":"## General safety matters","sortOrder":435},{"sectionNumber":"sec.271","sectionType":"section","heading":"Contraband must not be taken into an underground mine","content":"### sec.271 Contraband must not be taken into an underground mine\n\nAn underground mine manager or a person authorised by the underground mine manager may search a person at a coal mine who is, or who may be going, underground to ensure that the person has not taken or does not take contraband underground.\nA search under subsection (1) must be conducted in accordance with the relevant standard operating procedure for the coal mine.\nHowever, a person must not be searched by a person of the opposite sex and must not be requested to undress for the search.\nA search may be conducted at any time, whether or not there is a suspicion that the person may have possession of contraband.\nA person may refuse to be searched.\nIf a person refuses to be searched—\nif the person is underground—the person must immediately return to the surface; or\nif the person is at the surface—the person must not go underground.\nMaximum penalty for subsection (6) —100 penalty units.\n(sec.271-ssec.1) An underground mine manager or a person authorised by the underground mine manager may search a person at a coal mine who is, or who may be going, underground to ensure that the person has not taken or does not take contraband underground.\n(sec.271-ssec.2) A search under subsection (1) must be conducted in accordance with the relevant standard operating procedure for the coal mine.\n(sec.271-ssec.3) However, a person must not be searched by a person of the opposite sex and must not be requested to undress for the search.\n(sec.271-ssec.4) A search may be conducted at any time, whether or not there is a suspicion that the person may have possession of contraband.\n(sec.271-ssec.5) A person may refuse to be searched.\n(sec.271-ssec.6) If a person refuses to be searched— if the person is underground—the person must immediately return to the surface; or if the person is at the surface—the person must not go underground. Maximum penalty for subsection (6) —100 penalty units.\n- (a) if the person is underground—the person must immediately return to the surface; or\n- (b) if the person is at the surface—the person must not go underground.","sortOrder":436},{"sectionNumber":"sec.272","sectionType":"section","heading":"Children under 16 not to be employed underground","content":"### sec.272 Children under 16 not to be employed underground\n\nThe site senior executive for a coal mine must ensure that a person under the age of 16 does not work as an underground coal mine worker at the mine.\nMaximum penalty—100 penalty units.","sortOrder":437},{"sectionNumber":"sec.272A","sectionType":"section","heading":"Children under 16 not to operate or maintain plant","content":"### sec.272A Children under 16 not to operate or maintain plant\n\nThe site senior executive for a coal mine must not allow a person under the age of 16 to operate or maintain plant at the coal mine.\nMaximum penalty—100 penalty units.\ns 272A ins 2011 No. 2 s 24","sortOrder":438},{"sectionNumber":"sec.273","sectionType":"section","heading":"Withdrawal of persons in case of danger","content":"### sec.273 Withdrawal of persons in case of danger\n\nIf a coal mine is dangerous, all persons exposed to the danger must withdraw to a place of safety.\nIf a coal mine worker is competent and able to eliminate the danger from a hazard, the worker must take the action necessary to eliminate the danger.\nMaximum penalty—100 penalty units.\nIf the coal mine worker is not competent or able to eliminate the danger, the worker must—\ntake measures to prevent immediate danger to other coal mine workers that the worker is able reasonably to take; and\nimmediately report the situation to the coal mine worker’s supervisor.\nMaximum penalty—100 penalty units.\nA competent person must be appointed to assess the danger from the hazard or hazards that have resulted in the withdrawal of persons to a place of safety.\nSubject to subsection (6) , a person must not be readmitted into the coal mine or part of the coal mine that is dangerous until the persons mentioned in subsection (6) have declared that risk is at an acceptable level.\nThe minimum number of competent persons necessary to reduce the risk to an acceptable level may be readmitted to the coal mine or part of the coal mine if appropriate precautions are taken so that the risk to those persons is within acceptable limits.\nFor this section, a coal mine is taken to be dangerous if—\nsealing operations are to commence; or\nthe coal mine or part of the coal mine has been sealed; or\nthe controls detailed in a principal hazard management plan have not been implemented or maintained.\nHowever, for this section, a coal mine is not considered dangerous if—\nsealing operations are being undertaken in an emergency and an inspector has been notified; or\nsealing operations are being undertaken following written acknowledgement from an inspector that sealing operations comply with recognised standards and good mining practice; or\nwritten consent has been received from an inspector for persons to be underground following a sealing.\nAs soon as practicable after being appointed, the person appointed under subsection (4) must enter in the mine record a report on the withdrawal of persons and remedial action taken to eliminate the danger.\nMaximum penalty—100 penalty units.\nThe site senior executive must notify the inspector of any action taken under this section immediately after the action is taken.\nMaximum penalty—200 penalty units.\n(sec.273-ssec.1) If a coal mine is dangerous, all persons exposed to the danger must withdraw to a place of safety.\n(sec.273-ssec.2) If a coal mine worker is competent and able to eliminate the danger from a hazard, the worker must take the action necessary to eliminate the danger. Maximum penalty—100 penalty units.\n(sec.273-ssec.3) If the coal mine worker is not competent or able to eliminate the danger, the worker must— take measures to prevent immediate danger to other coal mine workers that the worker is able reasonably to take; and immediately report the situation to the coal mine worker’s supervisor. Maximum penalty—100 penalty units.\n(sec.273-ssec.4) A competent person must be appointed to assess the danger from the hazard or hazards that have resulted in the withdrawal of persons to a place of safety.\n(sec.273-ssec.5) Subject to subsection (6) , a person must not be readmitted into the coal mine or part of the coal mine that is dangerous until the persons mentioned in subsection (6) have declared that risk is at an acceptable level.\n(sec.273-ssec.6) The minimum number of competent persons necessary to reduce the risk to an acceptable level may be readmitted to the coal mine or part of the coal mine if appropriate precautions are taken so that the risk to those persons is within acceptable limits.\n(sec.273-ssec.7) For this section, a coal mine is taken to be dangerous if— sealing operations are to commence; or the coal mine or part of the coal mine has been sealed; or the controls detailed in a principal hazard management plan have not been implemented or maintained.\n(sec.273-ssec.8) However, for this section, a coal mine is not considered dangerous if— sealing operations are being undertaken in an emergency and an inspector has been notified; or sealing operations are being undertaken following written acknowledgement from an inspector that sealing operations comply with recognised standards and good mining practice; or written consent has been received from an inspector for persons to be underground following a sealing.\n(sec.273-ssec.9) As soon as practicable after being appointed, the person appointed under subsection (4) must enter in the mine record a report on the withdrawal of persons and remedial action taken to eliminate the danger. Maximum penalty—100 penalty units.\n(sec.273-ssec.10) The site senior executive must notify the inspector of any action taken under this section immediately after the action is taken. Maximum penalty—200 penalty units.\n- (a) take measures to prevent immediate danger to other coal mine workers that the worker is able reasonably to take; and\n- (b) immediately report the situation to the coal mine worker’s supervisor.\n- (a) sealing operations are to commence; or\n- (b) the coal mine or part of the coal mine has been sealed; or\n- (c) the controls detailed in a principal hazard management plan have not been implemented or maintained.\n- (a) sealing operations are being undertaken in an emergency and an inspector has been notified; or\n- (b) sealing operations are being undertaken following written acknowledgement from an inspector that sealing operations comply with recognised standards and good mining practice; or\n- (c) written consent has been received from an inspector for persons to be underground following a sealing.","sortOrder":439},{"sectionNumber":"sec.274","sectionType":"section","heading":"Where coal mine worker exposed to immediate personal danger","content":"### sec.274 Where coal mine worker exposed to immediate personal danger\n\nSubject to section 273 (2) and (3) , if a coal mine worker (the original worker ) believes that there is immediate personal danger, the worker has the right—\nto remove themself to a position of safety; and\nto refuse to undertake a task allocated to the worker that may place the worker in immediate personal danger.\nThe coal mine operator for the coal mine or the coal mine operator’s representative must not disadvantage the coal mine worker for exercising the worker’s rights under subsection (1) .\nMaximum penalty—200 penalty units.\nSubsection (4) applies if the coal mine operator or the operator’s representative subsequently asks or directs another coal mine worker (the subsequent worker ) to place themself in the position from which the original worker has removed themself, or to undertake a task that the original worker has refused to undertake.\nThe operator or the operator’s representative must advise the subsequent worker that the original worker exercised rights under subsection (1) because the original worker believed that there was a serious danger to the original worker’s safety or health.\nMaximum penalty for subsection (4) —200 penalty units.\ns 274 amd 2024 No. 34 s 94\n(sec.274-ssec.1) Subject to section 273 (2) and (3) , if a coal mine worker (the original worker ) believes that there is immediate personal danger, the worker has the right— to remove themself to a position of safety; and to refuse to undertake a task allocated to the worker that may place the worker in immediate personal danger.\n(sec.274-ssec.2) The coal mine operator for the coal mine or the coal mine operator’s representative must not disadvantage the coal mine worker for exercising the worker’s rights under subsection (1) . Maximum penalty—200 penalty units.\n(sec.274-ssec.3) Subsection (4) applies if the coal mine operator or the operator’s representative subsequently asks or directs another coal mine worker (the subsequent worker ) to place themself in the position from which the original worker has removed themself, or to undertake a task that the original worker has refused to undertake.\n(sec.274-ssec.4) The operator or the operator’s representative must advise the subsequent worker that the original worker exercised rights under subsection (1) because the original worker believed that there was a serious danger to the original worker’s safety or health. Maximum penalty for subsection (4) —200 penalty units.\n- (a) to remove themself to a position of safety; and\n- (b) to refuse to undertake a task allocated to the worker that may place the worker in immediate personal danger.","sortOrder":440},{"sectionNumber":"sec.275","sectionType":"section","heading":"Representations about safety and health matters","content":"### sec.275 Representations about safety and health matters\n\nThis section applies to a person who is—\na coal mine worker; or\nanother person with obligations under this Act; or\nan employee of a person mentioned in paragraph (b) .\nThe person may make, either personally or by a representative, a representation to an inspector or inspection officer about—\nan alleged contravention of this Act; or\na thing or practice at the coal mine that is, or is likely to be, dangerous.\nThe inspector or inspection officer must investigate the matter.\nA public service employee must not disclose the name of the person making the representation—\nexcept for a prosecution under subsection (5) ; or\nunless the person consents to the disclosure.\nThe person must not make a false or frivolous representation.\nMaximum penalty for subsection (5) —40 penalty units.\ns 275 sub 2002 No. 25 s 15\n(sec.275-ssec.1) This section applies to a person who is— a coal mine worker; or another person with obligations under this Act; or an employee of a person mentioned in paragraph (b) .\n(sec.275-ssec.2) The person may make, either personally or by a representative, a representation to an inspector or inspection officer about— an alleged contravention of this Act; or a thing or practice at the coal mine that is, or is likely to be, dangerous.\n(sec.275-ssec.3) The inspector or inspection officer must investigate the matter.\n(sec.275-ssec.4) A public service employee must not disclose the name of the person making the representation— except for a prosecution under subsection (5) ; or unless the person consents to the disclosure.\n(sec.275-ssec.5) The person must not make a false or frivolous representation. Maximum penalty for subsection (5) —40 penalty units.\n- (a) a coal mine worker; or\n- (b) another person with obligations under this Act; or\n- (c) an employee of a person mentioned in paragraph (b) .\n- (a) an alleged contravention of this Act; or\n- (b) a thing or practice at the coal mine that is, or is likely to be, dangerous.\n- (a) except for a prosecution under subsection (5) ; or\n- (b) unless the person consents to the disclosure.","sortOrder":441},{"sectionNumber":"sec.275AA","sectionType":"section","heading":"Protection from reprisal","content":"### sec.275AA Protection from reprisal\n\nA person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, the other person—\nhas made a complaint, or in any other way has raised, a coal mine safety issue; or\nhas contacted or given help to an official in relation to a coal mine safety issue.\nMaximum penalty—1,000 penalty units.\nAn attempt to cause detriment includes an attempt to induce a person to cause detriment.\nA contravention of subsection (1) is a reprisal or the taking of a reprisal.\nA ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.\nFor the contravention to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.\nThis section does not limit or otherwise affect the operation of the Public Interest Disclosure Act 2010 , chapter 4 , part 1 in relation to reprisals.\nIn this section—\ncoal mine safety issue means an issue about the safety or health of a person or persons while at a coal mine or as a result of coal mining operations.\ndetriment includes—\npersonal injury or prejudice to safety; and\nproperty damage or loss; and\nintimidation or harassment; and\nadverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and\nfinancial loss; and\ndamage to reputation, including, for example, personal, professional or business reputation.\ns 275AA ins 2009 No. 16 s 11\namd 2010 No. 38 s 78 sch 3 ; 2020 No. 14 s 15A ; 2024 No. 34 s 95\n(sec.275AA-ssec.1) A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, the other person— has made a complaint, or in any other way has raised, a coal mine safety issue; or has contacted or given help to an official in relation to a coal mine safety issue. Maximum penalty—1,000 penalty units.\n(sec.275AA-ssec.2) An attempt to cause detriment includes an attempt to induce a person to cause detriment.\n(sec.275AA-ssec.3) A contravention of subsection (1) is a reprisal or the taking of a reprisal.\n(sec.275AA-ssec.4) A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.\n(sec.275AA-ssec.5) For the contravention to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.\n(sec.275AA-ssec.6) This section does not limit or otherwise affect the operation of the Public Interest Disclosure Act 2010 , chapter 4 , part 1 in relation to reprisals.\n(sec.275AA-ssec.7) In this section— coal mine safety issue means an issue about the safety or health of a person or persons while at a coal mine or as a result of coal mining operations. detriment includes— personal injury or prejudice to safety; and property damage or loss; and intimidation or harassment; and adverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and financial loss; and damage to reputation, including, for example, personal, professional or business reputation.\n- (a) has made a complaint, or in any other way has raised, a coal mine safety issue; or\n- (b) has contacted or given help to an official in relation to a coal mine safety issue.\n- (a) personal injury or prejudice to safety; and\n- (b) property damage or loss; and\n- (c) intimidation or harassment; and\n- (d) adverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and\n- (e) financial loss; and\n- (f) damage to reputation, including, for example, personal, professional or business reputation.","sortOrder":442},{"sectionNumber":"sec.275AB","sectionType":"section","heading":"Damages entitlement for reprisal","content":"### sec.275AB Damages entitlement for reprisal\n\nA reprisal is a tort and a person who takes a reprisal is liable in damages to anyone who suffers detriment as a result.\nAny appropriate remedy that may be granted by a court for a tort may be granted by a court for the taking of a reprisal.\nIf the claim for the damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury.\ns 275AB ins 2009 No. 16 s 11\n(sec.275AB-ssec.1) A reprisal is a tort and a person who takes a reprisal is liable in damages to anyone who suffers detriment as a result.\n(sec.275AB-ssec.2) Any appropriate remedy that may be granted by a court for a tort may be granted by a court for the taking of a reprisal.