ch.2-pt.1
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Queensland regulation
The regulation prescribes mandatory, technical safety and health controls for coal mines: detailed safety‑management systems, standard operating procedures and fixed engineering and monitoring measures (electrical protections, ventilation and methane/gas monitoring, dust/noise limits, plant/vehicle safeguards, emergency response and training). It makes following the prescribed methods the primary way to meet the Act’s acceptable‑risk standard (s.5, s.6). It binds site senior executives, mine managers, nominated technical officers, contractors, medical advisers and all coal mine workers by imposing operational duties, monitoring, reporting and long recordkeeping obligations (e.g. ss.7,26,223,89,53).
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Direct links to the current provisions in Coal Mining Safety and Health Regulation 2017.
Unless otherwise stated, this chapter applies to surface mines and underground mines. See also chapter 3 which is about surface mines and chapter 4 which is about underground mines.
This chapter, other than sections 47 (2) , 49B (2) and 52 (1) , prescribes ways of achieving an acceptable level of risk at a coal mine in the circumstances mentioned in this chapter. However, this chapter does not deal with all circumstances that expose someone to risk at a coal mine. A person may discharge the person’s safety and health obligation in the circumstances mentioned in this chapter only by following the ways prescribed. See section 34 of the Act for the penalty for failing to discharge the obligation. s 5 amd 2018 SL No. 102 s 7 (sec.5-ssec.1) This chapter, other than sections 47 (2) , 49B (2) and 52 (1) , prescribes ways of achieving an acceptable level of risk at a coal mine in the circumstances mentioned in this chapter. (sec.5-ssec.2) However, this chapter does not deal with all circumstances that expose someone to risk at a coal mine. (sec.5-ssec.3) A person may discharge the person’s safety and health obligation in the circumstances mentioned in this chapter only by following the ways prescribed. See section 34 of the Act for the penalty for failing to discharge the obligation.
A coal mine’s safety and health management system must provide for the following basic elements— risk identification and assessment; hazard analysis; hazard management and control; reporting and recording relevant safety and health information and data.
The potential hazard guide in schedule 1A is a list of potential hazards that may be created by coal mining operations in relation to exploring for or producing coal seam gas or petroleum. The guide is intended to help the site senior executive for a coal mine identify the matters mentioned in subsection (3) for preparing the coal mine’s safety and health management system, including a joint interaction management plan mentioned in division 4 . For subsection (2) , the matters are the activities, and the impact of the activities, that— are carried out or proposed to be carried out as part of coal mining operations at the coal mine; and may affect safe production of coal seam gas or petroleum under an adjacent petroleum lease or overlapping petroleum lease. s 6A amd 2019 SL No. 250 s 4 (sec.6A-ssec.1) The potential hazard guide in schedule 1A is a list of potential hazards that may be created by coal mining operations in relation to exploring for or producing coal seam gas or petroleum. (sec.6A-ssec.2) The guide is intended to help the site senior executive for a coal mine identify the matters mentioned in subsection (3) for preparing the coal mine’s safety and health management system, including a joint interaction management plan mentioned in division 4 . (sec.6A-ssec.3) For subsection (2) , the matters are the activities, and the impact of the activities, that— are carried out or proposed to be carried out as part of coal mining operations at the coal mine; and may affect safe production of coal seam gas or petroleum under an adjacent petroleum lease or overlapping petroleum lease.
The site senior executive for a coal mine must ensure a copy of each risk assessment for the mine, and information and data on which the assessment was based, is kept at the mine until— the assessment is superseded; or the hazard to which the assessment relates is no longer at the mine.
A coal mine’s safety and health management system must provide for effective notification to each person at the mine of the following— protocols for taking action in life threatening situations; CPR protocols emergencies, and the location of known hazards, affecting the person’s safety or health. The system must provide for the following— giving the person immediate notification of matters relevant to the person’s safety or health during coal mining operations; a notification about slippery road conditions the prompt summonsing of assistance in an emergency; assistance from external entities in an emergency; communicating with the external entities; access by inspectors to the external entities’ contact details; access by an inspector in the district in which the mine is located to an emergency contact number for the mine; for a surface mine—giving notification of known hazards in and around a surface mine excavation, including areas where mining activities are taking place, to the open-cut examiner responsible for the excavation; for an underground mine—giving notification of known hazards in an ERZ to the ERZ controller for the zone. (sec.8-ssec.1) A coal mine’s safety and health management system must provide for effective notification to each person at the mine of the following— protocols for taking action in life threatening situations; CPR protocols emergencies, and the location of known hazards, affecting the person’s safety or health. (sec.8-ssec.2) The system must provide for the following— giving the person immediate notification of matters relevant to the person’s safety or health during coal mining operations; a notification about slippery road conditions the prompt summonsing of assistance in an emergency; assistance from external entities in an emergency; communicating with the external entities; access by inspectors to the external entities’ contact details; access by an inspector in the district in which the mine is located to an emergency contact number for the mine; for a surface mine—giving notification of known hazards in and around a surface mine excavation, including areas where mining activities are taking place, to the open-cut examiner responsible for the excavation; for an underground mine—giving notification of known hazards in an ERZ to the ERZ controller for the zone.
A requirement under this regulation for a coal mine to have a standard operating procedure for a hazard applies only if the hazard is at the mine.
The site senior executive for a coal mine must ensure the following steps are taken in developing standard operating procedures for managing and controlling hazards at the mine— the site senior executive must consult with a cross-section of the mine’s coal mine workers involved in carrying out a task under the proposed standard operating procedure to identify the hazards associated with the task and ways of controlling the hazards; the site senior executive must prepare a draft standard operating procedure and give a copy of the procedure to the coal mine workers with whom the site senior executive consulted; if the coal mine workers agree with the draft standard operating procedure, the site senior executive must prepare the procedure as the final standard operating procedure; if the coal mine workers do not agree with the draft standard operating procedure— for a disagreement that is not about a legal or technical matter—the site senior executive must decide the disagreed matter and prepare the final standard operating procedure; or for a disagreement that is about a legal or technical matter—the site senior executive must— obtain further information or advice, including, for example, from a person having the necessary qualifications and experience to give the advice or from a recognised text on the matter; and after consulting with the workers about the information or advice, prepare a further draft standard operating procedure and give a copy of the procedure to the workers; and if the workers disagree with the further draft—decide the disagreed matter and prepare the final standard operating procedure; the site senior executive must include the final standard operating procedure in the mine’s safety and health management system. The site senior executive must ensure— the final standard operating procedure accords with— all matters agreed, under this section, between the site senior executive and coal mine workers; and the site senior executive’s decision, under this section, on any disagreed matters; and a record is kept of the disagreed matters. In developing the standard operating procedure, the site senior executive must— use a risk assessment process recognised by the mining industry as an acceptable process for identifying and controlling hazards; and have regard to the methods of controlling the hazard stated in the database kept by the CEO under section 280 (1) (a) (i) of the Act . s 10 amd 2020 SL No. 69 s 24 sch 1 (sec.10-ssec.1) The site senior executive for a coal mine must ensure the following steps are taken in developing standard operating procedures for managing and controlling hazards at the mine— the site senior executive must consult with a cross-section of the mine’s coal mine workers involved in carrying out a task under the proposed standard operating procedure to identify the hazards associated with the task and ways of controlling the hazards; the site senior executive must prepare a draft standard operating procedure and give a copy of the procedure to the coal mine workers with whom the site senior executive consulted; if the coal mine workers agree with the draft standard operating procedure, the site senior executive must prepare the procedure as the final standard operating procedure; if the coal mine workers do not agree with the draft standard operating procedure— for a disagreement that is not about a legal or technical matter—the site senior executive must decide the disagreed matter and prepare the final standard operating procedure; or for a disagreement that is about a legal or technical matter—the site senior executive must— obtain further information or advice, including, for example, from a person having the necessary qualifications and experience to give the advice or from a recognised text on the matter; and after consulting with the workers about the information or advice, prepare a further draft standard operating procedure and give a copy of the procedure to the workers; and if the workers disagree with the further draft—decide the disagreed matter and prepare the final standard operating procedure; the site senior executive must include the final standard operating procedure in the mine’s safety and health management system. (sec.10-ssec.2) The site senior executive must ensure— the final standard operating procedure accords with— all matters agreed, under this section, between the site senior executive and coal mine workers; and the site senior executive’s decision, under this section, on any disagreed matters; and a record is kept of the disagreed matters. (sec.10-ssec.3) In developing the standard operating procedure, the site senior executive must— use a risk assessment process recognised by the mining industry as an acceptable process for identifying and controlling hazards; and have regard to the methods of controlling the hazard stated in the database kept by the CEO under section 280 (1) (a) (i) of the Act .
The site senior executive for a coal mine must ensure— a list of the mine’s current standard operating procedures is kept— at the mine in a location that is easily accessible by each coal mine worker at the mine; and at any remote operating centre for the mine in a location that is easily accessible by each ROC worker for the mine; and a copy of the current standard operating procedure for a particular activity at the mine is available to, and kept in a location that is easily accessible by— each coal mine worker carrying out the activity; and each operational ROC worker concerned with the activity; and the list and each standard operating procedure is kept in a format that is easy to use and understand. s 11 amd 2024 SL No. 167 s 4
The site senior executive for a coal mine must ensure— a list of the current recognised standards for the mine’s coal mining operations is kept— at the mine in a location that is easily accessible by each coal mine worker at the mine; and at any remote operating centre for the mine in a location that is easily accessible by each ROC worker for the mine; and a copy of the current recognised standard for a particular coal mining operation is available to, and kept in a location that is easily accessible by— each coal mine worker at the mine engaged in the operation; and each operational ROC worker for the mine concerned with the operation; and the list and each recognised standard is kept in a format that is easy to use and understand. s 12 amd 2024 SL No. 167 s 5
This division applies to a coal mine on land the subject of a mining lease if— coal mining operations are carried out at the coal mine within any of the following areas (each an overlapping area )— the area of a petroleum lease (an overlapping petroleum lease ); an area adjacent to the area of a petroleum lease (an adjacent petroleum lease ); an area adjacent to the area of a mineral hydrocarbon mining lease, within the meaning of the Mineral Resources Act 1989 , section 739 ; and the coal mining operations physically affect, or may physically affect the safety of persons or plant in the area of the petroleum lease. In this section— mining lease means a mining lease granted before 27 September 2016. s 12A amd 2025 SL No. 105 s 71 (sec.12A-ssec.1) This division applies to a coal mine on land the subject of a mining lease if— coal mining operations are carried out at the coal mine within any of the following areas (each an overlapping area )— the area of a petroleum lease (an overlapping petroleum lease ); an area adjacent to the area of a petroleum lease (an adjacent petroleum lease ); an area adjacent to the area of a mineral hydrocarbon mining lease, within the meaning of the Mineral Resources Act 1989 , section 739 ; and the coal mining operations physically affect, or may physically affect the safety of persons or plant in the area of the petroleum lease. (sec.12A-ssec.2) In this section— mining lease means a mining lease granted before 27 September 2016.
