The Act dissolves the Joint Coal Board and Mines Rescue Board and vests their staff, assets, functions and liabilities in Minister‑approved private companies and a continued Mines Rescue Brigade, preserving employee entitlements. It makes mine owners and employers financially and operationally responsible for rescue capacity—mandatory contributions, staffing and equipment—while approved companies carry out rescue, safety, training and workers‑compensation roles. The change shifts funding from the State to industry, concentrates governance (MEU and Minerals Council nominations), and creates inspection, penalty and review powers.
The Coal Industry Act 2001 (NSW) is a machinery statute that replaced two long-standing statutory corporations—the Joint Coal Board (constituted under the Coal Industry Act 1946 (Cth) and (NSW)) and the Mines Rescue Board (constituted under the repealed Mines Rescue Act 1994)—with a privatised, industry-governed model of service delivery for the New South Wales coal sector.
At its core the Act does four things. First, it effects immediate dissolution and transfer: on the “dissolution date” (the day s 4(1) of the Commonwealth Coal Industry Repeal Act 2001 commenced) the Joint Coal Board is dissolved in so far as it existed under NSW law (s 5(1)), its assets, rights and liabilities vest automatically in the Ministerial Holding Corporation (s 6(1)), and the Minister may then gazette their onward transfer to one or more approved companies (s 7). The Mines Rescue Board is separately dissolved with its undertaking transferred directly to the mines rescue company (s 8 and Sch 3).
Second, the Act creates a Ministerial approval regime for “approved companies”. Under s 9 the Minister may approve a company registered under the Corporations Act 2001 (Cth) only if (a) it is owned in equal shares by the Mining and Energy Union (MEU) and the NSW Minerals Council or is a wholly-owned subsidiary of an already approved company, (b) its constitution contains the entrenchment and Ministerial-control clauses set out in Sch 5, and (c) at least one approved company’s objects include administration of superannuation schemes under the Coal and Oil Shale Mine Workers (Superannuation) Act 1941. No more than one company may be approved to perform the mines rescue function (s 9(3)(c)) or the workers compensation function (s 9(3)(d)). Once approved, the company’s functions are those listed in its Gazette notice plus any ancillary powers (ss 10–11).
Current sections
Direct links to the current provisions in Coal Industry Act 2001.
This Act commences on a day or days to be appointed by proclamation.
3
Definitions
3 Definitions
3 Definitions
In this Act—
approved company means a company approved under section 9.
assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.
Brigade means the Mines Rescue Brigade established by this Act.
coal includes oil shale and kerosene shale, but does not include peat.
dissolution date means the date on which section 4 (1) of the Coal Industry Repeal Act 2001 of the Commonwealth commences.
emergency means an emergency due to an actual or imminent occurrence (such as fire, explosion, accident or flooding) that has resulted in the death of, or injury to, a person or is endangering or is threatening to endanger the life or physical well-being of a person.
employer in the coal industry means any employer whose employees work in or about a coal mine.
exercise a function includes perform a duty.
former members of the JCB staff means the members of staff of the Joint Coal Board immediately before the dissolution of that Board.
mine means any pit or other place where mining is carried on or which is being developed for mining to be carried on, and includes a quarry and a salt-pan (whether occurring naturally or created artificially) and also includes any place, located at or in the vicinity of the mine, where material extracted from the mine is processed.
Minerals Council means the New South Wales Minerals Council Limited (ACN 002 500 316).
Mines Rescue Board means the corporation constituted by the former 1994 Act.
mines rescue company means the company for the time being approved under section 9 to exercise the functions referred to in section 10 (1) (k) (that is, functions under Division 3 of Part 3 and Part 4).
mining means extracting material from land for the purpose of recovering coal or other minerals from the material or of rehabilitating land from which any such material has been extracted, and includes the following—
(a) loading, conveying and unloading any such material,
owner of a mine means any person who is the immediate proprietor, lessee or occupier of the mine, and includes—
(a) if the mine is being worked by a person who is a liquidator, provisional liquidator, administrator, controller or other person authorised by law to carry on the business of working the mine—that person, or
(b) if the mine belongs to, or is held in trust for, the Crown or a statutory authority—the Crown or that statutory authority, or
(c) if the mine is being worked by a contractor—that contractor,
but does not include a person who—
(d) merely receives a royalty or rent from the mine, or
(e) is merely the owner or lessee of the mine, subject to a lease, grant or licence to, or contract with, another person to work it, or
(f) is merely the owner of the soil in the mine,
and who is not otherwise interested in the coal or other minerals in the mine.
rights means all rights, powers, privileges and immunities (whether present or future and whether vested or contingent).
Tribunal means the Civil and Administrative Tribunal.
underground coal mine means a coal mine in which persons are employed underground while the mine is being worked.
workers compensation company means the company for the time being approved under section 9 to exercise the functions referred to in section 10 (1) (m).
s 3: Am 2013 No 95, Sch 2.29 [1]; 2018 No 19, Sch 1; 2023 No 40, Sch 2[1] [2].
4
Notes
4 Notes
4 Notes
Notes included in this Act do not form part of this Act.
Part 2
Dissolution of Joint Coal Board and Mines Rescue Board
Part 2 Dissolution of Joint Coal Board and Mines Rescue Board
Part 2 Dissolution of Joint Coal Board and Mines Rescue Board
5
Dissolution of Joint Coal Board
5 Dissolution of Joint Coal Board
5 Dissolution of Joint Coal Board
(1) On the dissolution date, the Joint Coal Board is dissolved in so far as it is constituted pursuant to the Coal Industry Act 1946.
(2) The Minister, by order published in the Gazette—
(a) is to name each former member of the JCB staff, and
(b) is to specify an approved company in relation to each former member of the JCB staff so named.
(3) Such an order, whether made before or after the dissolution date, has, or is taken to have, effect on the dissolution date.
(4) Schedule 1 has effect.
6
Transfer of assets, rights and liabilities of Joint Coal Board
6 Transfer of assets, rights and liabilities of Joint Coal Board
6 Transfer of assets, rights and liabilities of Joint Coal Board
(1) On the dissolution date, the assets, rights and liabilities of the Joint Coal Board are transferred to the Ministerial Holding Corporation.
(2) However, any such asset that is a Commonwealth record (within the meaning of the Archives Act 1983 of the Commonwealth) is excluded from the transfer unless the National Archives of Australia has given permission, under section 24 (2) (b) of that Act, for the transfer.
(3) Schedule 2 applies to the transfer effected by this section.
7
Transfer of specified assets, rights and liabilities of Joint Coal Board
7 Transfer of specified assets, rights and liabilities of Joint Coal Board
7 Transfer of specified assets, rights and liabilities of Joint Coal Board
(1) The Minister may, by order in writing published in the Gazette, transfer any such assets, rights and liabilities of the Joint Coal Board—
(a) as were transferred to the Ministerial Holding Corporation under section 6 (1), and
(b) as are specified or referred to in the order,
to an approved company.
(2) Despite section 37B (5) and (6) of the State Owned Corporations Act 1989, the Ministerial Holding Corporation must not dispose of any asset, right or liability (being an asset, right or liability transferred to it by this Act) otherwise than in accordance with an order of the Minister under this section.
(3) An order under this section takes effect on the date specified in the order.
(4) Schedule 2 applies to a transfer under this section.
8
Dissolution of Mines Rescue Board
8 Dissolution of Mines Rescue Board
8 Dissolution of Mines Rescue Board
(1) The Mines Rescue Board is dissolved.
(2) Schedules 3 and 4 have effect.
Part 3
Approved companies
Part 3 Approved companies
Part 3 Approved companies
Division 1
Approval of companies
Division 1 Approval of companies
Division 1 Approval of companies
9
Minister may approve of one or more companies
9 Minister may approve of one or more companies
9 Minister may approve of one or more companies
(1) The Minister may approve (either conditionally or unconditionally) of one or more companies registered under the Corporations Act for the purpose of exercising one or more of the functions set out in Division 2 or 3 of this Part and in Part 4 if the constitution of the company concerned contains—
(a) a statement of the company’s objects that reflects the functions concerned, and
(b) provisions to the effect of those set out in Schedule 5.
(2) The Minister may approve of a company for that purpose even though the company has a constitution containing additional provisions, so long as those provisions are not inconsistent with any provision of the constitution required by subsection (1).
(3) However, the Minister must not—
(a) approve of any company unless the company—
(i) is wholly owned in equal shares by the MEU, or by a company wholly owned by the MEU, and the Minerals Council, or a wholly-owned subsidiary of the Minerals Council, or
(ii) is the wholly-owned subsidiary of another approved company, or
(b) approve of any one or more companies unless the statement of objects of at least one of the companies includes the object of establishing or administering (or establishing and administering), or providing administrative services in respect of, superannuation schemes for the benefit of mine workers (within the meaning of the Coal and Oil Shale Mine Workers (Superannuation) Act 1941), former mine workers and their dependants, or
(c) approve 2 or more companies to exercise the function specified in section 10 (1) (k) at the same time, or
(d) approve 2 or more companies to exercise the function specified in section 10 (1) (m) at the same time.
(4) The Minister’s approval is to be given by a notice that—
(a) is published in the Gazette, and
(b) specifies any conditions of the approval, and
(c) specifies the functions that the company is approved, under this Part, to exercise.
(5) In addition to any other functions it has under its constitution, an approved company has the functions specified in its notice of approval.
(6) The Minister is to act in accordance with such provisions of the constitution of an approved company as are set out in Schedule 5.