\n(sec.275AB-ssec.3) If the claim for the damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury.","sortOrder":443},{"sectionNumber":"pt.17-div.2","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":444},{"sectionNumber":"sec.275AC","sectionType":"section","heading":"Publication of information","content":"### sec.275AC Publication of information\n\nThe Minister, CEO or chief inspector may publish information about any of the following matters—\nthe commission of offences against this Act and the persons who commit the offences;\ninvestigations conducted under this Act about accidents or high potential incidents at a coal mine;\naction taken by inspectors, inspection officers, authorised officers or the CEO to enforce this Act;\nthe cancellation or suspension of a certificate of competency or site senior executive notice under section 195 (2) or part 10A ;\nany incident or other matter that may be relevant to persons seeking to comply with their safety and health obligations.\nAlso, the Minister, CEO or chief inspector may publish any of the following information about serious accidents or high potential incidents—\nthe total number of accidents or incidents that happened in a particular period;\na description of an accident or incident, including, for example, where and when an accident or incident happened;\nthe name of a coal mine at which an accident or incident happened;\nthe operator of a coal mine at which an accident or incident happened;\nthe injuries or deaths that occurred in an accident or incident;\nany other information about the accident or incident the Minister, CEO or chief inspector considers appropriate.\nThe Minister, CEO or chief inspector must not publish information under this section unless satisfied that it is in the public interest to do so.\nNo liability is incurred by the State or any other person for the publication of, or for anything done for the purpose of publishing, information under this section in good faith.\nSubsection (4) applies despite section 276 .\nIn this section—\nliability includes liability in defamation.\ns 275AC ins 2011 No. 2 s 25\namd 2018 No. 28 s 45 ; 2020 No. 10 s 87 ; 2024 No. 34 s 96\n(sec.275AC-ssec.1) The Minister, CEO or chief inspector may publish information about any of the following matters— the commission of offences against this Act and the persons who commit the offences; investigations conducted under this Act about accidents or high potential incidents at a coal mine; action taken by inspectors, inspection officers, authorised officers or the CEO to enforce this Act; the cancellation or suspension of a certificate of competency or site senior executive notice under section 195 (2) or part 10A ; any incident or other matter that may be relevant to persons seeking to comply with their safety and health obligations.\n(sec.275AC-ssec.2) Also, the Minister, CEO or chief inspector may publish any of the following information about serious accidents or high potential incidents— the total number of accidents or incidents that happened in a particular period; a description of an accident or incident, including, for example, where and when an accident or incident happened; the name of a coal mine at which an accident or incident happened; the operator of a coal mine at which an accident or incident happened; the injuries or deaths that occurred in an accident or incident; any other information about the accident or incident the Minister, CEO or chief inspector considers appropriate.\n(sec.275AC-ssec.3) The Minister, CEO or chief inspector must not publish information under this section unless satisfied that it is in the public interest to do so.\n(sec.275AC-ssec.4) No liability is incurred by the State or any other person for the publication of, or for anything done for the purpose of publishing, information under this section in good faith.\n(sec.275AC-ssec.5) Subsection (4) applies despite section 276 .\n(sec.275AC-ssec.6) In this section— liability includes liability in defamation.\n- (a) the commission of offences against this Act and the persons who commit the offences;\n- (b) investigations conducted under this Act about accidents or high potential incidents at a coal mine;\n- (c) action taken by inspectors, inspection officers, authorised officers or the CEO to enforce this Act;\n- (d) the cancellation or suspension of a certificate of competency or site senior executive notice under section 195 (2) or part 10A ;\n- (e) any incident or other matter that may be relevant to persons seeking to comply with their safety and health obligations.\n- (a) the total number of accidents or incidents that happened in a particular period;\n- (b) a description of an accident or incident, including, for example, where and when an accident or incident happened;\n- (c) the name of a coal mine at which an accident or incident happened;\n- (d) the operator of a coal mine at which an accident or incident happened;\n- (e) the injuries or deaths that occurred in an accident or incident;\n- (f) any other information about the accident or incident the Minister, CEO or chief inspector considers appropriate.","sortOrder":445},{"sectionNumber":"sec.275A","sectionType":"section","heading":"Disclosure of information","content":"### sec.275A Disclosure of information\n\nA person must not disclose information concerning the personal affairs of a person or commercially sensitive information obtained by the person in the administration of this Act, unless the disclosure is made—\nwith the consent of the person from whom the information was obtained; or\nin the administration of this Act; or\nin a proceeding under this Act or a report of the proceeding; or\nin a proceeding before a court in which the information is relevant to the issue before the court; or\nin information published under section 275AC .\nMaximum penalty—100 penalty units.\nHowever, the chief inspector may communicate anything that comes to the chief inspector’s knowledge under this Act to an officer or authority responsible for administering a law of Queensland, the Commonwealth or another State about safety and health.\nDespite subsection (1) , the chief inspector or CEO may disclose to the Regulator or WorkCover, under the Workers’ Compensation and Rehabilitation Act 2003 , any information the chief inspector or CEO has that relates to any matter under that Act.\nThis section does not limit the Right to Information Act 2009 .\ns 275A ins 2000 No. 18 s 13\namd 2009 No. 13 s 213 sch 5 ; 2011 No. 2 s 26 ; 2018 No. 28 s 46 ; 2020 No. 10 s 139 sch 2 ; 2024 No. 34 s 97 ; 2023 No. 32 s 141 s ch 1 pt 2\n(sec.275A-ssec.1) A person must not disclose information concerning the personal affairs of a person or commercially sensitive information obtained by the person in the administration of this Act, unless the disclosure is made— with the consent of the person from whom the information was obtained; or in the administration of this Act; or in a proceeding under this Act or a report of the proceeding; or in a proceeding before a court in which the information is relevant to the issue before the court; or in information published under section 275AC . Maximum penalty—100 penalty units.\n(sec.275A-ssec.2) However, the chief inspector may communicate anything that comes to the chief inspector’s knowledge under this Act to an officer or authority responsible for administering a law of Queensland, the Commonwealth or another State about safety and health.\n(sec.275A-ssec.3) Despite subsection (1) , the chief inspector or CEO may disclose to the Regulator or WorkCover, under the Workers’ Compensation and Rehabilitation Act 2003 , any information the chief inspector or CEO has that relates to any matter under that Act.\n(sec.275A-ssec.4) This section does not limit the Right to Information Act 2009 .\n- (a) with the consent of the person from whom the information was obtained; or\n- (b) in the administration of this Act; or\n- (c) in a proceeding under this Act or a report of the proceeding; or\n- (d) in a proceeding before a court in which the information is relevant to the issue before the court; or\n- (e) in information published under section 275AC .","sortOrder":446},{"sectionNumber":"sec.276","sectionType":"section","heading":"Protection from liability","content":"### sec.276 Protection from liability\n\nAn official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\ngiving information or advice\nIf subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\ns 276 amd 2005 No. 68 s 9 ; 2007 No. 46 s 41 ; 2009 No. 16 s 12\n(sec.276-ssec.1) An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. giving information or advice\n(sec.276-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.","sortOrder":447},{"sectionNumber":"pt.18","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":448},{"sectionNumber":"sec.277","sectionType":"section","heading":"Delegation by Minister or CEO","content":"### sec.277 Delegation by Minister or CEO\n\nThe Minister or CEO (the person ) may delegate the person’s functions and powers under this Act to an appropriately qualified person.\nHowever, the Minister may delegate a power under a provision required under section 227 (3) (c) to any appropriately qualified person for mines rescue services.\ns 277 amd 2020 No. 10 s 88\n(sec.277-ssec.1) The Minister or CEO (the person ) may delegate the person’s functions and powers under this Act to an appropriately qualified person.\n(sec.277-ssec.2) However, the Minister may delegate a power under a provision required under section 227 (3) (c) to any appropriately qualified person for mines rescue services.","sortOrder":449},{"sectionNumber":"sec.278","sectionType":"section","heading":"Delegation of chief inspector’s powers","content":"### sec.278 Delegation of chief inspector’s powers\n\nThe chief inspector may delegate any of the chief inspector’s powers to an inspector.\nHowever, the chief inspector may delegate a power to an inspector only if the chief inspector is satisfied the inspector has the expertise and experience to properly exercise the power.\nAlso, the chief inspector must not delegate to an inspector the power to review an inspector’s directive under part 9 , division 3 .\n(sec.278-ssec.1) The chief inspector may delegate any of the chief inspector’s powers to an inspector.\n(sec.278-ssec.2) However, the chief inspector may delegate a power to an inspector only if the chief inspector is satisfied the inspector has the expertise and experience to properly exercise the power.\n(sec.278-ssec.3) Also, the chief inspector must not delegate to an inspector the power to review an inspector’s directive under part 9 , division 3 .","sortOrder":450},{"sectionNumber":"sec.279","sectionType":"section","heading":"Notices about coal industry statistics or information","content":"### sec.279 Notices about coal industry statistics or information\n\nThe CEO may, by notice, require a person to keep and give the CEO statistics or other information in the person’s custody, possession or power about the coal mining industry.\nthe keeping and giving of records of production, disposal, sales and employment numbers\nthe compilation and giving of statistics, returns and other information, including about attendance and absenteeism for work at coal mines\nthat the records, statistics, returns or other information must be kept in an approved form\nThe CEO may, by notice, amend a notice.\nThe person must comply with the notice, unless the person has a reasonable excuse for not complying.\nMaximum penalty—40 penalty units.\nThe CEO may—\nuse the information to produce statistics and other data; and\npublish the statistics and other data produced under paragraph (a) .\ns 279 amd 2008 No. 56 s 4 ; 2020 No. 10 s 139 sch 2\n(sec.279-ssec.1) The CEO may, by notice, require a person to keep and give the CEO statistics or other information in the person’s custody, possession or power about the coal mining industry. the keeping and giving of records of production, disposal, sales and employment numbers the compilation and giving of statistics, returns and other information, including about attendance and absenteeism for work at coal mines that the records, statistics, returns or other information must be kept in an approved form\n(sec.279-ssec.2) The CEO may, by notice, amend a notice.\n(sec.279-ssec.3) The person must comply with the notice, unless the person has a reasonable excuse for not complying. Maximum penalty—40 penalty units.\n(sec.279-ssec.4) The CEO may— use the information to produce statistics and other data; and publish the statistics and other data produced under paragraph (a) .\n- 1 the keeping and giving of records of production, disposal, sales and employment numbers\n- 2 the compilation and giving of statistics, returns and other information, including about attendance and absenteeism for work at coal mines\n- 3 that the records, statistics, returns or other information must be kept in an approved form\n- (a) use the information to produce statistics and other data; and\n- (b) publish the statistics and other data produced under paragraph (a) .","sortOrder":451},{"sectionNumber":"sec.280","sectionType":"section","heading":"CEO to keep records","content":"### sec.280 CEO to keep records\n\nThe CEO must keep and maintain records that include—\na database of information about serious accidents and high potential incidents; and\nplans showing the extent of operations undertaken at abandoned mines; and\ncurrent recognised standards.\nThe CEO may give a person access to the records.\ns 280 amd 2011 No. 2 s 27 ; 2020 No. 10 s 139 sch 2 ; 2024 No. 34 s 98\n(sec.280-ssec.1) The CEO must keep and maintain records that include— a database of information about serious accidents and high potential incidents; and plans showing the extent of operations undertaken at abandoned mines; and current recognised standards.\n(sec.280-ssec.2) The CEO may give a person access to the records.\n- (a) a database of information about serious accidents and high potential incidents; and\n- (b) plans showing the extent of operations undertaken at abandoned mines; and\n- (c) current recognised standards.","sortOrder":452},{"sectionNumber":"sec.281","sectionType":"section","heading":"Approved forms","content":"### sec.281 Approved forms\n\nThe chief inspector and the CEO may approve forms for use under this Act.\ns 281 amd 2024 No. 34 s 99","sortOrder":453},{"sectionNumber":"pt.19","sectionType":"part","heading":"Regulations","content":"# Regulations","sortOrder":454},{"sectionNumber":"sec.282","sectionType":"section","heading":"Regulation-making power","content":"### sec.282 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may be made about any matter mentioned in schedule 2 .\nWithout limiting subsection (1) or schedule 2 , part 1 , item 6, a regulation may be made about assessing, charging and recovering fees payable to cover the cost of activities, carried out under this Act or another Act, relating to safety and health for coal mining operations.\nWithout limiting subsection (3) , a regulation may provide for any of the following—\nthe types of activities for which fees may be charged and recovered;\nthe fees to be charged;\nthe way the fees are calculated including, for the first time the fees are charged, prescribing the way based on criteria in place before the commencement of the regulation;\nwho must pay the fees;\nhow, when, where, and to whom, the fees must be paid;\nthe calculation of interest payable on unpaid fees;\nthe information that must be provided by the persons who must pay the fees;\nhow, when, where, and to whom, the information is to be provided;\ninvestigations by authorised officers to obtain and check the information.\ns 282 amd 2008 No. 43 s 4 ; 2014 No. 40 s 154 sch 1 pt 4 ; 2020 No. 10 s 89\n(sec.282-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.282-ssec.2) Without limiting subsection (1) , a regulation may be made about any matter mentioned in schedule 2 .\n(sec.282-ssec.3) Without limiting subsection (1) or schedule 2 , part 1 , item 6, a regulation may be made about assessing, charging and recovering fees payable to cover the cost of activities, carried out under this Act or another Act, relating to safety and health for coal mining operations.\n(sec.282-ssec.4) Without limiting subsection (3) , a regulation may provide for any of the following— the types of activities for which fees may be charged and recovered; the fees to be charged; the way the fees are calculated including, for the first time the fees are charged, prescribing the way based on criteria in place before the commencement of the regulation; who must pay the fees; how, when, where, and to whom, the fees must be paid; the calculation of interest payable on unpaid fees; the information that must be provided by the persons who must pay the fees; how, when, where, and to whom, the information is to be provided; investigations by authorised officers to obtain and check the information.\n- (a) the types of activities for which fees may be charged and recovered;\n- (b) the fees to be charged;\n- (c) the way the fees are calculated including, for the first time the fees are charged, prescribing the way based on criteria in place before the commencement of the regulation;\n- (d) who must pay the fees;\n- (e) how, when, where, and to whom, the fees must be paid;\n- (f) the calculation of interest payable on unpaid fees;\n- (g) the information that must be provided by the persons who must pay the fees;\n- (h) how, when, where, and to whom, the information is to be provided;\n- (i) investigations by authorised officers to obtain and check the information.","sortOrder":455},{"sectionNumber":"pt.20","sectionType":"part","heading":"Repeal, transitional and validation provisions","content":"# Repeal, transitional and validation provisions","sortOrder":456},{"sectionNumber":"pt.20-div.1","sectionType":"division","heading":"Transitional and repeal provisions for Act No. 39 of 1999","content":"## Transitional and repeal provisions for Act No. 39 of 1999","sortOrder":457},{"sectionNumber":"sec.283","sectionType":"section","heading":"Definitions for div 1","content":"### sec.283 Definitions for div 1\n\nIn this division—\ncommencement means the commencement of this section.\nformer Act means the Coal Mining Act 1925 .\nformer entity means The Queensland Coal Board established under the former Act.