A joint interaction management plan that contains at least the matter mentioned in subsection (2) must be made for the coal mine before the coal mining operations start. The matter is the identification of the hazards and the assessment of the risks to be controlled that— are, or may be, created by the coal mining operations or petroleum activities carried out in the overlapping area; and affect, or may be likely to affect, the safety and health of persons in the overlapping area. Before making the joint interaction management plan, the site senior executive must— 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 (5) or (6) . For subsection (3) (a) , 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 (5) , either party may apply for arbitration of the dispute at any time. In this section— arbitration means arbitration under the Mineral and Energy Resources (Common Provisions) Act 2014 . authorised activities operating plant see section 12BA . s 12B sub 2025 SL No. 105 s 72 (sec.12B-ssec.1) A joint interaction management plan that contains at least the matter mentioned in subsection (2) must be made for the coal mine before the coal mining operations start. (sec.12B-ssec.2) The matter is the identification of the hazards and the assessment of the risks to be controlled that— are, or may be, created by the coal mining operations or petroleum activities carried out in the overlapping area; and affect, or may be likely to affect, the safety and health of persons in the overlapping area. (sec.12B-ssec.3) Before making the joint interaction management plan, the site senior executive must— 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 (5) or (6) . (sec.12B-ssec.4) For subsection (3) (a) , 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.12B-ssec.5) 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.12B-ssec.6) Despite subsection (5) , either party may apply for arbitration of the dispute at any time. (sec.12B-ssec.7) In this section— arbitration means arbitration under the Mineral and Energy Resources (Common Provisions) Act 2014 . authorised activities operating plant see section 12BA .
In this division— authorised activities operating plant see section 64D of the Act . overlapping area means— an overlapping area under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 104 ; or any of the following areas, if coal mining operations are carried out, or are to be carried out, under a coal mining lease granted before 27 September 2016 in the area, and operations physically affect, or may physically affect, the safety of persons or plant in the area— the area of a petroleum lease; an area adjacent to the area of a petroleum lease. s 12BA def overlapping area sub 2025 SL No. 105 s 73
This section applies for section 64F (1) (i) of the Act . The joint interaction management plan must also describe the way in which the site senior executive of the coal mine and the operator of each operating plant in the overlapping area intend to communicate about, and co-ordinate, each of the following obligations applying for the coal mine and the operating plant— emergency obligations; incident response obligations; induction training obligations; information exchange obligations; vehicle safety obligations. In this section— emergency obligations means— for the coal mine—obligations under chapter 2 , part 5 ; and for the operating plant—obligations under the Petroleum and Gas (Production and Safety) Act 2004 , sections 675 (1) (l) and 693 (d) and (e) . incident response obligations means— for the coal mine—obligations under part 11 of the Act ; and for the operating plant—obligations under the Petroleum and Gas (Production and Safety) Act 2004 , sections 705D , 706 and 707 . induction training obligations means— for the coal mine—obligations under sections 82 (2) (a) and 83 ; and for the operating plant—obligations under the Petroleum and Gas (Production and Safety) Act 2004 , section 693 (a) . information exchange obligations means— for the coal mine—obligations under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 154 ; and for the operating plant—obligations under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 154 or the Petroleum and Gas (Safety) Regulation 2018 , section 51 . vehicle safety obligations means— for the coal mine—obligations under sections 66 , 74 , 76 , 128 and 135 ; and for the operating plant—obligations under the Petroleum and Gas (Safety) Regulation 2018 , section 52 . s 12BB amd 2018 SL No. 135 s 176 ; 2025 SL No. 105 s 74 (sec.12BB-ssec.1) This section applies for section 64F (1) (i) of the Act . (sec.12BB-ssec.2) The joint interaction management plan must also describe the way in which the site senior executive of the coal mine and the operator of each operating plant in the overlapping area intend to communicate about, and co-ordinate, each of the following obligations applying for the coal mine and the operating plant— emergency obligations; incident response obligations; induction training obligations; information exchange obligations; vehicle safety obligations. (sec.12BB-ssec.3) In this section— emergency obligations means— for the coal mine—obligations under chapter 2 , part 5 ; and for the operating plant—obligations under the Petroleum and Gas (Production and Safety) Act 2004 , sections 675 (1) (l) and 693 (d) and (e) . incident response obligations means— for the coal mine—obligations under part 11 of the Act ; and for the operating plant—obligations under the Petroleum and Gas (Production and Safety) Act 2004 , sections 705D , 706 and 707 . induction training obligations means— for the coal mine—obligations under sections 82 (2) (a) and 83 ; and for the operating plant—obligations under the Petroleum and Gas (Production and Safety) Act 2004 , section 693 (a) . information exchange obligations means— for the coal mine—obligations under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 154 ; and for the operating plant—obligations under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 154 or the Petroleum and Gas (Safety) Regulation 2018 , section 51 . vehicle safety obligations means— for the coal mine—obligations under sections 66 , 74 , 76 , 128 and 135 ; and for the operating plant—obligations under the Petroleum and Gas (Safety) Regulation 2018 , section 52 .
This section applies if an overlapping area is subject to— either— an authority to prospect granted before or after the start date; or a petroleum lease granted after the start date, other than a replacement tenure under the Petroleum and Gas (Production and Safety) Act 2004 , section 908 (2) ; and a mining lease granted, or an application for a mining lease made, after the start date. If the mining lease is for an underground coal mine— the additional safety requirements mentioned in sections 12BD and 12BE apply to a borehole in the overlapping area drilled for the mining lease (coal) after the start date; and the standard safety requirements for the borehole do not apply to the borehole to the extent the additional safety requirements are inconsistent with the standard safety requirements. If the mining lease is for a surface mine— the additional safety requirements mentioned in section 12BD apply to a borehole in the overlapping area drilled for the mining lease (coal) after the start date; and the standard safety requirements for the borehole do not apply to the borehole to the extent the additional safety requirements are inconsistent with the standard safety requirements. Despite subsections (2) and (3) , the resource authority holders for the overlapping area may agree on an alternative safety requirement for the borehole. If the resource authority holders for the overlapping area agree under subsection (4) on an alternative safety requirement for a borehole— the standard safety requirements for the borehole do not apply to the borehole to the extent the alternative safety requirement is inconsistent with the standard safety requirements; and the alternative safety requirements for the borehole must be included in the joint interaction management plan for the overlapping area. See section 64E (1) (c) of the Act for the requirement to comply with the joint interaction management plan. In this section— additional safety requirements , for a borehole, means requirements applying to the borehole under section 12BD or 12BE . alternative safety requirement , for a borehole, means a method or procedure that— does not comply with the additional safety requirements for the borehole; and achieves a level of risk that is equal to or less than the level of risk that would be achieved by complying with the additional safety requirements. standard safety requirements , for a borehole, means the requirements applying to the borehole under section 100 . start date means 27 September 2016. 12BC amd 2019 SL No. 89 s 4 (sec.12BC-ssec.1) This section applies if an overlapping area is subject to— either— an authority to prospect granted before or after the start date; or a petroleum lease granted after the start date, other than a replacement tenure under the Petroleum and Gas (Production and Safety) Act 2004 , section 908 (2) ; and a mining lease granted, or an application for a mining lease made, after the start date. (sec.12BC-ssec.2) If the mining lease is for an underground coal mine— the additional safety requirements mentioned in sections 12BD and 12BE apply to a borehole in the overlapping area drilled for the mining lease (coal) after the start date; and the standard safety requirements for the borehole do not apply to the borehole to the extent the additional safety requirements are inconsistent with the standard safety requirements. (sec.12BC-ssec.3) If the mining lease is for a surface mine— the additional safety requirements mentioned in section 12BD apply to a borehole in the overlapping area drilled for the mining lease (coal) after the start date; and the standard safety requirements for the borehole do not apply to the borehole to the extent the additional safety requirements are inconsistent with the standard safety requirements. (sec.12BC-ssec.4) Despite subsections (2) and (3) , the resource authority holders for the overlapping area may agree on an alternative safety requirement for the borehole. (sec.12BC-ssec.5) If the resource authority holders for the overlapping area agree under subsection (4) on an alternative safety requirement for a borehole— the standard safety requirements for the borehole do not apply to the borehole to the extent the alternative safety requirement is inconsistent with the standard safety requirements; and the alternative safety requirements for the borehole must be included in the joint interaction management plan for the overlapping area. See section 64E (1) (c) of the Act for the requirement to comply with the joint interaction management plan. (sec.12BC-ssec.6) In this section— additional safety requirements , for a borehole, means requirements applying to the borehole under section 12BD or 12BE . alternative safety requirement , for a borehole, means a method or procedure that— does not comply with the additional safety requirements for the borehole; and achieves a level of risk that is equal to or less than the level of risk that would be achieved by complying with the additional safety requirements. standard safety requirements , for a borehole, means the requirements applying to the borehole under section 100 . start date means 27 September 2016.