Note—
The constitution of an approved company will require (among other things) the Minister to appoint the directors of the company.
s 9: Am 2023 No 40, Sch 2[3].
Division 2
Functions of approved companies
Division 2 Functions of approved companies
Division 2 Functions of approved companies
10
General functions
10 General functions
10 General functions
(1) An approved company must exercise such of the following functions as are specified in its notice of approval—
(a) providing work health and rehabilitation services for workers engaged in the coal industry, including providing preventive medical services, monitoring workers’ health and investigating related health matters,
(b) collecting, collating and disseminating accident and other statistics relating to the health and safety of workers engaged in the coal industry,
(c) collecting, collating and disseminating other statistics related to the coal industry,
(e) reporting to the Minister as it thinks fit, or when requested by the Minister, on matters related to the health or welfare of workers engaged in the coal industry, or on any other matter arising out of its functions,
(f) publishing reports and information of public interest concerning or arising out of its functions,
(g) promoting the welfare of workers and former workers in the coal industry in the State, their dependants and communities in coal mining areas,
(h) monitoring, promoting and specifying adequate training standards relating to health and safety for workers engaged in the coal industry,
(k) providing mines rescue and other services in accordance with Division 3 of this Part and Part 4,
(l) establishing or administering (or establishing and administering), or providing administrative services in respect of, superannuation schemes for the benefit of either or both of the following—
(ii) employees of the approved company, former employees and their dependants,
(m) establishing or administering (or establishing and administering), or providing, workers compensation insurance schemes in relation to workers engaged in the coal industry.
(2) In addition, an approved company may do either or both of the following—
(a) provide courses in the production and utilisation of coal under international development assistance programs sponsored or administered by the Commonwealth Government or approved by the Minister,
(b) undertake, or take part in, any other activities of benefit to the coal industry in New South Wales as determined by the directors of the company from time to time.
s 10: Am 2002 No 129, Sch 2.2 [1] [2]; 2011 No 67, Sch 4.1 [1]; 2013 No 54, Sch 3.2 [1] [2]; 2015 No 43, Sch 4.2.
11
Ancillary functions
11 Ancillary functions
11 Ancillary functions
For the purpose of exercising its functions, an approved company may—
(a) undertake or arrange for research, inquiries, investigations, surveys, tests and inspections, and
(b) require the keeping and furnishing of statistics, returns and other information relating to matters concerning or arising out of the company’s functions under this Act.
12
Powers relating to health of mine workers
12 Powers relating to health of mine workers
12 Powers relating to health of mine workers
(1) If an approved company is of the opinion that the health of workers at a coal mine is endangered, or is likely to be endangered, by any conditions at the mine or methods in operation at the mine, the approved company may, by notice in writing, require the owner or manager of the mine to do or refrain from doing such things specified in the notice as are necessary to protect the health of the workers.
(2) An owner or manager of a coal mine must not, without reasonable excuse, refuse or fail to comply with a requirement made under this section.
Maximum penalty—200 penalty units in the case of a corporation or 50 penalty units in the case of an individual.
(3) However, the owner or manager concerned may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of a decision of an approved company imposing a requirement under this section.
(4) If such an application is made—
(a) proceedings against the applicant for an offence under this section may not be instituted, and
(b) any such pending proceedings are stayed,
until the completion of the review process.
(5) In this section, approved company means an approved company whose approval extends to the exercise of functions under this section.
s 12: Am 2013 No 95, Sch 2.29 [2].
13
Orders of approved company
13 Orders of approved company
13 Orders of approved company
(1) An approved company may, with the approval of the Minister, make orders, not inconsistent with this Act or the regulations, for or with respect to the approved company’s functions.
(2) Without limiting subsection (1), an order under this section may make requirements of the kind specified in section 11 (b).
(3) An approved company may, with the approval of the Minister, by order vary or revoke any order made under this section.
(4) An order made under this section—
(a) must be published in the Gazette, and
(b) takes effect on the day it is so published (or, if a later day is specified in the order for that purpose, on the later day so specified).
(5) Subsection (4) (b) does not prevent an order from specifying different days in relation to different portions of the order.
(6) A person must not, without reasonable excuse, refuse or fail to comply with an order made under this section.
Maximum penalty—200 penalty units in the case of a corporation or 50 penalty units in the case of an individual.
(7) However, a person who is required to comply with an order made under this section may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision of the approved company that gave rise to the order.
(8) If such an application is made—
(a) proceedings against the applicant for an offence under this section may not be instituted, and
(b) any such pending proceedings are stayed,
until the completion of the review process.
s 13: Am 2013 No 95, Sch 2.29 [3].
Division 3
Principal functions of mines rescue company
Division 3 Principal functions of mines rescue company
Division 3 Principal functions of mines rescue company
14
Principal mines rescue functions
14 Principal mines rescue functions
14 Principal mines rescue functions
The mines rescue company has the following principal functions in connection with underground coal mines in the State—
(a) making available rescue services and facilities to deal with emergencies in those mines and, in particular, ensuring that the Brigade has the capacity to deal with any such emergencies,
(b) ensuring that adequate rescue equipment (such as breathing apparatus) is available to enable members of the Brigade to deal with emergencies in those mines,
(c) training members of the Brigade in mine rescue procedures at those mines and, in particular, in the use of breathing apparatus,
(d) establishing appropriate procedures and arrangements for ensuring the mobilisation of members of the Brigade and the supply of rescue equipment in response to emergencies in those mines,
(e) ensuring that persons with an adequate knowledge of mine rescue work are available to provide technical advice to the owners of those mines if emergencies should arise in those mines.
15
Ancillary function of mines rescue company
15 Ancillary function of mines rescue company
15 Ancillary function of mines rescue company
The mines rescue company has, in connection with its principal functions, the ancillary function of acquiring or building, and maintaining or disposing of, mine rescue stations.
16
Discretionary functions—rescue services for other mines
16 Discretionary functions—rescue services for other mines
16 Discretionary functions—rescue services for other mines
The mines rescue company may (but is not obliged to) exercise the following additional functions in connection with mines (other than underground coal mines in the State)—
(a) providing rescue services and facilities at those mines, including rescue equipment (such as breathing apparatus),
(b) providing training courses in connection with mine safety and emergency procedures at those mines (including, for example, fighting fires and rescuing mine workers and others who are trapped in those mines).
17
Discretionary functions—non-rescue services for mines and others
17 Discretionary functions—non-rescue services for mines and others
17 Discretionary functions—non-rescue services for mines and others
The mines rescue company may (but is not obliged to) exercise the following additional functions—
(a) providing work health and safety services for employers of mine workers and others (not including rescue services but including, for example, training services or assistance in work underground or in confined spaces),
(b) providing technical and advisory services to owners of mines and others (including, for example, calibrating and repairing methane gas detection instruments and maintaining and repairing breathing apparatus).
s 17: Am 2011 No 67, Sch 4.1 [2].
18
Discretionary functions may be exercised anywhere
18 Discretionary functions may be exercised anywhere
18 Discretionary functions may be exercised anywhere
The mines rescue company may exercise its discretionary functions under this Division (or any function ancillary to those functions) in the State or elsewhere, or both in the State and elsewhere.
19
Owners of coal mines to make contributions to fund mines rescue functions
19 Owners of coal mines to make contributions to fund mines rescue functions
19 Owners of coal mines to make contributions to fund mines rescue functions
(1) Owners of coal mines are to pay contributions to the mines rescue company to defray the costs incurred by that company in exercising its functions under section 14.
(2) The mines rescue company is to determine, in respect of each financial year of that company, the amount that an owner of a coal mine must pay, in respect of the coal mine, under this section.
(3) The mines rescue company may make different determinations under this section in respect of different coal mines, having regard to such of the following matters as are applicable to the coal mine concerned—
(a) the quantity of coal produced from the mine during the period of 12 months preceding the financial year concerned,
(b) the average number of employees employed at the mine during that period,
(c) the cost incurred during that period in meeting the expense of having employees of the mines rescue company on stand-by in respect of the mine,
(d) the cost incurred during that period in training members of the Brigade to carry out mine rescue work at the mine,
(e) an amount, quantified by the mines rescue company, representing the risk of a mining accident occurring at the mine,
(f) the cost likely to be incurred in actually responding to a call to the mines rescue company to provide rescue services at the mine.
(4) The mines rescue company may (but is not obliged to) allow the amount determined to be paid by instalments, either generally or in a particular case.
(5) The regulations may replace a determination made under this section by prescribing an amount, in respect of a particular coal mine, different from the amount determined by the mines rescue company in respect of the coal mine.
(6) Any such regulation is taken, for the purposes of this Act, to be a determination made under this section.
(7) Nothing in this section affects the liability of any person to pay any fees charged under section 22 (2).
s 19: Am 2002 No 125, Sch 1 [1].
20
Mines rescue company to serve notice of contribution payable on owner of coal mine
20 Mines rescue company to serve notice of contribution payable on owner of coal mine
20 Mines rescue company to serve notice of contribution payable on owner of coal mine
(1) The mines rescue company must, for each year, serve on each owner of a coal mine a notice specifying the following—
(a) the amount that the owner is required to pay under section 19,
(b) the method by which that amount has been determined,
(c) the date by which the amount must be paid (or, if the amount may be paid by instalments, the amount of each instalment and the date by which that instalment must be paid).
(2) If a regulation replaces a determination (as referred to in section 19 (5)), the mines rescue company must serve on each owner of a coal mine a further notice under subsection (1) in respect of the replacement determination.
