Mines Work Health and Safety (Supplementary Requirements) Act 2012
In ForceTAS
Jurisdiction
Tasmania
Act Number
46 of 2012
Collection
act
Plain English Summary
8/10 complexity
This Act adds mine‑specific work health and safety rules to the general Work Health and Safety Act. Mechanically it requires mine holders to appoint mine operators and site senior officers, forces mine operators to have auditable health and safety management systems before starting work, and gives the regulator, Chief Inspector of Mines and mines inspectors powers to audit, direct changes, require independent audits and grant exemptions (ss 11, 14, 20, 9, 23–26). Compliance costs fall on mine holders and mine operators; key discretionary choices rest with the regulator/Chief Inspector (ss 8, 25, 26).
This Act adds mine‑specific duties, roles, processes and regulator powers to the Work Health and Safety framework. Mechanically, it is incorporated into the Work Health and Safety Act 2012 (WHS Act) and is to be read with that Act as a single Act (s 4). The Act creates and prescribes:
a Chief Inspector of Mines role and competency requirements for that role (s 8);
a class of inspectors designated as mines inspectors and competency requirements (s 10A);
mandatory appointments and information flows: mine holder must appoint a mine operator before operations start (s 11) and advise the Chief Inspector (s 12); mine operator must appoint a site senior officer (s 14) and ensure the site senior officer maintains an on‑site presence commensurate with risk (s 15);
specific duties for site senior officers (s 17), and obligations on mine operators to cover site senior officer absences (s 18);
obligations for persons conducting a business or undertaking at a mine, workers and visitors to comply with reasonable health and safety directions (ss 19, 29);
a mandatory health and safety management system (HSMS) requirement for mine operators, including that operations must not commence unless an HSMS complying with Part 4 is in place (s 20(1)-(2)); consultation in preparing or changing the HSMS (s 21); and duties to ensure work is carried out in accordance with the system (s 22);
inspection, audit and review powers for mines inspectors (s 23), and powers to direct amendment or review of an inadequate HSMS (s 24);
power for the Chief Inspector to require independent audits where risks could give rise to serious injury, death or dangerous situations; the audit must be by a person approved by the Chief Inspector and the operator pays (s 25);
Current sections
Direct links to the current provisions in Mines Work Health and Safety (Supplementary Requirements) Act 2012.
[Section 3 Amended by No. 39 of 2020, s. 4, Applied:27 Dec 2020] The object of this Act is to assist in securing the health and safety of mine workers, and other people exposed to risks to their health or safety arising from mining operations, through the implementation of health and safety measures, specific to mines and mining operations, that are in addition to, or in substitution of, the measures imposed under the Work Health and Safety Act 2012 .
4
Incorporation of Act into Work Health and Safety Act 2012
4 Incorporation of Act into Work Health and Safety Act 2012
(1) This Act is to be incorporated in, and read together with, the Work Health and Safety Act 2012 as a single Act and accordingly –
(a) subject to subsection (2) , words and expressions that are used in this Act or regulations made under this Act and that are defined in the Work Health and Safety Act 2012 have, unless the contrary intention appears, the same respective meanings; and
(b) a reference in the Work Health and Safety Act 2012 to "this Act" includes, unless the contrary intention appears, a reference to this Act and any regulations made under this Act; and
(c) a reference in any regulations made under the Work Health and Safety Act 2012 to "the Act" includes, unless the contrary intention appears, a reference to this Act and any regulations made under this Act; and
(d) a reference in any regulations made under the Work Health and Safety Act 2012 to a matter "under the Act" includes, unless the contrary intention appears, a reference to any regulations made under this Act.
(2) Despite subsection (1)(a) , words that are used in this Act and that are defined in Part 2 are, in this Act, to be taken to have the meaning they have in this Act.
(b) a reference in any regulations made under this Act to these regulations is not to be taken to be a reference to any regulations made under the Work Health and Safety Act 2012 .
hours worked means hours worked, as calculated in accordance with section 7 ;
[Section 5 Amended by No. 39 of 2020, s. 6, Applied:27 Dec 2020]mine includes any place at, in, on or under which mining operations are carried out and includes any fixtures, fittings, plant or structures at such a place that are used for, or in connection with, mining operations;
(b) in relation to exploration, the holder of a mineral tenement, under the Mineral Resources Development Act 1995 ,that is relevant to that exploration; or
(c) if paragraphs (a) and (b) do not apply, the person for whose benefit the mining operations are carried out;
mine operator means the entity or individual appointed as, or taken to be, a mine operator under section 11 ;
mineral includes the following:
(a) an inorganic substance;
(b) an atomic substance;
(c) a geothermal substance;
(d) coal;
(e) oil;
(f) petroleum;
(g) gas;
(h) sand, rock, crushed stone, gravel or clay produced or excavated for commercial purposes;
(i) matter forming part of the crust of the earth –
but does not include the following:
(j) subsoil;
(k) the layer of soil sustaining vegetation;
(l) water, except where it is a geothermal substance;
(b) the extraction or excavation of minerals, or other material containing minerals, from the ground;
(c) the following activities undertaken on the same site, adjacent to, or as part of, a continuous process of extraction:
(i) the preparation or processing of extracted or excavated material, ore, minerals, tailings, spoil heaps or waste dumps including crushing, grinding, sizing, washing, concentrating, separating, smelting and refining;
(ii) the extraction, excavation, removal, handling, transport and storage of minerals, substances, contaminants and waste;
(iii) the construction, operation, maintenance and removal of plant and buildings;
(e) any other activity or operation declared under subsection (3) to be a mining operation.
(2) Despite subsection (1) , in this Act, mining operations does not include –
(a) any activity associated with the production on private land of any rock, crushed stone, gravel, sand or clay for the private, non-commercial use of the owner; or
(3A) [Section 6 Subsection (3A) inserted by No. 39 of 2020, s. 7, Applied:27 Dec 2020] The regulator may, by notice in the Gazette, declare an activity or operation at a particular site to not be a mining operation, if the regulator is satisfied that the activity or operation is not being undertaken in preparation for, or in the course of or as a result of, the occurrence at that site of another activity or operation referred to in subsection 1(a) , (ab) , (b) or (c) .
(1) The number of hours worked at a mine in a month is the average of the hours worked per month over the previous 6 months during which work has been carried out at the mine.
(2) If work has been carried out at the mine in less than 6 of the previous 12 months, the number of hours worked per month is to be calculated by making a reasonable estimate as to the number of hours that will be worked at the mine in the forthcoming month.
(3) In calculating the number of hours worked, or that will be worked, at a mine, all hours worked or estimated to be worked, respectively, by all individuals at the mine are to be included, regardless of whether the individuals are the mine holder, mine operator, employees, self-employed persons, employees of contractors or other employers, labour hire workers or persons engaged for work under any other arrangement.
(a) holds a relevant degree, or equivalent qualification, as specified in subsection (1B) ; and
(b) has knowledge, skills and experience, relevant to mining operations, to enable the inspector to exercise effectively the powers, and perform effectively the functions, of the Chief Inspector of Mines; and
(c) holds such other qualifications, or has such other knowledge, skills and experience, as may be prescribed for this section.
(i) is a bachelor degree, with a major, or honours, in the area of mining engineering; and
(ii) has been awarded on the completion of a program accredited, in accordance with the Washington Accord, by a full signatory to the Washington Accord; or
(b) a qualification is an equivalent qualification if the regulator is satisfied, on reasonable grounds, that the qualification is equal to, or exceeds, the requirements of a degree referred to in paragraph (a) .
(2) The Chief Inspector of Mines is, subject to the direction of the regulator, responsible for –
(a) the oversight and direction of inspectors assigned primarily to mines; and
(b) any other functions conferred on the Chief Inspector of Mines by this Act or the regulations.
Washington Accord means the international agreement, established on 28 September 1989 and as amended from time to time, known as the Washington Accord that specifies the manner in which programs, to satisfy the academic requirements for the practice of engineering at a professional level, are to be accredited and recognised by the signatory organisations to the agreement.
9
Chief Inspector of Mines may issue directions to mine operator and site senior officers
9 Chief Inspector of Mines may issue directions to mine operator and site senior officers
(1) For the purpose of preventing injuries to, and risks to the health of, workers and any other person at a mine, the Chief Inspector of Mines, by notice in writing served on a mine operator or site senior officer, may –
(a) direct the person on whom the notice is served to take the steps that the Chief Inspector of Mines considers necessary and specifies in the notice; or
(b) direct that any specified plant, equipment, appliance or substance must not be used in or in connection with, or stored at, a mine that is specified in the notice.
(2) Without limiting subsection (1) , a notice may require that the person on whom the notice is served must, so far as is reasonably practicable, do all or any, or a combination of any, of the following:
(a) employ or engage a person who, being suitably qualified in relation to occupational health and safety, is able to provide advice to the person in relation to the health and safety of workers and any other person at a mine;
(b) monitor, at a mine, conditions likely to affect the health and safety of any person;
(c) prepare a written health and safety policy.
(3) A person on whom a notice is served under subsection (1) must comply with the notice.
(a) a body corporate, a fine not exceeding $250 000; or
(b) an individual, a fine not exceeding $50 000.
10
Protection from liability
10 Protection from liability
(1) The Chief Inspector of Mines does not incur any personal liability in respect of any act done or omitted to be done by the Chief Inspector of Mines in good faith in the performance or exercise, or purported performance or exercise, of any function or power of the Chief Inspector of Mines under this Act.
(2) Subsection (1) does not preclude the Crown from incurring liability that the Chief Inspector of Mines would, but for that subsection, incur.
(a) has the knowledge, skills and experience, that the regulator and Chief Inspector of Mines have specified as relevant to mining operations, to enable the person to exercise effectively the powers, and perform effectively the functions, of a mines inspector under this Act; and
(b) holds such other qualifications, or has such other knowledge, skills and experience, as may be prescribed for this section.
Division 2
Mine operators
Division 2 Mine operators
11
Appointment of mine operators
11 Appointment of mine operators
(1) The mine holder in respect of a mine must appoint a mine operator before any mining operations are carried out at the mine.
(a) a body corporate, a fine not exceeding $100 000; or
(b) an individual, a fine not exceeding $20 000.
(2) A mine holder may appoint as the mine operator –
(a) himself, herself or itself; or
(b) a person conducting a business or undertaking in respect of mining operations to be carried out at the mine for or on behalf of the mine holder.
(3) If a mine holder appoints a person under subsection (2)(b) , the mine holder must authorise that person to manage or control the mine and the mining operations to the extent necessary to discharge the mine operator's duties.