\ns 283 amd 2010 No. 17 s 30","sortOrder":458},{"sectionNumber":"sec.284","sectionType":"section","heading":"Existing notices","content":"### sec.284 Existing notices\n\nA notice mentioned in subsection (3) and in force under the former Act immediately before the commencement remains in force as a notice for this Act.\nThe notice—\nmay be amended or repealed by a regulation under this Act; and\nis to be read with the changes necessary to make it consistent with this Act and adapt its operation to the provisions of this Act.\nThe notices are—\nnotice of a second working extraction under part 60 of the Coal Mining (Underground Coal Mines) General Rule 1983; and\nnotice of sealing under part 3.1C of the Coal Mining (Underground Coal Mines) General Rule 1983.\n(sec.284-ssec.1) A notice mentioned in subsection (3) and in force under the former Act immediately before the commencement remains in force as a notice for this Act.\n(sec.284-ssec.2) The notice— may be amended or repealed by a regulation under this Act; and is to be read with the changes necessary to make it consistent with this Act and adapt its operation to the provisions of this Act.\n(sec.284-ssec.3) The notices are— notice of a second working extraction under part 60 of the Coal Mining (Underground Coal Mines) General Rule 1983; and notice of sealing under part 3.1C of the Coal Mining (Underground Coal Mines) General Rule 1983.\n- (a) may be amended or repealed by a regulation under this Act; and\n- (b) is to be read with the changes necessary to make it consistent with this Act and adapt its operation to the provisions of this Act.\n- (a) notice of a second working extraction under part 60 of the Coal Mining (Underground Coal Mines) General Rule 1983; and\n- (b) notice of sealing under part 3.1C of the Coal Mining (Underground Coal Mines) General Rule 1983.","sortOrder":459},{"sectionNumber":"sec.285","sectionType":"section","heading":"Existing certificates of competency","content":"### sec.285 Existing certificates of competency\n\nIf a certificate of competency issued by the board of examiners under the former Act and in force at the commencement is mentioned in this Act, it is taken to be a certificate of competency granted under this Act.","sortOrder":460},{"sectionNumber":"sec.286","sectionType":"section","heading":"Approvals by inspector","content":"### sec.286 Approvals by inspector\n\nIf an approval of the chief inspector or an inspector for a stated use for stated plant is in force under the former Act immediately before the commencement, and a certificate by a nationally accredited testing station is required under this Act for the stated use for the plant, the approval of the chief inspector or inspector is taken to be a certificate given under this Act.","sortOrder":461},{"sectionNumber":"sec.287","sectionType":"section","heading":"Board of examiners","content":"### sec.287 Board of examiners\n\nThe board of examiners established under the Mines Regulation Act 1964 is taken to be the board of examiners under this Act for 6 months after the commencement.\nA person who immediately before the commencement was a member of the board of examiners continues to be a member for 6 months after the commencement.\nTo remove doubt, for this Act, the board of examiners has only the functions and powers set out in this Act.\n(sec.287-ssec.1) The board of examiners established under the Mines Regulation Act 1964 is taken to be the board of examiners under this Act for 6 months after the commencement.\n(sec.287-ssec.2) A person who immediately before the commencement was a member of the board of examiners continues to be a member for 6 months after the commencement.\n(sec.287-ssec.3) To remove doubt, for this Act, the board of examiners has only the functions and powers set out in this Act.","sortOrder":462},{"sectionNumber":"sec.288","sectionType":"section","heading":"Mines rescue performance criteria","content":"### sec.288 Mines rescue performance criteria\n\nMines rescue performance criteria fixed and notified by the Minister under section 103O of the former Act and in force immediately before the commencement are taken to be mines rescue performance criteria fixed and notified by the Minister under section 233 of this Act.","sortOrder":463},{"sectionNumber":"sec.288A","sectionType":"section","heading":"Existing accreditation","content":"### sec.288A Existing accreditation\n\nThis section applies to an accreditation, to provide mines rescue services, in force under the former Act immediately before its repeal.\nThe accreditation is taken to have continued as if the former Act had not been repealed, until the accreditation is replaced with accreditation under section 227 of this Act.\ns 288A ins 2001 No. 33 s 7\n(sec.288A-ssec.1) This section applies to an accreditation, to provide mines rescue services, in force under the former Act immediately before its repeal.\n(sec.288A-ssec.2) The accreditation is taken to have continued as if the former Act had not been repealed, until the accreditation is replaced with accreditation under section 227 of this Act.","sortOrder":464},{"sectionNumber":"sec.289","sectionType":"section","heading":"Existing chief inspector to be chief inspector","content":"### sec.289 Existing chief inspector to be chief inspector\n\nA person who, immediately before the commencement, was the chief inspector of coal mines under the former Act, is taken to be appointed as the chief inspector under this Act.","sortOrder":465},{"sectionNumber":"sec.290","sectionType":"section","heading":"Existing inspector to be inspector","content":"### sec.290 Existing inspector to be inspector\n\nA person who, immediately before the commencement, was an inspector under the former Act is taken to be appointed as an inspector under this Act.","sortOrder":466},{"sectionNumber":"sec.291","sectionType":"section","heading":"Existing inspection officer to be inspection officer","content":"### sec.291 Existing inspection officer to be inspection officer\n\nA person who, immediately before the commencement, was an inspection officer under the former Act is taken to be appointed as an inspection officer under this Act.","sortOrder":467},{"sectionNumber":"sec.292","sectionType":"section","heading":"Existing district union inspectors","content":"### sec.292 Existing district union inspectors\n\nA person who, immediately before the commencement, was a district union inspector under the former Act is taken to be appointed as an industry safety and health representative under this Act until the day the person’s appointment under the former Act would have ended.","sortOrder":468},{"sectionNumber":"sec.293","sectionType":"section","heading":"Existing miners’ officer to be site safety and health representative","content":"### sec.293 Existing miners’ officer to be site safety and health representative\n\nA person who, immediately before the commencement, was a miners’ officer under the former Act is taken to be a site safety and health representative under this Act and may, subject to this Act, continue to be a site safety and health representative for 6 months after the commencement.","sortOrder":469},{"sectionNumber":"sec.294","sectionType":"section","heading":"Mine record book taken to be mine record","content":"### sec.294 Mine record book taken to be mine record\n\nThe record book for a mine under the former Act is taken to be the mine record for the mine under this Act.","sortOrder":470},{"sectionNumber":"sec.295","sectionType":"section","heading":"Notices about coal industry statistics or information","content":"### sec.295 Notices about coal industry statistics or information\n\nA notice under section 110 of the former Act and in force immediately before the commencement is taken to be a notice by the chief executive under section 279.","sortOrder":471},{"sectionNumber":"sec.296","sectionType":"section","heading":"Coal Industry Employees’ Health Scheme","content":"### sec.296 Coal Industry Employees’ Health Scheme\n\nThe Coal Industry Employees’ Health Scheme Order 1993 under the former Act, as in force immediately before the commencement, continues in force as a regulation under this Act and may be cited as a Coal Mining (Industry Employees’ Health Scheme) Regulation 1993.\nA reference in the regulation to the former entity is taken to be a reference to the chief executive.\n(sec.296-ssec.1) The Coal Industry Employees’ Health Scheme Order 1993 under the former Act, as in force immediately before the commencement, continues in force as a regulation under this Act and may be cited as a Coal Mining (Industry Employees’ Health Scheme) Regulation 1993.\n(sec.296-ssec.2) A reference in the regulation to the former entity is taken to be a reference to the chief executive.","sortOrder":472},{"sectionNumber":"sec.297","sectionType":"section","heading":"Warden may finish inquiry into accident","content":"### sec.297 Warden may finish inquiry into accident\n\nIf a warden has started an inquiry into an accident under the former Act and the inquiry has not been finished at the commencement, the warden may finish the inquiry under the former Act as if it had not been repealed.\nIn this section—\nwarden means a warden under the Mineral Resources Act 1989 .\n(sec.297-ssec.1) If a warden has started an inquiry into an accident under the former Act and the inquiry has not been finished at the commencement, the warden may finish the inquiry under the former Act as if it had not been repealed.\n(sec.297-ssec.2) In this section— warden means a warden under the Mineral Resources Act 1989 .","sortOrder":473},{"sectionNumber":"sec.298","sectionType":"section","heading":"Repeals","content":"### sec.298 Repeals\n\nThe following Acts are repealed—\nCoal Mining Act 1925 ;\nCoal Mining Act Amendment Act 1928 .\n- (a) Coal Mining Act 1925 ;\n- (b) Coal Mining Act Amendment Act 1928 .","sortOrder":474},{"sectionNumber":"pt.20-div.2","sectionType":"division","heading":"Transitional provisions for Mines and Energy Legislation Amendment Act 2010","content":"## Transitional provisions for Mines and Energy Legislation Amendment Act 2010","sortOrder":475},{"sectionNumber":"sec.299","sectionType":"section","heading":"Definitions for div 2","content":"### sec.299 Definitions for div 2\n\nIn this division—\ncommencement means the day this section commences.\ncoal mining safety and health advisory committee means the coal mining safety and health advisory committee under section 75.\ncoal mining safety and health advisory council means the coal mining safety and health advisory council established under section 75 as in force before the commencement.\ns 299 ins 2010 No. 17 s 33","sortOrder":476},{"sectionNumber":"sec.300","sectionType":"section","heading":"References to coal mining safety and health advisory council","content":"### sec.300 References to coal mining safety and health advisory council\n\nA reference in an Act or document to the coal mining safety and health advisory council is, if the context permits, taken to be a reference to the coal mining safety and health advisory committee.\ns 300 ins 2010 No. 17 s 33","sortOrder":477},{"sectionNumber":"sec.301","sectionType":"section","heading":"Continuation of coal mining safety and health advisory council and appointment of members","content":"### sec.301 Continuation of coal mining safety and health advisory council and appointment of members\n\nOn the commencement, the coal mining safety and health advisory council continues as the coal mining safety and health advisory committee.\nSubsection (3) applies to a person who, immediately before the commencement, is a member of the coal mining safety and health advisory council.\nOn the commencement, the person is taken to be a member of the coal mining safety and health advisory committee.\ns 301 ins 2010 No. 17 s 33\n(sec.301-ssec.1) On the commencement, the coal mining safety and health advisory council continues as the coal mining safety and health advisory committee.\n(sec.301-ssec.2) Subsection (3) applies to a person who, immediately before the commencement, is a member of the coal mining safety and health advisory council.\n(sec.301-ssec.3) On the commencement, the person is taken to be a member of the coal mining safety and health advisory committee.","sortOrder":478},{"sectionNumber":"pt.20-div.3","sectionType":"division","heading":"Transitional provision for Mines and Energy Legislation Amendment Act 2011","content":"## Transitional provision for Mines and Energy Legislation Amendment Act 2011","sortOrder":479},{"sectionNumber":"sec.302","sectionType":"section","heading":"Application of appeal costs provision to undecided appeals","content":"### sec.302 Application of appeal costs provision to undecided appeals\n\nThe appeal costs provision applies to any appeal under part 14 started, but not decided, before the commencement of this section.\nIn this section—\nappeal costs provision means section 248(3) as amended under the Mines and Energy Legislation Amendment Act 2011 .\ns 302 ins 2011 No. 2 s 28\n(sec.302-ssec.1) The appeal costs provision applies to any appeal under part 14 started, but not decided, before the commencement of this section.\n(sec.302-ssec.2) In this section— appeal costs provision means section 248(3) as amended under the Mines and Energy Legislation Amendment Act 2011 .","sortOrder":480},{"sectionNumber":"pt.20-div.4","sectionType":"division","heading":"Transitional and validation provisions for Water Reform and Other Legislation Amendment Act 2014","content":"## Transitional and validation provisions for Water Reform and Other Legislation Amendment Act 2014","sortOrder":481},{"sectionNumber":"sec.303","sectionType":"section","heading":"Application of joint interaction management plan provisions","content":"### sec.303 Application of joint interaction management plan provisions\n\nThe joint interaction management plan provisions do not apply to a coal mining lease mentioned in the Mineral Resources Regulation 2013 , section 23 (1) .\nThe holder of the coal mining lease would continue to be subject to the Mineral Resources Regulation 2013 , chapter 2 , part 4 , division 4 as in force from time to time.\nThe joint interaction management plan provisions do not apply in relation to the following for a period of 6 months starting on the commencement—\ncoal mining operations carried out in an overlapping area the subject of an exploration permit (coal), within the meaning of the Common Provisions Act , if an activity under an authority to prospect (csg) or petroleum lease (csg) within the meaning of that Act is also carried out in the overlapping area;\ncoal mining operations carried out in an overlapping area the subject of a mineral development licence (coal), within the meaning of the Common Provisions Act , if an activity for an authority to prospect (csg) or petroleum lease (csg) within the meaning of that Act is also carried out in the overlapping area.\nIn this section—\njoint interaction management plan provisions means part 4, division 3A.\ns 303 ins 2014 No. 64 s 210\n(sec.303-ssec.1) The joint interaction management plan provisions do not apply to a coal mining lease mentioned in the Mineral Resources Regulation 2013 , section 23 (1) . The holder of the coal mining lease would continue to be subject to the Mineral Resources Regulation 2013 , chapter 2 , part 4 , division 4 as in force from time to time.\n(sec.303-ssec.2) The joint interaction management plan provisions do not apply in relation to the following for a period of 6 months starting on the commencement— coal mining operations carried out in an overlapping area the subject of an exploration permit (coal), within the meaning of the Common Provisions Act , if an activity under an authority to prospect (csg) or petroleum lease (csg) within the meaning of that Act is also carried out in the overlapping area; coal mining operations carried out in an overlapping area the subject of a mineral development licence (coal), within the meaning of the Common Provisions Act , if an activity for an authority to prospect (csg) or petroleum lease (csg) within the meaning of that Act is also carried out in the overlapping area.\n(sec.303-ssec.3) In this section— joint interaction management plan provisions means part 4, division 3A.\n- (a) coal mining operations carried out in an overlapping area the subject of an exploration permit (coal), within the meaning of the Common Provisions Act , if an activity under an authority to prospect (csg) or petroleum lease (csg) within the meaning of that Act is also carried out in the overlapping area;\n- (b) coal mining operations carried out in an overlapping area the subject of a mineral development licence (coal), within the meaning of the Common Provisions Act , if an activity for an authority to prospect (csg) or petroleum lease (csg) within the meaning of that Act is also carried out in the overlapping area.","sortOrder":482},{"sectionNumber":"sec.303A","sectionType":"section","heading":"Requirement for joint interaction management plan by particular date","content":"### sec.303A Requirement for joint interaction management plan by particular date\n\nThis section applies if, on 27 September 2017 and despite the Mineral and Energy Resources (Common Provisions) Transitional Regulation 2016 , section 11 —\na joint interaction management plan has not been made under section 64E in relation to the coal mining operations—\nmentioned in section 303(2); or\ncarried out in an overlapping area the subject of a mining lease (coal) if an activity for an authority to prospect (csg) is also carried out in the overlapping area; and\nthe reason a joint interaction management plan has not been made under section 64E is that arbitration of a dispute about the plan has been applied for under section 64E(3) or (4).\nThe overlapping safety plan applying in relation to the coal mining operations is taken to be a joint interaction management plan for section 64E(1)(a).\nSubsection (2) applies until a joint interaction management plan is made under section 64E for the coal mining operations.\nIn this section—\noverlapping safety plan , applying in relation to coal mining operations, means the part of the safety and health management system under this Act applying in relation to the coal mining operations that deals with hazards and risks relating to carrying out activities in an overlapping area.