The site senior executive for a coal mine must— use the site senior executive’s best endeavours to ensure all prescribed equipment that is in a borehole drilled for the mine’s mining lease (coal) is removed before the borehole is plugged and abandoned; and ensure the following is available for use at all times when drilling operations in a borehole drilled for the mine’s mining lease (coal) are carried out— adequate equipment for preventing or mitigating the loss of prescribed equipment in the borehole; adequate equipment for seeking to recover prescribed equipment lost in the borehole. If prescribed equipment is lost in a borehole drilled for a mine’s mining lease (coal), the site senior executive for a coal mine must— within 24 hours after the equipment is lost—notify each operator of an authorised activities operating plant in the overlapping area; and within 3 days after the equipment is lost—consult with the chief inspector about the period in which efforts to recover the lost equipment should be made; and abandon efforts to recover the lost equipment only if the chief inspector agrees to the abandonment. In this section— prescribed equipment means— metal equipment, other than casing; and any other equipment or material that may create a hazard to coal mining operations. (sec.12BD-ssec.1) The site senior executive for a coal mine must— use the site senior executive’s best endeavours to ensure all prescribed equipment that is in a borehole drilled for the mine’s mining lease (coal) is removed before the borehole is plugged and abandoned; and ensure the following is available for use at all times when drilling operations in a borehole drilled for the mine’s mining lease (coal) are carried out— adequate equipment for preventing or mitigating the loss of prescribed equipment in the borehole; adequate equipment for seeking to recover prescribed equipment lost in the borehole. (sec.12BD-ssec.2) If prescribed equipment is lost in a borehole drilled for a mine’s mining lease (coal), the site senior executive for a coal mine must— within 24 hours after the equipment is lost—notify each operator of an authorised activities operating plant in the overlapping area; and within 3 days after the equipment is lost—consult with the chief inspector about the period in which efforts to recover the lost equipment should be made; and abandon efforts to recover the lost equipment only if the chief inspector agrees to the abandonment. (sec.12BD-ssec.3) In this section— prescribed equipment means— metal equipment, other than casing; and any other equipment or material that may create a hazard to coal mining operations.
This section prescribes safety requirements for plugging and abandoning a borehole drilled for a mine’s mining lease (coal) in an overlapping area. The site senior executive for a coal mine must ensure that, as part of the plugging and abandoning of the borehole— the borehole is filled with cement from the bottom of the borehole to the surface of the borehole, unless each operator of an authorised activities operating plant in the overlapping area otherwise agrees; and packers and fluids are not left in the borehole. This section applies in addition to the requirements under section 100 . (sec.12BE-ssec.1) This section prescribes safety requirements for plugging and abandoning a borehole drilled for a mine’s mining lease (coal) in an overlapping area. (sec.12BE-ssec.2) The site senior executive for a coal mine must ensure that, as part of the plugging and abandoning of the borehole— the borehole is filled with cement from the bottom of the borehole to the surface of the borehole, unless each operator of an authorised activities operating plant in the overlapping area otherwise agrees; and packers and fluids are not left in the borehole. (sec.12BE-ssec.3) This section applies in addition to the requirements under section 100 .
In this part— reporting period , for a coal mine, means— if the responsible person for the coal mine chooses under section 12FA (2) to give a safety and health census for the coal mine for a financial year—the financial year; or otherwise—each quarter. s 12C def reporting period ins 2019 SL No. 221 s 4 responsible person , for a coal mine, see section 12D . safety and health census see section 12F (1) . safety and health fee see section 12E (1) .
A person is a responsible person for a coal mine if the person is— for a coal mine operated under a mining tenure— if the coal mine operator is an individual—the holder of the mining tenure for the coal mine; or if the coal mine operator is a corporation—the coal mine operator for the coal mine; or for a place that is a coal mine under section 9 (1) (c) of the Act —the person in control of the coal mine. However, if the mining tenure mentioned in subsection (1) (a) (i) is held by more than 1 person, for the purpose of giving or receiving notices under this part, including for giving a safety and health census under section 12F , the responsible person for the coal mine is— if a person has been specified under the Mineral Resources Act 1989 as the person on whom any notice may be served on behalf of the holders of the mining tenure—the person specified; or See the Mineral Resources Act 1989 , sections 133 (c) , 183 (1) (c) and 245 (1) (c) . otherwise—any person who is a holder of the mining tenure. (sec.12D-ssec.1) A person is a responsible person for a coal mine if the person is— for a coal mine operated under a mining tenure— if the coal mine operator is an individual—the holder of the mining tenure for the coal mine; or if the coal mine operator is a corporation—the coal mine operator for the coal mine; or for a place that is a coal mine under section 9 (1) (c) of the Act —the person in control of the coal mine. (sec.12D-ssec.2) However, if the mining tenure mentioned in subsection (1) (a) (i) is held by more than 1 person, for the purpose of giving or receiving notices under this part, including for giving a safety and health census under section 12F , the responsible person for the coal mine is— if a person has been specified under the Mineral Resources Act 1989 as the person on whom any notice may be served on behalf of the holders of the mining tenure—the person specified; or See the Mineral Resources Act 1989 , sections 133 (c) , 183 (1) (c) and 245 (1) (c) . otherwise—any person who is a holder of the mining tenure.
The responsible person for a coal mine must pay a fee (a safety and health fee ) for each reporting period to cover the cost of activities carried out for the purposes of safety and health for coal mining operations. The amount of the safety and health fee for a reporting period for a coal mine is stated in schedule 8 , part 2 . The amount of the safety and health fee for a reporting period for a coal mine must be worked out using information included in the safety and health census given to the CEO by the responsible person for the coal mine under section 12F for the reporting period. Subsection (5) applies if the responsible person for the coal mine gives the CEO a safety and health census under section 12F for a reporting period for the coal mine. The CEO must give the responsible person for the coal mine an invoice for the amount of the safety and health fee for the reporting period for the coal mine— if the reporting period is a financial year—before 30 August of the year; or if the reporting period is a quarter ending on 30 September of a year—before 30 November of the year; or if the reporting period is a quarter ending on 31 December of a year—before 1 March of the following year; or if the reporting period is a quarter ending on 31 March of a year—before 31 May of the year; or if the reporting period is a quarter ending on 30 June of a year—before 30 August of the year. The invoice must state a day for payment that is at least 30 days after the day the CEO gives the responsible person for the coal mine the invoice. The responsible person for the coal mine must pay the safety and health fee for the reporting period on or before the day for payment stated in the invoice. Maximum penalty—100 penalty units. Subsection (5) does not apply if the CEO reasonably believes, based on information available to the CEO, that— a safety and health census received is incomplete or contains information that is incorrect; or See section 12G . no safety and health fee for the reporting period for the coal mine is payable under schedule 8 , part 2 . Subsection (10) applies if— the responsible person for a coal mine gives the CEO a safety and health census for a reporting period for the coal mine after the end of the period within which the census was required to be given under section 12F ; and the CEO has not given the responsible person for the coal mine a notice mentioned in section 12G (2) relating to the census. The CEO must give the responsible person for the coal mine an invoice for the amount of the safety and health fee for the reporting period for the coal mine within 40 days after receiving the census. The CEO’s failure to give an invoice within a period mentioned in subsection (5) or (10) does not affect the validity of an invoice given under this section. s 12E sub 2019 SL No. 221 s 5 amd 2020 SL No. 69 ss 4 , 24 sch 1 ; 2021 SL No. 75 s 4 (sec.12E-ssec.1) The responsible person for a coal mine must pay a fee (a safety and health fee ) for each reporting period to cover the cost of activities carried out for the purposes of safety and health for coal mining operations. (sec.12E-ssec.2) The amount of the safety and health fee for a reporting period for a coal mine is stated in schedule 8 , part 2 . (sec.12E-ssec.3) The amount of the safety and health fee for a reporting period for a coal mine must be worked out using information included in the safety and health census given to the CEO by the responsible person for the coal mine under section 12F for the reporting period. (sec.12E-ssec.4) Subsection (5) applies if the responsible person for the coal mine gives the CEO a safety and health census under section 12F for a reporting period for the coal mine. (sec.12E-ssec.5) The CEO must give the responsible person for the coal mine an invoice for the amount of the safety and health fee for the reporting period for the coal mine— if the reporting period is a financial year—before 30 August of the year; or if the reporting period is a quarter ending on 30 September of a year—before 30 November of the year; or if the reporting period is a quarter ending on 31 December of a year—before 1 March of the following year; or if the reporting period is a quarter ending on 31 March of a year—before 31 May of the year; or if the reporting period is a quarter ending on 30 June of a year—before 30 August of the year. (sec.12E-ssec.6) The invoice must state a day for payment that is at least 30 days after the day the CEO gives the responsible person for the coal mine the invoice. (sec.12E-ssec.7) The responsible person for the coal mine must pay the safety and health fee for the reporting period on or before the day for payment stated in the invoice. Maximum penalty—100 penalty units. (sec.12E-ssec.8) Subsection (5) does not apply if the CEO reasonably believes, based on information available to the CEO, that— a safety and health census received is incomplete or contains information that is incorrect; or See section 12G . no safety and health fee for the reporting period for the coal mine is payable under schedule 8 , part 2 . (sec.12E-ssec.9) Subsection (10) applies if— the responsible person for a coal mine gives the CEO a safety and health census for a reporting period for the coal mine after the end of the period within which the census was required to be given under section 12F ; and the CEO has not given the responsible person for the coal mine a notice mentioned in section 12G (2) relating to the census. (sec.12E-ssec.10) The CEO must give the responsible person for the coal mine an invoice for the amount of the safety and health fee for the reporting period for the coal mine within 40 days after receiving the census. (sec.12E-ssec.11) The CEO’s failure to give an invoice within a period mentioned in subsection (5) or (10) does not affect the validity of an invoice given under this section.