(4) The appointment of a mine operator under subsection (2) is to be made in writing and is to include the date on which the appointment takes effect.
(5) Subsection (4) does not apply in relation to the appointment of a mine holder to be the mine operator, if notice of the appointment is given under section 12(1) .
(6) If the proposed mine operator is not the mine holder, the appointment of a mine operator under subsection (2) is to contain a signed statement to the effect that the proposed mine operator agrees to the appointment.
(7) In making an appointment under this section, the mine holder must exercise due diligence in selecting a mine operator who has the capacity and resources to ensure that work at the mine can be carried out safely.
(a) a body corporate, a fine not exceeding $500 000; or
(b) an individual, a fine not exceeding $100 000.
(8) If a mine holder does not appoint a mine operator under subsection (2) in accordance with this section, the mine holder is taken to be the mine operator.
12
Advice of appointment, &c., to be given to Chief Inspector of Mines
12 Advice of appointment, &c., to be given to Chief Inspector of Mines
(1) The mine holder must advise the Chief Inspector of Mines, in writing, of –
(a) the name and contact details of the mine operator; and
(b) the date on which the appointment takes effect.
(2) The mine holder must advise the Chief Inspector of Mines under subsection (1) within 14 days after the making of the appointment under section 11(2) .
(a) a body corporate, a fine not exceeding $50 000; or
(b) an individual, a fine not exceeding $10 000.
(3) The mine holder must advise the Chief Inspector of Mines of any subsequent change in the mine operator's details, or the termination of the mine operator's appointment, within 14 days after that change or termination.
(a) a body corporate, a fine not exceeding $50 000; or
(b) an individual, a fine not exceeding $10 000.
13
Chief Inspector of Mines may approve multiple persons to have responsibility for certain mining operations
13 Chief Inspector of Mines may approve multiple persons to have responsibility for certain mining operations
(1) The Chief Inspector of Mines may approve, in writing and with or without conditions, an arrangement under which more than one entity or individual has responsibility for various mining operations at a mine.
(2) The Chief Inspector of Mines may not approve an arrangement under subsection (1) in respect of a mine unless –
(a) the mine holder provides a clear statement of the respective responsibilities of each party at the mine; and
(b) the Chief Inspector is satisfied that the arrangement –
(i) will enable sufficient coordination and control of the work; and
(ii) will not diminish occupational health and safety at the mine.
(3) If –
(a) the mine holder and the mine operator are different persons; and
(b) the mine holder has any control over (including the capacity to control) the resources available to the mine operator –
the mine holder must, so far as is reasonably practicable, ensure that adequate resources are available to the mine operator to ensure that the mining operations can be carried out safely.
(a) a body corporate, a fine not exceeding $500 000; or
(b) an individual, a fine not exceeding $100 000.
(4) If the mine holder and the mine operator are different persons, the mine holder must, so far as is reasonably practicable, provide adequate information, including relevant plans, to the mine operator to ensure that the mining operations can be carried out safely.
(a) a body corporate, a fine not exceeding $500 000; or
(b) an individual, a fine not exceeding $100 000.
Division 3
Site senior officers
Division 3 Site senior officers
14
Site senior officers
14 Site senior officers
(1) Subject to subsection (5) , a mine operator in respect of a mine must appoint a site senior officer for the mine who satisfies the requirements of subsection (3) .
(a) appropriate background, experience and competence for the functions of site senior officer under this Act at the mine concerned, taking into account –
(i) the level of risk to health and safety arising from mining operations at the mine; and
(ii) the size of the mine; and
(iii) the technical expertise available to the site senior officer at the mine; and
(b) any requirements specified in regulations for the purposes of this subsection, including qualifications, training, background, experience, knowledge and understanding.
(6) If an appointment is made under subsection (1) and the person appointed is not the mine operator, the mine operator must –
(a) give the person appointed written advice of the appointment; and
(b) give notice of that appointment, as far as reasonably practicable, to all persons employed or engaged at the workplace; and
(c) notify the Chief Inspector of Mines in writing of the name, relevant experience and qualifications of the site senior officer as soon as practicable after –
15 Site senior officer to maintain presence at mine
The mine operator must ensure that the site senior officer maintains a presence at the mine commensurate with the nature, size and complexity of the mine and mining operations and the associated risks, taking into account any relevant guidance material declared by the Chief Inspector of Mines under section 33 .
(a) a body corporate, a fine not exceeding $100 000; or
(b) an individual, a fine not exceeding $20 000.
16
Additional requirements if site senior officer is not mine operator
16 Additional requirements if site senior officer is not mine operator
(1) This section applies if the site senior officer for a mine is not the mine operator for the mine.
(2) Unless otherwise approved under subsection (3) , the mine operator must ensure that the site senior officer at the mine is the most senior officer (in terms of level of authority to direct operations at the mine) employed or engaged by the mine operator at the mine.
(a) a body corporate, a fine not exceeding $100 000; or
(b) an individual, a fine not exceeding $20 000.
(3) The Chief Inspector of Mines may approve, with or without conditions, a person being the site senior officer at a mine even though the person is not the most senior officer (in terms of level of authority to direct operations at the mine) employed or engaged by the mine operator at the mine.
(4) The mine operator for a mine must ensure that the site senior officer –
(a) has responsibility for mining operations and health and safety at the mine; and
(b) is based in Tasmania at all times when the mine is operational; and
(c) has sufficient authority and control over the mining operations to close or suspend operations, at the mine or in parts of the mine, that may expose employees to an unreasonable risk to their health or safety.
(a) a body corporate, a fine not exceeding $100 000; or
(b) an individual, a fine not exceeding $20 000.
(5) The mine operator for a mine must ensure that the site senior officer at the mine contributes to –
(a) the development, implementation, maintenance, monitoring and review of the health and safety management system at the mine, at the appropriate stages in the life cycle of the system at the mine; and
(b) the development, implementation and maintenance of risk management systems at the mine; and
(c) the development, implementation and maintenance, at the appropriate times, of the management structure for the mine.
(a) a body corporate, a fine not exceeding $100 000; or
(b) an individual, a fine not exceeding $20 000.
17
Duties of site senior officers
17 Duties of site senior officers
(1) The site senior officer for a mine must ensure, as far as practicable, in relation to matters over which he or she has the capacity to control or to influence control, that the mining operations or the state of the mine do not adversely affect the health or safety of any person.
(2) Without limiting the generality of subsection (1) , the site senior officer is not to be taken to have ensured that the mining operations or the state of the mine do not adversely affect the health or safety of any person unless he or she, so far as practicable, has ensured the following matters, if he or she has the capacity to control or to influence control over them:
(a) adequate planning, organisation, leadership and control of operations to ensure that the operations do not adversely affect health and safety;
(b) the carrying out of critical work at the mine that requires particular technical competencies;
(c) adequate and competent supervision and control of operations on each shift at the mine;
(d) regular monitoring and assessment of the working environment, work procedures, equipment and installations at the mine;
(e) appropriate inspection of each work area at the mine including, where necessary, pre-shift inspections;
(f) compliance with the mine’s health and safety management system, if any;
(g) appropriate means, practices and procedures for communication between –
(i) workers; and
(ii) workers and management; and
(iii) workers on one shift and workers on another shift;
(h) cessation of work, closure and or evacuation, as appropriate, at all or part of the mine when there is an imminent and material risk of serious injury, serious illness or death, until the risk is eliminated or minimised.
(3) The site senior officer at a mine must report to the operator of the mine –
(a) any risks to health or safety at the mine that have not been eliminated, or adequately managed, reduced or controlled; and
(b) any significant departures from, or identified inadequacies in, the mine’s health and safety management system that are likely to give rise to increased risk of injury or harm to the health of a person; and
(c) vacancies or inadequacies in the management structure that the site senior officer at the mine is unable to rectify and that are likely to adversely affect the health or safety of persons affected by mining operations at the mine.
(1) The mine operator must make arrangements for another individual to undertake the duties of the site senior officer if the site senior officer is absent from the mine for –
(a) a significant period of time in relation to the complexity of operations at the mine, the size of those operations and the level of risk at the mine; or
(b) in any event, more than 7 continuous days during which mining operations are undertaken at the mine.
(a) a body corporate, a fine not exceeding $100 000; or
(b) an individual, a fine not exceeding $20 000.
(2) If, at a mine where the number of hours worked is 3 000 or more per month, a site senior officer who is not the mine operator is absent for more than 14 continuous days during which mining operations are undertaken at the mine, the mine operator must advise the Chief Inspector of Mines, in writing and as soon as practicable, of –
(a) the site senior officer's absence; and
(b) the alternative arrangements put in place, or proposed to be put in place, during that absence.
(a) a body corporate, a fine not exceeding $25 000; or
(b) an individual, a fine not exceeding $5 000.
Division 4
Compliance with directions
Division 4 Compliance with directions
19
Compliance with directions of mine operator or site senior officer
19 Compliance with directions of mine operator or site senior officer
(1) A person who conducts a business or undertaking at a mine must comply, so far as is reasonably practicable, with any reasonable direction, issued by the mine operator or site senior officer for the mine, in relation to health or safety.
(1) [Section 20 Subsection (1) amended by No. 39 of 2020, s. 21, Applied:27 Dec 2020] A mine operator must develop, implement, maintain and review a health and safety management system for the mine that is both effective for and commensurate with the nature, size and complexity of the mine and mining operations, and the associated risks.
Workers to be consulted in preparation and amendment of system
21 Workers to be consulted in preparation and amendment of system
During the preparation or amendment of any part of the health and safety management system relevant to their activities, a mine operator must consult, so far as is reasonably practicable, with workers who may be exposed to risk to their health or safety arising from the mining operations for the mine.
(a) a body corporate, a fine not exceeding $100 000; or
(b) an individual, a fine not exceeding $20 000.
22
Work to be carried out in accordance with system
22 Work to be carried out in accordance with system
A mine operator must ensure, so far as is reasonably practicable, that any work at the mine, including work undertaken by contractors and their workers, is carried out in compliance with any health and safety management system for the mine.
(a) the health and safety management system, if any, for a mine and any of the components required by the regulations to be included as part of the health and safety management system; and
(b) any other requirements for the mine required by this Act or the regulations.
(a) a body corporate, a fine not exceeding $250 000; or
(b) an individual, a fine not exceeding $50 000.
25
Chief Inspector of Mines may require independent audit
25 Chief Inspector of Mines may require independent audit
(1) In this section –
bipartite team means a team of persons with appropriate expertise of whom –
(a) at least one is employed by, or is a member of, a union representing mine workers; and
(b) at least one is a mine operator from another mine or is employed –
(i) in undertaking, or providing services to, mining; or
(ii) by a mining industry organisation.