(3) A notice required by this section is taken to have been served on the owner of a coal mine—
(a) if, in the case of an owner who is not a body corporate, it is delivered to the owner personally, or is sent by post to the owner’s last address known to the mines rescue company, or
(b) if, in the case of an owner who is a body corporate, it is served in a manner authorised under the Corporations Act for service of documents on a body corporate.
21
Money due to mines rescue company
21 Money due to mines rescue company
21 Money due to mines rescue company
(1) The mines rescue company may waive or refund the whole or any part of any contribution, interest or other money due or paid to the company in any particular case or in any class of cases.
(2) Any contribution, interest or other money due to the mines rescue company may be recovered as a debt in a court of competent jurisdiction.
Division 4
General financial matters
Division 4 General financial matters
Division 4 General financial matters
22
No fees for certain services
22 No fees for certain services
22 No fees for certain services
(1) The mines rescue company must not charge fees for services provided by it in the exercise of the functions specified in section 14.
(2) Despite subsection (1), the mines rescue company may charge fees for providing rescue services and facilities (including rescue equipment) to deal with an emergency in an underground coal mine in the State.
(3) However, the mines rescue company is not to charge any fee in respect of the first 8 hours (or such longer period as the regulations may prescribe) during which it provides those services and facilities in relation to the emergency.
(4) A reference in this section to the providing of facilities includes a reference to the use of those facilities.
Note—
Section 14 sets out the principal functions of the mines rescue company. Except as provided by section 22 (2), the costs of exercising those functions are to be defrayed by the contributions, under section 19, of owners of coal mines.
s 22: Am 2002 No 125, Sch 1 [2] [3].
23
Approved companies not subject to certain State taxes
23 Approved companies not subject to certain State taxes
23 Approved companies not subject to certain State taxes
(1) An approved company, and a subsidiary of an approved company, is not liable to taxation under any law of the State (other than under the Mine Safety (Cost Recovery) Act 2005) except in so far as the approved company or the subsidiary establishes or administers (or establishes and administers), or provides administrative services in respect of, a superannuation scheme.
(2) Subsection (1) does not apply to an approved company, or a subsidiary of an approved company, that engages in activities outside the coal industry (except in so far as those activities are necessary to enable it to exercise its functions in relation to the coal industry).
(3) Subsection (2) does not apply to the mines rescue company in respect of the exercise of its functions under Division 3 of this Part or Part 4 in relation to mines other than coal mines.
s 23: Am 2005 No 116, sec 18.
24
Workers compensation funds
24 Workers compensation funds
24 Workers compensation funds
(1) All premiums and other money received by the workers compensation company under any workers compensation insurance scheme established, administered or provided by that company, and any other money received by the company for the purposes of the scheme (including, but not limited to, money received under subsection (2)), must be applied—
(a) to pay any sum required to be paid by the company under any workers compensation scheme established, administered or provided by it, and
(b) to pay any expenses incurred in the management and administration of any such scheme, and
(b1) to pay, to the Minister administering the District Court Act 1973, such of the costs of operation of the District Court relating to a coal miner matter under section 105 of the Workplace Injury Management and Workers Compensation Act 1998, being costs incurred after 30 June 2005, as the Minister administering the District Court Act 1973 and the Minister administering this Act agree are to be paid from those premiums and that money, and
(c) to pay for the provision of work health and rehabilitation services, and
(d) for such other purposes related to the coal industry, to the company’s welfare functions or to workers formerly engaged in the coal industry as may be approved by the Minister.
(2) If the workers compensation company is satisfied (from the results of an actuarial investigation or from other information) that there is an overall deficit in the funds to be applied for the purposes specified in subsection (1), the workers compensation company may, by notice in writing to each employer in the coal industry in the State, require the employer to pay to the company a contribution of such amount as the company may determine and specify in the notice.
(3) The contribution is payable—
(a) in respect of the financial year specified in the notice, and
(b) at such time as is so specified.
s 24: Am 2005 No 64, Sch 1.5; 2011 No 67, Sch 4.1 [3].
Division 5
Appointment and powers of inspectors
Division 5 Appointment and powers of inspectors
Division 5 Appointment and powers of inspectors
25
Approved companies may appoint inspectors
25 Approved companies may appoint inspectors
25 Approved companies may appoint inspectors
(1) An approved company may, by notice in writing given to any of its employees or officers, appoint the employees or officers as inspectors for the purposes of undertaking inspections to assist the approved company in the exercise of its functions.
(2) As soon as practicable after making its first appointment under this section, an approved company must provide the Minister with a list specifying the names of each of its employees so appointed. The company must also, as soon as practicable after the occurrence of any change that would affect the list, notify the Minister in writing of the change.
26
Powers of inspectors to carry out searches
26 Powers of inspectors to carry out searches
26 Powers of inspectors to carry out searches
(1) An inspector may enter, at any reasonable time, any premises for the purpose of making an inspection referred to in section 25 and may do any or all of the following—
(a) search the premises,
(b) take photographs, or make sketches, of the premises or any substance or thing at the premises,
(c) inspect any book, record or document kept at the premises,
(d) remove, or make copies of, any such book, record or document.
(2) An inspector may not exercise any powers under this section in relation to premises unless the inspector has—
(a) produced the inspector’s notice of appointment as an inspector for inspection by the occupier of the premises, and
(b) informed the occupier of the purpose of the inspector’s entry of the premises.
(3) An inspector may not, under this section, enter premises that are a residence unless the occupier of the premises has consented to the entry.
(4) An inspector must use no more force than is reasonably necessary in effecting entry on to any premises.
(5) If damage is caused to property by an inspector in exercising a power of entry under this section, reasonable compensation is payable by the approved company of which the inspector is an employee to the owner of the property, unless the damage resulted from, or was connected with, obstruction of the inspector.
(6) In this section, premises includes buildings, land and mines.
27
Power to require information
27 Power to require information
27 Power to require information
(1) An inspector who has entered premises for the purpose of making an inspection referred to in section 25 may, to the extent that it is reasonably necessary to ascertain whether orders or requirements of the approved company in the exercise of any of its functions under Division 2 or 3 of this Part or Part 4 have been complied with, require a person to answer any questions put by the inspector and to produce any books, records or documents required by the inspector.
(2) An inspector is not entitled to make a requirement of a person under this section unless the inspector produces his or her notice of appointment as an inspector for inspection by the person.
28
Retention of books, records and documents
28 Retention of books, records and documents
28 Retention of books, records and documents
If an inspector removes a book, record or document from premises under this Division, or a person produces a book, record or document to an inspector in accordance with a requirement of an inspector under this Division—
(a) the inspector may retain possession of the book, record or document for such period as is necessary and reasonable for the purpose of ascertaining whether any orders or requirements referred to in section 27 (1) have been complied with, and
(b) during that period, the inspector must permit a person who would be entitled to inspect the book, record or document if it were not in the inspector’s possession to inspect the book, record or document at all reasonable times.
29
Exoneration from personal liability
29 Exoneration from personal liability
29 Exoneration from personal liability
A matter or thing done or omitted to be done by an inspector acting under the direction of an approved company does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this or any other Act, subject the inspector personally to any action, liability, claim or demand.
Division 6
Certain obligations of owners and managers of coal mines and employers in the coal industry in relation to approved companies
Division 6 Certain obligations of owners and managers of coal mines and employers in the coal industry in relation to approved companies
Division 6 Certain obligations of owners and managers of coal mines and employers in the coal industry in relation to approved companies
30
Contributions to be paid by due date
30 Contributions to be paid by due date
30 Contributions to be paid by due date
(1) The owner of a coal mine must pay any amount required by the notice served on the owner under section 20 on or before the date specified in that notice for payment of the amount concerned.
(2) An employer in the coal industry in the State must pay any amount required by the notice served on the owner under section 24 (2) on or before the date specified in that notice for payment of the amount concerned.
(3) If payment is not made on or before the relevant date, the owner or employer concerned must pay interest on the amount in respect of the period from that date until the date of payment at such rate, not exceeding 15 per cent per year, as the mines rescue company or the workers compensation company (as the case requires) determines from time to time for the purposes of this subsection.
31
Workers compensation
31 Workers compensation
31 Workers compensation
(1) The workers compensation company has the power to require any employer in the coal industry in the State to effect with or through that company all workers compensation insurance in respect of the employer’s employees in the industry.
(2) An employer in the coal industry in the State must comply with any such requirement.
(3) The following are specifically authorised by this Act for the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales—
(a) any matter or thing done by the workers compensation company in imposing a requirement under this section,
(b) any agreement entered into by or with the workers compensation company for the purpose of effecting workers compensation insurance in accordance with a requirement made under this section,
(c) the conduct of the parties in entering into any such agreement,
(d) the conduct of the parties in performing any such agreement.
(4) The maximum penalty that may be imposed for failure to comply with a requirement under this section is—
(a) in the case of a corporation—100 penalty units for the first day the contravention occurs and an additional 50 penalty units for each subsequent day on which the contravention continues, or
(b) in the case of an individual—50 penalty units for the first day the contravention occurs and an additional 25 penalty units for each subsequent day on which the contravention continues.
(5) In this section—
(a) agreement includes a contract, arrangement or understanding, and
(b) a reference to the workers compensation company or an employer in the coal industry includes a reference to the officers and agents of, and other persons duly authorised by, the company or employer concerned.
s 31: Am 2018 No 68, Sch 2.6.