The responsible person for a coal mine must give the CEO, within 20 days after the end of each reporting period, a written notice (a safety and health census ) stating the number of coal mine workers working at the coal mine during the reporting period. Maximum penalty—100 penalty units. Despite subsection (1) , the responsible person may give the safety and health census after the 20-day period mentioned in the subsection ends if, before the period ends— the responsible person applies to the CEO in writing to extend the period to give the safety and health census; and the CEO gives the responsible person a notice stating that the responsible person may give the safety and health census before the end of a day stated in the notice for that purpose. If the responsible person is given notice under subsection (2) (b) , the responsible person must give the CEO the safety and health census before the end of the day stated in the notice for giving the census. Maximum penalty—100 penalty units. The safety and health census must be in the approved form. s 12F amd 2019 SL No. 221 s 6 ; 2020 SL No. 69 s 24 sch 1 (sec.12F-ssec.1) The responsible person for a coal mine must give the CEO, within 20 days after the end of each reporting period, a written notice (a safety and health census ) stating the number of coal mine workers working at the coal mine during the reporting period. Maximum penalty—100 penalty units. (sec.12F-ssec.2) Despite subsection (1) , the responsible person may give the safety and health census after the 20-day period mentioned in the subsection ends if, before the period ends— the responsible person applies to the CEO in writing to extend the period to give the safety and health census; and the CEO gives the responsible person a notice stating that the responsible person may give the safety and health census before the end of a day stated in the notice for that purpose. (sec.12F-ssec.3) If the responsible person is given notice under subsection (2) (b) , the responsible person must give the CEO the safety and health census before the end of the day stated in the notice for giving the census. Maximum penalty—100 penalty units. (sec.12F-ssec.4) The safety and health census must be in the approved form.
This section applies if the number of coal mine workers working at a coal mine is 5 or fewer. Subject to subsection (6) , the responsible person for the coal mine may choose to give a safety and health census for the coal mine for a financial year, rather than for each quarter of a financial year. The responsible person for the coal mine may choose to give a safety and health census for a financial year regardless of whether the person has already given a safety and health census for the coal mine for an earlier quarter of the financial year. Subsection (5) applies if the responsible person for the coal mine— chooses to give a safety and health census for the coal mine for a financial year; and has already paid a safety and health fee for the coal mine for an earlier quarter of the financial year. The CEO must credit the amount of the fee already paid to the amount of the safety and health fee payable for the coal mine using the safety and health census for the financial year. The CEO may, by written notice to the responsible person for the coal mine, require the person to give a safety and health census for the coal mine for each quarter of the current financial year and subsequent financial years. The CEO may cancel the requirement under subsection (6) by subsequent written notice given to the responsible person for the coal mine. s 12FA ins 2019 SL No. 221 s 7 amd 2020 SL No. 69 s 24 sch 1 (sec.12FA-ssec.1) This section applies if the number of coal mine workers working at a coal mine is 5 or fewer. (sec.12FA-ssec.2) Subject to subsection (6) , the responsible person for the coal mine may choose to give a safety and health census for the coal mine for a financial year, rather than for each quarter of a financial year. (sec.12FA-ssec.3) The responsible person for the coal mine may choose to give a safety and health census for a financial year regardless of whether the person has already given a safety and health census for the coal mine for an earlier quarter of the financial year. (sec.12FA-ssec.4) Subsection (5) applies if the responsible person for the coal mine— chooses to give a safety and health census for the coal mine for a financial year; and has already paid a safety and health fee for the coal mine for an earlier quarter of the financial year. (sec.12FA-ssec.5) The CEO must credit the amount of the fee already paid to the amount of the safety and health fee payable for the coal mine using the safety and health census for the financial year. (sec.12FA-ssec.6) The CEO may, by written notice to the responsible person for the coal mine, require the person to give a safety and health census for the coal mine for each quarter of the current financial year and subsequent financial years. (sec.12FA-ssec.7) The CEO may cancel the requirement under subsection (6) by subsequent written notice given to the responsible person for the coal mine.
This section applies if— the responsible person for a coal mine has chosen to give a safety and health census for the coal mine for a financial year under section 12FA (2) ; and during the financial year— the CEO gives the responsible person a notice under section 12FA (6) requiring a safety and health census for the coal mine for each quarter of the financial year; or the number of coal mine workers working at the coal mine increases to more than 5. Despite section 12C , definition reporting period , the reporting period for the coal mine is each quarter of the financial year. The responsible person must give the CEO a safety and health census for the coal mine for the current quarter and each earlier quarter of the financial year, not previously given to the CEO, on or before the required day. Section 12F applies in relation to a safety and health census mentioned in subsection (3) — as if the reference in section 12F (1) to within 20 days after the end of each reporting period were a reference to on or before the required day; and with any other necessary changes. Section 12H applies in relation to a safety and health census mentioned in subsection (3) — as if the reference in section 12H (1) (b) to the day that is 21 days after the end of the reporting period were a reference to the day after the required day; and with any other necessary changes. Subsection (2) stops applying if the requirement mentioned in subsection (1) (b) (i) is cancelled under section 12FA (7) . If subsection (1) (b) (ii) applies, the responsible person for the coal mine may not choose under section 12FA (2) to give a safety and health census for the coal mine for the financial year, even if the number of coal mine workers decreases to 5 or fewer. In this section— required day means— if the CEO has stated a day by which a safety and health census must be given in a notice under section 12FA (6) —the day stated in the notice; or otherwise—the day that is 20 days after the end of the current quarter. s 12FB ins 2019 SL No. 221 s 7 amd 2020 SL No. 69 s 24 sch 1 (sec.12FB-ssec.1) This section applies if— the responsible person for a coal mine has chosen to give a safety and health census for the coal mine for a financial year under section 12FA (2) ; and during the financial year— the CEO gives the responsible person a notice under section 12FA (6) requiring a safety and health census for the coal mine for each quarter of the financial year; or the number of coal mine workers working at the coal mine increases to more than 5. (sec.12FB-ssec.2) Despite section 12C , definition reporting period , the reporting period for the coal mine is each quarter of the financial year. (sec.12FB-ssec.3) The responsible person must give the CEO a safety and health census for the coal mine for the current quarter and each earlier quarter of the financial year, not previously given to the CEO, on or before the required day. (sec.12FB-ssec.4) Section 12F applies in relation to a safety and health census mentioned in subsection (3) — as if the reference in section 12F (1) to within 20 days after the end of each reporting period were a reference to on or before the required day; and with any other necessary changes. (sec.12FB-ssec.5) Section 12H applies in relation to a safety and health census mentioned in subsection (3) — as if the reference in section 12H (1) (b) to the day that is 21 days after the end of the reporting period were a reference to the day after the required day; and with any other necessary changes. (sec.12FB-ssec.6) Subsection (2) stops applying if the requirement mentioned in subsection (1) (b) (i) is cancelled under section 12FA (7) . (sec.12FB-ssec.7) If subsection (1) (b) (ii) applies, the responsible person for the coal mine may not choose under section 12FA (2) to give a safety and health census for the coal mine for the financial year, even if the number of coal mine workers decreases to 5 or fewer. (sec.12FB-ssec.8) In this section— required day means— if the CEO has stated a day by which a safety and health census must be given in a notice under section 12FA (6) —the day stated in the notice; or otherwise—the day that is 20 days after the end of the current quarter.
This section applies to a responsible person for a coal mine who is required to give the CEO a safety and health census. The responsible person must keep records enabling the accuracy of the information required to be included in the safety and health census to be verified. Maximum penalty—100 penalty units. Without limiting subsection (2) , the responsible person must keep records enabling the accuracy of the following information required to be included in the safety and health census to be verified— the number of coal mine workers working at the coal mine; the number of full-time coal mine workers, and non full-time coal mine workers, working at the coal mine; the number of hours worked by coal mine workers working at the coal mine. The responsible person must keep the records in a way that— enables the responsible person to give the CEO the records within 14 days after the CEO asks for the records; and enables the CEO to easily verify the accuracy of the information included in the safety and health census. Maximum penalty—100 penalty units. If the CEO asks the responsible person to give the CEO the records, the responsible person must give the CEO the records— within 14 days after the CEO asks for the records; or if the CEO agrees in writing with the responsible person to another period—within the other period. Maximum penalty—100 penalty units. The responsible person must keep the records for 7 years after the day the responsible person is required to give the CEO the safety and health census. Maximum penalty—100 penalty units. s 12FC ins 2020 SL No. 69 s 5 (sec.12FC-ssec.1) This section applies to a responsible person for a coal mine who is required to give the CEO a safety and health census. (sec.12FC-ssec.2) The responsible person must keep records enabling the accuracy of the information required to be included in the safety and health census to be verified. Maximum penalty—100 penalty units. (sec.12FC-ssec.3) Without limiting subsection (2) , the responsible person must keep records enabling the accuracy of the following information required to be included in the safety and health census to be verified— the number of coal mine workers working at the coal mine; the number of full-time coal mine workers, and non full-time coal mine workers, working at the coal mine; the number of hours worked by coal mine workers working at the coal mine. (sec.12FC-ssec.4) The responsible person must keep the records in a way that— enables the responsible person to give the CEO the records within 14 days after the CEO asks for the records; and enables the CEO to easily verify the accuracy of the information included in the safety and health census. Maximum penalty—100 penalty units. (sec.12FC-ssec.5) If the CEO asks the responsible person to give the CEO the records, the responsible person must give the CEO the records— within 14 days after the CEO asks for the records; or if the CEO agrees in writing with the responsible person to another period—within the other period. Maximum penalty—100 penalty units. (sec.12FC-ssec.6) The responsible person must keep the records for 7 years after the day the responsible person is required to give the CEO the safety and health census. Maximum penalty—100 penalty units.