\ns 303A ins 2017 No. 34 s 71\n(sec.303A-ssec.1) This section applies if, on 27 September 2017 and despite the Mineral and Energy Resources (Common Provisions) Transitional Regulation 2016 , section 11 — a joint interaction management plan has not been made under section 64E in relation to the coal mining operations— mentioned in section 303(2); or carried out in an overlapping area the subject of a mining lease (coal) if an activity for an authority to prospect (csg) is also carried out in the overlapping area; and the reason a joint interaction management plan has not been made under section 64E is that arbitration of a dispute about the plan has been applied for under section 64E(3) or (4).\n(sec.303A-ssec.2) The overlapping safety plan applying in relation to the coal mining operations is taken to be a joint interaction management plan for section 64E(1)(a).\n(sec.303A-ssec.3) Subsection (2) applies until a joint interaction management plan is made under section 64E for the coal mining operations.\n(sec.303A-ssec.4) In this section— overlapping safety plan , applying in relation to coal mining operations, means the part of the safety and health management system under this Act applying in relation to the coal mining operations that deals with hazards and risks relating to carrying out activities in an overlapping area.\n- (a) a joint interaction management plan has not been made under section 64E in relation to the coal mining operations— (i) mentioned in section 303(2); or (ii) carried out in an overlapping area the subject of a mining lease (coal) if an activity for an authority to prospect (csg) is also carried out in the overlapping area; and\n- (i) mentioned in section 303(2); or\n- (ii) carried out in an overlapping area the subject of a mining lease (coal) if an activity for an authority to prospect (csg) is also carried out in the overlapping area; and\n- (b) the reason a joint interaction management plan has not been made under section 64E is that arbitration of a dispute about the plan has been applied for under section 64E(3) or (4).\n- (i) mentioned in section 303(2); or\n- (ii) carried out in an overlapping area the subject of a mining lease (coal) if an activity for an authority to prospect (csg) is also carried out in the overlapping area; and","sortOrder":483},{"sectionNumber":"sec.304","sectionType":"section","heading":"Return of seized things","content":"### sec.304 Return of seized things\n\nNew section 149 applies in relation to a thing seized under part 9 before the commencement that, on the commencement, is still seized.\nIf, at any time before the commencement, a thing seized under part 9 was not returned to its owner within the time required under old section 149—\nthe retention of the thing is taken to have been as lawful as it would have been apart from the non-compliance with old section 149; and\nthe State is not liable to pay compensation, and does not incur any other liability, for the retention of the thing in contravention of old section 149.\nSubsection (2) applies for all purposes including a legal proceeding started before the commencement.\nIn this section—\nnew section 149 means section 149 as in force from the commencement.\nold section 149 means section 149 as in force from time to time before the commencement.\ns 304 ins 2014 No. 64 s 210\n(sec.304-ssec.1) New section 149 applies in relation to a thing seized under part 9 before the commencement that, on the commencement, is still seized.\n(sec.304-ssec.2) If, at any time before the commencement, a thing seized under part 9 was not returned to its owner within the time required under old section 149— the retention of the thing is taken to have been as lawful as it would have been apart from the non-compliance with old section 149; and the State is not liable to pay compensation, and does not incur any other liability, for the retention of the thing in contravention of old section 149.\n(sec.304-ssec.3) Subsection (2) applies for all purposes including a legal proceeding started before the commencement.\n(sec.304-ssec.4) In this section— new section 149 means section 149 as in force from the commencement. old section 149 means section 149 as in force from time to time before the commencement.\n- (a) the retention of the thing is taken to have been as lawful as it would have been apart from the non-compliance with old section 149; and\n- (b) the State is not liable to pay compensation, and does not incur any other liability, for the retention of the thing in contravention of old section 149.","sortOrder":484},{"sectionNumber":"pt.20-div.5","sectionType":"division","heading":"Validation provision for Land and Other Legislation Amendment Act 2017","content":"## Validation provision for Land and Other Legislation Amendment Act 2017","sortOrder":485},{"sectionNumber":"sec.305","sectionType":"section","heading":"Validation of particular appointments","content":"### sec.305 Validation of particular appointments\n\nThis section applies if, before the commencement, an officer or employee of the public service was purportedly appointed to any of the following offices (each a relevant office )—\nan inspector or inspection officer under section 125(1);\nfor an inspector—the chief inspector of coal mines under section 125(2);\nan authorised officer under section 129A.\nThe person is declared to always have been validly appointed to the relevant office.\nAnything done or omitted to be done by the person that would have been valid and lawful under this Act had the person been validly appointed to the relevant office is taken to be, and always to have been, valid and lawful.\nWithout limiting subsection (3), it is declared that evidence obtained by the person in the purported exercise of a power under this Act is taken to be, and always to have been, lawfully obtained.\ns 305 ins 2017 No. 10 s 2C\n(sec.305-ssec.1) This section applies if, before the commencement, an officer or employee of the public service was purportedly appointed to any of the following offices (each a relevant office )— an inspector or inspection officer under section 125(1); for an inspector—the chief inspector of coal mines under section 125(2); an authorised officer under section 129A.\n(sec.305-ssec.2) The person is declared to always have been validly appointed to the relevant office.\n(sec.305-ssec.3) Anything done or omitted to be done by the person that would have been valid and lawful under this Act had the person been validly appointed to the relevant office is taken to be, and always to have been, valid and lawful.\n(sec.305-ssec.4) Without limiting subsection (3), it is declared that evidence obtained by the person in the purported exercise of a power under this Act is taken to be, and always to have been, lawfully obtained.\n- (a) an inspector or inspection officer under section 125(1);\n- (b) for an inspector—the chief inspector of coal mines under section 125(2);\n- (c) an authorised officer under section 129A.","sortOrder":486},{"sectionNumber":"pt.20-div.6","sectionType":"division","heading":"Transitional provision for Mineral, Water and Other Legislation Amendment Act 2018","content":"## Transitional provision for Mineral, Water and Other Legislation Amendment Act 2018","sortOrder":487},{"sectionNumber":"sec.306","sectionType":"section","heading":"Requirement for joint interaction management plan relating to overlapping authority to prospect, petroleum lease, or water monitoring authority, under 1923 Act","content":"### sec.306 Requirement for joint interaction management plan relating to overlapping authority to prospect, petroleum lease, or water monitoring authority, under 1923 Act\n\nThis section applies in relation to coal mining operations carried out in an overlapping area if an authority relating to the overlapping area is an authority to prospect, petroleum lease, or water monitoring authority, under the Petroleum Act 1923 .\nThe overlapping safety plan applying in relation to the coal mining operations is taken to be a joint interaction management plan for the purposes of section 64E(1)(a).\nSubsection (2) applies until a joint interaction management plan is made under section 64E for the coal mining operations.\nThe site senior executive for the coal mine responsible for making a joint interaction management plan under section 64E must—\nmake reasonable attempts to consult with the operator of each authorised activities operating plant, as mentioned in section 64E(1)(b)(i), within 2 months after the commencement; and\nif the site senior executive seeks to rely on section 64E(2)—give the operator of each authorised activities operating plant a copy of the proposed plan, as mentioned in that subsection, within 2 months after the commencement.\nIn this section—\noverlapping safety plan , applying in relation to coal mining operations, means the part of the safety and health management system applying in relation to the coal mining operations that deals with hazards and risks relating to carrying out activities in an overlapping area.\ns 306 ins 2018 No. 24 s 6\n(sec.306-ssec.1) This section applies in relation to coal mining operations carried out in an overlapping area if an authority relating to the overlapping area is an authority to prospect, petroleum lease, or water monitoring authority, under the Petroleum Act 1923 .\n(sec.306-ssec.2) The overlapping safety plan applying in relation to the coal mining operations is taken to be a joint interaction management plan for the purposes of section 64E(1)(a).\n(sec.306-ssec.3) Subsection (2) applies until a joint interaction management plan is made under section 64E for the coal mining operations.\n(sec.306-ssec.4) The site senior executive for the coal mine responsible for making a joint interaction management plan under section 64E must— make reasonable attempts to consult with the operator of each authorised activities operating plant, as mentioned in section 64E(1)(b)(i), within 2 months after the commencement; and if the site senior executive seeks to rely on section 64E(2)—give the operator of each authorised activities operating plant a copy of the proposed plan, as mentioned in that subsection, within 2 months after the commencement.\n(sec.306-ssec.5) In this section— overlapping safety plan , applying in relation to coal mining operations, means the part of the safety and health management system applying in relation to the coal mining operations that deals with hazards and risks relating to carrying out activities in an overlapping area.\n- (a) make reasonable attempts to consult with the operator of each authorised activities operating plant, as mentioned in section 64E(1)(b)(i), within 2 months after the commencement; and\n- (b) if the site senior executive seeks to rely on section 64E(2)—give the operator of each authorised activities operating plant a copy of the proposed plan, as mentioned in that subsection, within 2 months after the commencement.","sortOrder":488},{"sectionNumber":"pt.20-div.7","sectionType":"division","heading":"Transitional provisions for Mines Legislation (Resources Safety) Amendment Act 2018","content":"## Transitional provisions for Mines Legislation (Resources Safety) Amendment Act 2018","sortOrder":489},{"sectionNumber":"sec.307","sectionType":"section","heading":"Definitions for division","content":"### sec.307 Definitions for division\n\nIn this division—\namended , in relation to a provision of this Act, means the provision as amended or inserted by the Mines Legislation (Resources Safety) Amendment Act 2018 .\ntransitional period means the period starting on the commencement of sections 308 and 309 and ending 3 years after the commencement of those sections.\ns 307 ins 2018 No. 28 s 47","sortOrder":490},{"sectionNumber":"sec.308","sectionType":"section","heading":"Appointment of, and acting as, ventilation officers for underground mines during transitional period","content":"### sec.308 Appointment of, and acting as, ventilation officers for underground mines during transitional period\n\nAmended section 61(3) or 61A(4) does not apply to the appointment of a ventilation officer, or acting ventilation officer, for an underground mine during the transitional period.\nAmended section 61A(2)(b) does not apply to an underground mine manager for an underground mine assuming the duties of the ventilation officer for the mine during the transitional period.\ns 308 ins 2018 No. 28 s 47\n(sec.308-ssec.1) Amended section 61(3) or 61A(4) does not apply to the appointment of a ventilation officer, or acting ventilation officer, for an underground mine during the transitional period.\n(sec.308-ssec.2) Amended section 61A(2)(b) does not apply to an underground mine manager for an underground mine assuming the duties of the ventilation officer for the mine during the transitional period.","sortOrder":491},{"sectionNumber":"sec.309","sectionType":"section","heading":"Ventilation officers holding office when transitional period ends","content":"### sec.309 Ventilation officers holding office when transitional period ends\n\nThis section applies to a person who, when the transitional period ends, is appointed as the ventilation officer, or acting ventilation officer, for an underground mine.\nThe person’s appointment ends immediately after the transitional period ends unless the person holds a ventilation officer’s certificate of competency.\nThis section applies despite section 61.\ns 309 ins 2018 No. 28 s 47\n(sec.309-ssec.1) This section applies to a person who, when the transitional period ends, is appointed as the ventilation officer, or acting ventilation officer, for an underground mine.\n(sec.309-ssec.2) The person’s appointment ends immediately after the transitional period ends unless the person holds a ventilation officer’s certificate of competency.\n(sec.309-ssec.3) This section applies despite section 61.","sortOrder":492},{"sectionNumber":"sec.310","sectionType":"section","heading":"Existing site senior executive notices","content":"### sec.310 Existing site senior executive notices\n\nThis section applies to a notice issued by the board of examiners to a person relating to the person’s competency to perform the duties of a site senior executive for a coal mine, if the notice was in force immediately before the commencement.\nThe notice is taken to be a site senior executive notice.\ns 310 ins 2018 No. 28 s 47\n(sec.310-ssec.1) This section applies to a notice issued by the board of examiners to a person relating to the person’s competency to perform the duties of a site senior executive for a coal mine, if the notice was in force immediately before the commencement.\n(sec.310-ssec.2) The notice is taken to be a site senior executive notice.","sortOrder":493},{"sectionNumber":"pt.20-div.8","sectionType":"division","heading":"Transitional provisions for Resources Safety and Health Queensland Act 2020","content":"## Transitional provisions for Resources Safety and Health Queensland Act 2020","sortOrder":494},{"sectionNumber":"sec.311","sectionType":"section","heading":"Definitions for division","content":"### sec.311 Definitions for division\n\nIn this division—\ncorresponding provision , for a provision of the pre-amended Act, means a provision of this Act that provides for the same, or substantially the same, matter as the provision of the pre-amended Act.\npre-amended Act means this Act as in force before the commencement.\ns 311 ins 2020 No. 10 s 90","sortOrder":495},{"sectionNumber":"sec.312","sectionType":"section","heading":"Functions performed and powers exercised by chief executive","content":"### sec.312 Functions performed and powers exercised by chief executive\n\nA function performed, or power exercised, by the chief executive under a provision of the pre-amended Act, if the context permits, is taken to have been performed, or exercised, by the CEO under the corresponding provision.\ns 312 ins 2020 No. 10 s 90","sortOrder":496},{"sectionNumber":"sec.313","sectionType":"section","heading":"References to chief executive","content":"### sec.313 References to chief executive\n\nThis section applies if—\na provision of the pre-amended Act mentioned the chief executive; and\na corresponding provision mentions the CEO.\nIn a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the chief executive is taken to be a reference to the CEO.\ns 313 ins 2020 No. 10 s 90\n(sec.313-ssec.1) This section applies if— a provision of the pre-amended Act mentioned the chief executive; and a corresponding provision mentions the CEO.\n(sec.313-ssec.2) In a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the chief executive is taken to be a reference to the CEO.\n- (a) a provision of the pre-amended Act mentioned the chief executive; and\n- (b) a corresponding provision mentions the CEO.","sortOrder":497},{"sectionNumber":"sec.314","sectionType":"section","heading":"Functions performed and powers exercised by Commissioner for Mine Safety and Health","content":"### sec.314 Functions performed and powers exercised by Commissioner for Mine Safety and Health\n\nA function performed, or power exercised, by the Commissioner for Mine Safety and Health under a provision of the pre-amended Act, if the context permits, is taken to have been performed, or exercised, by the Commissioner for Resources Safety and Health under the corresponding provision.\nSubsection (1) is subject to section 316.\ns 314 ins 2020 No. 10 s 90\n(sec.314-ssec.1) A function performed, or power exercised, by the Commissioner for Mine Safety and Health under a provision of the pre-amended Act, if the context permits, is taken to have been performed, or exercised, by the Commissioner for Resources Safety and Health under the corresponding provision.\n(sec.314-ssec.2) Subsection (1) is subject to section 316.","sortOrder":498},{"sectionNumber":"sec.315","sectionType":"section","heading":"References to Commissioner for Mine Safety and Health","content":"### sec.315 References to Commissioner for Mine Safety and Health\n\nThis section applies if—\na provision of the pre-amended Act mentioned the Commissioner for Mine Safety and Health; and\na corresponding provision mentions the Commissioner for Resources Safety and Health.