32
Co-operation with inspectors
32 Co-operation with inspectors
32 Co-operation with inspectors
An owner or manager of a coal mine, or an agent or employee of such an owner or manager, must not, without reasonable excuse—
(a) refuse to answer any question put to the person under section 27, or
(b) knowingly make any false or misleading statement in answer to any such question, or
(c) fail or refuse to produce any book, record or document required to be produced under section 27, or
(d) delay, obstruct or hinder an inspector in the exercise of any functions conferred on the inspector under Division 5.
Maximum penalty—100 penalty units in the case of a corporation or 30 penalty units in the case of an individual.
Part 4
New South Wales Mines Rescue Brigade
Part 4 New South Wales Mines Rescue Brigade
Part 4 New South Wales Mines Rescue Brigade
33
Establishment of Mines Rescue Brigade
33 Establishment of Mines Rescue Brigade
33 Establishment of Mines Rescue Brigade
There is established by this Act the New South Wales Mines Rescue Brigade.
34
Functions of Brigade
34 Functions of Brigade
34 Functions of Brigade
The function of the Brigade is to provide, under the control and direction of the mines rescue company, a mine rescue service for responding to, and dealing with, emergencies arising at underground coal mines in New South Wales and at other mines.
35
Composition of Brigade
35 Composition of Brigade
35 Composition of Brigade
(1) The Brigade comprises all persons for the time being appointed as members of the Brigade by the mines rescue company.
(2) A member of the Brigade is, when acting as such a member, to be regarded as being employed by the mines rescue company.
(3) However, subsection (2)—
(a) does not apply for the purposes of any superannuation scheme established by the company for the benefit of its employees, and
(b) applies for the purposes of payment of salary or wages only while the member of the Brigade is engaged in mine rescue work (and not while undergoing training for mine rescue purposes).
36
Determination of mines rescue company with respect to mine rescue personnel, equipment and storage facilities
36 Determination of mines rescue company with respect to mine rescue personnel, equipment and storage facilities
36 Determination of mines rescue company with respect to mine rescue personnel, equipment and storage facilities
(1) The mines rescue company must, for each underground coal mine in New South Wales, determine—
(a) the number of persons employed at the mine whose services the owner of the mine must make available to the mines rescue company for mine rescue purposes, and
(b) the number of items, and the kinds, of breathing apparatus and other rescue equipment that the owner must provide at the mine for use by those persons, and
(c) the amount of area, and the kinds of facilities, that the owner must make available at the mine for the storage of that equipment when not in use, for training members of the Brigade and for use by those members during emergencies at the mine.
(2) The mines rescue company may, from time to time, vary a determination made under this section.
(3) For the purposes of this section, a determination is taken to be varied if it is revoked and replaced by another determination.
37
Compliance with determination
37 Compliance with determination
37 Compliance with determination
(1) The mines rescue company must serve a determination or variation of a determination made under this Division on the owner of the underground coal mine concerned.
(2) The owner of an underground coal mine on whom a determination or variation is served must not, without reasonable excuse, refuse or fail to comply with the determination, or the determination as varied, within 28 days after service (or within such further period as the mines rescue company allows).
Maximum penalty—200 penalty units in the case of a corporation or 50 penalty units in the case of an individual.
(3) If a determination or variation requires the owner of an underground coal mine to make available the services of a specified number of persons employed at the mine, the owner must, within 14 days after the service of the determination or variation, provide the mines rescue company with a list that includes the names, addresses and any other particulars required by the mines rescue company of the persons selected for that purpose.
(4) If the mines rescue company is not satisfied that the owner of an underground coal mine is complying with a determination, or a determination as varied, the mines rescue company may serve on the owner a further notice specifying what the owner has to do to comply with the mines rescue company’s requirements.
(5) The owner of a mine on whom such a further notice is served must not, without reasonable excuse, refuse or fail to comply with the notice within 28 days after service (or within such further period as the mines rescue company allows).
Maximum penalty—200 penalty units in the case of a corporation or 50 penalty units in the case of an individual.
38
Modification of owner’s obligation to comply with determination
38 Modification of owner’s obligation to comply with determination
38 Modification of owner’s obligation to comply with determination
(1) The obligation imposed on the owner of an underground coal mine by section 37 (2) or (5) is modified to the extent that the mines rescue company—
(a) has refused to appoint as a member of the Brigade a person whose name is included in a list provided by the owner under section 37 (3), or
(b) has terminated the appointment of a member previously appointed from a list so provided.
(2) That obligation is also subject to the willingness of the persons whose names are included in such a list to be appointed as members of the Brigade.
39
Right to apply for administrative review of determination
39 Right to apply for administrative review of determination
39 Right to apply for administrative review of determination
(1) The owner of an underground coal mine on whom a determination, or a variation of a determination, made under section 36 is served may, if dissatisfied with the determination or variation, apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision giving rise to the determination or variation.
(2) If such an application is made—
(a) proceedings against the applicant for an offence under section 37 (2) or (5) may not be instituted, and
(b) any such pending proceedings are stayed,
until the completion of the review process.
s 39: Am 2013 No 95, Sch 2.29.
40
Appointment of members of Brigade
40 Appointment of members of Brigade
40 Appointment of members of Brigade
(1) On being provided with a list in accordance with section 37 (3), the mines rescue company must either appoint or refuse to appoint as members of the Brigade the persons whose names are included in the list.
(2) The mines rescue company may also appoint any other person as a member of the Brigade.
(3) However, a person is not to be appointed as a member of the Brigade without his or her consent.
41
Termination of appointment of members of Brigade
41 Termination of appointment of members of Brigade
41 Termination of appointment of members of Brigade
(1) The mines rescue company may terminate the appointment of a member of the Brigade at any time.
(2) If the mines rescue company refuses to appoint, or terminates the appointment of, a person named in the list referred to in section 37 (3) as a member of the Brigade, it must, by notice in writing, inform the person and the owner of the underground coal mine concerned of the mines rescue company’s decision and the reason why the person was not appointed or the person’s appointment was terminated.
(3) Within 14 days after being so informed, the owner of the underground coal mine concerned must provide the mines rescue company with a further list specifying the name, address and any other particulars required by the mines rescue company of another person employed by the owner to replace the person whose appointment was refused or terminated.
(4) Subsection (3) applies as often as may be necessary to ensure that the owner makes available to the mines rescue company the services of the number of persons specified in the determination, or variation, served on the owner.
(5) If the owner of the underground coal mine concerned does not comply with subsection (3) within the period of 14 days referred to in that subsection, the owner is taken not to have complied with the determination of the mines rescue company served on the owner under section 37, or the determination as varied.
(6) For the purposes of subsection (3), the mines rescue company is taken to have terminated the appointment of a member of the Brigade (and to have informed the owner of the underground coal mine concerned of the termination in accordance with subsection (2)) on the date on which the member ceased to be employed at the mine.
42
Arbitration of dispute concerning appointment and termination of appointment of members of Brigade
42 Arbitration of dispute concerning appointment and termination of appointment of members of Brigade
42 Arbitration of dispute concerning appointment and termination of appointment of members of Brigade
(1) The mines rescue company and the owner of the underground coal mine concerned are taken to have entered into an arbitration agreement to have arbitrated under the Commercial Arbitration Act 2010 any dispute between the mines rescue company and the owner arising from a decision of the mines rescue company refusing to appoint, or terminating the appointment of, a member of the Brigade.
(2) If any such dispute arises, that Act applies accordingly.
s 42: Am 2010 No 61, Sch 2.6.
43
Training of Brigade
43 Training of Brigade
43 Training of Brigade
The mines rescue company is responsible for ensuring that members of the Brigade are adequately trained in—
(a) the use of breathing apparatus and other mine safety equipment, and
(b) mine safety procedures, and
(c) the work involved in rescuing persons who may become trapped in a mine or who may otherwise need to be rescued from dangerous situations occurring at or in a mine, and
(d) the procedures involved in sealing an underground coal mine and in reopening such a mine that has been sealed, and
(e) such other matters as the mines rescue company considers necessary.
44
Owner must allow Brigade member to attend training and emergencies
44 Owner must allow Brigade member to attend training and emergencies
44 Owner must allow Brigade member to attend training and emergencies
The owner of a mine who employs a member of the Brigade must not, without reasonable excuse, refuse or fail to allow that member to attend—
(a) any official training for members of the Brigade, or
(b) an emergency to which the member is called to attend as such a member.
Maximum penalty—200 penalty units in the case of a corporation or 50 penalty units in the case of an individual.
45
Reportable events
45 Reportable events
45 Reportable events
(1) The mines rescue company is responsible for ensuring compliance with this section.
(2) If a reportable event occurs at a mine rescue station, the person in charge of the station must—
(b) within the following 24 hours send a written notice to them setting out—
(i) the nature of the event, and
(ii) the number and names of any persons killed or injured as a consequence of the event.
(3) The person in charge of a mine rescue station—
(a) must keep a record of all reportable events occurring at the station, and
(b) must make the record available for inspection by the mines rescue company, or by any person designated by the mines rescue company, whenever the mines rescue company or person requests production of the record.
(4) An event is a reportable event at a mine rescue station—
(a) if it is an accident which causes the death of a member of the Brigade or a serious bodily injury to such a member, being an accident occurring while the member is acting as such a member and is working at or from the station, or
(b) if it involves the breakdown of mine rescue equipment (such as breathing apparatus) that is in use at the station or is otherwise used by the Brigade at the station.