This section applies if the CEO reasonably believes, based on information available to the CEO, that a responsible person for a coal mine— has not given a safety and health census under section 12F ; or has given an incomplete safety and health census; or has given a safety and health census containing information that is incorrect. The CEO may give the responsible person a notice— stating each of the following— the ground mentioned in subsection (1) (a) , (b) or (c) on which the CEO reasonably believes this section applies in relation to the responsible person; if the ground is the ground mentioned in subsection (1) (c) —the information the CEO reasonably believes is incorrect; the amount of the safety and health fee the CEO reasonably believes is payable by the responsible person for the coal mine; the facts and circumstances forming the basis for the beliefs mentioned in subparagraphs (i) to (iii) ; and inviting the responsible person to give the CEO, within the reasonable period stated in the notice, a written submission about why the responsible person for the coal mine should not be invoiced for the amount mentioned in paragraph (a) (iii) . The CEO must consider any submissions given by the responsible person within the period stated in the notice. If, after complying with subsection (3) , the CEO is satisfied an amount of a safety and health fee is payable by the responsible person, the CEO may give the responsible person an invoice for the fee. Subsection (4) applies even if the responsible person has already been given an invoice for, or paid, a different amount for the fee. The responsible person must pay the amount of the safety and health fee stated in the invoice within 30 days after receiving the invoice. See section 265 of the Act for the recovery of fees. s 12G amd 2020 SL No. 69 s 24 sch 1 (sec.12G-ssec.1) This section applies if the CEO reasonably believes, based on information available to the CEO, that a responsible person for a coal mine— has not given a safety and health census under section 12F ; or has given an incomplete safety and health census; or has given a safety and health census containing information that is incorrect. (sec.12G-ssec.2) The CEO may give the responsible person a notice— stating each of the following— the ground mentioned in subsection (1) (a) , (b) or (c) on which the CEO reasonably believes this section applies in relation to the responsible person; if the ground is the ground mentioned in subsection (1) (c) —the information the CEO reasonably believes is incorrect; the amount of the safety and health fee the CEO reasonably believes is payable by the responsible person for the coal mine; the facts and circumstances forming the basis for the beliefs mentioned in subparagraphs (i) to (iii) ; and inviting the responsible person to give the CEO, within the reasonable period stated in the notice, a written submission about why the responsible person for the coal mine should not be invoiced for the amount mentioned in paragraph (a) (iii) . (sec.12G-ssec.3) The CEO must consider any submissions given by the responsible person within the period stated in the notice. (sec.12G-ssec.4) If, after complying with subsection (3) , the CEO is satisfied an amount of a safety and health fee is payable by the responsible person, the CEO may give the responsible person an invoice for the fee. (sec.12G-ssec.5) Subsection (4) applies even if the responsible person has already been given an invoice for, or paid, a different amount for the fee. (sec.12G-ssec.6) The responsible person must pay the amount of the safety and health fee stated in the invoice within 30 days after receiving the invoice.
This section applies if a responsible person for a coal mine does not give a safety and health census for a reporting period before either or both of the following— if the CEO has given the responsible person a notice mentioned in section 12F (2) (b) —the day after the day stated in the notice for giving the safety and health census; otherwise—the day that is 21 days after the end of the reporting period. The obligation under section 12F to give a safety and health census continues to apply until that section is complied with. A late fee applies and is payable as well as any penalty imposed under section 12F (1) or (3) . The amount of the late fee is stated in schedule 8 , part 2 . s 12H amd 2019 SL No. 221 s 8 ; 2020 SL No. 69 s 24 sch 1 (sec.12H-ssec.1) This section applies if a responsible person for a coal mine does not give a safety and health census for a reporting period before either or both of the following— if the CEO has given the responsible person a notice mentioned in section 12F (2) (b) —the day after the day stated in the notice for giving the safety and health census; otherwise—the day that is 21 days after the end of the reporting period. (sec.12H-ssec.2) The obligation under section 12F to give a safety and health census continues to apply until that section is complied with. (sec.12H-ssec.3) A late fee applies and is payable as well as any penalty imposed under section 12F (1) or (3) . (sec.12H-ssec.4) The amount of the late fee is stated in schedule 8 , part 2 .
This section applies if a responsible person for a coal mine does not pay any amount of a safety and health fee under section 12E or 12G . The responsible person must pay interest on the unpaid amount at the rate of 15% a year. The interest must be calculated as simple interest. The interest payable on the unpaid amount may be recovered by the CEO as a debt. s 12I amd 2020 SL No. 69 s 24 sch 1 (sec.12I-ssec.1) This section applies if a responsible person for a coal mine does not pay any amount of a safety and health fee under section 12E or 12G . (sec.12I-ssec.2) The responsible person must pay interest on the unpaid amount at the rate of 15% a year. (sec.12I-ssec.3) The interest must be calculated as simple interest. (sec.12I-ssec.4) The interest payable on the unpaid amount may be recovered by the CEO as a debt.
If a safety and health fee is overpaid by a responsible person for a coal mine, the CEO must refund the amount of the overpayment to the responsible person. No interest is payable on the amount refunded. s 12J amd 2020 SL No. 69 s 24 sch 1 (sec.12J-ssec.1) If a safety and health fee is overpaid by a responsible person for a coal mine, the CEO must refund the amount of the overpayment to the responsible person. (sec.12J-ssec.2) No interest is payable on the amount refunded.
For section 98B (4) (b) and (5) of the Act , the process stated in schedule 1B is prescribed for conducting an election of a site safety and health representative. s 12K sub 2024 SL No. 167 s 6
s 12L om 2024 SL No. 167 s 7
s 12M om 2024 SL No. 167 s 7
s 12N om 2024 SL No. 167 s 7
s 12O om 2024 SL No. 167 s 7
s 12P om 2024 SL No. 167 s 7
s 12Q om 2024 SL No. 167 s 7
s 13 om 2024 SL No. 167 s 8
For section 198AA (5) of the Act , definition reportable disease , a disease mentioned in schedule 1 is prescribed. s 13A amd 2024 SL No. 167 s 9
For section 198AA (4) of the Act , section 198AA (1) (a) of the Act does not apply in relation to a site senior executive who becomes aware that a person has been diagnosed with a reportable disease if the site senior executive becomes aware through an assessment as defined under section 44 . s 13B ins 2024 SL No. 167 s 10
For section 200 (1) of the Act , a type of serious accident or high potential incident mentioned in schedule 2 , part 1 , is prescribed. For section 201 (1) (c) of the Act , a type of serious accident or high potential incident mentioned in schedule 2 , part 2 , is prescribed. (sec.14-ssec.1) For section 200 (1) of the Act , a type of serious accident or high potential incident mentioned in schedule 2 , part 1 , is prescribed. (sec.14-ssec.2) For section 201 (1) (c) of the Act , a type of serious accident or high potential incident mentioned in schedule 2 , part 2 , is prescribed.
A coal mine’s safety and health management system must provide for the following— the procedure for investigating accidents and incidents at the mine; making the investigation findings available to the mine’s coal mine workers; implementing corrective action for accidents and incidents. The procedure for investigating accidents and incidents must include the involvement of— for accidents and incidents in or around the surface excavation at a surface mine— the open-cut examiner responsible for the excavation and on duty when the accident or incident happened; or if it is not practicable to involve the open-cut examiner mentioned in subparagraph (i) —another open-cut examiner responsible for the excavation; or for accidents and incidents at an underground mine— the ERZ controller for the ERZ in which the accident or incident happened who was on duty when the accident or incident happened; or if it is not practicable to involve the ERZ controller mentioned in subparagraph (i) —another ERZ controller for the zone. (sec.15-ssec.1) A coal mine’s safety and health management system must provide for the following— the procedure for investigating accidents and incidents at the mine; making the investigation findings available to the mine’s coal mine workers; implementing corrective action for accidents and incidents. (sec.15-ssec.2) The procedure for investigating accidents and incidents must include the involvement of— for accidents and incidents in or around the surface excavation at a surface mine— the open-cut examiner responsible for the excavation and on duty when the accident or incident happened; or if it is not practicable to involve the open-cut examiner mentioned in subparagraph (i) —another open-cut examiner responsible for the excavation; or for accidents and incidents at an underground mine— the ERZ controller for the ERZ in which the accident or incident happened who was on duty when the accident or incident happened; or if it is not practicable to involve the ERZ controller mentioned in subparagraph (i) —another ERZ controller for the zone.
The site senior executive for a coal mine must give an inspector notice, in the approved form, if any of the following incidents happen at the mine— a person suffers an injury— of a severity that requires treatment by a doctor, or a nurse, or a person qualified to give first aid; or that prevents the person from carrying out the person’s normal duties at the mine; a high potential incident not mentioned in paragraph (a) . The notice must be given to the inspector— within 1 month after the incident happens; or if the CEO or chief inspector by notice approves a longer period, of not more than 12 months, within which to give the notice—within the longer period. A coal mine’s safety and health management system must include procedures for— telling a site safety and health representative about the things mentioned in section 106 of the Act ; and giving notice to an inspector and industry safety and health representative under section 198 of the Act . In this section— nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession, other than as a student. s 16 amd 2018 SL No. 187 s 8 ; 2024 SL No. 167 s 11 (sec.16-ssec.1) The site senior executive for a coal mine must give an inspector notice, in the approved form, if any of the following incidents happen at the mine— a person suffers an injury— of a severity that requires treatment by a doctor, or a nurse, or a person qualified to give first aid; or that prevents the person from carrying out the person’s normal duties at the mine; a high potential incident not mentioned in paragraph (a) . (sec.16-ssec.2) The notice must be given to the inspector— within 1 month after the incident happens; or if the CEO or chief inspector by notice approves a longer period, of not more than 12 months, within which to give the notice—within the longer period. (sec.16-ssec.3) A coal mine’s safety and health management system must include procedures for— telling a site safety and health representative about the things mentioned in section 106 of the Act ; and giving notice to an inspector and industry safety and health representative under section 198 of the Act . (sec.16-ssec.4) In this section— nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession, other than as a student.
A supervisor for a coal mine has the following responsibilities— ensuring each mine worker for whom the supervisor has responsibilities is given the supervision and help mentioned in sections 85A (2) and 85B ; observing each coal mine worker for whom the supervisor has responsibilities perform tasks; carrying out inspections of workplaces at the coal mine as required under the coal mine’s safety and health management system; recording reports of, and findings and recommendations resulting from, inspections mentioned in paragraph (c) in the mine record; implementing and monitoring hazard controls and risk controls as required under the coal mine’s safety and health management system. s 16A ins 2024 SL No. 167 s 12
A person may appoint a person as an electrical engineering manager only if the person has the recognised competencies for controlling and managing the mine’s electrical engineering activities.
The duties of an electrical engineering manager include controlling and managing the following at the mine— the design of electrical installations; the installation and maintenance of electrical equipment and electrical installations; electrical work; work carried out close to electrical installations.
Before electricity is introduced at a coal mine for use in coal mining operations, or after electricity is permanently disconnected, the site senior executive for the coal mine must notify an inspector of the proposed introduction, or disconnection.
