{"id":"F2008B00381","name":"Mutual Recognition Act 1992 - Section 32 - Ministerial Declaration (25/05/2001)","slug":"mutual-recognition-act-1992-section-32-ministerial-declaration-25-05-2001","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":73319,"registerId":"commonwealth-F2008B00381-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mutual Recognition Act 1992 - Section 32 - Ministerial Declaration (25/05/2001)","content":"MUTUAL RECOGNITION ACT 1992 – S.32\n\nMinisterial Declaration\n\nWhereas no underground coal mines exist in South Australia, we jointly declare that:\n\nI\n\n(a) the occupation which may be carried on only by a person granted a South  \nAustralian Certificate Item A in Schedule 1; and\n\n(b) the occupation which may be carried on only by a person granted a New South  \nWales Certificate Item F in Schedule 1.\n\nare equivalent; and\n\nII\n\n(a) the occupations which may be carried on only by a person granted a South  \nAustralian Certificate Item B in Schedule 1; and\n\n(b) the occupations which may be carried on only by a person granted both New  \nSouth Wales Certificate Items D and F in Schedule 1\n\nare equivalent; and\n\nIII\n\n(c) the occupation which may be carried on only by person granted a South  \nAustralian Certificate Item C in Schedule 1; and\n\n(d) the occupation which may be carried on only by a person granted a New South  \nWales Certificate Item E in Schedule 1\n\nare equivalent.\n\nDated this 25th day of May 2001.\n\nThe Honourable Wayne Mathew MP\n\nSouth Australian Minister for Minerals and Energy and  \nMinister Assisting the Deputy Premier\n\nDated this 25th day of May 2001.\n\nThe Honourable Edward Obeid OAM MLC\n\nNew South Wales Minister for Mineral Resources\n\n  \nSCHEDULE 1\n\nDOMAINS OF MINING BEING LEGALLY APPLICABLE TO THE STATUTORY CERTIFICATES OF MINE MANAGEMENT COMPETENCY HEREUNDER, FOR SOUTH AUSTRALIA AND NEW SOUTH WALES\n\nThe hatched domain indicates there are no underground coal mines in South Australia.\n\nThe table only depicts those certificates referenced in Ministerial Declarations.\n\n| DOMAIN      | METALLIFEROUS                                      | COAL                                               |\n| ----------- | -------------------------------------------------- | -------------------------------------------------- |\n| Open-cut    | South Australia: Item BNew South Wales: Item D     | South Australia: Items A, BNew South Wales: Item F |\n| Underground | South Australia: Items B, CNew South Wales: Item E | South Australia: Items A, B                        |\n\n| Item | State | Certificate                                                                             | Statute                                                                                                        |\n| ---- | ----- | --------------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------- |\n| A    | SA    | First class mine manager’s certificate of competency restricted to coal mines.          | Mines and Works Inspection Act 1920 as amended, andthe Mines and Work Inspection Regulations 1966 as amended.  |\n| B    | SA    | First class mine manager’s certificate of competency.                                   | Mines and works Inspection Act 1920 as amended, andthe Mines and Works Inspection Regulations 1966 as amended. |\n| C    | SA    | First class underground mine manager’s certificate of competency.                       | Mines and Works Inspection Act 1920 as amended andthe Mines and Works Inspection Regulations 1966 as amended.  |\n| D    | NSW   | Above ground mine manager’s certificateof competency (metalliferous mines).             | Part 2, Divisions 1, 2A and 3 of the Mines Inspection Act 1901 No. 75 as amended.                              |\n| E    | NSW   | Below ground mine manager’s certificateof competency (underground metalliferous mines). | Part 2, Divisions 1, 2A and 3 of the Mines Inspection Act 1901 No. 75 as amended                               |\n| F    | NSW   | Open cut mine manager’s certificate of competency (open cut coal mines).                | Part 2, Divisions 2, 3 and 4of the Coal MinesRegulation Act 1982 No. 67 as amended                             |","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The declaration does not amend the underlying state statutes; it confines mutual recognition to the specific certificate items listed in Schedule 1 and does not expand entitlement beyond those items. Its effect is to treat the named SA and NSW certificates as equivalent for purposes of mutual recognition, subject to the Schedule's domains and the noted absence of underground coal mines in South Australia."},"complexity_factors":["Cross‑jurisdictional mapping of occupational certificates between two state regimes (requires matching different statutory schemes).","Reliance on Schedule 1 and named certificate 'items' rather than explicit statutory text (necessitates reference to the table to see scope).","Composite equivalence in one mapping (South Australia Item B equated to New South Wales Items D and F) increases interpretive detail.","References to several historical state statutes governing the certificates (Mines and Works Inspection Act 1920; Mines Inspection Act 1901; Coal Mines Regulation Act 1982).","Operational caveat explicitly recorded (South Australia has no underground coal mines), affecting practical applicability.","Legal effect is declaratory rather than amending existing statutes, which requires administrators to treat certificates as equivalent without changing underlying law."],"plain_english_summary":"Mechanically, this ministerial declaration says specific South Australian and New South Wales mine‑manager certificates listed in Schedule 1 are legally equivalent for mutual recognition. It affects holders of those listed certificates, employers who hire mine managers, and the state regulators who recognise competency. It matters because holders mapped as equivalent can be treated as qualified across the two jurisdictions without getting duplicate certificates; the equivalence is limited to the exact certificate items listed and notes South Australia has no underground coal mines."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This declaration operates exactly within the original scope of the Mutual Recognition Act 1992, which was designed to facilitate cross-border recognition of occupational registrations. It is a specific implementation of the Act's framework for mining certificates, not an expansion beyond the original purpose."},"complexity_factors":["Heavy reliance on external schedules and cross-referenced certificate items (Items A-F) rather than describing the occupations directly in the legislative text","Requires reading the declaration alongside Schedule 1 tables to understand which specific certificates are being matched","Nested logic: some equivalencies require holding multiple certificates (e.g., 'both New South Wales Certificate Items D and F')","Domain-specific terminology (metalliferous, open-cut, underground) assumes mining industry knowledge","References to repealed or amended state legislation (Mines and Works Inspection Act 1920, Coal Mines Regulation Act 1982) create historical tracking complexity"],"plain_english_summary":"This 2001 declaration lets mine managers licensed in South Australia or New South Wales work in the other state without requalifying by formally recognising equivalent certificates. It applies to managers in open‑cut coal, underground metalliferous and other mining operations, easing interstate mobility and removing duplicate licensing.\n\nBy aligning differently named SA and NSW certificates as equivalent, it acknowledges the same core skills and safety competencies across jurisdictions and removes barriers where SA has no underground coal operations."}},"importantCases":[],"_links":{"self":"/api/acts/mutual-recognition-act-1992-section-32-ministerial-declaration-25-05-2001","history":"/api/acts/mutual-recognition-act-1992-section-32-ministerial-declaration-25-05-2001/history","analysis":"/api/acts/mutual-recognition-act-1992-section-32-ministerial-declaration-25-05-2001/analysis","conflicts":"/api/acts/mutual-recognition-act-1992-section-32-ministerial-declaration-25-05-2001/conflicts","importantCases":"/api/acts/mutual-recognition-act-1992-section-32-ministerial-declaration-25-05-2001/important-cases","documents":"/api/acts/mutual-recognition-act-1992-section-32-ministerial-declaration-25-05-2001/documents"}}