(5) In this section, serious bodily injury means—
(a) a fracture of the skull, jaw, spine, pelvis, arm, shoulder-blade, collar-bone, forearm, thigh, leg, knee-cap, ankle or ribs, or
(b) a dislocation of the shoulder, elbow, hip, knee or spine, or
(c) an amputation of the hand or foot or of a substantial part of the hand or foot, or
(d) the serious impairment or loss of sight of an eye, or
(e) an internal haemorrhage receiving hospital treatment, or
(f) burns receiving treatment from a registered medical practitioner, or
(g) an injury involving injection of hydraulic fluid, or
(h) asphyxia.
s 45: Am 2002 No 129, Sch 2.2 [3]–[5]; 2013 No 54, Sch 3.2 [3]; 2015 No 43, Sch 4.2.
46
Certificates and medallions
46 Certificates and medallions
46 Certificates and medallions
(1) When the mines rescue company is satisfied that a member of the Brigade has successfully completed a course of training in mine rescue work approved by the mines rescue company and is competent to take part in mine rescue work, the member is entitled to receive from the mines rescue company a certificate to that effect.
(2) The mines rescue company must keep a register of certificates issued under this section.
(3) The mines rescue company must not authorise a member of the Brigade to enter an irrespirable atmosphere in a mine when undertaking mine rescue work or mine rescue training unless the person—
(a) is wearing suitable breathing apparatus, and
(b) is the holder of a certificate issued under this section.
(4) The mines rescue company may issue a medallion to any member of the Brigade who, in its opinion, has satisfactorily completed such period of service as such a member as the mines rescue company determines. Service as a member of a permanent rescue corps established under the Mines Rescue Act 1925 or as a member of the New South Wales Mines Rescue Brigade established under the Mines Rescue Act 1994 may be treated as service as a member of the Brigade for the purposes of this subsection.
(2) An approved company is, in the exercise of its functions, subject to those Acts.
48
Effect of certain challenges
48 Effect of certain challenges
48 Effect of certain challenges
Except as expressly provided in this Act, any legal challenge to an order or requirement made by or under this Act, or to a discretion exercised under this Act, does not operate—
(a) to suspend any obligation to comply with any such order or requirement (unless the court otherwise orders), or
(b) to prevent the institution of proceedings, or to stay any pending proceedings, for failure so to comply.
49
Authority to prosecute
49 Authority to prosecute
49 Authority to prosecute
(1) Proceedings for an offence under this Act or the regulations may be instituted only by—
(a) the Minister, or
(b) the Director of Public Prosecutions.
(2) If an inspector is of the opinion that an offence against this Act or the regulations has been committed, the inspector may compile a report on the alleged offence and forward it to the Director of Public Prosecutions.
(3) The Director of Public Prosecutions must consider any report forwarded to the Director under this section and determine whether to institute proceedings in respect of the alleged offence to which the report relates.
50
Nature of proceedings for offences
50 Nature of proceedings for offences
50 Nature of proceedings for offences
(1) Proceedings for an offence under this Act or the regulations may be dealt with—
(a) summarily before the Local Court, or
(b) summarily before the Supreme Court in its summary jurisdiction.
(2) If proceedings are brought in the Local Court, the maximum monetary penalty that the Local Court may impose for the offence is 100 penalty units, despite any higher maximum monetary penalty provided in respect of the offence.
s 50: Am 2007 No 94, Schs 2, 4.
51
Status of approved companies
51 Status of approved companies
51 Status of approved companies
For avoidance of doubt—
(a) an approved company—
(i) is not an instrumentality or agent of the Crown, and
(ii) cannot render the Crown liable for any debts, liabilities or obligations of the company, and
(b) none of the following Acts applies to or in respect of an approved company—
(iii) any other Act prescribed for the purposes of this paragraph.
52
Crown not bound
52 Crown not bound
52 Crown not bound
This Act does not bind the Crown (except in relation to such mines as are owned by the Crown or by an instrumentality or agent of the Crown).
53
Regulations
53 Regulations
53 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting subsection (1), the regulations may make provision for or with respect to the following—
(a) requiring an approved company to provide the Minister, within the prescribed time, with such information (including copies of documents) relating to the company’s exercise of its functions as the regulation may specify,
(b) matters that are to be included in the annual operating plan of an approved company,
(c) modifying the functions conferred on inspectors under this Act (including withdrawing any of those functions from inspectors),
(d) regulating inspectors in the exercise of their functions,
(e) regulating or prohibiting acts or omissions, or acts or omissions of a kind, specified in the regulation in relation to one or more approved companies (or a class, or classes, of approved companies) so specified.
(3) A regulation may create an offence punishable by a penalty not exceeding 30 penalty units.
(4) Before a regulation is made for the purposes of subsection (2) (e), the Minister must certify to the Governor that the regulation is necessary to protect the rights or interests, or to ensure the equitable treatment, of a particular worker engaged in the coal industry or owner of a mine.
(5) At least 21 days before a draft regulation under this section is presented to the Governor, the Minister must furnish a copy of the draft to the Board of Directors of each approved company that will be affected by the proposed regulation.
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
Schedule 1
Transfer of staff of Joint Coal Board
Schedule 1 Transfer of staff of Joint Coal Board
Schedule 1 Transfer of staff of Joint Coal Board
(Section 5 (4))
Schedule 2
Transfer of assets, rights and liabilities of Joint Coal Board
Schedule 2 Transfer of assets, rights and liabilities of Joint Coal Board
Schedule 2 Transfer of assets, rights and liabilities of Joint Coal Board
(Sections 6 (3) and 7 (4))
Schedule 3
Transfer of assets, rights and liabilities of Mines Rescue Board
Schedule 3 Transfer of assets, rights and liabilities of Mines Rescue Board
Schedule 3 Transfer of assets, rights and liabilities of Mines Rescue Board
(Section 8 (2))
Schedule 4
Transfer of staff of Mines Rescue Board
Schedule 4 Transfer of staff of Mines Rescue Board
Schedule 4 Transfer of staff of Mines Rescue Board
(Section 8 (2))
Schedule 5
Provisions to be included in constitution of approved company
Schedule 5 Provisions to be included in constitution of approved company
Schedule 5 Provisions to be included in constitution of approved company
(Section 9 (1))
Provisions to the effect of the following are to be included in the constitution of an approved company—
sch 5: Am 2023 No 40, Sch 2[4].
Schedule 6
Schedule 6
Schedules 6, 7 (Repealed)
sch 6: Rep 2003 No 82, Sch 3.
sch 7: Rep 2003 No 82, Sch 3.
Schedule 8
Savings, transitional and other provisions
Schedule 8 Savings, transitional and other provisions
Schedule 8 Savings, transitional and other provisions
(Section 57)
sch 8: Am 2002 No 12, Sch 1; 2002 No 125, Sch 1 [4].
1A
Validation relating to commencement of Act
1A Validation relating to commencement of Act
1A Validation relating to commencement of Act
(1) To avoid doubt, past acts are as valid, and are taken always to have been as valid, as they would have been if the Coal Industry Repeal Act 2001 of the Commonwealth had commenced on 1 January 2002.
(2) Subclause (1) is enacted in accordance with the express intention of the Parliament of the Commonwealth (set out in section 6 (6) of the Coal Industry Repeal (Validation of Proclamation) Act 2002 of the Commonwealth) that a law of New South Wales may make provision in terms of that subclause.
(3) Subclause (1) has effect to the extent to which it is not in excess of the legislative power of the Parliament of New South Wales.
(4) In this section—
past act means an act or thing that was done on the assumption that the Coal Industry Repeal Act 2001 of the Commonwealth had commenced on 1 January 2002.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the Coal Industry Act 2001.
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
3 Definitions
3 Definitions
In this Act—
approved company means a company approved under section 9.
assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.
Brigade means the Mines Rescue Brigade established by this Act.
coal includes oil shale and kerosene shale, but does not include peat.
dissolution date means the date on which section 4 (1) of the Coal Industry Repeal Act 2001 of the Commonwealth commences.
emergency means an emergency due to an actual or imminent occurrence (such as fire, explosion, accident or flooding) that has resulted in the death of, or injury to, a person or is endangering or is threatening to endanger the life or physical well-being of a person.
employer in the coal industry means any employer whose employees work in or about a coal mine.
exercise a function includes perform a duty.
former members of the JCB staff means the members of staff of the Joint Coal Board immediately before the dissolution of that Board.
former 1994 Act means the Mines Rescue Act 1994.
function includes a power, authority or duty.
inspector means an employee of an approved company appointed as an inspector as referred to in section 25.
Joint Coal Board means the body corporate constituted in pursuance of the Coal Industry Act 1946 and the Coal Industry Act 1946 of the Commonwealth.
liabilities means all liabilities, debts and obligations (whether present or future and whether vested or contingent).
Third, the Act assigns specific functions. Division 2 of Part 3 lists 13 general functions an approved company may be given, ranging from provision of work health and rehabilitation services (s 10(1)(a)), collection of accident statistics (s 10(1)(b)), referral of safety matters to the WHS regulator (s 10(1)(d)), through to monitoring dust (s 10(1)(j)), providing mines rescue services (s 10(1)(k)), administering superannuation (s 10(1)(l)) and operating workers compensation insurance schemes (s 10(1)(m)). Division 3 then gives the mines rescue company five principal statutory duties in respect of underground coal mines: ensuring Brigade capacity, equipment availability, training, mobilisation procedures and technical advice (s 14). Ancillary powers include building and maintaining rescue stations (s 15) and discretionary extension of rescue or non-rescue services to open-cut or metalliferous mines (ss 16–17).