Subject to subsection (2) , only a person who has the recognised competency for repairing, overhauling and maintaining electrical equipment for explosive atmospheres may carry out the following work at a coal mine— electrical work in an ERZ; work on electrical equipment used in an ERZ; work on extra low voltage systems associated with explosion-protected equipment and installations; work on explosion-protected electrical equipment installed at a surface mine; electrical work in an area, at a surface mine, that a risk assessment shows has an explosion risk. Only a person who has the recognised competency for repairing, overhauling and maintaining an electric drive or other electrical equipment for mobile plant used in underground mines may carry out work on extra low voltage systems associated with mobile plant for an underground mine. s 20 amd 2026 SL No. 27 s 3 (sec.20-ssec.1) Subject to subsection (2) , only a person who has the recognised competency for repairing, overhauling and maintaining electrical equipment for explosive atmospheres may carry out the following work at a coal mine— electrical work in an ERZ; work on electrical equipment used in an ERZ; work on extra low voltage systems associated with explosion-protected equipment and installations; work on explosion-protected electrical equipment installed at a surface mine; electrical work in an area, at a surface mine, that a risk assessment shows has an explosion risk. (sec.20-ssec.2) Only a person who has the recognised competency for repairing, overhauling and maintaining an electric drive or other electrical equipment for mobile plant used in underground mines may carry out work on extra low voltage systems associated with mobile plant for an underground mine.
A coal mine must have a standard operating procedure for safely accessing exposed electrical conductors at the mine. The procedure must provide for minimising the risk of energising exposed electrical conductors on which work is to be carried out, including, for example, by using— personal locks; or danger tags; or personal locks and danger tags. The procedure must also provide that before work is carried out on an exposed electrical conductor at above extra low voltage the conductor must be— positively isolated from the electricity source; and tested for zero potential; and if the conductor is a high voltage conductor, earthed. Subsection (5) applies only to a surface mine and only if— it is not practicable to positively isolate the conductor from the electricity source; and access to the conductor is required or work in close proximity to the conductor is required to be carried out. The procedure must also provide that— a risk assessment, including consideration of high fault currents, must be carried out before the work is carried out; and if the risk assessment shows an unacceptable level of risk in carrying out the work with the conductor energised, before the work is carried out, the conductor must be— positively isolated from the electricity source; and tested for zero potential; and if the conductor is a high voltage conductor, earthed. In this section— close proximity , to a conductor, means— for a person— for a high voltage conductor—within the exclusion zone for the person for the conductor under the Electrical Safety Regulation 2013 ; or for a low voltage conductor—within reach of the conductor; or for plant being used for work near an overhead power line—within the minimum clearances required under AS/NZS 3007;2013. (sec.21-ssec.1) A coal mine must have a standard operating procedure for safely accessing exposed electrical conductors at the mine. (sec.21-ssec.2) The procedure must provide for minimising the risk of energising exposed electrical conductors on which work is to be carried out, including, for example, by using— personal locks; or danger tags; or personal locks and danger tags. (sec.21-ssec.3) The procedure must also provide that before work is carried out on an exposed electrical conductor at above extra low voltage the conductor must be— positively isolated from the electricity source; and tested for zero potential; and if the conductor is a high voltage conductor, earthed. (sec.21-ssec.4) Subsection (5) applies only to a surface mine and only if— it is not practicable to positively isolate the conductor from the electricity source; and access to the conductor is required or work in close proximity to the conductor is required to be carried out. (sec.21-ssec.5) The procedure must also provide that— a risk assessment, including consideration of high fault currents, must be carried out before the work is carried out; and if the risk assessment shows an unacceptable level of risk in carrying out the work with the conductor energised, before the work is carried out, the conductor must be— positively isolated from the electricity source; and tested for zero potential; and if the conductor is a high voltage conductor, earthed. (sec.21-ssec.6) In this section— close proximity , to a conductor, means— for a person— for a high voltage conductor—within the exclusion zone for the person for the conductor under the Electrical Safety Regulation 2013 ; or for a low voltage conductor—within reach of the conductor; or for plant being used for work near an overhead power line—within the minimum clearances required under AS/NZS 3007;2013.
A coal mine must have a standard operating procedure for re-energising an electrical circuit at the mine that has been switched off by a circuit protection device. A person may use electrical energy, other than electrical energy generated from appropriately designed test instruments, for locating, isolating or clearing only the following electrical faults— an overload of an electric motor; an earth leakage trip associated with an impedance earth circuit; a 30mA earth leakage trip; an earth continuity trip. (sec.22-ssec.1) A coal mine must have a standard operating procedure for re-energising an electrical circuit at the mine that has been switched off by a circuit protection device. (sec.22-ssec.2) A person may use electrical energy, other than electrical energy generated from appropriately designed test instruments, for locating, isolating or clearing only the following electrical faults— an overload of an electric motor; an earth leakage trip associated with an impedance earth circuit; a 30mA earth leakage trip; an earth continuity trip.
The site senior executive for a coal mine must ensure the design, installation and maintenance of electrical equipment and installations at the mine provide for the following— reliable circuit interruption, under fault conditions, at all points in the mine’s electrical distribution system; each earthing system at the mine to be of sufficiently low impedance to ensure reliable operation of all electrical protection systems and devices and adequate protection against indirect contact; limiting prospective touch voltage, under fault conditions, to within acceptable limits; minimising potential impacts from voltage rise caused by lightning strike, static electricity, voltage surges and other transient voltages to within acceptable limits; preventing a person inadvertently contacting live parts of equipment or an installation exceeding extra low voltage. The design, installation and maintenance may provide for insulation or an enclosure, shield, interlocking device or automatic disconnection device for the equipment or installation.
A coal mine’s electrical engineering manager must ensure the mine has a full current isolator for equipment driven by electricity at the mine. The electrical engineering manager must ensure— the isolator is— clearly identified as the isolator for the equipment; and situated in a location that is easily accessible by a person working on the equipment; and the equipment is clearly identified as being supplied with electricity from the isolator. by marking the isolator or equipment, or placing a notice near the isolator or equipment (sec.24-ssec.1) A coal mine’s electrical engineering manager must ensure the mine has a full current isolator for equipment driven by electricity at the mine. (sec.24-ssec.2) The electrical engineering manager must ensure— the isolator is— clearly identified as the isolator for the equipment; and situated in a location that is easily accessible by a person working on the equipment; and the equipment is clearly identified as being supplied with electricity from the isolator. by marking the isolator or equipment, or placing a notice near the isolator or equipment
A coal mine’s electrical engineering manager must ensure— each electrical control system at the mine operates safely under all operating conditions, including electricity supply instability or failure; and if the system suffers a fault or fails, all emergency stopping systems and safety alarms at the mine remain effective.
A coal mine’s electrical engineering manager must ensure a control circuit at the mine run externally to an enclosure from which the circuit originates— has a voltage of not more than a nominal voltage of 55V to earth; or is protected by earth leakage current protection of not more than 30mA sensitivity; or minimises the risk of direct contact and limits prospective touch voltage to within acceptable limits. An underground mine’s electrical engineering manager must ensure a control circuit for the mine is explosion protected, unless the whole circuit is installed and operated in a NERZ. (sec.26-ssec.1) A coal mine’s electrical engineering manager must ensure a control circuit at the mine run externally to an enclosure from which the circuit originates— has a voltage of not more than a nominal voltage of 55V to earth; or is protected by earth leakage current protection of not more than 30mA sensitivity; or minimises the risk of direct contact and limits prospective touch voltage to within acceptable limits. (sec.26-ssec.3) An underground mine’s electrical engineering manager must ensure a control circuit for the mine is explosion protected, unless the whole circuit is installed and operated in a NERZ.
A coal mine’s safety and health management system must— provide for the security and maintenance of the mine’s electrical control system software and control circuits; and control modification of the software and circuits; and provide for records to be kept of any modifications.
A coal mine’s electrical engineering manager must ensure a single-phase power outlet for low voltage electrical equipment at the mine has— earth leakage current protection of not more than 30mA sensitivity; or a device preventing its use by portable electrical equipment. Subsection (1) does not apply if the power outlet is the only outlet in an isolated electricity supply. In this section— isolated electricity supply means an electricity supply— other than the main electricity supply, that is totally insulated from conductive material; or that is— supplied with electricity from the main electricity supply; and totally isolated from the main electricity supply; and totally insulated from earth. (sec.28-ssec.1) A coal mine’s electrical engineering manager must ensure a single-phase power outlet for low voltage electrical equipment at the mine has— earth leakage current protection of not more than 30mA sensitivity; or a device preventing its use by portable electrical equipment. (sec.28-ssec.2) Subsection (1) does not apply if the power outlet is the only outlet in an isolated electricity supply. (sec.28-ssec.3) In this section— isolated electricity supply means an electricity supply— other than the main electricity supply, that is totally insulated from conductive material; or that is— supplied with electricity from the main electricity supply; and totally isolated from the main electricity supply; and totally insulated from earth.
A coal mine’s electrical engineering manager must ensure each circuit protection device at the mine has an appropriate operating time and tripping current, having regard to a risk assessment of the operation of the part of the electrical installation the device protects. For a surface mine, the operating time may allow for a delay in cutting off the electricity supply if— the device is installed to protect a person operating equipment; and it is appropriate to allow the person to bring the equipment to rest before the electricity supply is cut; and the person is immediately given a clear warning of the fault. (sec.29-ssec.1) A coal mine’s electrical engineering manager must ensure each circuit protection device at the mine has an appropriate operating time and tripping current, having regard to a risk assessment of the operation of the part of the electrical installation the device protects. (sec.29-ssec.2) For a surface mine, the operating time may allow for a delay in cutting off the electricity supply if— the device is installed to protect a person operating equipment; and it is appropriate to allow the person to bring the equipment to rest before the electricity supply is cut; and the person is immediately given a clear warning of the fault.
