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Coal Mining Safety and Health Regulation 2017
sec.12EPayment of safety and health fee
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### sec.12E Payment of safety and health fee
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.
- (a) if the reporting period is a financial year—before 30 August of the year; or
- (b) if the reporting period is a quarter ending on 30 September of a year—before 30 November of the year; or
- (c) if the reporting period is a quarter ending on 31 December of a year—before 1 March of the following year; or
- (d) if the reporting period is a quarter ending on 31 March of a year—before 31 May of the year; or
- (e) if the reporting period is a quarter ending on 30 June of a year—before 30 August of the year.
- (a) a safety and health census received is incomplete or contains information that is incorrect; or Note— See section 12G .
- (b) no safety and health fee for the reporting period for the coal mine is payable under schedule 8 , part 2 .
- (a) 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
- (b) the CEO has not given the responsible person for the coal mine a notice mentioned in section 12G (2) relating to the census.