\nIn a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the Commissioner for Mine Safety and Health is taken to be a reference to the Commissioner for Resources Safety and Health.\nSubsection (2) is subject to section 316.\ns 315 ins 2020 No. 10 s 90\n(sec.315-ssec.1) This section applies if— a provision of the pre-amended Act mentioned the Commissioner for Mine Safety and Health; and a corresponding provision mentions the Commissioner for Resources Safety and Health.\n(sec.315-ssec.2) In a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the Commissioner for Mine Safety and Health is taken to be a reference to the Commissioner for Resources Safety and Health.\n(sec.315-ssec.3) Subsection (2) is subject to section 316.\n- (a) a provision of the pre-amended Act mentioned the Commissioner for Mine Safety and Health; and\n- (b) a corresponding provision mentions the Commissioner for Resources Safety and Health.","sortOrder":499},{"sectionNumber":"sec.316","sectionType":"section","heading":"Existing proceedings","content":"### sec.316 Existing proceedings\n\nThis section applies to the following proceedings started before the commencement—\na proceeding for an offence against the pre-amended Act started by—\nthe Commissioner for Mine Safety and Health; or\nthe chief executive or another appropriately qualified person with the written authorisation of the chief executive;\na proceeding for an injunction, interim injunction, or to rescind or vary an injunction, under the pre-amended Act, started by the Commissioner for Mine Safety and Health;\nan appeal against a decision made on a proceeding mentioned in paragraph (a) or (b).\nIf, immediately before the commencement, the proceeding had not been finally dealt with, on the commencement—\nif the proceeding was brought by the Commissioner for Mine Safety and Health and is in relation to a serious offence within the meaning of section 255(10)—the WHS prosecutor becomes a party to the proceeding in place of the commissioner; and\nif the proceeding is a proceeding other than a proceeding mentioned in paragraph (a)—the CEO becomes a party to the proceeding in place of the person who started the proceeding.\nFor a proceeding mentioned in subsection (2)(b), on the commencement or at any time after the commencement, the CEO may authorise in writing another appropriately qualified person, including, for example, the WHS prosecutor, to become a party to the proceeding in place of the CEO.\ns 316 ins 2020 No. 10 s 90\n(sec.316-ssec.1) This section applies to the following proceedings started before the commencement— a proceeding for an offence against the pre-amended Act started by— the Commissioner for Mine Safety and Health; or the chief executive or another appropriately qualified person with the written authorisation of the chief executive; a proceeding for an injunction, interim injunction, or to rescind or vary an injunction, under the pre-amended Act, started by the Commissioner for Mine Safety and Health; an appeal against a decision made on a proceeding mentioned in paragraph (a) or (b).\n(sec.316-ssec.2) If, immediately before the commencement, the proceeding had not been finally dealt with, on the commencement— if the proceeding was brought by the Commissioner for Mine Safety and Health and is in relation to a serious offence within the meaning of section 255(10)—the WHS prosecutor becomes a party to the proceeding in place of the commissioner; and if the proceeding is a proceeding other than a proceeding mentioned in paragraph (a)—the CEO becomes a party to the proceeding in place of the person who started the proceeding.\n(sec.316-ssec.3) For a proceeding mentioned in subsection (2)(b), on the commencement or at any time after the commencement, the CEO may authorise in writing another appropriately qualified person, including, for example, the WHS prosecutor, to become a party to the proceeding in place of the CEO.\n- (a) a proceeding for an offence against the pre-amended Act started by— (i) the Commissioner for Mine Safety and Health; or (ii) the chief executive or another appropriately qualified person with the written authorisation of the chief executive;\n- (i) the Commissioner for Mine Safety and Health; or\n- (ii) the chief executive or another appropriately qualified person with the written authorisation of the chief executive;\n- (b) a proceeding for an injunction, interim injunction, or to rescind or vary an injunction, under the pre-amended Act, started by the Commissioner for Mine Safety and Health;\n- (c) an appeal against a decision made on a proceeding mentioned in paragraph (a) or (b).\n- (i) the Commissioner for Mine Safety and Health; or\n- (ii) the chief executive or another appropriately qualified person with the written authorisation of the chief executive;\n- (a) if the proceeding was brought by the Commissioner for Mine Safety and Health and is in relation to a serious offence within the meaning of section 255(10)—the WHS prosecutor becomes a party to the proceeding in place of the commissioner; and\n- (b) if the proceeding is a proceeding other than a proceeding mentioned in paragraph (a)—the CEO becomes a party to the proceeding in place of the person who started the proceeding.","sortOrder":500},{"sectionNumber":"sec.317","sectionType":"section","heading":"Costs of investigation","content":"### sec.317 Costs of investigation\n\nThis section applies if a court convicts a person of an offence against this Act after the commencement.\nThe court may order the person to pay the reasonable costs of investigating the offence, including reasonable costs of preparing for the prosecution of the offence, whether the costs were incurred by the department or RSHQ, and whether the offence was committed before or after the commencement.\ns 317 ins 2020 No. 10 s 90\n(sec.317-ssec.1) This section applies if a court convicts a person of an offence against this Act after the commencement.\n(sec.317-ssec.2) The court may order the person to pay the reasonable costs of investigating the offence, including reasonable costs of preparing for the prosecution of the offence, whether the costs were incurred by the department or RSHQ, and whether the offence was committed before or after the commencement.","sortOrder":501},{"sectionNumber":"sec.318","sectionType":"section","heading":"References to department","content":"### sec.318 References to department\n\nThis section applies if—\na provision of the pre-amended Act mentioned the department; and\na corresponding provision mentions RSHQ.\nIn a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the department is taken to be a reference to RSHQ.\ns 318 ins 2020 No. 10 s 90\n(sec.318-ssec.1) This section applies if— a provision of the pre-amended Act mentioned the department; and a corresponding provision mentions RSHQ.\n(sec.318-ssec.2) In a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the department is taken to be a reference to RSHQ.\n- (a) a provision of the pre-amended Act mentioned the department; and\n- (b) a corresponding provision mentions RSHQ.","sortOrder":502},{"sectionNumber":"pt.20-div.9","sectionType":"division","heading":"Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020","content":"## Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020","sortOrder":503},{"sectionNumber":"sec.319","sectionType":"section","heading":"Deferral of obligation of coal mine operators to ensure employees are appointed to particular positions","content":"### sec.319 Deferral of obligation of coal mine operators to ensure employees are appointed to particular positions\n\nSections 54(5), 57(2), 59(2), 60(12), 61(4) and 61A(5), as inserted by the Mineral and Energy Resources and Other Legislation Amendment Act 2020 , do not apply to a coal mine operator for a coal mine until 25 November 2022.\ns 319 ins 2020 No. 14 s 10\namd 2021 No. 18 s 1B","sortOrder":504},{"sectionNumber":"sec.320","sectionType":"section","heading":"Particular appointments of persons who are not employees of coal mine operators made before commencement and during transitional period","content":"### sec.320 Particular appointments of persons who are not employees of coal mine operators made before commencement and during transitional period\n\nThis section applies if, immediately before the commencement, a person (the appointee ) held any of the following appointments in relation to a coal mine—\nan appointment under section 54 as the site senior executive for the coal mine or, if the coal mine is or includes a separate part of a surface mine, the separate part;\nan appointment under section 57 to act as the site senior executive;\nan appointment under section 59 to carry out the responsibilities and duties prescribed under a regulation in 1 or more surface mine excavations;\nan appointment under section 60(2) as the underground mine manager;\nan appointment under section 60(4) as the alternate underground mine manager;\nan appointment under section 60(8) to be responsible for the control and management of underground activities when the underground mine manager is not in attendance;\nan appointment under section 60(9) to have control of activities in 1 or more explosion risk zones;\nan appointment under section 60(10) to control and manage the mechanical and electrical engineering activities;\nan appointment under section 61(2) as the ventilation officer;\nan appointment under section 61A(3) to act as the ventilation officer.\nThis section also applies if a person (also the appointee ) holds an appointment mentioned in subsection (1)(a) to (j), in relation to a coal mine, made in the period starting on 25 May 2020 and ending on 25 November 2022.\nThe appointee is taken to hold a valid appointment under the provision mentioned in subsection (1) even if the appointee is not an employee of the coal mine operator for the mine.\nHowever, if the appointee is not an employee of a coal mine operator, the appointee is taken to hold a valid appointment under the provision mentioned in subsection (1) only until 25 November 2022.\nNo compensation is payable to an appointee because of this section.\ns 320 ins 2020 No. 14 s 10\namd 2021 No. 18 s 1C\n(sec.320-ssec.1) This section applies if, immediately before the commencement, a person (the appointee ) held any of the following appointments in relation to a coal mine— an appointment under section 54 as the site senior executive for the coal mine or, if the coal mine is or includes a separate part of a surface mine, the separate part; an appointment under section 57 to act as the site senior executive; an appointment under section 59 to carry out the responsibilities and duties prescribed under a regulation in 1 or more surface mine excavations; an appointment under section 60(2) as the underground mine manager; an appointment under section 60(4) as the alternate underground mine manager; an appointment under section 60(8) to be responsible for the control and management of underground activities when the underground mine manager is not in attendance; an appointment under section 60(9) to have control of activities in 1 or more explosion risk zones; an appointment under section 60(10) to control and manage the mechanical and electrical engineering activities; an appointment under section 61(2) as the ventilation officer; an appointment under section 61A(3) to act as the ventilation officer.\n(sec.320-ssec.1A) This section also applies if a person (also the appointee ) holds an appointment mentioned in subsection (1)(a) to (j), in relation to a coal mine, made in the period starting on 25 May 2020 and ending on 25 November 2022.\n(sec.320-ssec.2) The appointee is taken to hold a valid appointment under the provision mentioned in subsection (1) even if the appointee is not an employee of the coal mine operator for the mine.\n(sec.320-ssec.3) However, if the appointee is not an employee of a coal mine operator, the appointee is taken to hold a valid appointment under the provision mentioned in subsection (1) only until 25 November 2022.\n(sec.320-ssec.4) No compensation is payable to an appointee because of this section.\n- (a) an appointment under section 54 as the site senior executive for the coal mine or, if the coal mine is or includes a separate part of a surface mine, the separate part;\n- (b) an appointment under section 57 to act as the site senior executive;\n- (c) an appointment under section 59 to carry out the responsibilities and duties prescribed under a regulation in 1 or more surface mine excavations;\n- (d) an appointment under section 60(2) as the underground mine manager;\n- (e) an appointment under section 60(4) as the alternate underground mine manager;\n- (f) an appointment under section 60(8) to be responsible for the control and management of underground activities when the underground mine manager is not in attendance;\n- (g) an appointment under section 60(9) to have control of activities in 1 or more explosion risk zones;\n- (h) an appointment under section 60(10) to control and manage the mechanical and electrical engineering activities;\n- (i) an appointment under section 61(2) as the ventilation officer;\n- (j) an appointment under section 61A(3) to act as the ventilation officer.","sortOrder":505},{"sectionNumber":"sec.321","sectionType":"section","heading":"Validation of particular orders for costs","content":"### sec.321 Validation of particular orders for costs\n\nThis section applies to a costs order purportedly made by an Industrial Magistrates Court before the commencement in relation to a proceeding for an offence against this Act.\nThe making of the costs order is, and is taken to always have been, as valid as it would have been if amended section 264 had been in effect from 16 March 2001.\nAnything done under the costs order is, and is taken to always have been, as valid as it would have been if amended section 264 had been in effect from 16 March 2001.\nIf the repealed Industrial Relations Act 1999 applied to the proceeding, amended section 264 applies as if the reference in section 264(3) to the Industrial Relations Act 2016 , section 530(6) were a reference to section 319(3) of the repealed Act.\nIn this section—\namended section 264 means section 264 as amended by the Mineral and Energy Resources and Other Legislation Amendment Act 2020 .\ncosts order means an order awarding a represented party for a proceeding costs of the representation.\nIndustrial Magistrates Court includes an Industrial Magistrates Court under the repealed Industrial Relations Act 1999 .\nrepresented party , for a proceeding, means a party to the proceeding, or a person ordered or permitted to appear or to be represented by a lawyer, who is represented by a lawyer.\ns 321 ins 2020 No. 14 s 16\n(sec.321-ssec.1) This section applies to a costs order purportedly made by an Industrial Magistrates Court before the commencement in relation to a proceeding for an offence against this Act.\n(sec.321-ssec.2) The making of the costs order is, and is taken to always have been, as valid as it would have been if amended section 264 had been in effect from 16 March 2001.\n(sec.321-ssec.3) Anything done under the costs order is, and is taken to always have been, as valid as it would have been if amended section 264 had been in effect from 16 March 2001.\n(sec.321-ssec.4) If the repealed Industrial Relations Act 1999 applied to the proceeding, amended section 264 applies as if the reference in section 264(3) to the Industrial Relations Act 2016 , section 530(6) were a reference to section 319(3) of the repealed Act.\n(sec.321-ssec.5) In this section— amended section 264 means section 264 as amended by the Mineral and Energy Resources and Other Legislation Amendment Act 2020 . costs order means an order awarding a represented party for a proceeding costs of the representation. Industrial Magistrates Court includes an Industrial Magistrates Court under the repealed Industrial Relations Act 1999 . represented party , for a proceeding, means a party to the proceeding, or a person ordered or permitted to appear or to be represented by a lawyer, who is represented by a lawyer.","sortOrder":506},{"sectionNumber":"pt.20-div.10","sectionType":"division","heading":"Transitional provisions for Coal Mining Safety and Health and Other Legislation Amendment Act 2022","content":"## Transitional provisions for Coal Mining Safety and Health and Other Legislation Amendment Act 2022","sortOrder":507},{"sectionNumber":"sec.322","sectionType":"section","heading":"Definitions for division","content":"### sec.322 Definitions for division\n\nIn this division—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\nnew , for a provision of this Act, means the provision as in force from the commencement.\ns 322 ins 2022 No. 29 s 12","sortOrder":508},{"sectionNumber":"sec.323","sectionType":"section","heading":"Application of new pt 4, div 2","content":"### sec.323 Application of new pt 4, div 2\n\nFrom the commencement, new part 4, division 2 applies in relation to the appointment of a person, whether the appointment was made before, or is made after, the commencement.\ns 323 ins 2022 No. 29 s 12","sortOrder":509},{"sectionNumber":"sec.324","sectionType":"section","heading":"Particular existing appointees go out of office","content":"### sec.324 Particular existing appointees go out of office\n\nThis section applies if, immediately before the commencement, a person (the appointee )—\nwas the site senior executive for a coal mine; or\nheld an appointment under former section 59(1), 60(2), (4), (8), (9) or (10) or 61(2).\nIf, on the commencement, the appointee could not be appointed under the new appointment provisions, the appointee goes out of office.\nNo compensation is payable to the appointee because of this section.\nIn this section—\nnew appointment provisions , for an appointee, means—\nif the appointee is a person mentioned in subsection (1)(a)—new section 54(5) and (6); or\nif the appointee was appointed under former section 59(1)—new section 59(2); or\nif the appointee was appointed under former section 60(2), (4) or (8)—new section 60(12)(a); or\nif the appointee was appointed under former section 60(9) or (10)—new section 60(12)(b); or\nif the appointee was appointed under former section 61(2)—new section 61(4).