A person must not change an electrical protection setting for a circuit protection device at a coal mine, unless the person is authorised to make the change by the electrical engineering manager for the mine. In this section— electrical protection setting , for a circuit protection device, means the current, voltage or operating time at which the device is set to trip when the device detects an electrical fault in the circuit. (sec.30-ssec.1) A person must not change an electrical protection setting for a circuit protection device at a coal mine, unless the person is authorised to make the change by the electrical engineering manager for the mine. (sec.30-ssec.2) In this section— electrical protection setting , for a circuit protection device, means the current, voltage or operating time at which the device is set to trip when the device detects an electrical fault in the circuit.
A coal mine’s electrical engineering manager must ensure an unearthed electrical installation at the mine has earth fault detection and control. Subsection (1) does not apply to a single-phase 240V generator of less than 25kW capacity at a surface mine. (sec.31-ssec.1) A coal mine’s electrical engineering manager must ensure an unearthed electrical installation at the mine has earth fault detection and control. (sec.31-ssec.2) Subsection (1) does not apply to a single-phase 240V generator of less than 25kW capacity at a surface mine.
The site senior executive for a coal mine must ensure up-to-date drawings of the mine’s electrical installations are available for use at the mine when electrical equipment and electrical installations are commissioned or modified. The drawings must be updated as soon as practicable, but not later than 8 days, after— the commissioning of any electrical equipment or electrical installation at the mine; or any major modification to electrical equipment or an electrical installation at the mine. The drawings must be kept in a location that is easily accessible by each coal mine worker authorised by an electrical supervisor or the coal mine’s electrical engineering manager to access the drawings. (sec.32-ssec.1) The site senior executive for a coal mine must ensure up-to-date drawings of the mine’s electrical installations are available for use at the mine when electrical equipment and electrical installations are commissioned or modified. (sec.32-ssec.2) The drawings must be updated as soon as practicable, but not later than 8 days, after— the commissioning of any electrical equipment or electrical installation at the mine; or any major modification to electrical equipment or an electrical installation at the mine. (sec.32-ssec.3) The drawings must be kept in a location that is easily accessible by each coal mine worker authorised by an electrical supervisor or the coal mine’s electrical engineering manager to access the drawings.
The site senior executive for a coal mine must ensure the mine has a plan of the mine’s main electrical installation showing the following— the location of each main electricity reticulation line; the location, rating, identifying label and purpose of each main isolator, substation and high voltage switchboard; any information required to perform switching programs; for a surface mine—the general location of each item of high voltage mobile plant supplied with electricity by a trailing cable. The site senior executive for an underground mine must also ensure the mine has a plan of its communication system showing the location of each fixed communication device at the mine. For an underground mine, the scale of each plan under this section must be 1:5000. A plan under this section must be updated as soon as practicable, but not later than 8 days after— for a plan of the communication system—the installation or removal of a communication device; or for a plan of the main electrical installation—the relocation, removal or installation of a thing mentioned in subsection (1) (a) , (b) or (d) . The site senior executive for a coal mine must ensure each plan is kept in a location at the mine that is easily accessible by each coal mine worker authorised by an electrical supervisor or the mine’s electrical engineering manager to access the plan. (sec.33-ssec.1) The site senior executive for a coal mine must ensure the mine has a plan of the mine’s main electrical installation showing the following— the location of each main electricity reticulation line; the location, rating, identifying label and purpose of each main isolator, substation and high voltage switchboard; any information required to perform switching programs; for a surface mine—the general location of each item of high voltage mobile plant supplied with electricity by a trailing cable. (sec.33-ssec.2) The site senior executive for an underground mine must also ensure the mine has a plan of its communication system showing the location of each fixed communication device at the mine. (sec.33-ssec.3) For an underground mine, the scale of each plan under this section must be 1:5000. (sec.33-ssec.4) A plan under this section must be updated as soon as practicable, but not later than 8 days after— for a plan of the communication system—the installation or removal of a communication device; or for a plan of the main electrical installation—the relocation, removal or installation of a thing mentioned in subsection (1) (a) , (b) or (d) . (sec.33-ssec.5) The site senior executive for a coal mine must ensure each plan is kept in a location at the mine that is easily accessible by each coal mine worker authorised by an electrical supervisor or the mine’s electrical engineering manager to access the plan.
A coal mine’s electrical engineering manager or, if there is no electrical engineering manager for the mine, the site senior executive for the mine, must ensure a record of the following matters about the mine’s electrical activities, equipment and installations is kept at the mine— for each electrical installation— its electrical protection settings, fault levels, and cable and conductor sizes and switchgear ratings, including circuit interrupting capacity; and its commissioning dates and results; and its monitoring and test dates and results; for each item of electrical equipment— its commissioning dates and results; and its monitoring and test dates and results; for each item of electrical safety equipment used— its description; and its test dates and results; the name of each person appointed— to control and manage the mine’s electrical engineering activities; or to carry out electrical work and electrical activities; the name of each person authorised to enter an electrical operating area; the activity each person mentioned in paragraph (e) is authorised to carry out in the operating area. In this section— electrical operating area means an area or enclosure in which electrical equipment or an electrical installation is housed. electrical safety equipment includes an instrument for testing electrical equipment, a ladder, a safety harness, an insulating tool and insulating gloves. (sec.34-ssec.1) A coal mine’s electrical engineering manager or, if there is no electrical engineering manager for the mine, the site senior executive for the mine, must ensure a record of the following matters about the mine’s electrical activities, equipment and installations is kept at the mine— for each electrical installation— its electrical protection settings, fault levels, and cable and conductor sizes and switchgear ratings, including circuit interrupting capacity; and its commissioning dates and results; and its monitoring and test dates and results; for each item of electrical equipment— its commissioning dates and results; and its monitoring and test dates and results; for each item of electrical safety equipment used— its description; and its test dates and results; the name of each person appointed— to control and manage the mine’s electrical engineering activities; or to carry out electrical work and electrical activities; the name of each person authorised to enter an electrical operating area; the activity each person mentioned in paragraph (e) is authorised to carry out in the operating area. (sec.34-ssec.2) In this section— electrical operating area means an area or enclosure in which electrical equipment or an electrical installation is housed. electrical safety equipment includes an instrument for testing electrical equipment, a ladder, a safety harness, an insulating tool and insulating gloves.
A coal mine’s safety and health management system must provide for managing emergencies at the mine. The system must provide for the following— identifying, by risk assessment, potential emergency situations; minimising risks associated with potential emergency situations; carrying out aided rescue and self-escape of persons from the mine in an emergency; carrying out emergency exercises, including testing the effectiveness of emergency management procedures and the readiness and fitness of equipment for use in an emergency; auditing and reviewing the emergency exercises; if the mine is a surface mine—involving an open-cut examiner for the mine in— developing and testing the emergency management procedures for activities, including mining activities, in and around the surface excavation at the mine; and auditing the documentation for the procedures; if the mine is an underground mine—involving an ERZ controller for the mine in— developing and testing the emergency management procedures for explosion risk zones; and auditing the documentation for the procedures. (sec.35-ssec.1) A coal mine’s safety and health management system must provide for managing emergencies at the mine. (sec.35-ssec.2) The system must provide for the following— identifying, by risk assessment, potential emergency situations; minimising risks associated with potential emergency situations; carrying out aided rescue and self-escape of persons from the mine in an emergency; carrying out emergency exercises, including testing the effectiveness of emergency management procedures and the readiness and fitness of equipment for use in an emergency; auditing and reviewing the emergency exercises; if the mine is a surface mine—involving an open-cut examiner for the mine in— developing and testing the emergency management procedures for activities, including mining activities, in and around the surface excavation at the mine; and auditing the documentation for the procedures; if the mine is an underground mine—involving an ERZ controller for the mine in— developing and testing the emergency management procedures for explosion risk zones; and auditing the documentation for the procedures.
The site senior executive for a coal mine must ensure a visitor does not enter an operating area at the mine unless— the visitor’s fitness level is assessed in an appropriate way, including, for example, by a questionnaire, to decide if the visitor’s fitness level is adequate to allow the visitor to self-escape from the area; and having regard to conditions prevailing in the area, the visitor’s fitness level is adequate for the self-escape; and personal protective equipment given to the visitor for the self-escape fits the visitor.
A coal mine’s safety and health management system must provide for the following at the mine— fire prevention and control; an effective fire fighting capability; the safety of persons fighting fires; a risk assessment to identify all potential fire hazards at the mine. The system must also provide for the following— the availability at the mine, at all times, of equipment that is appropriate and sufficient to extinguish any potential fire identified by the risk assessment; the location of portable fire extinguishers on or near equipment and installations identified as potential fire hazards by the risk assessment; the compatibility, throughout the mine, of all fire fighting equipment. The coal mine must have a standard operating procedure for action to be taken when a fire is discovered at the mine. (sec.37-ssec.1) A coal mine’s safety and health management system must provide for the following at the mine— fire prevention and control; an effective fire fighting capability; the safety of persons fighting fires; a risk assessment to identify all potential fire hazards at the mine. (sec.37-ssec.2) The system must also provide for the following— the availability at the mine, at all times, of equipment that is appropriate and sufficient to extinguish any potential fire identified by the risk assessment; the location of portable fire extinguishers on or near equipment and installations identified as potential fire hazards by the risk assessment; the compatibility, throughout the mine, of all fire fighting equipment. (sec.37-ssec.3) The coal mine must have a standard operating procedure for action to be taken when a fire is discovered at the mine.
A coal mine’s safety and health management system must provide for first aid at the mine. The system must provide for the following— the supply and placement of first aid supplies and equipment, including supplies and equipment required for emergencies, based on a risk assessment; appropriate first aid training, including refresher training, emphasising the safety of the person giving first aid as well as the safety of the person receiving first aid; the availability of a sufficient number of persons competent in giving first aid. For accidents involving electricity, the mine must have a standard operating procedure for the following— releasing a person from an energised low and high voltage conductor; resuscitating a person in an electrical environment; managing a person’s flash burn injuries. (sec.38-ssec.1) A coal mine’s safety and health management system must provide for first aid at the mine. (sec.38-ssec.2) The system must provide for the following— the supply and placement of first aid supplies and equipment, including supplies and equipment required for emergencies, based on a risk assessment; appropriate first aid training, including refresher training, emphasising the safety of the person giving first aid as well as the safety of the person receiving first aid; the availability of a sufficient number of persons competent in giving first aid. (sec.38-ssec.3) For accidents involving electricity, the mine must have a standard operating procedure for the following— releasing a person from an energised low and high voltage conductor; resuscitating a person in an electrical environment; managing a person’s flash burn injuries.
