An Act to amend the Coal Mines Regulation Act 1982, the Mines Inspection Act 1901 and the Occupational Health and Safety Act 2000 with respect to the appointment of inspectors in relation to mines; to amend the Mining Act 1992 to provide for the establishment of a Mine Safety Advisory Council; and for other purposes.
1 Name of Act
This Act is the Mining Legislation Amendment (Health and Safety) Act 2002.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Coal Mines Regulation Act 1982 No 67
The Coal Mines Regulation Act 1982 is amended as set out in Schedule 1.
4 Amendment of Mines Inspection Act 1901 No 75
The Mines Inspection Act 1901 is amended as set out in Schedule 2.
5 Amendment of Mining Act 1992 No 29
The Mining Act 1992 is amended as set out in Schedule 3.
6 Amendment of Occupational Health and Safety Act 2000 No 40
The Occupational Health and Safety Act 2000 is amended as set out in Schedule 4.
Schedule 1 Amendment of Coal Mines Regulation Act 1982
(Section 3)
[1] Section 5 Definitions
Insert at the end of paragraph (c) of the definition of owner in section 5 (1):and(d) where the mine or the part of the mine is being worked by a subcontractor—the subcontractor,
[2] Section 167B
Insert after section 167A:167B Exercise of inspector’s powers under Occupational Health and Safety Act 2000(1) If an inspector appointed under section 47A of the Occupational Health and Safety Act 2000 requires a person referred to in section 60 (1) (a) of this Act to answer questions in the course of the inspector exercising functions under that Act, the person is entitled to nominate another person to be present while being questioned.(2) The regulations may make provision for or with respect to the exercise of functions under the Occupational Health and Safety Act 2000 in relation to a mine (within the meaning of this Act) by an inspector appointed under section 47A of that Act.(3) A reference in subsection (2) to the exercise of functions under the Occupational Health and Safety Act 2000 in relation to a mine includes a reference to the exercise of functions under Division 2 of Part 5 of that Act in relation to premises other than a mine for the purpose of investigating any matter under that Act in relation to a mine.
[3] Schedule 3 Savings and transitional provisions
Insert at the end of clause 1 (1):
Schedule 2 Amendment of Mines Inspection Act 1901
(Section 4)
[1] Section 77A
Insert after section 77:77A Exercise of inspector’s powers under Occupational Health and Safety Act 2000(1) If an inspector appointed under section 47A of the Occupational Health and Safety Act 2000 requires a person referred to in section 36A (1) (a) of this Act to answer questions in the course of the inspector exercising functions under that Act, the person is entitled to nominate another person to be present while being questioned.(2) The regulations may make provision for or with respect to the exercise of functions under the Occupational Health and Safety Act 2000 in relation to a mine (within the meaning of this Act) by an inspector appointed under section 47A of that Act.(3) A reference in subsection (2) to the exercise of functions under the Occupational Health and Safety Act 2000 in relation to a mine includes a reference to the exercise of functions under Division 2 of Part 5 of that Act in relation to premises other than a mine for the purpose of investigating any matter under that Act in relation to a mine.
[2] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Schedule 3 Amendment of Mining Act 1992
(Section 5)
Part 16
Insert after Part 15:Part 16 Mine Safety Advisory Council341 Establishment of Mine Safety Advisory Council(1) The Minister is to establish a Mine Safety Advisory Council that includes representation from peak industry and employee organisations.(2) The Mine Safety Advisory Council has the following functions:(a) providing advice to the Minister on any policy matter relating to occupational health and safety in mines,(b) any other advisory function relating to occupational health and safety in mines that is prescribed by the regulations.(3) The regulations may make provision for or with respect to the constitution, members and procedure of the Mine Safety Advisory Council.
Schedule 4 Amendment of Occupational Health and Safety Act 2000
(Section 6)
[1] Section 5 Application of Act
Omit the notes to the section. Insert instead:Note—1Section 86 (Notification of accidents and other matters) and section 87 (Non-disturbance of plant etc) do not apply to mines.2This Act applies to the Crown—see section 118.3This Act applies to prescribed plant affecting public safety even if it is not at a place of work or for use at work—see section 135.
[2] Section 47 Appointment of inspectors (otherwise than in connection with mines)
Insert at the end of section 47:(2) A person appointed as an inspector under this section is not authorised to exercise functions under this Act in relation to a mine.
[3] Section 47
Omit the note to the section.
[4] Section 47A
Insert after section 47:47A Appointment of inspectors in connection with mines(1) The Minister may appoint as an inspector for the purposes of this Act and the regulations any person who is, or could be appointed or designated as, an inspector, mine safety officer or investigator under the Coal Mines Regulation Act 1982 or the Mines Inspection Act 1901.(2) An instrument appointing a person as an inspector under this section may limit the functions that the person has as such an inspector.(3) A person appointed as an inspector under this section is only authorised to exercise functions under this Act in relation to a mine, but may exercise functions under Division 2 in relation to premises other than a mine for the purpose of investigating any matter under this Act in relation to a mine.
[5] Section 48
Omit the section. Insert instead:48 Identification of inspectors(1) Every inspector appointed under section 47 or 47A is to be issued with an identification card as an inspector that complies with this section.(2) The identification card must:(a) state that it is issued under this Act, and(b) give the name of the person to whom it is issued, and(c) state the date (if any) on which it expires, and(d) describe the kinds of premises to which the powers of the inspector extend, and(e) state any limitations on the functions that the inspector is authorised to exercise under this Act that are imposed by the inspector’s instrument of appointment, and(f) bear the signature of:(i) in the case of an inspector appointed under section 47, the General Manager of WorkCover or an officer approved by the General Manager of WorkCover for the purposes of this paragraph, or(ii) in the case of an inspector appointed under section 47A, the Minister or a person authorised by the Minister.(3) Nothing in this section prevents a single identification card being issued to a person in respect of functions to be exercised as an inspector under section 47A and functions to be exercised under the Coal Mines Regulation Act 1982 or the Mines Inspection Act 1901, or both.
[6] Section 49 Division does not apply to mines
Omit the section.
[7] Section 104 Part does not apply to mines
Omit the section.
[8] Section 133 Application of Act to mines: references to WorkCover
Insert “, or to an officer of WorkCover” after “WorkCover”.
[9] Section 137A
Insert after section 137:137A Delegation of functions in relation to mines by Minister(1) The Minister may delegate to the Director-General any of the following functions of the Minister:(a) any function under section 47A, or(b) any function under this Act that is to be exercised by the Minister as a result of a regulation under section 133 that provides that a reference to WorkCover in a particular provision of this Act is to be read as a reference to the Minister.(2) The Director-General may delegate to any authorised person any function of the Director-General under this Act, other than this power of delegation.(3) The Director-General may subdelegate to any authorised person any function delegated to the Director-General by the Minister if the Director-General is authorised to do so by the Minister.(4) In this section:means a public servant, or any other person authorised by the regulations.Director-General means the Director-General of the Department of Mineral Resources.
[10] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):