QLDIn ForceAct
Coal Mining Safety and Health Act 1999
sec.201Action to be taken in relation to site of accident or incident
Start here
Get a plain-English read of sec.201
Turn the raw legal text into a practical explanation grounded in Coal Mining Safety and Health Act 1999.
### sec.201 Action to be taken in relation to site of accident or incident
If there is a serious accident or high potential incident, the site senior executive must—
carry out an investigation to decide the causes of the accident or incident; and
prepare a report about the accident or incident that includes recommendations to prevent the accident or incident happening again; and
if the accident or incident is a type prescribed by regulation—give the report mentioned in paragraph (b) to an inspector—
within 30 days after the accident or incident; or
if the CEO or chief inspector, by notice, gives a longer period, of not more than 12 months, within which to give the report—within the longer period.
Maximum penalty—100 penalty units.
The site senior executive must ensure that the place of the accident or incident is not interfered with until—
all relevant details about the accident or incident have been recorded and, if possible, photographed; and
sufficient measurements have been taken to allow the development of an accurate plan of the site; and
a list of witnesses to the accident or incident has been compiled.
Maximum penalty—100 penalty units.
It is not a defence to a proceeding under subsection (1) that the carrying out of an investigation, preparation of a report or forwarding of the report might tend to incriminate the site senior executive or make the executive liable to a penalty.
A report prepared or forwarded by the site senior executive under subsection (1) is not admissible in evidence against the site senior executive, or any other coal mine worker mentioned in the report, in any criminal proceeding other than proceedings about the falsity or misleading nature of the report.
s 201 amd 2000 No. 18 s 11 ; 2011 No. 2 s 19 ; 2024 No. 34 s 77
(sec.201-ssec.1) If there is a serious accident or high potential incident, the site senior executive must— carry out an investigation to decide the causes of the accident or incident; and prepare a report about the accident or incident that includes recommendations to prevent the accident or incident happening again; and if the accident or incident is a type prescribed by regulation—give the report mentioned in paragraph (b) to an inspector— within 30 days after the accident or incident; or if the CEO or chief inspector, by notice, gives a longer period, of not more than 12 months, within which to give the report—within the longer period. Maximum penalty—100 penalty units.
(sec.201-ssec.2) The site senior executive must ensure that the place of the accident or incident is not interfered with until— all relevant details about the accident or incident have been recorded and, if possible, photographed; and sufficient measurements have been taken to allow the development of an accurate plan of the site; and a list of witnesses to the accident or incident has been compiled. Maximum penalty—100 penalty units.
(sec.201-ssec.3) It is not a defence to a proceeding under subsection (1) that the carrying out of an investigation, preparation of a report or forwarding of the report might tend to incriminate the site senior executive or make the executive liable to a penalty.
(sec.201-ssec.4) A report prepared or forwarded by the site senior executive under subsection (1) is not admissible in evidence against the site senior executive, or any other coal mine worker mentioned in the report, in any criminal proceeding other than proceedings about the falsity or misleading nature of the report.
- (a) carry out an investigation to decide the causes of the accident or incident; and
- (b) prepare a report about the accident or incident that includes recommendations to prevent the accident or incident happening again; and
- (c) if the accident or incident is a type prescribed by regulation—give the report mentioned in paragraph (b) to an inspector— (i) within 30 days after the accident or incident; or (ii) if the CEO or chief inspector, by notice, gives a longer period, of not more than 12 months, within which to give the report—within the longer period.
- (i) within 30 days after the accident or incident; or
- (ii) if the CEO or chief inspector, by notice, gives a longer period, of not more than 12 months, within which to give the report—within the longer period.
- (i) within 30 days after the accident or incident; or
- (ii) if the CEO or chief inspector, by notice, gives a longer period, of not more than 12 months, within which to give the report—within the longer period.
- (a) all relevant details about the accident or incident have been recorded and, if possible, photographed; and
- (b) sufficient measurements have been taken to allow the development of an accurate plan of the site; and
- (c) a list of witnesses to the accident or incident has been compiled.