(2) If –
(a) the risks arising from the operation of a mine have the potential to give rise to the serious injury or death of a person, an emergency, or a dangerous situation; and
(b) the Chief Inspector of Mines is not satisfied that the health and safety management system for the mine adequately manages the risk –
the Chief Inspector of Mines may direct the mine operator to obtain an independent audit of the health and safety management system, either in general or in relation to one or more specific aspects.
(3) A mine operator who is directed under subsection (2) to obtain an audit must obtain the audit and provide the outcome of it to the Chief Inspector of Mines.
(a) the reasons for requiring the audit to be carried out and its objectives; and
(b) that the person who carries out the audit must be a person approved by the Chief Inspector of Mines; and
(c) the date by which the outcome of the audit is to be provided to the Chief Inspector of Mines.
(5) For the purposes of subsection (4)(b) , the Chief Inspector of Mines may approve a person, or group of persons, only if –
(a) the person or group has the necessary qualifications or experience to carry out the audit; and
(b) the Chief Inspector of Mines is satisfied that the person or group is able to provide an independent audit.
(6) Subject to the approval of the Chief Inspector of Mines, the mine operator may appoint a bipartite team to assist in carrying out the audit.
(7) The Crown is not liable to pay for, or to contribute to, the costs of the independent audit.
(8) A member of a bipartite team incurs no civil liability arising from anything done, or omitted to be done, in good faith in relation to the audit.
(9) Subsection (8) does not apply to a person who operates as, or is employed by, an entity whose line of work includes the provision of consultancy services for payment in an area relevant to the audit concerned.
(3) [Section 26 Subsection (3) amended by No. 39 of 2020, s. 27, Applied:27 Dec 2020] The Chief Inspector of Mines may only grant an exemption under subsection (2) in relation to a mine if he or she is satisfied that there is a system for safety management of the mine that will ensure all mining operations at the mine will be covered to a standard at least equivalent to the standard under this Part.
Part 5
Miscellaneous
Part 5 Miscellaneous
27
Notification of commencement of operations
27 Notification of commencement of operations
(1) The operator of a mine must notify the Chief Inspector of Mines before –
(a) mining operations are commenced at the mine; and
(b) mining operations are resumed after their suspension; and
(a) a body corporate, a fine not exceeding $50 000; or
(b) an individual, a fine not exceeding $10 000.
(2) Subsection (1) does not apply to mining operations that consist solely of exploration activities unless those activities are drilling that is not –
(a) post hole drilling; or
(b) drilling undertaken using only hand-held instruments.
28
Persons conducting operations to consult about work health and safety
28 Persons conducting operations to consult about work health and safety
A person who conducts a business or undertaking at a mine and who is not the mine operator must facilitate consultation, between workers at the mine and the mine operator, on matters that affect, or may affect, the health or safety of workers at the mine.
(1) A mine operator at a mine (other than a mine where exploration is the only mining operation) must record the following in a record book that is in a form approved by the Chief Inspector of Mines:
(a) the inspections made by inspectors;
(b) instructions made by inspectors;
(c) other information specified in a notice to the mine operator under subsection (2) .
(a) a body corporate, a fine not exceeding $50 000; or
(b) an individual, a fine not exceeding $10 000.
(2) The Chief Inspector of Mines, by notice in writing to a mine operator, may specify information as being required to be kept in the record book.
(3) The mine operator must ensure that a record book required to be kept in accordance with subsection (1) is made available for inspection by employees, contractors and self-employed persons at the mine.
(a) a body corporate, a fine not exceeding $250 000; or
(b) an individual, a fine not exceeding $50 000.
(2) For the purposes of subsection (1) , an appropriate management structure of competent persons for a mine is not established or maintained unless the management structure includes competent persons with appropriate technical or engineering competence commensurate with the nature, size and complexity of the mine and mining operations and the associated risk.
(3) For the purposes of subsection (1) , an appropriate management structure of competent persons for a mine is not maintained unless, when a vacancy in an essential position in the structure, including the position of site senior officer, occurs –
(a) a person acts in the position until the position is filled; and
(b) the position is filled in a timely manner.
(4) The operator of a mine must ensure that the management structure is set out in a document that nominates persons within the structure by position and outlines their areas of responsibility and accountability.
(a) a body corporate, a fine not exceeding $250 000; or
(b) an individual, a fine not exceeding $50 000.
32
Mine layout, design and construction
32 Mine layout, design and construction
A person who has, to any extent, control over the layout, design or construction of a mine must ensure, so far as is reasonably practicable, that the layout, design or construction takes into account –
(a) relevant geological, geotechnical, meteorological and topographical data; and
(b) any other relevant information, including information about the following:
(i) means of access and travel-ways;
(ii) processes and facilities for the extraction and treatment of minerals;
(a) a body corporate, a fine not exceeding $500 000; or
(b) an individual, a fine not exceeding $100 000.
33
Guidance material
33 Guidance material
(1) For the purpose of providing guidance and informing the decision-making process at a mine, the Chief Inspector of Mines may –
(a) declare as guidance material all or specified parts of any code, standard, rule, specification, provision or document relating to occupational health or safety, whether prepared or published by the Department or any other body or authority; and
(b) incorporate that material by reference, either as the material is in force at the time the guidance material is approved or as amended from time to time.
(2) A declaration under subsection (1) is to specify the scope of the application of the guidance material, which may be to all mines or to all mines of a certain size, type or characteristic.
(3) The Chief Inspector of Mines may revoke or amend a declaration under subsection (1) .
(4) The Chief Inspector of Mines must cause a declaration or the revocation or amendment of a declaration under this section to be published in the Gazette and on a website of the Department.
(5) A declaration under this section is not a statutory rule for the purposes of the Rules Publication Act 1953 .
(a) the unions and organisations that are prescribed for the purposes of this section; or
(b) if no unions and organisations are prescribed under paragraph (a) –
(i) the unions representing workers in mines in Tasmania; and
(ii) the employer, and industry, organisations that represent the interests of mine operators in Tasmania –
that the Minister considers relevant to the code of practice being developed.
34
Certain decisions to be reviewable under Work Health and Safety Act 2012
34 Certain decisions to be reviewable under Work Health and Safety Act 2012
For the purposes of the Work Health and Safety Act 2012 , the following table is taken to be inserted below the table to section 223 of that Act and to form part of that table:
| Item | Provision of Mines Work Health and Safety (Supplementary Requirements) Act 2012 under which reviewable decision is made | Eligible person in relation to that decision |
| 1. | Section 9(1) | 1. A worker whose interests are affected by the decision.2. A person conducting a business or undertaking whose interests are affected by the decision.3. A health and safety representative who represents a worker whose interests are affected by the decision. |
| 2. | Section 13(1) | 1. A worker whose interests are affected by the decision.2. A person conducting a business or undertaking whose interests are affected by the decision.3. A health and safety representative who represents a worker whose interests are affected by the decision. |
| 3. | Section 16(3) | 1. A worker whose interests are affected by the decision.2. A person conducting a business or undertaking whose interests are affected by the decision.3. A health and safety representative who represents a worker whose interests are affected by the decision. |
| 4. | Section 24(1) | 1. A worker whose interests are affected by the decision.2. A person conducting a business or undertaking whose interests are affected by the decision.3. A health and safety representative who represents a worker whose interests are affected by the decision. |
| 5. | Section 25(2) | 1. A worker whose interests are affected by the decision.2. A person conducting a business or undertaking whose interests are affected by the decision.3. A health and safety representative who represents a worker whose interests are affected by the decision. |
| 6. | Section 26(2) | 1. A worker whose interests are affected by the decision.2. A person conducting a business or undertaking whose interests are affected by the decision.3. A health and safety representative who represents a worker whose interests are affected by the decision. |
35
Transitional and savings provisions
35 Transitional and savings provisions
(1) In this section –
commencement day means the day on which this Act commences.
(2) The person who was, immediately before the commencement day, the Chief Inspector of Mines under the Workplace Health and Safety Act 1995 , is to be taken to be designated under section 8 of this Act to be the Chief Inspector of Mines until the designation is revoked or another person is so designated under section 8 .
(4) If a person was, immediately before the commencement day, the mine operator, under the Workplace Health and Safety Act 1995 , in relation to a mine –
(a) he or she is to be taken to be the mine operator, or site senior officer, in relation to the mine under section 11 until his or her appointment as such is terminated under this Act; and
(b) the mine holder for the mine is to be taken to have given in relation to the person the advice required under section 12 .
(5) If a person was, immediately before the commencement day, the site senior officer, under the Workplace Health and Safety Act 1995 , in relation to a mine –
(a) he or she is to be taken to be the site senior officer in relation to the mine under section 14 until his or her appointment as such is terminated under this Act; and
(b) the mine holder for the mine is to be taken to have given in relation to the person the notice required under section 14 .
(8) A specification of information in writing by the Chief Inspector of Mines under section 32ZA(1) of theWorkplace Health and Safety Act 1995 that is given to a person and has not been revoked before the commencement day is to be taken to be a specification of information in writing by the Chief Inspector of Mines given to the person by notice under section 30(2) of this Act.
(a) the administration of this Act is assigned to the Minister for Workplace Relations; and
(b) the department responsible to the Minister for Workplace Relations in relation to the administration of this Act is the Department of Justice.
37
Regulations
37 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) Without limiting the generality of subsection (1) , the regulations may provide for the following:
(a) plans, design, layout and construction of mines;
(b) ground stability, or ground support, at a mine;
(c) atmosphere and ventilation in mines;
(d) the safe use of electricity in mines;
(e) prevention of explosion or fire in mines and mining operations;
(f) the safe use of plant, machinery, and vehicles, in mines and mining operations;
(g) the closure or abandonment of mines or mining operations;
(h) plans for the management of major hazards at mines or in mining operations;
(i) the circumstances in which, and the terms on which, a mine operator may appoint a person or persons with particular expertise to assist a site senior officer to perform the site senior officer's functions, or discharge the site senior officer's duties, at a mine or part of a mine or in mining operations;
(j) requirements for the notification of incidents or accidents;
(k) risk management;
(l) emergency response plans and rescue arrangements;
(m) consultation about any matters related to health and safety at mines;
(n) health monitoring and programs to control risks to health or safety arising from fatigue or alcohol or drug consumption;
(o) inrush and flooding;
(p) shafts and winding equipment;
(q) closing or abandoning mines;
(r) prohibiting items at mines;
(s) restriction of access to a mine or part of a mine.
(3) The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.
