QLDIn ForceAct
Coal Mining Safety and Health Act 1999
sec.64ERequirement for joint interaction management plan
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### sec.64E Requirement for joint interaction management plan
The site senior executive for the coal mine must—
before carrying out coal mining operations in the overlapping area, make a plan for the mine that complies with section 64F (a joint interaction management plan ); and
before making the plan—
make reasonable attempts to consult with the operator of each authorised activities operating plant in the overlapping area to jointly identify, analyse and assess risks and hazards in the overlapping area; and
have regard to any reasonable provisions for the plan, relating to the management of the risks and hazards, that are proposed by the operators within 20 days after receiving a copy of the proposed plan; and
either—
reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or
apply for arbitration of the dispute under subsection (3) or (4) ; and
comply with the plan.
Maximum penalty—500 penalty units.
For subsection (1) (b) (i) , the site senior executive is taken to have made reasonable attempts to consult with the operator of an authorised activities operating plant if—
the site senior executive gives the operator a copy of the proposed plan; and
the operator has not, within 20 days after being given the copy, made any proposal to the site senior executive about the provisions for the plan.
If the site senior executive and the operator of an authorised activities operating plant can not agree on the content of a proposed plan within 3 months after the operator receives a copy of the proposed plan, the site senior executive must apply for arbitration of the dispute.
Despite subsection (3) , either party may apply for arbitration of the dispute at any time.
s 64E ins 2014 No. 64 s 206
(sec.64E-ssec.1) The site senior executive for the coal mine must— before carrying out coal mining operations in the overlapping area, make a plan for the mine that complies with section 64F (a joint interaction management plan ); and before making the plan— make reasonable attempts to consult with the operator of each authorised activities operating plant in the overlapping area to jointly identify, analyse and assess risks and hazards in the overlapping area; and have regard to any reasonable provisions for the plan, relating to the management of the risks and hazards, that are proposed by the operators within 20 days after receiving a copy of the proposed plan; and either— reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or apply for arbitration of the dispute under subsection (3) or (4) ; and comply with the plan. Maximum penalty—500 penalty units.
(sec.64E-ssec.2) For subsection (1) (b) (i) , the site senior executive is taken to have made reasonable attempts to consult with the operator of an authorised activities operating plant if— the site senior executive gives the operator a copy of the proposed plan; and the operator has not, within 20 days after being given the copy, made any proposal to the site senior executive about the provisions for the plan.
(sec.64E-ssec.3) If the site senior executive and the operator of an authorised activities operating plant can not agree on the content of a proposed plan within 3 months after the operator receives a copy of the proposed plan, the site senior executive must apply for arbitration of the dispute.
(sec.64E-ssec.4) Despite subsection (3) , either party may apply for arbitration of the dispute at any time.
- (a) before carrying out coal mining operations in the overlapping area, make a plan for the mine that complies with section 64F (a joint interaction management plan ); and
- (b) before making the plan— (i) make reasonable attempts to consult with the operator of each authorised activities operating plant in the overlapping area to jointly identify, analyse and assess risks and hazards in the overlapping area; and (ii) have regard to any reasonable provisions for the plan, relating to the management of the risks and hazards, that are proposed by the operators within 20 days after receiving a copy of the proposed plan; and (iii) either— (A) reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or (B) apply for arbitration of the dispute under subsection (3) or (4) ; and
- (i) make reasonable attempts to consult with the operator of each authorised activities operating plant in the overlapping area to jointly identify, analyse and assess risks and hazards in the overlapping area; and
- (ii) have regard to any reasonable provisions for the plan, relating to the management of the risks and hazards, that are proposed by the operators within 20 days after receiving a copy of the proposed plan; and
- (iii) either— (A) reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or (B) apply for arbitration of the dispute under subsection (3) or (4) ; and
- (A) reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or
- (B) apply for arbitration of the dispute under subsection (3) or (4) ; and
- (c) comply with the plan.
- (i) make reasonable attempts to consult with the operator of each authorised activities operating plant in the overlapping area to jointly identify, analyse and assess risks and hazards in the overlapping area; and
- (ii) have regard to any reasonable provisions for the plan, relating to the management of the risks and hazards, that are proposed by the operators within 20 days after receiving a copy of the proposed plan; and
- (iii) either— (A) reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or (B) apply for arbitration of the dispute under subsection (3) or (4) ; and
- (A) reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or
- (B) apply for arbitration of the dispute under subsection (3) or (4) ; and
- (A) reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or
- (B) apply for arbitration of the dispute under subsection (3) or (4) ; and
- (a) the site senior executive gives the operator a copy of the proposed plan; and
- (b) the operator has not, within 20 days after being given the copy, made any proposal to the site senior executive about the provisions for the plan.