A person must not consume alcohol at a coal mine other than in an accommodation building or a recreation area designated by the mine’s site senior executive for the purpose.
A person must not carry out a work activity at a coal mine, or enter a part of the mine where on-site activities are carried on, if the person is under the influence of alcohol.
A coal mine’s safety and health management system must provide for controlling risks at the mine associated with the excessive consumption of alcohol. The system must provide for the following about alcohol consumption for persons at the mine— an education program; an employee assistance program; the following assessments to decide a person’s fitness for work— voluntary self-testing; random testing before starting work; testing the person if someone else reasonably suspects the person is under the influence of alcohol. In developing the fitness provisions, the site senior executive for the mine must comply with section 10 , other than section 10 (1) (a) , as if— a reference in the section to a standard operating procedure were a reference to the fitness provisions; and a reference in the section to the coal mine workers with whom the site senior executive consulted were a reference to representatives of the mine’s coal mine workers. In this section— fitness provisions means the part of the safety and health management system that provides for the things mentioned in subsection (2) . (sec.41-ssec.1) A coal mine’s safety and health management system must provide for controlling risks at the mine associated with the excessive consumption of alcohol. (sec.41-ssec.2) The system must provide for the following about alcohol consumption for persons at the mine— an education program; an employee assistance program; the following assessments to decide a person’s fitness for work— voluntary self-testing; random testing before starting work; testing the person if someone else reasonably suspects the person is under the influence of alcohol. (sec.41-ssec.3) In developing the fitness provisions, the site senior executive for the mine must comply with section 10 , other than section 10 (1) (a) , as if— a reference in the section to a standard operating procedure were a reference to the fitness provisions; and a reference in the section to the coal mine workers with whom the site senior executive consulted were a reference to representatives of the mine’s coal mine workers. (sec.41-ssec.4) In this section— fitness provisions means the part of the safety and health management system that provides for the things mentioned in subsection (2) .
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
Unless otherwise stated, this chapter applies to surface mines and underground mines. See also chapter 3 which is about surface mines and chapter 4 which is about underground mines.
This chapter, other than sections 47 (2) , 49B (2) and 52 (1) , prescribes ways of achieving an acceptable level of risk at a coal mine in the circumstances mentioned in this chapter. However, this chapter does not deal with all circumstances that expose someone to risk at a coal mine. A person may discharge the person’s safety and health obligation in the circumstances mentioned in this chapter only by following the ways prescribed. See section 34 of the Act for the penalty for failing to discharge the obligation. s 5 amd 2018 SL No. 102 s 7 (sec.5-ssec.1) This chapter, other than sections 47 (2) , 49B (2) and 52 (1) , prescribes ways of achieving an acceptable level of risk at a coal mine in the circumstances mentioned in this chapter. (sec.5-ssec.2) However, this chapter does not deal with all circumstances that expose someone to risk at a coal mine. (sec.5-ssec.3) A person may discharge the person’s safety and health obligation in the circumstances mentioned in this chapter only by following the ways prescribed. See section 34 of the Act for the penalty for failing to discharge the obligation.
A coal mine’s safety and health management system must provide for the following basic elements— risk identification and assessment; hazard analysis; hazard management and control; reporting and recording relevant safety and health information and data.
The potential hazard guide in schedule 1A is a list of potential hazards that may be created by coal mining operations in relation to exploring for or producing coal seam gas or petroleum. The guide is intended to help the site senior executive for a coal mine identify the matters mentioned in subsection (3) for preparing the coal mine’s safety and health management system, including a joint interaction management plan mentioned in division 4 . For subsection (2) , the matters are the activities, and the impact of the activities, that— are carried out or proposed to be carried out as part of coal mining operations at the coal mine; and may affect safe production of coal seam gas or petroleum under an adjacent petroleum lease or overlapping petroleum lease. s 6A amd 2019 SL No. 250 s 4 (sec.6A-ssec.1) The potential hazard guide in schedule 1A is a list of potential hazards that may be created by coal mining operations in relation to exploring for or producing coal seam gas or petroleum. (sec.6A-ssec.2) The guide is intended to help the site senior executive for a coal mine identify the matters mentioned in subsection (3) for preparing the coal mine’s safety and health management system, including a joint interaction management plan mentioned in division 4 . (sec.6A-ssec.3) For subsection (2) , the matters are the activities, and the impact of the activities, that— are carried out or proposed to be carried out as part of coal mining operations at the coal mine; and may affect safe production of coal seam gas or petroleum under an adjacent petroleum lease or overlapping petroleum lease.
The site senior executive for a coal mine must ensure a copy of each risk assessment for the mine, and information and data on which the assessment was based, is kept at the mine until— the assessment is superseded; or the hazard to which the assessment relates is no longer at the mine.
A coal mine’s safety and health management system must provide for effective notification to each person at the mine of the following— protocols for taking action in life threatening situations; CPR protocols emergencies, and the location of known hazards, affecting the person’s safety or health. The system must provide for the following— giving the person immediate notification of matters relevant to the person’s safety or health during coal mining operations; a notification about slippery road conditions the prompt summonsing of assistance in an emergency; assistance from external entities in an emergency; communicating with the external entities; access by inspectors to the external entities’ contact details; access by an inspector in the district in which the mine is located to an emergency contact number for the mine; for a surface mine—giving notification of known hazards in and around a surface mine excavation, including areas where mining activities are taking place, to the open-cut examiner responsible for the excavation; for an underground mine—giving notification of known hazards in an ERZ to the ERZ controller for the zone. (sec.8-ssec.1) A coal mine’s safety and health management system must provide for effective notification to each person at the mine of the following— protocols for taking action in life threatening situations; CPR protocols emergencies, and the location of known hazards, affecting the person’s safety or health. (sec.8-ssec.2) The system must provide for the following— giving the person immediate notification of matters relevant to the person’s safety or health during coal mining operations; a notification about slippery road conditions the prompt summonsing of assistance in an emergency; assistance from external entities in an emergency; communicating with the external entities; access by inspectors to the external entities’ contact details; access by an inspector in the district in which the mine is located to an emergency contact number for the mine; for a surface mine—giving notification of known hazards in and around a surface mine excavation, including areas where mining activities are taking place, to the open-cut examiner responsible for the excavation; for an underground mine—giving notification of known hazards in an ERZ to the ERZ controller for the zone.
A requirement under this regulation for a coal mine to have a standard operating procedure for a hazard applies only if the hazard is at the mine.
The site senior executive for a coal mine must ensure the following steps are taken in developing standard operating procedures for managing and controlling hazards at the mine— the site senior executive must consult with a cross-section of the mine’s coal mine workers involved in carrying out a task under the proposed standard operating procedure to identify the hazards associated with the task and ways of controlling the hazards; the site senior executive must prepare a draft standard operating procedure and give a copy of the procedure to the coal mine workers with whom the site senior executive consulted; if the coal mine workers agree with the draft standard operating procedure, the site senior executive must prepare the procedure as the final standard operating procedure; if the coal mine workers do not agree with the draft standard operating procedure— for a disagreement that is not about a legal or technical matter—the site senior executive must decide the disagreed matter and prepare the final standard operating procedure; or for a disagreement that is about a legal or technical matter—the site senior executive must— obtain further information or advice, including, for example, from a person having the necessary qualifications and experience to give the advice or from a recognised text on the matter; and after consulting with the workers about the information or advice, prepare a further draft standard operating procedure and give a copy of the procedure to the workers; and if the workers disagree with the further draft—decide the disagreed matter and prepare the final standard operating procedure; the site senior executive must include the final standard operating procedure in the mine’s safety and health management system. The site senior executive must ensure— the final standard operating procedure accords with— all matters agreed, under this section, between the site senior executive and coal mine workers; and the site senior executive’s decision, under this section, on any disagreed matters; and a record is kept of the disagreed matters. In developing the standard operating procedure, the site senior executive must— use a risk assessment process recognised by the mining industry as an acceptable process for identifying and controlling hazards; and have regard to the methods of controlling the hazard stated in the database kept by the CEO under section 280 (1) (a) (i) of the Act . s 10 amd 2020 SL No. 69 s 24 sch 1 (sec.10-ssec.1) The site senior executive for a coal mine must ensure the following steps are taken in developing standard operating procedures for managing and controlling hazards at the mine— the site senior executive must consult with a cross-section of the mine’s coal mine workers involved in carrying out a task under the proposed standard operating procedure to identify the hazards associated with the task and ways of controlling the hazards; the site senior executive must prepare a draft standard operating procedure and give a copy of the procedure to the coal mine workers with whom the site senior executive consulted; if the coal mine workers agree with the draft standard operating procedure, the site senior executive must prepare the procedure as the final standard operating procedure; if the coal mine workers do not agree with the draft standard operating procedure— for a disagreement that is not about a legal or technical matter—the site senior executive must decide the disagreed matter and prepare the final standard operating procedure; or for a disagreement that is about a legal or technical matter—the site senior executive must— obtain further information or advice, including, for example, from a person having the necessary qualifications and experience to give the advice or from a recognised text on the matter; and after consulting with the workers about the information or advice, prepare a further draft standard operating procedure and give a copy of the procedure to the workers; and if the workers disagree with the further draft—decide the disagreed matter and prepare the final standard operating procedure; the site senior executive must include the final standard operating procedure in the mine’s safety and health management system. (sec.10-ssec.2) The site senior executive must ensure— the final standard operating procedure accords with— all matters agreed, under this section, between the site senior executive and coal mine workers; and the site senior executive’s decision, under this section, on any disagreed matters; and a record is kept of the disagreed matters. (sec.10-ssec.3) In developing the standard operating procedure, the site senior executive must— use a risk assessment process recognised by the mining industry as an acceptable process for identifying and controlling hazards; and have regard to the methods of controlling the hazard stated in the database kept by the CEO under section 280 (1) (a) (i) of the Act .
This is an opening excerpt, not the complete document.