(4) The regulations may –
(a) provide that a contravention of any of the regulations is an offence; and
(a) provide for savings or transitional matters necessary or expedient for bringing this Act into operation; and
(b) provide for any of those savings or transitional matters to take effect when this Act commences or on a later day specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made.
(6) The regulations may authorise any matter to be from time to time determined, applied or regulated by the Secretary of the Department, the regulator or the Chief Inspector of Mines.
(8) The regulations may adopt either wholly or in part and with or without modification, and either specifically or by reference, any of the standards, rules, codes or specifications of any prescribed authority, whether the standards, rules, codes or specifications are published or issued before or after the commencement of this Act.
(9) A reference in subsection (8) to standards, rules, codes or specifications includes a reference to an amendment of those standards, rules, codes or specifications, whether the amendment is published or issued before or after the commencement of this Act.
(10) Nothing in the regulations prejudices or affects the application of –
(11) Regulations made in respect of mines may apply to all mines or to only those mines meeting the criteria, if any, set out in the regulations, such as size, product, nature of the work or location above or below ground.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the Mines Work Health and Safety (Supplementary Requirements) Act 2012 .
2 Commencement
2 Commencement
This Act commences on the day on which the Work Health and Safety Act 2012 commences.
3 Object of Act
3 Object of Act
[Section 3 Amended by No. 39 of 2020, s. 4, Applied:27 Dec 2020] The object of this Act is to assist in securing the health and safety of mine workers, and other people exposed to risks to their health or safety arising from mining operations, through the implementation of health and safety measures, specific to mines and mining operations, that are in addition to, or in substitution of, the measures imposed under the Work Health and Safety Act 2012 .
4 Incorporation of Act into Work Health and Safety Act 2012
4 Incorporation of Act into Work Health and Safety Act 2012
(1) This Act is to be incorporated in, and read together with, the Work Health and Safety Act 2012 as a single Act and accordingly –
(a) subject to subsection (2) , words and expressions that are used in this Act or regulations made under this Act and that are defined in the Work Health and Safety Act 2012 have, unless the contrary intention appears, the same respective meanings; and
(b) a reference in the Work Health and Safety Act 2012 to "this Act" includes, unless the contrary intention appears, a reference to this Act and any regulations made under this Act; and
(ba) [Section 4 Subsection (1) amended by No. 39 of 2020, s. 5, Applied:27 Dec 2020] a reference in any regulations made under the Work Health and Safety Act 2012 to these regulations includes, unless the contrary intention appears, a reference to any regulations made under this Act; and
(c) a reference in any regulations made under the to "the Act" includes, unless the contrary intention appears, a reference to this Act and any regulations made under this Act; and
Mines Work Health and Safety (Supplementary Requirements) Act 2012 (Tasmania) | Zoe
an exemption process permitting the Chief Inspector to grant full or partial exemptions from Part 4 where an equivalent safety management system is in place (s 26);
notification obligations for commencement, suspension, resumption and abandonment of operations (s 27), and record‑keeping requirements approved by the Chief Inspector (s 30);
obligations to establish and maintain an appropriate, documented management structure and nominate persons with responsibilities (s 31);
duties on persons with control over mine layout, design and construction to take specified technical data into account (s 32);
powers to declare guidance material and codes of practice, with publication requirements; some declarations are not statutory rules (ss 33, 33A);
that certain decisions under the mines Act are reviewable under the WHS Act review mechanism (s 34); and
detailed regulatory delegation and regulation‑making powers (s 37), including the ability to adopt or reference standards by regulation (s 37(8)-(9)), and to create offences and fines (s 37(4)).
The Act expressly applies to the full life cycle of mining operations, including exploration involving mechanical disturbance, extraction, processing, construction, maintenance, decommissioning and rehabilitation (s 6(1)-(d)), while excluding specified private, non‑commercial activities, fossicking and any activities prescribed or declared to be excluded (s 6(2), (3A)). The Act contains multiple civil fines for breaches, differentiated by whether the offender is a body corporate or an individual (for example ss 9(3), 11(1), 20(1), 22, 24(4), 31; see relevant provisions).
Official purpose: the Act states its object is to assist in securing the health and safety of mine workers and other people exposed to mining risks by implementing measures specific to mines that are in addition to, or substitute for, measures under the WHS Act (s 3). Mechanically, the Act implements a mine‑specific regime by layering statutory roles, managerial accountability, mandatory systems, inspection and audit powers, and documentation and notification obligations on top of the WHS Act.
Main concepts
The Act organises mine safety around roles, systems and regulator powers. Key conceptual building blocks are:
Incorporation and interaction with the WHS Act: s 4 integrates the Act into the WHS framework so that defined terms in the WHS Act generally apply, and references in the WHS Act to "this Act" include this Act and its regulations. The incorporation creates a single legal framework while maintaining that references to "this Act" within this mines Act do not point back to the WHS Act (s 4(3)). The incorporation also means inspectors’ powers under the WHS Act (for example improvement notices) can be applied in respect of this Act (s 4(1) and accompanying note).
Roles and allocation of responsibility: the Act differentiates mine holder, mine operator and site senior officer. A mine holder is typically the holder of the mining lease or tenement or the person for whose benefit mining operations are carried out (s 5). The mine holder must appoint a mine operator before operations begin, or otherwise is taken to be the operator (s 11). The mine operator must appoint a site senior officer who is an individual with appropriate qualifications, and is required to maintain on‑site presence commensurate with the mine’s nature and risk (ss 14-15). Where mine holder and mine operator are different, the Act imposes duties on the mine holder to provide resources and information to the operator, and on the operator to ensure competent management (s 13).
Competency standards and qualifications: the Chief Inspector of Mines must be an inspector designated by the regulator and now must satisfy specified academic and experiential criteria, including a relevant bachelor degree in mining engineering accredited under the Washington Accord or an equivalent qualification (s 8(1A)-(1B)). Mines inspectors must meet knowledge, skills and experience standards specified by the regulator and Chief Inspector (s 10A). The site senior officer must be an individual with appropriate qualifications commensurate with the mine’s risk and size (s 14(3)-(4)).
Health and Safety Management System (HSMS): the HSMS is central. Mine operators must develop, implement, maintain, review and ensure that work is carried out in accordance with an auditable HSMS commensurate with the mine’s nature, size and complexity (s 20(1), (5); s 22). Operations may not be commenced unless a compliant HSMS is in place (s 20(2)). Workers must be consulted when preparing or amending parts of the system that affect their activities (s 21).
Inspection, audit and remedial powers: mines inspectors may audit and review the HSMS at any time and request documentation (s 23). If the HSMS is inadequate, mines inspectors can require amendment or review and can specify reasons, timelines and reassessment (s 24). The Chief Inspector can require independent audits where serious risks exist; the operator must obtain the audit and pay for it; audits must be by persons approved by the Chief Inspector; operators may use bipartite teams subject to approval (s 25).
Discretion to declare activity status and guidance: the regulator may declare activities to be mining operations (or not) for specific sites (s 6(3), (3A)). The Chief Inspector may declare guidance material (codes, standards, documents) and publish those declarations in the Gazette and on the Department website; those declarations are not statutory rules (s 33). The Minister’s approval process for codes of practice for mines may follow a specific consultation route involving unions and employer organisations (s 33A).
Information, notification and record keeping: operators must notify the Chief Inspector before commencement, suspension, resumption or abandonment of operations (s 27), and keep a record book in a form approved by the Chief Inspector (s 30). The Chief Inspector may also require additional information to be recorded by notice (s 30(2)).
Enforcement and review: statutory fines and directions are the primary enforcement tools. Certain administrative decisions listed in s 34 are reviewable under the WHS Act’s review mechanism.
Together these concepts create a layered regulatory model that supplements the general duties and enforcement architecture of the WHS Act with mine‑specific competence thresholds, managerial responsibilities, mandatory systems, inspection and audit powers, and specified procedural obligations.
Who it affects
This Act places duties and obligations on distinct categories of actors in mining operations. Identifying who pays, who decides and who acts is central.
Who pays (direct compliance and penalty costs)
Mine operators: primary financial responsibilities for HSMS development and maintenance (s 20), ensuring work follows the HSMS (s 22), appointing site senior officers (s 14), notifying operations (s 27), providing record books (s 30), complying with inspectors’ directions and audits (ss 23-25). If required to obtain an independent audit under s 25, the mine operator must obtain and deliver the audit outcome to the Chief Inspector and bears the cost (s 25(3), (7)). Breaches by operators attract corporate fines (for example s 20(1) up to $250,000).
Mine holders: where distinct from the operator they must appoint the operator (s 11), provide adequate resources and information to the operator (s 13(3)-(4)) and may face fines if they fail to ensure adequate resourcing or information (s 13(3)-(4)).
Contractors and other persons conducting a business or undertaking at a mine: obliged to comply with reasonable directions from the mine operator or site senior officer in relation to health or safety and to facilitate consultation between workers and the mine operator (ss 19, 28). Contractors bear the compliance cost of following the operator’s HSMS.
Visitors: must comply, so far as reasonably able, with health and safety directions and the HSMS (s 29).
Workers: obligated to comply with reasonable directions related to health or safety (s 19(2)) and to participate in consultation during HSMS preparation or change (s 21). Workers may bear some compliance cost in terms of following procedures and potential work restrictions.
Who decides (delegated authority and regulatory discretion)
Regulator: designates the Chief Inspector (s 8(1)); may declare activities to be/not be mining operations at particular sites (s 6(3), (3A)); is the entity within the WHS Act Schedule 2 definition (s 5). Regulations may authorise the regulator or Chief Inspector to determine matters (s 37(6)).
Chief Inspector of Mines: issues written directions to mine operators and site senior officers to prevent injuries (s 9); approves multi‑party responsibility arrangements (s 13); may approve appointments that depart from seniority rules (s 16(3)); approves persons or groups to perform independent audits (s 25(5)); declares guidance material and publishes it (s 33).
Mines inspectors: exercise audit and review powers, issue directions to remedy an inadequate HSMS (s 24) and request documentation (s 23).
Governor and Minister: regulations are made by the Governor (s 37); Minister may approve codes of practice with a specified consultation requirement (s 33A).
Who acts (operational roles)
Mine holder: legal title holder of the lease or tenement or the person benefiting from mining operations (s 5), responsible for appointing an operator and ensuring resourcing where they retain control (ss 11, 13).
Mine operator: the entity responsible for managing and controlling mine operations, required to implement the HSMS and ensure compliance on site (ss 11, 20-22).
Site senior officer: an individual appointed by the operator with specified qualifications, on‑site presence and authority to suspend or close operations where necessary (ss 14-17). Must report inadequacies to the operator (s 17(3)).