\ns 324 ins 2022 No. 29 s 12\n(sec.324-ssec.1) This section applies if, immediately before the commencement, a person (the appointee )— was the site senior executive for a coal mine; or held an appointment under former section 59(1), 60(2), (4), (8), (9) or (10) or 61(2).\n(sec.324-ssec.2) If, on the commencement, the appointee could not be appointed under the new appointment provisions, the appointee goes out of office.\n(sec.324-ssec.3) No compensation is payable to the appointee because of this section.\n(sec.324-ssec.4) In this section— new appointment provisions , for an appointee, means— if the appointee is a person mentioned in subsection (1)(a)—new section 54(5) and (6); or if the appointee was appointed under former section 59(1)—new section 59(2); or if the appointee was appointed under former section 60(2), (4) or (8)—new section 60(12)(a); or if the appointee was appointed under former section 60(9) or (10)—new section 60(12)(b); or if the appointee was appointed under former section 61(2)—new section 61(4).\n- (a) was the site senior executive for a coal mine; or\n- (b) held an appointment under former section 59(1), 60(2), (4), (8), (9) or (10) or 61(2).\n- (a) if the appointee is a person mentioned in subsection (1)(a)—new section 54(5) and (6); or\n- (b) if the appointee was appointed under former section 59(1)—new section 59(2); or\n- (c) if the appointee was appointed under former section 60(2), (4) or (8)—new section 60(12)(a); or\n- (d) if the appointee was appointed under former section 60(9) or (10)—new section 60(12)(b); or\n- (e) if the appointee was appointed under former section 61(2)—new section 61(4).","sortOrder":510},{"sectionNumber":"sec.325","sectionType":"section","heading":"Continuation of acting appointments made before commencement","content":"### sec.325 Continuation of acting appointments made before commencement\n\nThis section applies if, immediately before the commencement, a person (the appointee ) held an appointment—\nunder former section 57(1); or\nunder former section 58(2) to perform the duties of—\nan open-cut examiner under former section 59(1); or\na person appointed under former section 60(2), (4), (8), (9) or (10); or\nunder former 61A(3).\nFrom the commencement, the appointee is taken to be appointed under—\nfor an appointee mentioned in subsection (1)(a)—new section 57(3); or\nfor an appointee mentioned in subsection (1)(b)(i)—new section 59A(3); or\nfor an appointee mentioned in subsection (1)(b)(ii)—new section 60A(3); or\nfor an appointee mentioned in subsection (1)(c)—new section 61A(4).\nThis section applies subject to section 326.\ns 325 ins 2022 No. 29 s 12\n(sec.325-ssec.1) This section applies if, immediately before the commencement, a person (the appointee ) held an appointment— under former section 57(1); or under former section 58(2) to perform the duties of— an open-cut examiner under former section 59(1); or a person appointed under former section 60(2), (4), (8), (9) or (10); or under former 61A(3).\n(sec.325-ssec.2) From the commencement, the appointee is taken to be appointed under— for an appointee mentioned in subsection (1)(a)—new section 57(3); or for an appointee mentioned in subsection (1)(b)(i)—new section 59A(3); or for an appointee mentioned in subsection (1)(b)(ii)—new section 60A(3); or for an appointee mentioned in subsection (1)(c)—new section 61A(4).\n(sec.325-ssec.3) This section applies subject to section 326.\n- (a) under former section 57(1); or\n- (b) under former section 58(2) to perform the duties of— (i) an open-cut examiner under former section 59(1); or (ii) a person appointed under former section 60(2), (4), (8), (9) or (10); or\n- (i) an open-cut examiner under former section 59(1); or\n- (ii) a person appointed under former section 60(2), (4), (8), (9) or (10); or\n- (c) under former 61A(3).\n- (i) an open-cut examiner under former section 59(1); or\n- (ii) a person appointed under former section 60(2), (4), (8), (9) or (10); or\n- (a) for an appointee mentioned in subsection (1)(a)—new section 57(3); or\n- (b) for an appointee mentioned in subsection (1)(b)(i)—new section 59A(3); or\n- (c) for an appointee mentioned in subsection (1)(b)(ii)—new section 60A(3); or\n- (d) for an appointee mentioned in subsection (1)(c)—new section 61A(4).","sortOrder":511},{"sectionNumber":"sec.326","sectionType":"section","heading":"When particular acting appointments made before commencement taken to commence","content":"### sec.326 When particular acting appointments made before commencement taken to commence\n\nFor an appointee mentioned in section 325(1)(a), new section 57(5) applies in relation to the appointee as if—\nthe appointed SSE was first temporarily absent from duty on the day of the commencement; and\nthe appointee had been appointed to act in the office on the day of the commencement.\nFor an appointee mentioned in section 325(1)(b)(i), new section 59A(4) applies in relation to the appointee as if—\nthe appointed open-cut examiner was first temporarily absent from duty on the day of the commencement; and\nthe appointee had been appointed to act in the office on the day of the commencement.\nFor an appointee mentioned in section 325(1)(b)(ii), new section 60A(4) applies in relation to the appointee as if—\nthe person in whose office the appointee is acting was first temporarily absent from duty on the day of the commencement; and\nthe appointee had been appointed to act in the office on the day of the commencement.\nFor an appointee mentioned in section 325(1)(c), new section 61A(6) applies in relation to the appointee as if—\nthe ventilation officer appointed under former section 61 was first temporarily absent from duty on the day of the commencement; and\nthe appointee had been appointed to act in the office on the day of the commencement.\nThis section does not limit the following provisions—\nfor subsection (1)—new section 57(6) and (7);\nfor subsection (2)—new section 59A(5);\nfor subsection (3)—new section 60A(5);\nfor subsection (4)—new section 61A(7).\ns 326 ins 2022 No. 29 s 12\n(sec.326-ssec.1) For an appointee mentioned in section 325(1)(a), new section 57(5) applies in relation to the appointee as if— the appointed SSE was first temporarily absent from duty on the day of the commencement; and the appointee had been appointed to act in the office on the day of the commencement.\n(sec.326-ssec.2) For an appointee mentioned in section 325(1)(b)(i), new section 59A(4) applies in relation to the appointee as if— the appointed open-cut examiner was first temporarily absent from duty on the day of the commencement; and the appointee had been appointed to act in the office on the day of the commencement.\n(sec.326-ssec.3) For an appointee mentioned in section 325(1)(b)(ii), new section 60A(4) applies in relation to the appointee as if— the person in whose office the appointee is acting was first temporarily absent from duty on the day of the commencement; and the appointee had been appointed to act in the office on the day of the commencement.\n(sec.326-ssec.4) For an appointee mentioned in section 325(1)(c), new section 61A(6) applies in relation to the appointee as if— the ventilation officer appointed under former section 61 was first temporarily absent from duty on the day of the commencement; and the appointee had been appointed to act in the office on the day of the commencement.\n(sec.326-ssec.5) This section does not limit the following provisions— for subsection (1)—new section 57(6) and (7); for subsection (2)—new section 59A(5); for subsection (3)—new section 60A(5); for subsection (4)—new section 61A(7).\n- (a) the appointed SSE was first temporarily absent from duty on the day of the commencement; and\n- (b) the appointee had been appointed to act in the office on the day of the commencement.\n- (a) the appointed open-cut examiner was first temporarily absent from duty on the day of the commencement; and\n- (b) the appointee had been appointed to act in the office on the day of the commencement.\n- (a) the person in whose office the appointee is acting was first temporarily absent from duty on the day of the commencement; and\n- (b) the appointee had been appointed to act in the office on the day of the commencement.\n- (a) the ventilation officer appointed under former section 61 was first temporarily absent from duty on the day of the commencement; and\n- (b) the appointee had been appointed to act in the office on the day of the commencement.\n- (a) for subsection (1)—new section 57(6) and (7);\n- (b) for subsection (2)—new section 59A(5);\n- (c) for subsection (3)—new section 60A(5);\n- (d) for subsection (4)—new section 61A(7).","sortOrder":512},{"sectionNumber":"pt.20-div.11","sectionType":"division","heading":"Transitional provision for Information Privacy and Other Legislation Amendment Act 2023","content":"## Transitional provision for Information Privacy and Other Legislation Amendment Act 2023","sortOrder":513},{"sectionNumber":"sec.327","sectionType":"section","heading":"Application of sch 3, definition union","content":"### sec.327 Application of sch 3, definition union\n\nSchedule 3, definition union , as in force from the commencement, is taken to have applied from 1 December 2023 for all purposes.\nTo remove any doubt, it is declared that the amendment of schedule 3, definition union by the Information Privacy and Other Legislation Amendment Act 2023 , section 2C —\nhas effect only to reflect a change of the union’s name; and\ndoes not affect the appointment or funding of industry safety and health representatives under part 8 before the commencement.\ns 327 ins 2023 No. 32 s 2B\n(sec.327-ssec.1) Schedule 3, definition union , as in force from the commencement, is taken to have applied from 1 December 2023 for all purposes.\n(sec.327-ssec.2) To remove any doubt, it is declared that the amendment of schedule 3, definition union by the Information Privacy and Other Legislation Amendment Act 2023 , section 2C — has effect only to reflect a change of the union’s name; and does not affect the appointment or funding of industry safety and health representatives under part 8 before the commencement.\n- (a) has effect only to reflect a change of the union’s name; and\n- (b) does not affect the appointment or funding of industry safety and health representatives under part 8 before the commencement.","sortOrder":514},{"sectionNumber":"pt.20-div.12","sectionType":"division","heading":"Transitional provisions for Resources Safety and Health Legislation Amendment Act 2024","content":"## Transitional provisions for Resources Safety and Health Legislation Amendment Act 2024","sortOrder":515},{"sectionNumber":"sec.328","sectionType":"section","heading":"Definitions for division","content":"### sec.328 Definitions for division\n\nIn this division—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement of the provision in which the term is used.\nnew , for a provision of this Act, means the provision as in force from the commencement of the provision in which the term is used.\ns 328 ins 2024 No. 34 s 100","sortOrder":516},{"sectionNumber":"sec.329","sectionType":"section","heading":"Deferral of requirements relating to critical controls","content":"### sec.329 Deferral of requirements relating to critical controls\n\nNew sections 30, 47A, 62(5) and 63(1) do not apply until the day that is 1 year after the commencement.\nFormer sections 30, 47A, 62(5) and 63(1) continue to apply until that day that is 1 year after the commencement.\ns 329 ins 2024 No. 34 s 100\n(sec.329-ssec.1) New sections 30, 47A, 62(5) and 63(1) do not apply until the day that is 1 year after the commencement.\n(sec.329-ssec.2) Former sections 30, 47A, 62(5) and 63(1) continue to apply until that day that is 1 year after the commencement.","sortOrder":517},{"sectionNumber":"sec.330","sectionType":"section","heading":"Deferral of requirements relating to operational ROC workers","content":"### sec.330 Deferral of requirements relating to operational ROC workers\n\nNew sections 42(h) and 62(3) do not apply until the day that is 6 months after the commencement.\nFormer sections 42(h) and 62(3) continue to apply until the day that is 6 months after the commencement.\ns 330 ins 2024 No. 34 s 100\n(sec.330-ssec.1) New sections 42(h) and 62(3) do not apply until the day that is 6 months after the commencement.\n(sec.330-ssec.2) Former sections 42(h) and 62(3) continue to apply until the day that is 6 months after the commencement.","sortOrder":518},{"sectionNumber":"sec.331","sectionType":"section","heading":"Deferral of additional requirements for management of surface mines","content":"### sec.331 Deferral of additional requirements for management of surface mines\n\nNew sections 58A and 58B do not apply until the day that is 5 years after the commencement.\ns 331 ins 2024 No. 34 s 100","sortOrder":519},{"sectionNumber":"sec.333","sectionType":"section","heading":"Deferral of requirement for electrical engineering manager for underground mine to hold board qualifications","content":"### sec.333 Deferral of requirement for electrical engineering manager for underground mine to hold board qualifications\n\nNew section 60(10) does not apply to the appointment of an electrical engineering manager for an underground mine, or to an acting electrical engineering manager appointed under new section 60A(2) or (3), until the day that is 5 years after the commencement.\nIf, on the day that is 5 years after the commencement, an electrical engineering manager for an underground mine, or an acting electrical engineering manager appointed under former section 60A(2) or (3), does not hold both of the board qualifications required under new section 60(10), the appointment of the manager or acting manager is terminated.\nFormer sections 60(10) and 60A(2), (3) and (8) continue to apply until the day that is 5 years after the commencement.\ns 333 ins 2024 No. 34 s 100\n(sec.333-ssec.1) New section 60(10) does not apply to the appointment of an electrical engineering manager for an underground mine, or to an acting electrical engineering manager appointed under new section 60A(2) or (3), until the day that is 5 years after the commencement.\n(sec.333-ssec.2) If, on the day that is 5 years after the commencement, an electrical engineering manager for an underground mine, or an acting electrical engineering manager appointed under former section 60A(2) or (3), does not hold both of the board qualifications required under new section 60(10), the appointment of the manager or acting manager is terminated.\n(sec.333-ssec.3) Former sections 60(10) and 60A(2), (3) and (8) continue to apply until the day that is 5 years after the commencement.","sortOrder":520},{"sectionNumber":"sec.334","sectionType":"section","heading":"Deferral of requirement for mechanical engineering manager for underground mine to hold board qualifications","content":"### sec.334 Deferral of requirement for mechanical engineering manager for underground mine to hold board qualifications\n\nNew section 60(11) does not apply to the appointment of a mechanical engineering manager for an underground mine, or to an acting mechanical engineering manager appointed under new section 60A(2) or (3), until the day that is 5 years after the commencement.\nIf, on the day that is 5 years after the commencement, a mechanical engineering manager for an underground mine, or an acting underground mechanical engineering manager appointed under former section 60A(2) or (3), does not hold both of the board qualifications required under new section 60(11), the appointment of the manager or acting manager is terminated.\nFormer sections 60(10) and 60A(2), (3) and (8) continue to apply until the day that is 5 years after the commencement.\ns 334 ins 2024 No. 34 s 100\n(sec.334-ssec.1) New section 60(11) does not apply to the appointment of a mechanical engineering manager for an underground mine, or to an acting mechanical engineering manager appointed under new section 60A(2) or (3), until the day that is 5 years after the commencement.\n(sec.334-ssec.2) If, on the day that is 5 years after the commencement, a mechanical engineering manager for an underground mine, or an acting underground mechanical engineering manager appointed under former section 60A(2) or (3), does not hold both of the board qualifications required under new section 60(11), the appointment of the manager or acting manager is terminated.\n(sec.334-ssec.3) Former sections 60(10) and 60A(2), (3) and (8) continue to apply until the day that is 5 years after the commencement.","sortOrder":521},{"sectionNumber":"sec.335","sectionType":"section","heading":"Deferral of particular requirements to hold practising certificate","content":"### sec.335 Deferral of particular requirements to hold practising certificate\n\nThis section applies to the following requirements—\nthe requirement under new section 54(4)(a)(ii) and (b)(ii) for a site senior executive for a coal mine to hold a practising certificate;\nthe requirement under new section 57(4)(b) for an acting site senior executive for a coal mine to hold a practising certificate;\nthe requirement under new section 59(1)(b) for an open-cut examiner for a surface mine excavation carried out at a surface mine or part of a surface mine to hold a practising certificate;\nthe requirement under new section 59A(6)(b) for a person acting as an open-cut examiner for a surface mine to hold a practising certificate;\nthe requirement under new section 60(5)(b) for an underground mine manager to hold a practising certificate;\nthe requirement under new section 60(8)(b) for a person responsible for the control and management of underground activities at an underground mine when the manager is not in attendance at the mine to hold a practising certificate;\nthe requirement under new section 60(9)(b) for a person who is to have control of activities in 1 or more explosion risk zones for an underground mine to hold a practising certificate;\nthe requirement under new section 60A(6) and (8) for a person acting in a position mentioned in paragraph (e), (f) or (g) to hold a practising certificate;\nthe requirement under new section 61(3)(b) for a ventilation officer to hold a practising certificate;\nthe requirement under new section 61A(5)(b) for a person acting as a ventilation officer to hold a practising certificate;\nthe requirement under new section 109(2)(b) for an industry safety and health representative to hold a practising certificate;\nthe requirement under new section 126(2) for particular persons appointed as an inspector to hold a practising certificate;\nthe requirement under new section 186(1)(b)(iii) or (iv), (c)(ii) or (d)(ii) or (3)(d) for particular members of the board of examiners to hold a practising certificate.