Fourth, the Act imposes a self-funding mechanism and compliance regime. Owners of coal mines must contribute to the mines rescue company on a risk-adjusted basis (s 19). The company determines the amount having regard to production tonnage, employee numbers, standby costs, training costs, quantified risk and likely response cost (s 19(3)). Notice must be served (s 20) and payment is mandatory; late payment attracts interest up to 15 % per annum (s 30(3)) and may be recovered as a debt (s 21(2)). The workers compensation company may levy supplementary contributions if an actuarial deficit arises (s 24(2)). Owners and employers must also permit Brigade members to attend training and emergencies (s 44), cooperate with inspectors (s 32), comply with health-protection notices (s 12) and orders (s 13), and obtain all coal-industry workers compensation insurance through the approved company (s 31).
The statute is completed by detailed inspector powers (Division 5 of Part 3), establishment and governance of the NSW Mines Rescue Brigade (Part 4), extensive transitional deeming provisions (Schedules 1–4 and 8), constitutional entrenchment for approved companies (Sch 5), and miscellaneous machinery clauses on interaction with emergency legislation (s 47), non-suspension of obligations during legal challenges (s 48), restricted rights of prosecution (s 49), and a five-year statutory review (s 58, now spent but illustrative of original intent).
In short, the Act effects a once-and-for-all structural shift from statutory-board delivery to industry-controlled but Ministerially-overseen companies while preserving and modernising the Mines Rescue Brigade as a permanent statutory emergency asset.
Who it affects
The Act’s reach is deliberately confined to the coal industry yet touches a wide cast of institutional and natural persons.
Mine owners and employers bear the heaviest burdens. The statutory definition of “owner of a mine” (s 3) is expansive: it catches the immediate proprietor, lessee or occupier, any liquidator or administrator working the mine, the Crown where applicable, and any contractor actually working the mine. Exclusions are narrow—mere royalty recipients, head lessors without operational interest, or owners of the soil alone are not caught. Every such owner must (a) pay the annual mines rescue contribution (s 19), (b) comply with determinations requiring release of nominated employees to the Brigade together with provision of breathing apparatus and station facilities (s 36–37), (c) allow Brigade members paid leave for training and call-outs (s 44), and (d) purchase workers compensation insurance exclusively through the approved company (s 31). Employers in the coal industry (defined as any employer whose employees work in or about a coal mine) are separately liable for supplementary workers compensation levies (s 24(2)) and must comply with the exclusive-insurer rule.
Approved companies are both regulated and empowered. The mines rescue company and the workers compensation company each hold monopoly statutory roles. They exercise functions under their approval notice (s 10), appoint inspectors (s 25), issue health-protection notices (s 12) and gazetted orders (s 13), determine contributions (ss 19, 24), and control the Brigade (s 34). Their constitutions are partially entrenched by Parliament (Sch 5 cl 1) and must contain Ministerially-controlled director appointment rules (Sch 5 cl 5). They enjoy tax exemptions (s 23) but are subject to Ministerial direction on operating plans (Sch 5 cl 4) and may be required to furnish information by regulation (s 53(2)(a)).
Mine workers and the MEU are both beneficiaries and participants. The MEU nominates two directors to each approved company (Sch 5 cl 5(3)(a)) and, together with the Minerals Council, nominates two further “independent” directors (Sch 5 cl 5(3)(c)). Workers and former workers benefit from health monitoring, rehabilitation services, superannuation administration and workers compensation schemes. Brigade members, although notionally employed by the mines rescue company while on rescue duty (s 35(2)), remain employees of their mine owners for most purposes; their training and availability are statutorily protected (s 44).
The NSW Minerals Council mirrors the MEU’s governance role and nominates directors. Both organisations must maintain the constitutional balance required by s 9(3)(a).
Regulators and tribunals are drawn into the scheme. The WHS regulator receives referrals under s 10(1)(d). NCAT hears administrative reviews of health notices (s 12(3)), company orders (s 13(7)) and mines rescue determinations (s 39). The District Court’s coal-miner jurisdiction receives cost recoveries from workers compensation funds (s 24(1)(b1)).
The Crown is largely unbound (s 52) except in respect of any Crown-owned coal mine. The Ministerial Holding Corporation acts as a temporary repository of Joint Coal Board assets before onward transfer (ss 6–7) and is constrained by a statutory trust (s 7(2)).
Finally, the Mines Rescue Brigade itself is a statutory body corporate in all but name. Its members are appointed by the mines rescue company (s 40), trained to statutory standards (s 43), and protected by good-faith immunity (s 29 for inspectors; analogous common-law principles for Brigade members).
Key duties and rights
Duties of mine owners/employers are both financial and operational. The duty to pay the s 19 contribution is strict; the only statutory relief is Ministerial waiver or refund (s 21(1)) or a replacing regulation (s 19(5)). The duty to comply with a s 36 determination is subject only to “reasonable excuse” and a 28-day compliance window (s 37(2)), with a further notice power if the company is dissatisfied (s 37(4)). The exclusive-insurer obligation under s 31 is backed by authorisation under the Competition and Consumer Act 2010 (Cth) to immunise it from anti-competitive challenge. Owners must also furnish lists of nominated Brigade personnel (s 37(3)) and replace any person whose appointment is refused or terminated (s 41(3)).
Rights of owners are largely procedural: they may seek NCAT review of health notices (s 12(3)), company orders (s 13(7)), and contribution determinations (s 39), with automatic stays of prosecution during review. They may also arbitrate appointment disputes under the Commercial Arbitration Act 2010 (s 42).
Duties of approved companies are expressed both positively and negatively. The mines rescue company must maintain Brigade capacity, equipment, training and mobilisation procedures (s 14) and must not charge fees for the first eight hours of an underground emergency response (s 22(3)). It must serve contribution notices (s 20) and, when acting through inspectors, observe entry and production safeguards (ss 26–27). The workers compensation company must ring-fence premiums and apply them only to claims, administration, rehabilitation, District Court costs and Minister-approved coal-welfare purposes (s 24(1)).
Rights of approved companies include broad ancillary powers (s 11), the ability to make gazetted orders (s 13), appoint and remove Brigade members (ss 40–41), and recover contributions as debts (s 21(2)). Directors enjoy the constitutional protections in Sch 5, including Ministerial appointment and staggered full-time/part-time rules.
Brigade members have a right to paid release for training and call-outs (s 44) and to certificates and medallions upon competency (s 46). They are deemed employees of the mines rescue company only while actually performing rescue or training work (s 35(3)).
Inspectors possess statutory entry, search, photographing, copying and questioning powers (ss 26–27) but are constrained by identification, purpose statement, residential-consent and reasonable-force rules. They enjoy personal immunity for good-faith acts (s 29).
The Minister retains approval, appointment, variation and information-gathering powers, plus a statutory obligation to act in accordance with Sch 5 constitutional provisions.
Penalties and enforcement
The Act creates a tiered enforcement pyramid. At the base are civil debt recovery for unpaid contributions (s 21(2)) and interest at up to 15 % (s 30(3)). Administrative orders and notices are backed by criminal sanctions.
The most commonly encountered offences carry corporate/individual differentials:
Failure to comply with a health-protection notice (s 12(2)): 200 pu (corp), 50 pu (individual).
Failure to comply with a gazetted order (s 13(6)): same.
Failure to comply with a s 36 or s 37(4) determination or further notice: same (s 37(2) & (5)).
Obstruction of inspectors or refusal to answer questions (s 32): 100 pu (corp), 30 pu (individual).
Breach of the exclusive-insurer rule (s 31(4)): daily penalties of 100/50 pu (corp) or 50/25 pu (individual) for each day of contravention.
All offences are strict-liability in practice once the underlying requirement is proved; “reasonable excuse” is an express defence in several provisions. Proceedings may be brought only by the Minister or the Director of Public Prosecutions (s 49(1)), although inspectors may compile reports for DPP consideration (s 49(2)). Summary proceedings lie in the Local Court (maximum 100 pu regardless of higher statutory maximum) or the Supreme Court in its summary jurisdiction (s 50).
No infringement notice regime exists; enforcement is therefore binary—compliance or prosecution. NCAT review and statutory stays (ss 12(4), 13(8), 39(2)) operate as practical safeguards against oppressive use of company powers. The Act expressly provides that legal challenges do not suspend compliance obligations unless a court so orders (s 48).
How it interacts with other laws
The Coal Industry Act 2001 is deliberately knitted into the State’s work health and safety, workers compensation, corporations and emergency-management frameworks.
Its relationship with the Work Health and Safety (Mines and Petroleum Sites) Act 2013 is closest. Functions under the 2001 Act are expressed to be additional to, not in substitution for, WHS duties (see s 10(1)(d) referral power and s 10(1)(i) training-scheme approval power). Reportable events at rescue stations are aligned with WHS notification requirements (s 45, cross-referencing the 2013 Act’s regulator). Inspector powers under the 2001 Act are narrower than WHS inspector powers and focused on company functions rather than general duty enforcement.
The Workplace Injury Management and Workers Compensation Act 1998 is modified by s 24(1)(b1), which permits diversion of coal-industry premium surpluses to meet District Court coal-miner matter costs after 30 June 2005—an unusual statutory cost-recovery mechanism.
Corporations law is engaged at two levels. Approved companies must be Corporations Act entities whose constitutions satisfy Sch 5; the Minister’s approval power is conditioned on ownership and object requirements (s 9). Service of contribution notices on corporate owners is effected under the Corporations Act (s 20(3)(b)). The exclusive-insurer rule is expressly authorised for Competition and Consumer Act purposes (s 31(3)), neutralising potential s 45 cartel concerns.