Threshold and scope effects
"Mining operations" is defined broadly to include exploration involving mechanical disturbance, extraction, processing, construction, maintenance and decommissioning (s 6(1)). The definition excludes non‑commercial private production and fossicking (s 6(2)(a)-(b)). The regulator can refine scope at particular sites via Gazette notices (s 6(3), (3A)).
The Act’s obligations attach to different actors depending on contractual and organisational arrangements; the mine holder may remain liable if an operator is not properly appointed or resourced (s 11(7), s 13(3)).
Concentrated benefits and diffuse costs
Benefits in the statute are primarily concentrated on mine workers, nearby communities and the State’s interest in preventing serious incidents, via enhanced competence, systems and inspector powers (s 3).
Costs are concentrated on mine operators and, where arrangements exist, on mine holders and contractors who must implement systems, pay for independent audits where required, and meet documentation and presence obligations. Small operators may face relatively high fixed compliance costs because obligations are set by risk and complexity rather than size alone, and penalties are non‑trivial.
Review and dispute rights
The Act makes a set of decisions reviewable under the WHS Act review mechanism (s 34). Eligible persons are workers affected by the decision, persons conducting a business or undertaking affected and health and safety representatives (s 34 table). This preserves administrative review paths for affected parties.
Geographical detail
A site senior officer must be based in Tasmania at all times when the mine is operational (s 16(4)(b)), which has direct implications for out‑of‑state operators and remote management arrangements.
Key duties and rights
The Act sets out specific duties, powers and rights. This section summarises the operative obligations and legal capacities with sited references.
Duties of mine holders and mine operators
Appointment: mine holder must appoint a mine operator before mining operations begin (s 11(1)); failure to appoint means the mine holder is taken to be the mine operator (s 11(8)). The appointment must be in writing and, if the operator is not the holder, must include a signed statement from the proposed operator agreeing to the appointment (s 11(4), (6)). Mine holder must advise the Chief Inspector of the operator’s name and contact details and the date the appointment takes effect within 14 days (s 12(1)-(2)).
Due diligence: in selecting a mine operator, the mine holder must exercise due diligence to ensure the operator has capacity and resources to ensure work can be carried out safely (s 11(7)).
Resourcing and information: where the mine holder and operator are different, the mine holder must, so far as reasonably practicable, ensure adequate resources are available to the operator and provide adequate information and plans (s 13(3)-(4)). These are standalone obligations with specified penalties.
Duties of mine operators
HSMS: develop, implement, maintain and review an auditable HSMS that is both effective and commensurate with the mine’s nature, size and complexity (s 20(1), (5)). Mining operations must not commence without a HSMS in place that complies with this Part (s 20(2)).
Implementation: ensure that work, including contractor work, is carried out in compliance with the HSMS (s 22).
Personnel: appoint a site senior officer who is an individual with appropriate qualifications (s 14(1), (3)-(4)), ensure the site senior officer maintains a presence commensurate with risk (s 15), and provide arrangements for the site senior officer’s absence (s 18).
Management structure and competency: establish and maintain an appropriate management structure of competent persons, including technical or engineering competence commensurate with risk (s 31(1)-(2)), and document responsibilities and accountability in writing (s 31(4)).
Notifications and record keeping: notify the Chief Inspector before commencement, resumption, suspension or abandonment of operations (s 27); keep a record book in a form approved by the Chief Inspector and make it available to employees and contractors (s 30(1), (3)).
Compliance with directions and audits: comply with directions from the Chief Inspector of Mines (s 9) and mines inspectors, respond to audit and review requests (s 23) and comply with directions to amend or review HSMS where inadequate (s 24). If directed, obtain an independent audit and provide the outcome to the Chief Inspector (s 25).
Duties of site senior officers
General duty: ensure, as far as practicable in matters over which they can control or influence, that mining operations and the state of the mine do not adversely affect health or safety (s 17(1)).
Specific controls: ensure planning, supervision, monitoring, pre‑shift inspections where necessary, compliance with HSMS and communication processes among workers and management (s 17(2)(a)-(g)).
Authority to act: ensure cessation, closure and evacuation where imminent and material risk exists until risk is eliminated or minimised (s 17(2)(h)).
Reporting: report to the operator unresolved risks, significant departures or inadequacies in HSMS, and vacancies or inadequacies in the management structure (s 17(3)).
Duties of persons conducting business at a mine, workers and visitors
Compliance with reasonable directions: persons conducting a business or undertaking at a mine must comply, so far as is reasonably practicable, with reasonable directions issued by the mine operator or site senior officer relating to health or safety (s 19(1)). Workers must comply so far as they are reasonably able (s 19(2)). Visitors must comply as far as reasonably able with directions and the HSMS (s 29).
Regulator, Chief Inspector and inspector rights and powers
Designation: the regulator designates the Chief Inspector, and the Chief Inspector is responsible for oversight of inspectors assigned primarily to mines subject to the regulator’s direction (s 8(1), (2)).
Directions: Chief Inspector may issue written directions to mine operators or site senior officers to prevent injury or health risks and may prohibit use or storage of specified plant, equipment or substances at a specified mine (s 9(1)-(2)). Compliance is mandatory with set penalties (s 9(3)).
Inspection and audit: mines inspectors may audit and review HSMS and other statutory requirements at any time, request documentation and do whatever is necessary within their powers to assess relevant matters; operators must comply with requests (s 23).
HSMS remedial powers: mines inspectors can direct amendments or reviews of inadequate HSMS, specifying reasons, the date for implementation and reassessment (s 24).
Independent audits: Chief Inspector may direct independent audits for high‑risk situations and approve audit personnel (s 25).
Exemptions and approvals
Exemptions: mine operator may apply for exemptions from provisions of Part 4; the Chief Inspector may grant full or partial exemptions with conditions, but only where an equivalent safety management system exists (s 26).
Approvals for arrangements: Chief Inspector may approve multiple persons having responsibility for parts of mining operations and may approve bipartite teams for audits (ss 13, 25).
Rights of review
Decisions made under specified sections (for example ss 9, 13, 16(3), 24, 25(2), 26(2)) are reviewable under the WHS Act’s review procedures as inserted by s 34 of the Act.
Liability protections
The Chief Inspector of Mines is protected from personal liability for acts or omissions done in good faith in performance of functions under this Act (s 10(1)), though the Crown may still incur liability (s 10(2)). Bipartite audit members have no civil liability for acts or omissions in good faith in relation to the audit, except for persons operating commercially as consultants (s 25(8)-(9)).
Regulatory scope and delegation
The Governor may make regulations addressing detailed mine safety matters; regulations can adopt standards and authorise the Secretary, regulator or Chief Inspector to determine matters (s 37(1), (6), (8)-(9)).
The Act sets out clear, role‑specific obligations and parallel enforcement rights for inspectors and the Chief Inspector, with several mechanisms to ensure documented management systems, on‑site authority and auditable processes.
Penalties and enforcement
This Act uses a combination of enforceable written directions, inspector powers, compulsory audits and monetary fines to achieve compliance. Penalties are often scaled by corporate or individual status. Enforcement mechanisms and sanction magnitudes are as follows.
Primary enforcement mechanisms
Written directions from the Chief Inspector: under s 9 the Chief Inspector may require actions or prohibit specified plant, equipment, appliances or substances at a mine. Compliance with such a direction is mandatory; failure attracts fines (s 9(3)). The direction can require employment of suitably qualified advisors, monitoring of conditions and preparing written safety policies (s 9(2)).
Mines inspector audit and review powers: s 23 empowers mines inspectors to audit and review HSMS and other statutory requirements at any time, request documentation, and take necessary steps within their powers to assess matters. A mine operator must comply with a mines inspector’s request (s 23(6)). Noncompliance carries fines (s 23(6) penalty).
Directions to remedy inadequate HSMS: s 24 allows a mines inspector who considers an HSMS inadequate to direct amendment or require review and revision, with reasons and a date for implementation and reassessment. Failure to comply is an offence subject to fines (s 24(4)).
Independent audits required by Chief Inspector: s 25 gives the Chief Inspector power to direct independent audits where risks could lead to serious injury or death or dangerous situations; directives must state reasons, objectives, approval requirements for auditors and timelines (s 25(2), (4)). The operator must obtain and provide the audit outcome and bears the cost (s 25(3), (7)). Noncompliance attracts fines (s 25(3) penalty).
Monetary fines and differentiation
Fines are specified at many points and vary depending on whether the offender is a body corporate or an individual. Representative examples:
s 9(3): breach of a Chief Inspector direction, corporate fine up to $250,000; individual fine up to $50,000.
s 11(1): failure by mine holder to appoint a mine operator before operations, corporate fine up to $100,000; individual up to $20,000.
s 11(7): failure to exercise due diligence in selecting an operator, corporate fine up to $500,000; individual up to $100,000.
s 14(1): failure by mine operator to appoint a site senior officer, corporate up to $100,000; individual up to $20,000.
s 15: failure to ensure site senior officer presence, corporate up to $100,000; individual up to $20,000.
s 17(1): site senior officer failing to ensure, as far as practicable, mining operations do not adversely affect health and safety, fine up to $100,000.
s 20(1)-(2): mine operator must develop and have in place an HSMS before commencing operations; corporate fine up to $250,000; individual up to $50,000.
s 22: mine operator must ensure work complies with HSMS; corporate up to $250,000; individual up to $50,000.
s 23(6): failure to comply with a mines inspector’s request, corporate up to $250,000; individual up to $50,000.
s 24(4): failing to comply with a direction to amend HSMS, corporate up to $250,000; individual up to $50,000.
s 30(1)-(3): failure to maintain a record book in approved form or provide access, corporate up to $50,000; individual up to $10,000.
s 31(1) and (4): failure to establish or maintain appropriate management structure or document responsibility, corporate up to $250,000; individual up to $50,000.
s 32: persons with control over layout, design or construction failing to account for listed data (for example ventilation, ground support) face corporate fine up to $500,000; individual up to $100,000.
s 37(4): regulations may create offences with fines up to $30,000.
Other enforcement features
Incorporation with the WHS Act: because this Act is incorporated into the WHS Act (s 4), enforcement measures and notices available under the WHS Act (for example improvement notices) can be applied in respect of contraventions of this mines Act, per s 4(1)(b) and the explanatory note. That cross‑application expands the toolkit available to inspectors.
Reviewable decisions: certain administrative decisions under this Act (for example directions under s 9, approvals under s 13, exemption decisions under s 26, audit directions under s 25, directions under s 24 and approvals under s 16(3)) are reviewable under the WHS Act review process (as inserted by s 34). Eligible applicants include workers affected, persons conducting a business or undertaking affected, and health and safety representatives (s 34 table).