\nThe requirement does not apply until 10 June 2025.\nIf, on 10 June 2025, the person mentioned in subsection (1) does not hold the required practising certificate, the appointment of the person to the position mentioned in subsection (1) is terminated.\nFormer sections 54(4), 57, 59(1), 60(5) and (8), 60A(6) and (8), 61(3), 61A(5), 109(2) and 126 continue to apply until 10 June 2025.\nIn this section—\npractising certificate includes a practising certificate under the Mining and Quarrying Safety and Health Act 1999 .\ns 335 ins 2024 No. 34 s 100\n(sec.335-ssec.1) This section applies to the following requirements— the requirement under new section 54(4)(a)(ii) and (b)(ii) for a site senior executive for a coal mine to hold a practising certificate; the requirement under new section 57(4)(b) for an acting site senior executive for a coal mine to hold a practising certificate; the requirement under new section 59(1)(b) for an open-cut examiner for a surface mine excavation carried out at a surface mine or part of a surface mine to hold a practising certificate; the requirement under new section 59A(6)(b) for a person acting as an open-cut examiner for a surface mine to hold a practising certificate; the requirement under new section 60(5)(b) for an underground mine manager to hold a practising certificate; the requirement under new section 60(8)(b) for a person responsible for the control and management of underground activities at an underground mine when the manager is not in attendance at the mine to hold a practising certificate; the requirement under new section 60(9)(b) for a person who is to have control of activities in 1 or more explosion risk zones for an underground mine to hold a practising certificate; the requirement under new section 60A(6) and (8) for a person acting in a position mentioned in paragraph (e), (f) or (g) to hold a practising certificate; the requirement under new section 61(3)(b) for a ventilation officer to hold a practising certificate; the requirement under new section 61A(5)(b) for a person acting as a ventilation officer to hold a practising certificate; the requirement under new section 109(2)(b) for an industry safety and health representative to hold a practising certificate; the requirement under new section 126(2) for particular persons appointed as an inspector to hold a practising certificate; the requirement under new section 186(1)(b)(iii) or (iv), (c)(ii) or (d)(ii) or (3)(d) for particular members of the board of examiners to hold a practising certificate.\n(sec.335-ssec.2) The requirement does not apply until 10 June 2025.\n(sec.335-ssec.3) If, on 10 June 2025, the person mentioned in subsection (1) does not hold the required practising certificate, the appointment of the person to the position mentioned in subsection (1) is terminated.\n(sec.335-ssec.4) Former sections 54(4), 57, 59(1), 60(5) and (8), 60A(6) and (8), 61(3), 61A(5), 109(2) and 126 continue to apply until 10 June 2025.\n(sec.335-ssec.5) In this section— practising certificate includes a practising certificate under the Mining and Quarrying Safety and Health Act 1999 .\n- (a) the requirement under new section 54(4)(a)(ii) and (b)(ii) for a site senior executive for a coal mine to hold a practising certificate;\n- (b) the requirement under new section 57(4)(b) for an acting site senior executive for a coal mine to hold a practising certificate;\n- (c) the requirement under new section 59(1)(b) for an open-cut examiner for a surface mine excavation carried out at a surface mine or part of a surface mine to hold a practising certificate;\n- (d) the requirement under new section 59A(6)(b) for a person acting as an open-cut examiner for a surface mine to hold a practising certificate;\n- (e) the requirement under new section 60(5)(b) for an underground mine manager to hold a practising certificate;\n- (f) the requirement under new section 60(8)(b) for a person responsible for the control and management of underground activities at an underground mine when the manager is not in attendance at the mine to hold a practising certificate;\n- (g) the requirement under new section 60(9)(b) for a person who is to have control of activities in 1 or more explosion risk zones for an underground mine to hold a practising certificate;\n- (h) the requirement under new section 60A(6) and (8) for a person acting in a position mentioned in paragraph (e), (f) or (g) to hold a practising certificate;\n- (i) the requirement under new section 61(3)(b) for a ventilation officer to hold a practising certificate;\n- (j) the requirement under new section 61A(5)(b) for a person acting as a ventilation officer to hold a practising certificate;\n- (k) the requirement under new section 109(2)(b) for an industry safety and health representative to hold a practising certificate;\n- (l) the requirement under new section 126(2) for particular persons appointed as an inspector to hold a practising certificate;\n- (m) the requirement under new section 186(1)(b)(iii) or (iv), (c)(ii) or (d)(ii) or (3)(d) for particular members of the board of examiners to hold a practising certificate.","sortOrder":522},{"sectionNumber":"sec.336","sectionType":"section","heading":"Deferral of requirement for board of examiners to include person who has expertise in assessment of competencies","content":"### sec.336 Deferral of requirement for board of examiners to include person who has expertise in assessment of competencies\n\nNew section 186(1)(a) does not apply until the day that is 2 years after the commencement.\ns 336 ins 2024 No. 34 s 100","sortOrder":523},{"sectionNumber":"sec.337","sectionType":"section","heading":"Deferral of requirement for chairperson of board of examiners to have particular qualifications","content":"### sec.337 Deferral of requirement for chairperson of board of examiners to have particular qualifications\n\nNew section 186(2) does not apply until the day that is 2 years after the commencement.\nFormer section 186(2) continues to apply until the day that is 2 years after the commencement.\ns 337 ins 2024 No. 34 s 100\n(sec.337-ssec.1) New section 186(2) does not apply until the day that is 2 years after the commencement.\n(sec.337-ssec.2) Former section 186(2) continues to apply until the day that is 2 years after the commencement.","sortOrder":524},{"sectionNumber":"sec.338","sectionType":"section","heading":"No compensation payable because of termination of appointment under division","content":"### sec.338 No compensation payable because of termination of appointment under division\n\nThis section applies if a person’s appointment to a position is terminated because of the operation of this division.\nNo compensation is payable to the person because of the termination.\ns 338 ins 2024 No. 34 s 100\n(sec.338-ssec.1) This section applies if a person’s appointment to a position is terminated because of the operation of this division.\n(sec.338-ssec.2) No compensation is payable to the person because of the termination.","sortOrder":525},{"sectionNumber":"sec.339","sectionType":"section","heading":"Dealing with charges of offences against Act in summary way before Magistrates Court","content":"### sec.339 Dealing with charges of offences against Act in summary way before Magistrates Court\n\nNew section 255 applies in relation to a proceeding for an offence against this Act started after the commencement, whether the offence was alleged to have been committed before or after the commencement.\nWithout limiting the Acts Interpretation Act 1954 , section 20, a proceeding for an offence started under former section 255 before an industrial magistrate before the commencement may be continued before the industrial magistrate after the commencement despite the amendment of former section 255 by the Resources Safety and Health Legislation Amendment Act 2024 .\nAlso, a person dissatisfied with a decision of an industrial magistrate in a proceeding mentioned in subsection (2) may appeal to the Industrial Court under former section 255 despite the amendment of former section 255 by the Resources Safety and Health Legislation Amendment Act 2024 .\ns 339 ins 2024 No. 34 s 100\n(sec.339-ssec.1) New section 255 applies in relation to a proceeding for an offence against this Act started after the commencement, whether the offence was alleged to have been committed before or after the commencement.\n(sec.339-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20, a proceeding for an offence started under former section 255 before an industrial magistrate before the commencement may be continued before the industrial magistrate after the commencement despite the amendment of former section 255 by the Resources Safety and Health Legislation Amendment Act 2024 .\n(sec.339-ssec.3) Also, a person dissatisfied with a decision of an industrial magistrate in a proceeding mentioned in subsection (2) may appeal to the Industrial Court under former section 255 despite the amendment of former section 255 by the Resources Safety and Health Legislation Amendment Act 2024 .","sortOrder":526},{"sectionNumber":"sec.340","sectionType":"section","heading":"Limitation period for starting prosecution","content":"### sec.340 Limitation period for starting prosecution\n\nNew section 257 applies only in relation to a proceeding for an offence against this Act alleged to have been committed after the commencement.\nFormer section 257 continues to apply in relation to a proceeding for an offence against this Act alleged to have been committed before the commencement despite the amendment of former section 257 by the Resources Safety and Health Legislation Amendment Act 2024 .\ns 340 ins 2024 No. 34 s 100\n(sec.340-ssec.1) New section 257 applies only in relation to a proceeding for an offence against this Act alleged to have been committed after the commencement.\n(sec.340-ssec.2) Former section 257 continues to apply in relation to a proceeding for an offence against this Act alleged to have been committed before the commencement despite the amendment of former section 257 by the Resources Safety and Health Legislation Amendment Act 2024 .","sortOrder":527},{"sectionNumber":"sec.341","sectionType":"section","heading":"Administrative region established by chief executive before commencement","content":"### sec.341 Administrative region established by chief executive before commencement\n\nThis section applies if—\nbefore the commencement, the chief executive established an administrative region for the administration of this Act under former schedule 3, definition region ; and\nimmediately before the commencement, the administrative region was still in effect.\nThe administrative region is taken to have been established by the CEO under new schedule 3, definition region .\ns 341 ins 2024 No. 34 s 100\n(sec.341-ssec.1) This section applies if— before the commencement, the chief executive established an administrative region for the administration of this Act under former schedule 3, definition region ; and immediately before the commencement, the administrative region was still in effect.\n(sec.341-ssec.2) The administrative region is taken to have been established by the CEO under new schedule 3, definition region .\n- (a) before the commencement, the chief executive established an administrative region for the administration of this Act under former schedule 3, definition region ; and\n- (b) immediately before the commencement, the administrative region was still in effect.","sortOrder":528},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"General","content":"# General","sortOrder":529},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Matters about safety and health","content":"# Matters about safety and health","sortOrder":530}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded materially since 1999 through successive amendments. Notable expansions include: the addition of obligations for corporate officers personally (division 3A, 2018); the inclusion of remote operations centre (ROC) workers who are not physically at the mine (2024); obligations on designers and constructors of earthworks such as tailings dams (2011); the explicit carve-out for overlap with Rail Safety National Law (2017); extended definitions of on-site activities and coal mine; and the introduction of health surveillance obligations for current and former coal mine workers. The original Act focused primarily on physical mine site safety, whereas the current version extends to supply chains, remote workers, post-closure activities, and long-term health monitoring."},"complexity_factors":["Multiple overlapping duty-holder categories (holders, operators, site senior executives, contractors, designers, manufacturers, importers, suppliers, workers) each with distinct but interrelated obligations","Tiered penalty structure with five levels of severity and three sub-categories (corporation, corporate officer, individual) at each level — 15 distinct penalty combinations","Complex definition of 'coal mine' with six alternative limbs, exclusions, and carve-outs for post-abandonment state works","Intricate rules governing when a surface mine can be split into 'separate parts' with different operators, including detailed definitions of 'geographically separated' and 'physical overlapping'","Interplay with multiple other statutes: Mineral Resources Act 1989, Rail Safety National Law (Queensland), Petroleum and Gas (Production and Safety) Act 2004, Petroleum Act 1923","Risk management framework requiring understanding of 'acceptable level of risk', 'as low as reasonably achievable', 'principal hazards', 'critical controls', and 'residual risk' — these are technical concepts with legal significance","Distinction between how obligations are discharged depending on whether a regulation, a recognised standard, or neither applies — three different compliance pathways","Obligations extend to remote operations centre (ROC) workers, capturing workers not physically located at the mine site","Significant definitional complexity across 20+ defined terms in the preliminary provisions alone, with a further dictionary in Schedule 3","Numerous amendments from 2000 to 2024 creating a patchwork of provisions that must be read together"],"plain_english_summary":"## Coal Mining Safety and Health Act 1999 (Queensland)\n\n### What is this law?\nThis is Queensland's main safety law for coal mines and coal mining operations. It sets out who is responsible for keeping people safe at coal mines, what those responsibilities look like in practice, and what happens if they're not met.\n\n### Who does it affect?\nPretty much everyone connected to coal mining in Queensland:\n- **Coal mine operators** (the companies or people running mines)\n- **Site senior executives** (the most senior person physically at or near the mine)\n- **Coal mine workers** (including people working remotely from an operations centre)\n- **Contractors and their workers** (tradespeople, service providers, etc.)\n- **Equipment designers, manufacturers, importers and suppliers** (anyone who makes or supplies machinery or chemicals used at mines)\n- **Visitors and other people** at or near a coal mine\n\n### What does it actually require?\n\n**The core idea** is that risks at coal mines must be kept to an *acceptable level* — meaning as low as reasonably achievable, not just within tolerable limits. Everyone has a role in making that happen.\n\n**Key requirements include:**\n- Every coal mine must have a **Safety and Health Management System** — a documented, site-specific plan for identifying and managing risks\n- Mine operators must appoint a **Site Senior Executive** who must physically be at or near the mine (with limited exceptions for short absences)\n- Contractors must submit their own safety plans and get them approved before starting work\n- Workers must be properly trained and inducted before beginning work\n- Equipment makers and suppliers must ensure their products are safe, and must report known defects to the chief inspector\n- If risks become unacceptable, workers must be evacuated and the situation fixed — this can be triggered by operators, safety representatives, inspectors, or even workers themselves\n\n**Industry-level oversight** is provided through:\n- A **Coal Mining Safety and Health Advisory Committee** (industry stakeholders advising on safety strategies)\n- **Industry Safety and Health Representatives** (appointed to represent workers across the industry)\n- **Site Safety and Health Representatives** (elected by workers at individual mines)\n\n### What are the penalties for getting it wrong?\nSerious. Penalties scale based on the harm caused:\n- **Multiple deaths**: up to 30,000 penalty units for a company, or 3 years jail for individuals\n- **Death or grievous bodily harm** (severe physical injury): up to 15,000 penalty units for companies\n- **Bodily harm**: up to 7,500 penalty units for companies\n- **Exposure to dangerous substances**: up to 7,500 penalty units for companies\n- **Other breaches**: up to 5,000 penalty units for companies\n\nNote: Company directors and officers can be personally liable, not just the company itself.\n\n### Why does it matter?\nCoal mining is one of Australia's most hazardous industries. This law creates a detailed web of legal responsibilities to prevent injuries and deaths — spreading accountability across every level of the industry, from the company boardroom to the individual worker, and even to equipment manufacturers who may never set foot on a mine site."