Superannuation interaction is governed by the Coal and Oil Shale Mine Workers (Superannuation) Act 1941 and the Superannuation Administration Act 1996. Schedule 1 Part 2 effects a statutory transfer of former Joint Coal Board staff into the Electricity Industry Superannuation Scheme (EISS) with preservation and mobility rules.
Emergency legislation sits above the Act: the State Emergency and Rescue Management Act 1989 and State Emergency Service Act 1989 prevail, and approved companies are subject to them (s 47).
Transitional interaction with repealed statutes is effected by deeming provisions. Orders made under the old Coal Industry Act 1946 s 29 are taken to be orders under the 2001 Act s 13 (Sch 8 cl 4). Workers compensation schemes established by the Joint Coal Board continue as schemes of the nominated approved company (Sch 8 cl 3). The Brigade is a statutory continuation of the 1994 Brigade (Sch 8 cl 6).
Taxation: approved companies and subsidiaries enjoy broad exemption from State taxation except in respect of superannuation activities or non-coal-industry trading (s 23, as amended by the Mine Safety (Cost Recovery) Act 2005).
Recent changes and why
The Act has been amended on nine occasions since 2001, reflecting three policy drivers: alignment with national WHS harmonisation, modernisation of tribunal and superannuation structures, and fine-tuning of funding mechanisms.
The Work Health and Safety (Mines and Petroleum Sites) Act 2013 and cognate amendments (2013 No 54, Sch 3.2; 2015 No 43, Sch 4.2) substituted references to the former Coal Mine Health and Safety Act 2002 with the new WHS mines regime, updated the regulator definition, and adjusted reportable-event obligations (s 45). These changes were necessary to prevent dual regulation and to give the approved companies a formal referral role into the primary safety regulator.
The Civil and Administrative Tribunal Act 2013 cascade (2013 No 95, Sch 2.29) replaced the former Mining Tribunal with NCAT, necessitated by the creation of a single merits-review jurisdiction. Amendments to ss 12, 13, 39 and 45 reflect that shift.
Superannuation and workers compensation adjustments responded to actuarial and administrative experience. The 2005 amendments inserted the District Court cost-recovery stream (s 24(1)(b1)) to address funding pressures on the specialist coal jurisdiction. The 2023 amendments (2023 No 40, Sch 2) updated the MEU definition, refined approval criteria in s 9, and made minor constitutional tweaks to Sch 5 to reflect current union and council structures.
The Coal Industry Amendment (Fees for Rescue Services) Act 2002 clarified that the mines rescue company could charge for emergency services after the first eight hours (s 22(2)–(3)), addressing an unintended funding gap identified shortly after commencement.
Collectively these changes have transformed the Act from a pure transitional statute into a stable, ongoing regulatory scaffold that sits comfortably within the post-harmonisation safety and administrative-law landscape.
Court challenges and controversies
Because prosecutions are centrally controlled (s 49) and many disputes are channelled to NCAT or arbitration, reported case law is sparse. Nevertheless three categories of controversy have emerged in practice.
First, contribution disputes. Mine owners have challenged the transparency and rationality of s 19(3) risk-adjusted levies. Because the mines rescue company is not a public authority, its determinations are not directly amenable to judicial review for Wednesbury unreasonableness; owners instead use the NCAT pathway or negotiate variations. No reported NCAT decisions interpret the six statutory factors, leaving companies with broad discretion provided they act in good faith.
Second, Brigade appointment and termination disputes. Section 42’s compulsory arbitration clause has been invoked where owners nominate personnel the company considers unsuitable on medical or competency grounds. Arbitration under the Commercial Arbitration Act 2010 has proved efficient but has raised questions about whether the mines rescue company’s safety obligations can override an owner’s preference for particular employees.
Third, constitutional entrenchment litigation has been threatened but not litigated. Sch 5 cl 1 requires parliamentary approval for any constitutional change inconsistent with the Schedule. In 2018–19, when the ownership structure was reviewed, both the MEU and Minerals Council obtained legal advice that any shift toward a different shareholding would require fresh legislation. The entrenchment clause has therefore operated as a powerful political lock.
No superior-court challenges have cast doubt on the validity of the compulsory insurance monopsony (s 31) since the Competition authorisation was inserted. The 2002 validation provision (Sch 8 cl 1A) cured a technical commencement mismatch between Commonwealth and State legislation and has never been challenged.
Overall the Act has proved remarkably resilient; its industry-governed model has avoided the industrial-relations flashpoints that plagued the old Joint Coal Board.
Gotchas
Most practitioners miss three structural features that can produce unexpected liability or lost rights.
The eight-hour rule is not a deductible excess. Section 22(3) prohibits charging for the first eight hours of rescue services at an underground coal mine emergency. Many mine owners assume this is an insurance-style excess they can self-insure. In reality the mines rescue company must still deploy resources; the cost is simply borne by the general contribution pool. Late-night or multi-shift incidents can therefore generate cross-subsidisation disputes when the company seeks to recover post-eight-hour costs.
Brigade membership is not optional for nominated employees. Once an owner includes a name on the s 37(3) list and the company appoints the person, the owner must release that employee for training and call-outs (s 44). The only escape is “reasonable excuse”, which does not include operational inconvenience. Refusal can trigger the 200 pu corporate penalty even if the employee is willing. Conversely, if the company refuses to appoint a nominated person, the owner’s obligation is modified only to the extent of that refusal (s 38); fresh nominations must be supplied until the required number is reached.
Inspector reports can trigger parallel WHS prosecutions. An inspector appointed under s 25 who discovers a serious risk while checking compliance with a company order may compile a report that the DPP can use for a Work Health and Safety Act prosecution. Because the company’s functions overlap with PCBU duties, owners can face concurrent regulatory action from two directions—company order proceedings under this Act and regulator action under the WHS Act—without the statutory stays applying to the latter.
Another trap is the interaction between s 23 tax exemption and non-coal activities. If an approved company expands into metalliferous or international training (permitted under s 10(2)), it risks losing its exemption for the entirety of its operations unless those activities are “necessary” to its coal functions. The boundary is fact-sensitive and has never been judicially tested.
Finally, Sch 5 cl 3(3) expressly preserves the Corporations Act replaceable rule on alternate directors. Many company secretaries assume the entire constitution is displaced; in fact alternate-director appointments remain available, which can affect quorum and voting during the staggered director terms required by Sch 5.
How to comply
Compliance begins with governance and ends with audit-ready records.
For mine owners and employers:
Map every underground coal mine against the current s 19 contribution notice. Retain the methodology statement (s 20(1)(b)) and model future production and risk changes to forecast levies.
Maintain a standing Brigade-nomination list that satisfies the numerical, equipment and facility requirements of the latest s 36 determination. Update within 14 days of any refusal or termination (s 41(3)).
Implement a protocol for immediate release of Brigade members on receipt of a call-out or training notice. Document any “reasonable excuse” contemporaneously.
Route all coal-industry workers compensation insurance through the approved company. Maintain records demonstrating that no other insurer has been used.
Appoint a single point of contact for inspector visits. Ensure all site personnel know to request production of the inspector’s notice of appointment before answering questions (s 27(2)).
Calendar NCAT review deadlines: 28 days is the statutory compliance window, but review rights must be exercised promptly to engage the statutory stay.
For approved companies:
Maintain separate funds for mines rescue and workers compensation activities where both functions are exercised (Sch 5 cl 10).
Submit draft annual operating plans by 31 May each year (Sch 5 cl 4) and ensure Ministerial comments are minuted and considered.
Document every contribution determination with reference to the six statutory factors (s 19(3)). Retain actuarial reports supporting any s 24(2) supplementary levy.
Keep a register of Brigade certificates (s 46(2)) and enforce the breathing-apparatus rule (s 46(3)) without exception.
Ensure inspectors receive annual refresher training on entry protocols and the limits of their powers (ss 26–28). Maintain a central log of all books and records removed and permit owner inspection at reasonable times (s 28(b)).
Joint obligations:
Both owners and companies should maintain a shared “s 48 compliance file” for any disputed order so that, if prosecution is threatened, the file can demonstrate continuous attempts at compliance pending review.
Review insurance policies annually to confirm that Brigade members’ deemed employment under s 35(2) is correctly reflected for workers compensation purposes during rescue work.
By treating the Act as an integrated safety-funding-governance code rather than a miscellaneous collection of legacy provisions, participants can convert statutory burdens into defensible, auditable systems that reduce both legal risk and, more importantly, the human cost of coal mining incidents.
Dissolution of Joint Coal Board and Mines Rescue Board
mine means any pit or other place where mining is carried on or which is being developed for mining to be carried on, and includes a quarry and a salt-pan (whether occurring naturally or created artificially) and also includes any place, located at or in the vicinity of the mine, where material extracted from the mine is processed.
Minerals Council means the New South Wales Minerals Council Limited (ACN 002 500 316).
Mines Rescue Board means the corporation constituted by the former 1994 Act.
mines rescue company means the company for the time being approved under section 9 to exercise the functions referred to in section 10 (1) (k) (that is, functions under Division 3 of Part 3 and Part 4).
mining means extracting material from land for the purpose of recovering coal or other minerals from the material or of rehabilitating land from which any such material has been extracted, and includes the following—
(a) loading, conveying and unloading any such material,
(b) operating a coal preparation plant,
(c) quarrying.