Liability protections and Crown exposure: the Chief Inspector of Mines is personally protected from liability for acts or omissions done in good faith under this Act (s 10(1)), though the Crown may still incur liability (s 10(2)). Bipartite audit members have civil immunity for acts or omissions in good faith in relation to audits, except paid commercial consultants (s 25(8)-(9)).
Procedural formality and publication
Directions and approvals are expressively required to be in writing (eg s 9(1), s 24(2)). Guidance material declarations must be published in the Gazette and on the Department website (s 33(4)). Declarations of whether an activity is a mining operation for a site are also Gazette notices but are not statutory rules (s 6(3)-(4), s 33(5)).
Enforcement implications
The Act combines preventive enforcement (HSMS pre‑condition for commencement, requirement for competent personnel) with corrective enforcement (inspector directions, mandated audits) and sanctions (large monetary fines). The consistency of penalties across a range of provisions indicates enforcement is intended to be capable of imposing substantial financial consequences for organisational failures as well as individual breaches.
How it interacts with other laws
This Act is explicitly constructed to operate together with the Work Health and Safety Act 2012 and other regulatory instruments. The text sets out incorporation, application, saving and delegation mechanics that determine interaction with the wider legal framework.
Integration with the WHS Act
Express incorporation: s 4 provides that this Act is to be incorporated in, and read together with, the WHS Act as a single Act. Under s 4(1)(a), defined words and expressions used in this Act that are defined in the WHS Act carry the same meanings unless a contrary intention appears. Section 4(1)(b) clarifies that a reference in the WHS Act to "this Act" includes a reference to this Act and any regulations made under it. The explanatory note with s 4 illustrates practical effect: notices such as improvement notices under the WHS Act may be issued in respect of this mines Act (note to s 4).
Internal cross‑references limited: s 4(3) cautions that a reference in this Act to "this Act" is not to be taken to refer to the WHS Act; this prevents circularity but leaves the WHS Act to incorporate mines provisions as appropriate.
Reviewable decisions: s 34 inserts a table into the WHS Act’s review provisions, making certain decisions under this mines Act reviewable using the WHS Act administrative review mechanism and specifying eligible persons for review.
Interaction with previous and other statutes
Transitional savings: s 35 contains transitional provisions that carry over existing Chief Inspector, mine operator and site senior officer appointments from the prior Workplace Health and Safety Act 1995, taking those persons to be appointed under the new Act until revoked or replaced (s 35(2), (4)-(5)). It also converts prior approvals and specifications into equivalents under this Act (s 35(7)-(8)).
Building and fire safety legislation: s 37(7)-(10) contemplates coordination with building laws. The regulations may require compliance with the Building Act 2016 and its regulations, and nothing in the mines regulations prejudices the application of the Building Act or the General Fire Regulations 2010.
Adoption of external standards: the regulations under s 37 may adopt, wholly or in part, standards, rules, codes or specifications of any prescribed authority, by reference or with modification (s 37(8)-(9)). Those standards may be amended over time and the regulations may adopt those amendments.
Delegation and administrative control
The Governor may make regulations for the Act, and regulations can authorise matters to be determined by the Secretary of the Department, the regulator or the Chief Inspector of Mines (s 37(1), (6)). Guidance material declared under s 33 may incorporate external standards and be published and revised without being a statutory rule (s 33(1), (3)-(5)); such guidance is not a statutory rule for the purposes of the Rules Publication Act 1953 (s 33(5)). Similarly, declarations under s 6(3) and s 33 are not statutory rules (s 6(4), s 33(5)).
Overlap with WHS general duties and notices
Because the Act is read together with the WHS Act, obligations under both statutes can apply concurrently. For example, HSMS obligations under this Act (s 20) coexist with general duty‑holder obligations in the WHS Act. Inspector powers under the WHS Act (for example improvement and prohibition notices) may be applied to mine‑specific contraventions via the incorporation mechanism (s 4(1)(b) and the explanatory note).
Administrative review and judicial oversight
The Act makes specified administrative decisions reviewable under the WHS Act (s 34). This preserves existing administrative review pathways rather than creating a separate review regime for mines decisions. Decisions declared to be reviewable include a number of Chief Inspector and inspector decisions (s 9(1), s 13(1), s 16(3), s 24(1), s 25(2), s 26(2) as listed in s 34). The Act does not remove judicial avenues available under other statutes where appropriate, but the primary mechanism for challenging administrative decisions specified in the Act is the WHS Act review process.
Regulatory hierarchy and discretion
The regulator and Chief Inspector have discretionary powers that interact with regulatory instruments. For example, the regulator may declare an activity to be a mining operation (s 6(3)), and the Chief Inspector may approve multi‑party responsibility arrangements (s 13) and independent auditors (s 25). Guidance declarations and site‑specific declarations are not statutory rules, reducing the formal legislative oversight those instruments receive while requiring publication (s 6(4), s 33(4)-(5)). However, specified decisions remain reviewable under the WHS Act (s 34).
In short, this mines Act is layered atop the WHS Act and other technical laws. It depends on the WHS machinery for review and broader enforcement while supplying mine‑specific duties, competence requirements and audit powers. The Act’s mechanisms for adopting external technical standards and issuing non‑statutory guidance create a flexible but administratively discretionary regime that operates in conjunction with existing building and safety statutes.
Amendment history
The text provided includes numerous amendment annotations. The principal legislative updates recorded in the text are as follows.
Primary amendment package: No. 39 of 2020 (applied 27 December 2020)
Multiple sections were amended, substituted or had material inserted by No. 39 of 2020 with the specified application date of 27 December 2020. The footnotes attached to many sections identify the amendments. Where the footnotes are recorded, they typically state the section amended by No. 39 of 2020 and the clause in the amending instrument (for example s 4 was amended by No. 39 of 2020, s 5; s 5 was amended by No. 39 of 2020, s 6; s 6 by s 7; s 8 by s 9; s 10A was inserted by s 11; ss 11-19, 20-26, 30-33, 35 and 37 had consequential amendments recorded). Specific examples include:
s 3 (object of Act) amended by No. 39 of 2020, s 4.
s 4(1)(ba) and s 4(3) substituted/inserted by No. 39 of 2020, s 5.
s 5 had amendments noted by No. 39 of 2020, s 6 affecting definitions including “mine” and “mines inspector”.
s 6 had a number of amendments by No. 39 of 2020, s 7 including inserting paragraph (ab), (da) and subsections (3A) and (4) clarification.
s 7A (Examples and notes) was inserted by No. 39 of 2020, s 8.
s 8(1A), (1B) and (3) insertions and changes in relation to the Chief Inspector’s qualifications were made by No. 39 of 2020, s 9.
s 10A (Mines inspectors) inserted by No. 39 of 2020, s 11.
Sections dealing with appointments (ss 11-13), site senior officers (ss 14-18), compliance with directions (s 19), HSMS (s 20), consultation (s 21), work compliance (s 22), audits (ss 23-25), exemptions (s 26), notifications (s 27), consultation by persons conducting operations (s 28), visitors (s 29), record book (s 30), management structure (s 31), mine design (s 32), guidance material (s 33) and codes of practice (s 33A) reflect amendment notes referencing No. 39 of 2020.
Insertions and structural changes
The Act was modernised to specify competence requirements for inspectors and mine‑specific roles, to expand the definition of mining operations to explicitly include construction and decommissioning, to create new audit powers and to add reviewability and guidance mechanisms. These appear to correspond to the No. 39 of 2020 amendment package.
Earlier amendment: No. 12 of 2016 (applied 1 January 2017)
Section 37(7) and (10) contain an annotation showing amendment by No. 12 of 2016, Schedule 1, applied 1 January 2017. This amendment concerns the regulations’ ability to require substantial compliance with the Building Act 2016 and its regulations (s 37(7), (10)(a)-(c)).
Transitional annotations
Section 35 contains transitional and savings provisions that reference the prior Workplace Health and Safety Act 1995 and translate existing appointments, approvals and specifications to equivalents under this Act on commencement. The commencement date is tied to the commencement of the WHS Act (s 2).
Practical implication of amendment history in the text provided
The annotations show that the Act has been substantially updated in 2020 to add competency standards, procedural safeguards like independent audits, and clearer definitions, and earlier updated in 2016 to tie certain regulatory requirements to the Building Act. The text shows these amendments are applied and in force as of the dates indicated, and the inserted subsections and new sections (for example s 7A, s 10A, s 33A) reflect the revised regulatory design.
Limitations
The supplied text includes amendment notes; it does not provide the amending Bills, explanatory memoranda or second reading speeches. Conclusions about legislative intent beyond the text should be drawn cautiously. The Act’s own object (s 3) describes the purpose. For precise comparative historical drafting or any other amendments outside those annotated in the provided text, consult the Consolidated Acts database or parliamentary records.
Litigation history
The provided text contains no judicial decisions, case citations or summaries of litigation. The Act itself names no cases. Two structural points in the Act bear on litigation and review, and these are relevant when assessing potential disputes:
Reviewable administrative decisions: s 34 inserts a table into the WHS Act establishing that certain decisions under the mines Act are reviewable under the WHS Act’s administrative review procedures. The table lists decisions under s 9(1) (Chief Inspector directions), s 13(1) (approvals for multiple responsibility arrangements), s 16(3) (approval of a non‑most‑senior site senior officer), s 24(1) (directions to amend HSMS), s 25(2) (directions to obtain independent audit) and s 26(2) (exemption decisions). Eligible persons for review are workers affected, persons conducting a business or undertaking affected and relevant health and safety representatives (s 34 table). The availability of administrative review under the WHS Act will be the primary forum in which affected parties challenge decisions listed in s 34.
Non‑statutory instruments and challengeability: the Act makes specific declarations (for example the regulator declaring an activity to be a mining operation under s 6(3), and the Chief Inspector declaring guidance material under s 33) and states those declarations are not statutory rules for the purposes of the Rules Publication Act 1953 (s 6(4), s 33(5)). Such declarations are nevertheless required to be published in the Gazette (s 6(3)) or published in the Gazette and on the Department website (s 33(4)). The absence of statutory rule status may affect the procedural route for challenging those declarations; however, s 34 preserves reviewability for a subset of decisions. Where review is not available under s 34, judicial review in superior courts of administrative action might remain available depending on the statutory and common law regime, but the Act itself does not discuss or limit such avenues.
Because the source document contains no reported litigation, practitioners should treat the Act’s reviewable decisions table as the primary procedural mechanism for contesting administrative decisions listed in s 34 and otherwise consider ordinary judicial review principles and the WHS Act’s dispute mechanisms.
