(1) This Act applies to the following places of work (which are called mines in this Act):
(a) any place where the extraction of material from land for the purpose of recovering minerals or quarry product is carried out, (b) any place where the treatment of any such extracted material, or the treatment of minerals or quarry product, is carried out, if that place is at or near the place from which the material, minerals or quarry product were extracted, (c) any place where the storage or treatment of waste resulting from:
(i) the extraction of material from land for the purpose of recovering minerals or quarry product, or (ii) the treatment of minerals or quarry product, is carried out, if that place is at or near the place from which the material, minerals or quarry product were extracted, (d) any place where recycling operations are carried out, if that place is at or near the place from which material was extracted from land for the purpose of recovering quarry product to be used in the recycling operations, (e) any place where the manufacturing of ready-mix concrete or bitumen hot mix is carried out, if that place is:
(i) at or near a place from which material was extracted from land for the purpose of recovering quarry product, and (ii) under the control of the same person or entity that has control of the place referred to in subparagraph (i), (f) any place where mining exploration is carried out, Note— See subsection (6). (g) any place where the treatment of zircon, rutile, ilmenite, monazite and associated minerals is carried out, (h) any place where offshore exploration or mining activities within the meaning of the are carried out, Offshore Minerals Act 1999 (i) any place where operations associated with the care, security or maintenance of a place referred to in paragraph (a)–(h), (j) or (k) are carried out during any time when activities or operations at that place are suspended, (j) any place where operations associated with the decommissioning or abandonment of a place referred to in paragraph (a)–(i) are carried out, (k) any place where an activity or operation referred to in paragraph (a)–(j) is or has been carried out, and that is being rehabilitated. (2) Any building, structure, pit, shaft, drive, level, incline, decline, excavation or work that is:
(a) at a place referred to in subsection (1) (a)–(h), and (b) in the course of construction, and (c) intended to be part of a mine, is taken to be part of the mine constituted by that place.
(1) If any question arises, otherwise than in proceedings before a court, as to whether a mine or other place is a mine or place to which this Act applies, the question is to be referred to the Minister.
Note— The is the main Act that deals with the health, safety and welfare of persons at work. This Part explains how this Act fits in with the Work Health and Safety Act 2011 . Basically, this Act creates additional protections, rights and obligations necessary because of the special risks associated with mines. This Part makes it clear that this Act provides for an increase in the standard of protection of persons at work at mines and does not result in less protection than the Work Health and Safety Act 2011 would otherwise provide. Work Health and Safety Act 2011
Note— Part 2 of the imposes duties relating to health, safety and welfare at work. Those duties apply to work at mines. Work Health and Safety Act 2011 This Part imposes extra duties.
(1) A mine holder must not undertake any work directly related to mining, or allow any other person to undertake any work directly related to mining, at a mine unless the mine holder has nominated one person who is the employer with the day to day control of the mine as the operator of the mine. (2) A nomination must be made in writing to the Chief Inspector. (3) A mine holder may nominate himself, herself or itself as the operator of a mine. (4) If there is more than one separate and distinct mine at a place, the mine holder may nominate the person who is the employer with the day to day control of each such mine, individually or collectively. (5) A nomination under this section must be in the form prescribed by the regulations. (6) The Chief Inspector may require a mine holder to provide further information concerning a nomination.
(1) An employer of any person who works at a mine must not dismiss an employee, injure an employee in his or her employment or alter an employee’s position to his or her detriment because the employee:
(a) participates in a consultation process required by this Act or the regulations, or (b) exercises rights under this Act or the regulations, or (c) reports a notifiable incident within the meaning of section 88, or (d) in connection with a health and safety matter, seeks the assistance of, or reports a matter to, an authorised representative, or (e) performs functions or complies with duties under this Act or the regulations or assists a government official, or (f) is, or is standing for election to be, a site check inspector.
(1) A contractor who works at a mine may prepare a safety management plan that includes an assessment of risks associated with the work to be carried out by the contractor at the mine. (2) Any such safety management plan must address work health and safety issues and must include (but is not limited to) details of the following:
(a) the work process, (b) the equipment to be used in the work process, (c) the standards or codes to be complied with, (d) the records to be kept of the process, (e) the competencies of the personnel doing the work, (f) safe work method statements for all work activities assessed as having risks, (g) any other matter prescribed by the regulations. (3) A contractor may provide the safety management plan of the contractor to the operator of a mine at which the contractor proposes to work for the operator’s acceptance.
(1) A person must not commence drilling operations unless the person has given the Chief Inspector at least 7 days’ written notice of the operations.
(1) Any of the following persons may apply for a permit in relation to a mine:
(a) in relation to a mine that is located on land subject to a mining lease (other than a mining lease in respect of coal), or to a mineral claim, under the , the holder of which owns the land—the mining lease or mineral claim holder or another person with that holder’s consent, Mining Act 1992 (b) in relation to a mine that is located on land subject to a mining lease (other than a mining lease in respect of coal), or to a mineral claim, under the , the holder of which does not own the land—the mining lease or mineral claim holder with the land owner’s consent, or another person with the consent of the mining lease or mineral claim holder and the land owner, Mining Act 1992 (c) in relation to a mine that is not located on land subject to a mining lease or mineral claim under the —the owner of the land on which the mine is located or another person with the land owner’s consent. Mining Act 1992 (2) The Minister may, on application being made to the Minister in writing, issue a permit that:
(a) authorises tourist activities to be conducted in or about the mine, or (b) authorises the mine to be used principally for educational purposes, or both, subject to any conditions that the Minister may specify in the permit and any conditions that may be prescribed by the regulations.
(1) This section applies if it appears to the Minister that an investigation of any of the following is necessary:
(a) any event causing death or serious injury at a mine and its causes and circumstances, (b) any dangerous occurrence at a mine and its causes and circumstances, (c) any practice at a mine that, in the opinion of the Minister, adversely affects or is likely to adversely affect the safety or health of persons employed at the mine, (d) any matter relating to the safety, health, conduct or discipline of persons at or in relation to a mine. (2) If this section applies, the Minister may constitute a person as a Board of Inquiry to conduct a special inquiry into the event, occurrence, practice or matter. (3) A Board of Inquiry may, at a special inquiry conducted by it, take evidence on oath or affirmation and, for that purpose, the person constituting the Board:
(a) may require a person appearing at the inquiry to give evidence, to take an oath or to make an affirmation in a form approved by the person presiding, and (b) may administer an oath to, or take an affirmation from, a person appearing at the inquiry. (4) In conducting a special inquiry, a Board of Inquiry:
(a) is not bound to act in a formal manner, and (b) is not bound by the rules of evidence and may inform itself on any matter in any way that it considers appropriate.
(1) If the Minister is of the opinion that any action is being, or is about to be, carried out by any person at a place of work to which this Act applies that involves, or is likely to result in, a serious breach of a provision of:
(a) this Act or the regulations, or (b) the or the regulations under that Act, Work Health and Safety Act 2011 the Minister may order that the person is to cease or is not to carry out the action and that no action, other than any action that may be specified in the order, is to be carried out in or in the vicinity of the place, or a specified part of the place, within a period not exceeding 28 days after the day of the order.
Note— Section 156A of the provides that a person appointed as a government official under this Act is deemed to have been appointed as an inspector for the purposes of the WHS Act and has the powers of an inspector under that Act in relation to mining workplaces. Work Health and Safety Act 2011
Note— Section 229A of the provides for offences under this Act and the regulations to be prosecuted under that Act. Work Health and Safety Act 2011
(Section 196)