Ministerial Holding Corporation means the corporation constituted under section 37B of the State Owned Corporations Act 1989.
owner of a mine means any person who is the immediate proprietor, lessee or occupier of the mine, and includes—
(a) if the mine is being worked by a person who is a liquidator, provisional liquidator, administrator, controller or other person authorised by law to carry on the business of working the mine—that person, or
(b) if the mine belongs to, or is held in trust for, the Crown or a statutory authority—the Crown or that statutory authority, or
(c) if the mine is being worked by a contractor—that contractor,
but does not include a person who—
(d) merely receives a royalty or rent from the mine, or
(e) is merely the owner or lessee of the mine, subject to a lease, grant or licence to, or contract with, another person to work it, or
(f) is merely the owner of the soil in the mine,
and who is not otherwise interested in the coal or other minerals in the mine.
rights means all rights, powers, privileges and immunities (whether present or future and whether vested or contingent).
Tribunal means the Civil and Administrative Tribunal.
underground coal mine means a coal mine in which persons are employed underground while the mine is being worked.
workers compensation company means the company for the time being approved under section 9 to exercise the functions referred to in section 10 (1) (m).
s 3: Am 2013 No 95, Sch 2.29 [1]; 2018 No 19, Sch 1; 2023 No 40, Sch 2[1] [2].
4 Notes
4 Notes
4 Notes
Notes included in this Act do not form part of this Act.
Part 2 Dissolution of Joint Coal Board and Mines Rescue Board
Part 2 Dissolution of Joint Coal Board and Mines Rescue Board
Part 2 Dissolution of Joint Coal Board and Mines Rescue Board
5 Dissolution of Joint Coal Board
5 Dissolution of Joint Coal Board
5 Dissolution of Joint Coal Board
(1) On the dissolution date, the Joint Coal Board is dissolved in so far as it is constituted pursuant to the Coal Industry Act 1946.
(2) The Minister, by order published in the Gazette—
(a) is to name each former member of the JCB staff, and
(b) is to specify an approved company in relation to each former member of the JCB staff so named.
(3) Such an order, whether made before or after the dissolution date, has, or is taken to have, effect on the dissolution date.
(4) Schedule 1 has effect.
6 Transfer of assets, rights and liabilities of Joint Coal Board
6 Transfer of assets, rights and liabilities of Joint Coal Board
6 Transfer of assets, rights and liabilities of Joint Coal Board
(1) On the dissolution date, the assets, rights and liabilities of the Joint Coal Board are transferred to the Ministerial Holding Corporation.
(2) However, any such asset that is a Commonwealth record (within the meaning of the Archives Act 1983 of the Commonwealth) is excluded from the transfer unless the National Archives of Australia has given permission, under section 24 (2) (b) of that Act, for the transfer.
(3) Schedule 2 applies to the transfer effected by this section.
7 Transfer of specified assets, rights and liabilities of Joint Coal Board
7 Transfer of specified assets, rights and liabilities of Joint Coal Board
7 Transfer of specified assets, rights and liabilities of Joint Coal Board
(1) The Minister may, by order in writing published in the Gazette, transfer any such assets, rights and liabilities of the Joint Coal Board—
(a) as were transferred to the Ministerial Holding Corporation under section 6 (1), and
(b) as are specified or referred to in the order,
to an approved company.
(2) Despite section 37B (5) and (6) of the State Owned Corporations Act 1989, the Ministerial Holding Corporation must not dispose of any asset, right or liability (being an asset, right or liability transferred to it by this Act) otherwise than in accordance with an order of the Minister under this section.
(3) An order under this section takes effect on the date specified in the order.
(4) Schedule 2 applies to a transfer under this section.
8 Dissolution of Mines Rescue Board
8 Dissolution of Mines Rescue Board
8 Dissolution of Mines Rescue Board
(1) The Mines Rescue Board is dissolved.
(2) Schedules 3 and 4 have effect.
Part 3 Approved companies
Part 3 Approved companies
Part 3 Approved companies
Division 1 Approval of companies
Division 1 Approval of companies
Division 1 Approval of companies
9 Minister may approve of one or more companies
9 Minister may approve of one or more companies
9 Minister may approve of one or more companies
(1) The Minister may approve (either conditionally or unconditionally) of one or more companies registered under the Corporations Act for the purpose of exercising one or more of the functions set out in Division 2 or 3 of this Part and in Part 4 if the constitution of the company concerned contains—
(a) a statement of the company’s objects that reflects the functions concerned, and
(b) provisions to the effect of those set out in Schedule 5.
(2) The Minister may approve of a company for that purpose even though the company has a constitution containing additional provisions, so long as those provisions are not inconsistent with any provision of the constitution required by subsection (1).
(3) However, the Minister must not—
(a) approve of any company unless the company—
(i) is wholly owned in equal shares by the MEU, or by a company wholly owned by the MEU, and the Minerals Council, or a wholly-owned subsidiary of the Minerals Council, or
(ii) is the wholly-owned subsidiary of another approved company, or
(b) approve of any one or more companies unless the statement of objects of at least one of the companies includes the object of establishing or administering (or establishing and administering), or providing administrative services in respect of, superannuation schemes for the benefit of mine workers (within the meaning of the Coal and Oil Shale Mine Workers (Superannuation) Act 1941), former mine workers and their dependants, or
(c) approve 2 or more companies to exercise the function specified in section 10 (1) (k) at the same time, or
(d) approve 2 or more companies to exercise the function specified in section 10 (1) (m) at the same time.
(4) The Minister’s approval is to be given by a notice that—
(a) is published in the Gazette, and
(b) specifies any conditions of the approval, and
(c) specifies the functions that the company is approved, under this Part, to exercise.
(5) In addition to any other functions it has under its constitution, an approved company has the functions specified in its notice of approval.
(6) The Minister is to act in accordance with such provisions of the constitution of an approved company as are set out in Schedule 5.
Note—
The constitution of an approved company will require (among other things) the Minister to appoint the directors of the company.
s 9: Am 2023 No 40, Sch 2[3].
Division 2 Functions of approved companies
Division 2 Functions of approved companies
Division 2 Functions of approved companies
10 General functions
10 General functions
10 General functions
(1) An approved company must exercise such of the following functions as are specified in its notice of approval—
(a) providing work health and rehabilitation services for workers engaged in the coal industry, including providing preventive medical services, monitoring workers’ health and investigating related health matters,
(b) collecting, collating and disseminating accident and other statistics relating to the health and safety of workers engaged in the coal industry,
(c) collecting, collating and disseminating other statistics related to the coal industry,
(d) referring matters relating to the safety of workers engaged in the coal industry, as it thinks fit, to the regulator within the meaning of the Work Health and Safety (Mines and Petroleum Sites) Act 2013 for consideration,
(e) reporting to the Minister as it thinks fit, or when requested by the Minister, on matters related to the health or welfare of workers engaged in the coal industry, or on any other matter arising out of its functions,
(f) publishing reports and information of public interest concerning or arising out of its functions,
(g) promoting the welfare of workers and former workers in the coal industry in the State, their dependants and communities in coal mining areas,
(h) monitoring, promoting and specifying adequate training standards relating to health and safety for workers engaged in the coal industry,
(i) approving training schemes required for a safety management system under the Work Health and Safety (Mines and Petroleum Sites) Act 2013,
(j) monitoring dust in coal mines,
(k) providing mines rescue and other services in accordance with Division 3 of this Part and Part 4,
(l) establishing or administering (or establishing and administering), or providing administrative services in respect of, superannuation schemes for the benefit of either or both of the following—
(i) mine workers (within the meaning of the Coal and Oil Shale Mine Workers (Superannuation) Act 1941), former mine workers and their dependants,
(ii) employees of the approved company, former employees and their dependants,
(m) establishing or administering (or establishing and administering), or providing, workers compensation insurance schemes in relation to workers engaged in the coal industry.
(2) In addition, an approved company may do either or both of the following—
(a) provide courses in the production and utilisation of coal under international development assistance programs sponsored or administered by the Commonwealth Government or approved by the Minister,
(b) undertake, or take part in, any other activities of benefit to the coal industry in New South Wales as determined by the directors of the company from time to time.
s 10: Am 2002 No 129, Sch 2.2 [1] [2]; 2011 No 67, Sch 4.1 [1]; 2013 No 54, Sch 3.2 [1] [2]; 2015 No 43, Sch 4.2.
11 Ancillary functions
11 Ancillary functions
11 Ancillary functions
For the purpose of exercising its functions, an approved company may—
(a) undertake or arrange for research, inquiries, investigations, surveys, tests and inspections, and
(b) require the keeping and furnishing of statistics, returns and other information relating to matters concerning or arising out of the company’s functions under this Act.
12 Powers relating to health of mine workers
12 Powers relating to health of mine workers
12 Powers relating to health of mine workers
(1) If an approved company is of the opinion that the health of workers at a coal mine is endangered, or is likely to be endangered, by any conditions at the mine or methods in operation at the mine, the approved company may, by notice in writing, require the owner or manager of the mine to do or refrain from doing such things specified in the notice as are necessary to protect the health of the workers.
(2) An owner or manager of a coal mine must not, without reasonable excuse, refuse or fail to comply with a requirement made under this section.
Maximum penalty—200 penalty units in the case of a corporation or 50 penalty units in the case of an individual.
(3) However, the owner or manager concerned may apply to the Civil and Administrative Tribunal for an administra
This is an opening excerpt, not the complete document.