Gotchas
This Act contains several provisions that can trip up operators, holders, advisers and contractors if not carefully addressed. The following are concrete operational traps grounded in the text.
Incorporation technicality and cross‑application of WHS notices
Because the Act is incorporated into the WHS Act and references to "this Act" in the WHS Act include this mines Act (s 4(1)(b)), inspectors can use WHS Act powers (for example improvement or prohibition notices) in relation to mines Act obligations. Conversely, section 4(3) ensures a reference in this mines Act to "this Act" is not a reference to the WHS Act, which is a source of potential confusion when reading both Acts together. Practitioners must be precise about which statutory obligation a notice addresses, because multiple enforcement paths may be available.
Hours worked calculation affects thresholds
"Hours worked" is defined as the average hours worked per month over the previous 6 months, and calculations must include all individuals at the mine regardless of employment arrangement (s 7(1), (3)). Section 18(2) imposes enhanced notice obligations when hours worked are 3,000 or more per month. The inclusive calculation method (including labour hire workers and contractors) may push an operation over thresholds without an employer realising. Operators should model hours to determine obligations triggered by hourly thresholds.
Qualification thresholds for inspectors and roles
The Chief Inspector must meet specified academic and experience criteria including a Washington Accord‑accredited mining engineering degree or equivalent (s 8(1A)-(1B)). Site senior officers must be individuals with "appropriate qualifications" including experience, competence and any regulatory requirements (s 14(3)-(4)). These competency specifications may limit who can lawfully perform key roles and may make it harder for small operations to identify qualified people or for remote managers to satisfy the "based in Tasmania" requirement (s 16(4)(b)).
Requirement that HSMS be in place before starting
A mine operator must ensure that mining operations are not commenced at a mine unless an HSMS that complies with this Part is in place (s 20(2)). Starting operations without a compliant HSMS is an offence carrying significant fines. This is an operational gating provision that can delay commencement if the HSMS is incomplete or later found inadequate by an inspector.
Independent audit costs and approval requirement
If the Chief Inspector directs an independent audit, the operator must obtain the audit and provide the outcome to the Chief Inspector (s 25(3)). The auditor must be approved by the Chief Inspector (s 25(4)(b), (5)). The Crown is not liable to pay for the audit (s 25(7)). Operators should expect to pay for externally approved audits and should not assume bipartite team results will be accepted without Chief Inspector approval (s 25(6)).
Guidance material and declarations are not statutory rules
Guidance material and site declarations are not statutory rules for the purposes of the Rules Publication Act 1953 (s 33(5); s 6(4)). They can nonetheless be published in the Gazette and can be incorporated by reference into guidance. Because they are not statutory rules, the formal rulemaking process and the opportunities to comment may differ from ordinary regulation making.
Site senior officer locality and authority
The site senior officer must be based in Tasmania whenever the mine is operational (s 16(4)(b)) and must have authority to close or suspend operations that may expose employees to unreasonable risks (s 16(4)(c)). Remote supervision models must ensure a resident individual in Tasmania holds this authority and presence; otherwise a statutory approval is required under s 16(3).
Exemptions require equivalent systems
The Chief Inspector may grant exemptions from Part 4 only if satisfied that a safety management system exists that ensures mining operations are covered to a standard at least equivalent to Part 4 (s 26(2)-(3)). Exemption applicants must therefore demonstrate equivalence, and cannot rely on a weaker system.
Record book form and additional notice requirements
Record books must be in a form approved by the Chief Inspector (s 30(1)) and the Chief Inspector can specify additional information to be kept by notice (s 30(2)). Approval and notice powers mean record keeping is not purely self‑determined; failing to keep or make available the approved record book attracts fines (s 30(1), (3)).
Overlapping obligations where roles are split
Where mine holder and mine operator are distinct, the Act imposes duties on both to ensure resources and information flow appropriately (s 13(3)-(4)). The mine holder must exercise reasonable practicability to provide resources and information; failure carries significant fines. Contractual allocation of responsibilities will not eliminate statutory obligations and potential fines.
Non‑statutory declarations potentially less transparent
The fact the regulator’s site declarations and the Chief Inspector’s guidance material are not statutory rules (s 6(4); s 33(5)) means those instruments may not be subject to the same Parliamentary oversight as regulations. Affected parties must actively monitor Gazettes and the Department website for declarations and guidance.
Protection for Chief Inspector but not for Crown
The Chief Inspector has personal legal protection for acts or omissions done in good faith while performing functions (s 10(1)), but the Crown can still incur liability for actions of the office (s 10(2)). Practitioners should note whom to sue if issues arise.
These concrete pitfalls show where operators, holders and advisers must focus early: HSMS readiness, correct appointments, record keeping in approved forms, resource and information flows between holders and operators, and monitoring of Gazette and Department publications for guidance and site declarations.
How to comply
This section is a practical, source‑referenced compliance checklist for mine holders, mine operators, site senior officers, contractors and advisers. Each item cites the operative provision.
Initial administrative steps before operations
Appointment of mine operator: ensure the mine holder appoints a mine operator in writing before any mining operations commence, include effective date and, where the operator is not the holder, a signed statement from the proposed operator consenting to the appointment (s 11(1), (4), (6)). If no appointment is made, the mine holder is taken to be the operator (s 11(8)), which carries duties and potential exposure.
Notify Chief Inspector of appointment: the mine holder must advise the Chief Inspector in writing of the operator’s name, contact details and the date appointment takes effect within 14 days (s 12(1)-(2)). Update the Chief Inspector within 14 days of any subsequent change in operator details or termination (s 12(3)).
Establishing governance and personnel
Appoint a site senior officer: mine operator must appoint a site senior officer who is an individual with appropriate qualifications that reflect the mine’s size, risk and technical complexity (s 14(1), (3)-(4)). If the operator is an individual employing others they may appoint themselves (s 14(2)). Notify the Chief Inspector of the appointee’s name, relevant experience and qualifications as soon as practicable (s 14(6)-(7)).
Maintain presence and authority: ensure the site senior officer maintains a presence at the mine commensurate with the mine’s nature, size and complexity and has sufficient authority to close or suspend operations that may expose employees to unreasonable risk (ss 15; 16(4)(c)). Where the site senior officer is not the operator, the person should generally be the most senior officer employed by the operator unless approved otherwise by the Chief Inspector (s 16(2)-(3)). Where a site senior officer will be absent for more than 7 continuous days, make alternative arrangements and, where hours worked are 3,000+ per month, advise the Chief Inspector if the absence exceeds 14 days (s 18(1)-(2)).
Health and Safety Management System (HSMS)
Develop and document an auditable HSMS: the mine operator must develop, implement, maintain and review an HSMS that is effective and commensurate with the mine’s nature, size, complexity and risks, and that complies with requirements in the regulations for HSMS (s 20(1), (5)). The HSMS must be in place before mining operations commence (s 20(2)).
Consult workers during HSMS development and amendment: during preparation or amendment of any HSMS part relevant to workers’ activities, consult with those workers so far as is reasonably practicable (s 21).
Ensure day‑to‑day compliance: ensure all on‑site work, including that undertaken by contractors and their workers, is carried out in compliance with the HSMS (s 22).
Documentation and record keeping
Record book in approved form: maintain a record book in a form approved by the Chief Inspector containing inspectors’ inspections, instructions, and other information specified by notice (s 30(1)-(2)). Ensure access to the record book for employees, contractors and self‑employed persons at the mine (s 30(3)).
Management structure documentation: establish and maintain an appropriate management structure of competent persons and document the structure, nominating positions and outlining areas of responsibility and accountability (s 31(1), (3)-(4)).
Risk management, design and construction
Account for technical data in layout and design: persons with control over layout, design or construction must, so far as reasonably practicable, incorporate relevant geological, geotechnical, meteorological and topographical data and other specific factors including access, ventilation, ground support, hazardous substances and tailings management (s 32).
Interaction with inspectors and Chief Inspector
Preparedness for inspections and audits: mines inspectors may audit and review HSMS and other statutory requirements at any time and request documentation; comply with reasonable requests and provide documentation promptly (s 23(1)-(6)). If a mines inspector issues a written direction to amend or review HSMS, comply with the direction and the timeline specified; the direction must set out reasons and the date by which review and implementation are required and may require reassessment prior to implementation (s 24(1)-(4)).
Independent audit readiness: where the Chief Inspector directs an independent audit under s 25, ensure an auditor approved by the Chief Inspector is appointed, obtain the audit, provide the outcome to the Chief Inspector by the date specified and pay for the audit (s 25(2)-(5), (7)). Consider early engagement with bipartite teams where appropriate and seek Chief Inspector approval for team composition if intended (s 25(6)).
Compliance with directions and oversight
Comply with Chief Inspector directions: where the Chief Inspector serves written directions requiring steps to prevent injuries or prohibiting specified plant or substances, comply as specified (s 9(1)-(3)). Directions may require appointment of suitably qualified advisors or monitoring and introduction of written safety policies (s 9(2)).
Facilitate consultation: persons conducting a business at the mine who are not the operator must facilitate consultation between workers and the mine operator on health and safety matters (s 28).
Notifications and special situations
Notify commencement/resumption/suspension/abandonment: the mine operator must notify the Chief Inspector before commencement of operations, resumption after suspension, suspension, and abandonment (s 27(1)). Note that this excludes exploration activities unless drilling other than post hole or hand‑held instrument drilling is involved (s 27(2)).
Be aware of scope declarations: the regulator may declare that a particular activity at a site is a mining operation or not (s 6(3), (3A)). Monitor Gazette notices for site‑specific scope declarations and guidance material (s 6(3), s 33(4)).
Exemptions and approvals
Apply for exemptions if necessary: where compliance with a Part 4 requirement is not practicable, a mine operator may apply in writing to the Chief Inspector for an exemption; the Chief Inspector may grant a full or partial exemption with conditions but only if satisfied an equivalent safety management system covers the operation to the same standard (s 26(1)-(3)). Keep documentary evidence demonstrating equivalence.
Record evidence and competencies
Maintain qualifications and records: keep records demonstrating qualifications, training and competence for the site senior officer and other nominated competent persons (s 14(3)-(4), s 31(2)). Keep audit reports, inspection records, HSMS versions, consultation records and minutes to demonstrate ongoing compliance with the HSMS (s 20(5), s 23).
Regulatory instruments and standards
Monitor regulations and guidance material: regulations may set technical and procedural details (s 37), and the Chief Inspector may declare guidance material that will inform decision‑making (s 33). Ensure legal and operational compliance with any declared guidance and any regulations that adopt or reference external technical standards (s 37(8)-(9), s 33(1)).