},"issue_detection":{"absurdities":[{"type":"other","section":"sec.9(1)(c)","severity":"medium","reasoning":"The Act defines an illegal operation as a 'coal mine,' thereby imposing safety obligations on persons conducting unlawful activities. While the policy intent may be to protect workers even at illegal sites, this creates the paradox that an illegal operator is simultaneously required to comply with the Act's safety obligations (e.g., appoint a site senior executive, develop a safety and health management system) while their very operation is unlawful. Enforcement becomes practically absurd: prosecuting an illegal operator for safety breaches while their underlying activity is already unlawful, and legal compliance frameworks like mining tenures are prerequisites for many of the Act's mechanisms.","confidence":0.72,"description":"A place where on-site activities are carried on unlawfully (because land is not subject to a mining tenure) is defined as a coal mine, meaning illegal mining operations are formally regulated as if they were legitimate coal mines under the Act."},{"type":"self_contradicting","section":"sec.9(1)(d) and sec.9(3)","severity":"medium","reasoning":"If a contractor is engaged by the State to secure an abandoned mine, it is ambiguous whether the carve-out in s.9(3) applies (work done 'by or for the State'). If 'for the State' captures contractors, then the inclusion in s.9(1)(d) is almost entirely hollowed out, since most post-abandonment securing work is either by or for government agencies. The provision creates uncertainty about when the site reverts to or from 'coal mine' status, undermining the protective purpose of the inclusion.","confidence":0.65,"description":"Section 9(1)(d) includes within the definition of 'coal mine' a place that was a coal mine while works are done to secure it after abandonment, but section 9(3) then carves out State-conducted security works, creating a situation where the same securing activity either is or is not a coal mine depending solely on who performs it, with no transitional mechanism if the State hands work to a contractor mid-task."},{"type":"self_contradicting","section":"sec.3(1) and sec.3(2)","severity":"medium","reasoning":"The entire enforcement architecture of the Act relies on prosecution and penalties (see s.34). Declaring that the Act 'binds' the State while simultaneously immunising it from prosecution creates a meaningless obligation for State entities operating coal mines. A State-operated coal mine could breach every safety obligation without criminal consequence, creating an unequal compliance regime compared to private operators facing substantial penalties including imprisonment of officers.","confidence":0.78,"description":"The Act binds the State but explicitly immunises the State from prosecution for offences, meaning the State can be bound by safety obligations it can never be criminally punished for breaching, rendering State obligations essentially unenforceable through the Act's primary enforcement mechanism."},{"type":"circular_definition","section":"sec.5A(3)","severity":"low","reasoning":"The definition of mining railway excludes railways already captured by s.7(1)(a) of the Rail Safety National Law, yet s.5A(2) then applies to exclude the Act where that other law applies. The interplay between what is a 'mining railway' for the purposes of this section and what the Rail Safety National Law covers may produce gaps where neither law applies or both laws apply to the same railway, depending on interpretation of s.7(1)(a) of that Act.","confidence":0.55,"description":"The definition of 'mining railway' in s.5A(3) is defined as 'a railway that is in a mine other than a railway mentioned in the Rail Safety National Law (Queensland), section 7(1)(a).' The section then uses this definition to determine when this Act does not apply — but the definition itself incorporates the very railways that fall under the other law, creating a potentially circular boundary."},{"type":"self_contradicting","section":"sec.25(1) and sec.25(2)","severity":"medium","reasoning":"The entire purpose of a site senior executive is to provide on-site safety and health leadership (see obligations in s.42). An officer who is not required to be at or near the mine cannot practically fulfil obligations such as ensuring pre-shift inspections, supervising contractors, or monitoring working environments. The exemption for exploration activities effectively creates a paper-based site senior executive role with no physical presence requirement, undermining the safety rationale of the position.","confidence":0.7,"description":"The site senior executive must be 'located at or near the coal mine' (s.25(1)(a)), but s.25(2) explicitly disapplies this location requirement for officers responsible for exploration activities, creating a class of site senior executives who may never actually be at the site they are nominally senior executive for."},{"type":"other","section":"sec.41(1)(e)","severity":"medium","reasoning":"The provision allows temporary absence of up to 14 days where duties require it (s.41(1)(e)(i)) and up to 14 days for leave (s.41(1)(e)(ii)). There is no express requirement that these two exceptions cannot run concurrently or sequentially without an acting appointment. Combined with the definition of 'acting site senior executive' presumably found elsewhere, this creates potential for extended periods without effective on-site senior executive oversight, contrary to the Act's safety objectives.","confidence":0.6,"description":"The coal mine operator must ensure the site senior executive is located at or near the coal mine, but the allowable absence period of 'not more than 14 days' for both duty-related absence and leave absence can apply simultaneously, potentially permitting absences of up to 28 days with no alternative arrangement mandated."},{"type":"impossible_compliance","section":"sec.37(1) and sec.37(3)","severity":"medium","reasoning":"If a regulation prescribes Method A, a person who develops Method B that is objectively safer cannot use it lawfully. This is internally inconsistent with the Act's overarching objective under s.6(b) to require risk 'at an acceptable level' and s.29's definition of acceptable risk as 'as low as reasonably achievable.' A prescribed method that becomes outdated by better technology cannot be departed from without regulatory amendment, potentially locking the industry into inferior safety practices.","confidence":0.75,"description":"Where a regulation prescribes a way of achieving acceptable risk, a person 'may discharge the obligation only by following the prescribed way,' but where only a recognised standard applies, a person may alternatively follow 'another way that achieves a level of risk that is equal to or better.' This creates an inflexible compliance pathway for regulated risks but a flexible one for standard-governed risks, even if an alternative method is demonstrably safer than the prescribed regulatory method."},{"type":"circular_definition","section":"sec.12","severity":"low","reasoning":"The definition presupposes an objective external 'standard' without identifying who sets it or how it is measured. The Act provides no method to determine what the 'standard necessary for safety and health' is independently of the very competence being assessed. In practice, the determination of competence may therefore be self-referential.","confidence":0.55,"description":"Competence is defined as 'demonstrated skill and knowledge required to carry out the task to a standard necessary for the safety and health of persons,' which is circular: competence is defined by reference to a 'standard' that is itself not defined, and that standard is presumably assessed by someone who must themselves be competent."},{"type":"impossible_compliance","section":"sec.43(1)(d) and sec.42(1)(d)-(e)","severity":"medium","reasoning":"The contractor needs SSE-provided system information (s.42(1)(d)) to properly identify risks and prepare its management plan (s.43(1)(d)(i)). But the contractor cannot provide its plan until it has the information. Simultaneously, the SSE cannot review and require changes to the plan (s.42(1)(e)) until the plan is received. The Act does not sequence these obligations, creating a potential deadlock or requiring implied good-faith pre-commencement information exchange not expressly mandated.","confidence":0.68,"description":"A contractor cannot commence work until it has given the site senior executive a safety and health management plan and the site senior executive has required and received all changes. However, the site senior executive's obligation to give the contractor relevant system information (s.42(1)(d)) appears to arise as an obligation of the SSE independently, creating a chicken-and-egg problem as to which party must act first."}],"contradictions":[{"severity":"low","section_a":"sec.41(1)(f)(i)","section_b":"sec.42(1)(c)","confidence":0.7,"description":"Section 41(1)(f)(i) obliges the coal mine operator to ensure the site senior executive 'develops and implements' a safety and health management system, while s.42(1)(c) directly obliges the site senior executive to 'develop and implement' that same system. This double-imposes the obligation on both parties without clarifying their respective roles or what happens when they conflict."},{"severity":"medium","section_a":"sec.29(1)","section_b":"sec.6(b)","confidence":0.65,"description":"Section 6(b) states an object of the Act is to 'require that the risk of injury or illness to any person resulting from coal mining operations be at an acceptable level,' while s.29(1) defines acceptable level as requiring risk to be both 'within acceptable limits' AND 'as low as reasonably achievable.' The object suggests a fixed threshold ('acceptable level') whereas the definition imposes a continuous improvement obligation ('as low as reasonably achievable') that may never be satisfied, creating tension between the stated objective and the operative standard."},{"severity":"low","section_a":"sec.36","section_b":"sec.35","confidence":0.58,"description":"Section 36 declares that imposing an obligation on one person does not relieve another person of their obligations, while s.35 acknowledges a person may hold multiple obligations simultaneously. Together, these provisions mean that in a scenario where a coal mine operator, site senior executive, and contractor each owe overlapping obligations for the same risk, all are simultaneously liable for the same failure, but the Act provides no mechanism for apportioning responsibility or preventing duplicative prosecution for a single unsafe outcome."},{"severity":"medium","section_a":"sec.21(2)","section_b":"sec.21(4)(a)","confidence":0.62,"description":"Section 21(2) allows appointment of an operator for a 'separate part of a surface mine,' but s.21(4)(a) requires that part to be 'geographically separated' from the rest of the mine. Section 22 defines 'geographically separated' as requiring a 'clear boundary.' However, s.21(4)(b) additionally requires no 'physical overlapping of coal mining operations.' It is possible for two areas to be geographically separated (clear boundary) yet have physical overlapping operations as defined in s.23(1) (e.g., shared haul roads crossing the boundary), making simultaneous compliance with both criteria potentially impossible in practice."},{"severity":"high","section_a":"sec.39A(2)(d)","section_b":"sec.39A(2)(f)","confidence":0.72,"description":"Section 39A(2)(d) obliges workers to comply with instructions given by the coal mine operator, site senior executive, or supervisor for safety and health, while s.39A(2)(f) obliges workers not to do anything 'wilfully or recklessly that might adversely affect the safety and health of someone else.' If a supervisor gives an instruction that would adversely affect the safety and health of another person, the worker faces directly contradictory obligations with no hierarchy of precedence provided in the section."},{"severity":"high","section_a":"sec.44(1)","section_b":"sec.44(2)","confidence":0.82,"description":"Section 44(1) imposes an obligation on 'a designer or importer' to ensure the plant is 'designed so that, when used properly, the risk is at an acceptable level,' while s.44(2) imposes an obligation on 'a manufacturer or importer' to ensure the plant is 'constructed' to the same standard. An importer bears both design and construction obligations under ss.(1) and (2), yet an importer by definition neither designs nor manufactures the plant and may have no ability to alter the design or construction. This creates an impossible compliance obligation for importers."},{"severity":"medium","section_a":"sec.10(2)(b)","section_b":"sec.10(2)(c)","confidence":0.6,"description":"Section 10(2)(b) excludes from on-site activities 'transporting product from a coal mine on public roads or public railways or on any other railway,' while s.10(2)(c) separately excludes 'constructing and installing surface railways.' If constructing a surface railway is excluded, but using 'any other railway' for transport is also excluded, the Act potentially excludes both the construction and use of private surface railways from regulation, creating a gap in coverage for an entire category of mine infrastructure."}]},"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":16,"completionTokens":3367},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown significantly beyond its original 1999 safety framework. Major additions include industrial manslaughter offences for employers and senior officers (Part 3A), detailed joint interaction management plans for mines overlapping with petroleum and gas authorities (Part 4, Division 3A), expanded competency and appointment rules for surface and underground mine managers and engineers, duties for corporate officers (Division 3A), and carve-outs for rail safety and underground gasification."},"complexity_factors":["Over 30 defined terms in Part 1 Division 4 with layered, conditional definitions (e.g., 'coal mine', 'coal mine operator', 'on-site activities', 'geographically separated').","Complex nested appointment rules and exceptions for key roles (site senior executive, mine managers, ventilation officers) with geographic separation tests and eligibility carve-outs.","Multi-tiered penalty matrix in section 34 linking fines and imprisonment to specific harm outcomes and entity type (corporations, officers, individuals).","Extensive cross-referencing to other Queensland statutes including the Petroleum and Gas (Production and Safety) Act 2004, Mineral Resources Act 1989, and Rail Safety National Law.","Hierarchical compliance and defence structure (sections 37, 38, 48) dependent on whether regulations, recognised standards, or neither exist.","Added Part 3A creating industrial manslaughter offences with separate crimes for employers and senior officers.","Part 4 Division 3A mandates joint interaction management plans for overlapping resource authorities, requiring consultation, arbitration triggers, and detailed content requirements."],"plain_english_summary":"**What this law does**\nThe *Coal Mining Safety and Health Act 1999* sets the rules for keeping people safe and healthy at coal mines in Queensland. It applies to everyone involved in coal mining — from underground and surface workers, to the company running the mine, contractors, equipment suppliers, and senior corporate leaders.\n\n**Who it affects**\n- **Coal mine workers** and **contractors** at coal mines.\n- **Coal mine operators** and **site senior executives** (the most senior manager on site).\n- **Holders** of mining tenements (the legal right to mine the land).\n- **Designers, manufacturers, importers, and suppliers** of equipment or substances used at mines.\n- **Officers of corporations** (senior leaders like directors) who must personally exercise **due diligence** (reasonable steps) to ensure the company complies.\n\n**Main requirements**\n- **Risk management:** Every mine must have a single written **safety and health management system** — a plan to identify, assess, and control dangers so that risk is at an **acceptable level** (meaning within acceptable limits and as low as reasonably achievable).\n- **Clear roles and competencies:** The law sets strict rules about who can be appointed to key jobs, such as underground mine manager, surface mine manager, open-cut examiner, electrical and mechanical engineering managers, and ventilation officer. Many roles require specific certificates of competency and practising certificates.\n- **Safety and health obligations:** People at mines have legal duties to work safely, follow the mine’s safety plans, share safety information, and not expose anyone to unacceptable risks. Company officers must take reasonable steps to ensure the company meets its obligations.\n- **Penalties and industrial manslaughter:** Breaking safety obligations can lead to heavy fines or imprisonment. The law includes **industrial manslaughter** crimes if an employer’s or senior officer’s negligent conduct causes a worker’s death.\n- **Worker representation:** Coal mine workers can elect **site safety and health representatives** to inspect the mine, report hazards, and in dangerous situations order work to stop. There are also **industry safety and health representatives** appointed by unions to act across the industry.\n- **Inspectors and enforcement:** Government inspectors can enter mines without notice, investigate incidents, issue directives, and require corrective action.\n- **Overlapping resources:** If coal mining happens near or under petroleum or gas operations, the mine must develop a **joint interaction management plan** with the other operator to manage shared risks.\n\n**Why it matters**\nThe law is designed to prevent deaths, serious injuries, and illnesses in one of Australia’s most dangerous industries. It places responsibility on everyone in the chain — from the boardroom to the mine face — and gives workers and inspectors strong powers to step in before a disaster happens."}},"importantCases":[],"_links":{"self":"/api/acts/coal-mining-safety-and-health-act-1999","history":"/api/acts/coal-mining-safety-and-health-act-1999/history","analysis":"/api/acts/coal-mining-safety-and-health-act-1999/analysis","conflicts":"/api/acts/coal-mining-safety-and-health-act-1999/conflicts","importantCases":"/api/acts/coal-mining-safety-and-health-act-1999/important-cases","documents":"/api/acts/coal-mining-safety-and-health-act-1999/documents"}}