Practical risk control and contractual steps
Contract drafting: ensure contracts with contractors and mine operators clearly allocate responsibilities for HSMS compliance, record keeping and provision of information. However, note statutory duties on mine holders and operators cannot be outsourced; contractual allocation does not remove statutory obligations (s 11(7), s 13(3)-(4)).
Succession and absence planning: arrange for a competent substitute to undertake site senior officer duties during absences exceeding seven continuous days, and notify the Chief Inspector for prolonged absences at high‑hours operations (s 18(1)-(2)). Ensure acting roles are documented and training is recorded to avoid fines under s 18 and s 31(3).
Audit and continuous improvement
Prepare for reassessment: where an HSMS amendment or review is directed, the inspector may require reassessment by the mines inspector prior to implementation (s 24(2)(d)). Maintain an auditable HSMS process that documents reviews, amendments and verification steps to demonstrate compliance in any reassessment.
Legal review and dispute readiness
Understand review rights: be prepared to use the WHS Act review mechanism for disputes arising from decisions listed in s 34. Maintain records to support review applications and to demonstrate consultation with workers and other parties as required by the Act.
Following this checklist, with documentation tied to each statutory requirement, places an operator in a position to demonstrate compliance and to react promptly to inspector directions, audit requirements and Chief Inspector approvals.
(d) a reference in any regulations made under the Work Health and Safety Act 2012 to a matter "under the Act" includes, unless the contrary intention appears, a reference to any regulations made under this Act.
Note[Section 4 Subsection (1) amended by No. 39 of 2020, s. 5, Applied:27 Dec 2020] For example, section 191 of the Work Health and Safety Act 2012 relates to the issuing of an improvement notice in respect of a contravention of the Work Health and Safety Act 2012 (by reference to this Act). As a result of subsection (1)(b), an improvement notice may also be issued in respect of the Mines Work Health and Safety (Supplementary Requirements) Act 2012 as the reference in section 191 to this Act now includes both Acts.
(2) Despite subsection (1)(a) , words that are used in this Act and that are defined in Part 2 are, in this Act, to be taken to have the meaning they have in this Act.
(3) [Section 4 Subsection (3) substituted by No. 39 of 2020, s. 5, Applied:27 Dec 2020] Despite subsection (1) –
(a) a reference in this Act to this Act is not to be taken to be a reference to the Work Health and Safety Act 2012 ; and
(b) a reference in any regulations made under this Act to these regulations is not to be taken to be a reference to any regulations made under the Work Health and Safety Act 2012 .
Part 2 Interpretative Provisions
Part 2 Interpretative Provisions
5 Interpretation
5 Interpretation
In this Act –
atomic substance has the same meaning as it has in the Mineral Resources Development Act 1995 ;
Chief Inspector of Mines means the inspector who is designated to be the Chief Inspector of Mines under section 8(1) ;
fossick means to search to a depth of 2 metres for minerals, for a purpose other than for commercial gain, by –
(a) digging by hand; or
(b) using hand-held instruments;
geothermal substance has the same meaning as it has in the Mineral Resources Development Act 1995 ;
hours worked means hours worked, as calculated in accordance with section 7 ;
[Section 5 Amended by No. 39 of 2020, s. 6, Applied:27 Dec 2020]mine includes any place at, in, on or under which mining operations are carried out and includes any fixtures, fittings, plant or structures at such a place that are used for, or in connection with, mining operations;
mine holder means –
(a) in relation to mining operations, the holder of a mining lease, or a sublease, under Part 4 of theMineral Resources Development Act 1995 ,that is relevant to those mining operations; or
(b) in relation to exploration, the holder of a mineral tenement, under the Mineral Resources Development Act 1995 ,that is relevant to that exploration; or
(c) if paragraphs (a) and (b) do not apply, the person for whose benefit the mining operations are carried out;
mine operator means the entity or individual appointed as, or taken to be, a mine operator under section 11 ;
mineral includes the following:
(a) an inorganic substance;
(b) an atomic substance;
(c) a geothermal substance;
(d) coal;
(e) oil;
(f) petroleum;
(g) gas;
(h) sand, rock, crushed stone, gravel or clay produced or excavated for commercial purposes;
(i) matter forming part of the crust of the earth –
but does not include the following:
(j) subsoil;
(k) the layer of soil sustaining vegetation;
(l) water, except where it is a geothermal substance;
[Section 5 Amended by No. 39 of 2020, s. 6, Applied:27 Dec 2020]mines inspector – see section 10A ;
mine worker means a worker who performs mining operations at a mine;
mining operations – see section 6 ;
regulator means the regulator within the meaning of Schedule 2 to the Work Health and Safety Act 2012 ;
site senior officer, for a mine, means the person appointed under section 14 to be the site senior officer for the mine.
6 Meaning of mining operations
6 Meaning of mining operations
(1) In this Act, mining operations includes any activity associated with the following:
(a) the exploration for minerals involving the mechanical disturbance of the ground;
(ab) [Section 6 Subsection (1) amended by No. 39 of 2020, s. 7, Applied:27 Dec 2020] the preparation, development, construction or maintenance of a site where an activity referred to in paragraph (a), (b) or (c) is intended to occur, including the construction of infrastructure to be used in such an activity;
(b) the extraction or excavation of minerals, or other material containing minerals, from the ground;
(c) the following activities undertaken on the same site, adjacent to, or as part of, a continuous process of extraction:
(i) the preparation or processing of extracted or excavated material, ore, minerals, tailings, spoil heaps or waste dumps including crushing, grinding, sizing, washing, concentrating, separating, smelting and refining;
(ii) the extraction, excavation, removal, handling, transport and storage of minerals, substances, contaminants and waste;
(iii) the construction, operation, maintenance and removal of plant and buildings;
(d) [Section 6 Subsection (1) amended by No. 39 of 2020, s. 7, Applied:27 Dec 2020][Section 6 Subsection (1) amended by No. 39 of 2020, s. 7, Applied:27 Dec 2020] the decommissioning, rehabilitation, security, repair or maintenance of a place at which an activity referred to in paragraph (a) , (ab) , (b) or (c) occurs or has occurred;
(da) [Section 6 Subsection (1) amended by No. 39 of 2020, s. 7, Applied:27 Dec 2020] any other activity, or operation, prescribed as a mining operation;
(e) any other activity or operation declared under subsection (3) to be a mining operation.
(2) Despite subsection (1) , in this Act, mining operations does not include –
(a) any activity associated with the production on private land of any rock, crushed stone, gravel, sand or clay for the private, non-commercial use of the owner; or
(b) [Section 6 Subsection (2) amended by No. 39 of 2020, s. 7, Applied:27 Dec 2020] fossicking; or
(c) [Section 6 Subsection (2) amended by No. 39 of 2020, s. 7, Applied:27 Dec 2020] any activity, or operation, that is prescribed as not being a mining operation; or
(d) [Section 6 Subsection (2) amended by No. 39 of 2020, s. 7, Applied:27 Dec 2020] any activity, or operation, that is declared under subsection (3A) to not be a mining operation.
(3) [Section 6 Subsection (3) amended by No. 39 of 2020, s. 7, Applied:27 Dec 2020] The regulator, having regard to the nature of the work, risks or hazards involved in an activity or operation, may, by notice in the Gazette, declare the activity or operation to be a mining operation at a particular site.
(3A) [Section 6 Subsection (3A) inserted by No. 39 of 2020, s. 7, Applied:27 Dec 2020] The regulator may, by notice in the Gazette, declare an activity or operation at a particular site to not be a mining operation, if the regulator is satisfied that the activity or operation is not being undertaken in preparation for, or in the course of or as a result of, the occurrence at that site of another activity or operation referred to in subsection 1(a) , (ab) , (b) or (c) .
(4) [Section 6 Subsection (4) amended by No. 39 of 2020, s. 7, Applied:27 Dec 2020] A declaration under subsection (3) or (3A) is not a statutory rule for the purposes of the Rules Publication Act 1953 .
7 Calculation of hours worked
7 Calculation of hours worked
(1) The number of hours worked at a mine in a month is the average of the hours worked per month over the previous 6 months during which work has been carried out at the mine.
(2) If work has been carried out at the mine in less than 6 of the previous 12 months, the number of hours worked per month is to be calculated by making a reasonable estimate as to the number of hours that will be worked at the mine in the forthcoming month.
(3) In calculating the number of hours worked, or that will be worked, at a mine, all hours worked or estimated to be worked, respectively, by all individuals at the mine are to be included, regardless of whether the individuals are the mine holder, mine operator, employees, self-employed persons, employees of contractors or other employers, labour hire workers or persons engaged for work under any other arrangement.
7A Examples and notes
7A Examples and notes
[Section 7A Inserted by No. 39 of 2020, s. 8, Applied:27 Dec 2020] For the avoidance of doubt, unless otherwise specified in this Act –
(a) an example at the foot of a provision forms part of this Act; and
(b) a note at the foot of a provision forms part of this Act.
Part 3 Health and Safety in Mines
Part 3 Health and Safety in Mines
Division 1 Chief Inspector of Mines
Division 1 Chief Inspector of Mines
8 Chief Inspector of Mines
8 Chief Inspector of Mines
(1) The regulator is to designate an inspector to be the Chief Inspector of Mines.
(1A) [Section 8 Subsection (1A) inserted by No. 39 of 2020, s. 9, Applied:27 Dec 2020] The regulator may only designate an inspector to be the Chief Inspector of Mines if the regulator is satisfied that the inspector –
(a) holds a relevant degree, or equivalent qualification, as specified in subsection (1B) ; and
(b) has knowledge, skills and experience, relevant to mining operations, to enable the inspector to exercise effectively the powers, and perform effectively the functions, of the Chief Inspector of Mines; and
(c) holds such other qualifications, or has such other knowledge, skills and experience, as may be prescribed for this section.
(1B) [Section 8 Subsection (1B) inserted by No. 39 of 2020, s. 9, Applied:27 Dec 2020] For the purposes of subsection (1A)(a) –
(a) a degree is a relevant degree if the degree –
(i) is a bachelor degree, with a major, or honours, in the area of mining engineering; and
(ii) has been awarded on the completion of a program accredited, in accordance with the Washington Accord, by a full signatory to the Washington Accord; or
(b) a qualification is an equivalent qualification if the regulator is satisfied, on reasonable grounds, that the qualification is equal to, or exceeds, the requirements of a degree referred to in paragraph (a) .
(2) The Chief Inspector of Mines is, subject to the direction of the regulator, responsible for –
(a) the oversight and direction of inspectors assigned primarily to mines; and
This is an opening excerpt, not the complete document.