Coal Mining Safety and Health Act 1999
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Minister:
Minister for Natural Resources and Mines, Minister for Manufacturing and Minister for Regional and Rural Development
Agency:
Resources Safety and Health Queensland
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Coal Mining Safety and Health Act 1999
Coal Mining Safety and Health Act 1999
An Act to regulate the operation of coal mines, to protect the safety and health of persons at coal mines and persons who may be affected by coal mining operations, and for other purposes
Part 1
Preliminary
Division 1
Introduction
1 Short title
This Act may be cited as the
Coal Mining Safety and Health Act 1999 .
2 Commencement
This Act commences on a day to be fixed by proclamation.
Division 2
Operation of Act
3 Act binds all persons
(1) This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and all the other States.
(2) Nothing in this Act makes the State liable to be prosecuted for an offence.
4 What does this Act apply to
This Act applies to coal mines and coal mining operations.
5 Who does this Act apply to
This Act applies to— (a) everyone who may affect the safety or health of persons while the persons are at a coal mine; and
(b) everyone who may affect the safety or health of persons as a result of coal mining operations; and
(c) a person whose safety or health may be affected while at a coal mine or as a result of coal mining operations.
5A Relationship with Rail Safety National Law (Queensland)
(1) This section applies if— (a) this Act, in the absence of this section, would apply to a mining railway; and
(b) the
Rail Safety National Law (Queensland)
also applies to the mining railway.
(2) This Act does not apply to the mining railway to the extent that the
Rail Safety National Law (Queensland)
applies.
(3) In this section—
mining railway
means a railway that is in a mine other than a railway mentioned in the
Rail Safety National Law (Queensland) , section 7 (1)(a).
s 5A ins 2017 No. 4
s 137
Division 3
Objects of Act
6 Objects of Act
The objects of this Act are— (a) to protect the safety and health of persons at coal mines and persons who may be affected by coal mining operations; and
(b) to require that the risk of injury or illness to any person resulting from coal mining operations be at an acceptable level; and
(c) to provide a way of monitoring the effectiveness and administration of provisions relating to safety and health under this Act and other mining legislation.
s 6 amd 2009 No. 16 s 4
7 How objects are to be achieved
The objects of this Act are to be achieved by— (a) imposing safety and health obligations on persons who operate coal mines or who may affect the safety or health of others at coal mines; and
(b) providing for safety and health management systems at coal mines to manage risk effectively; and
(c) making regulations and recognised standards for the coal mining industry to require and promote risk management and control; and
(d) establishing a safety and health advisory committee to allow the coal mining industry to participate in developing strategies for improving safety and health; and
(e) providing for safety and health representatives to represent the safety and health interests of coal mine workers; and
(f) providing for inspectors and other officers to monitor the effectiveness of risk management and control at coal mines, and to take appropriate action to ensure adequate risk management; and
(g) providing a way for the competencies of persons at coal mines to be assessed and recognised; and
(h) requiring management structures so that persons may competently supervise the safe operation of coal mines; and
(i) providing for an appropriate coal mines rescue capability; and
(j) providing for a satisfactory level of preparedness for emergencies at coal mines; and
(k) providing for the health assessment and health surveillance of persons who are, will be or have been coal mine workers.
s 7 amd 2009 No. 16 s 5; 2010 No. 17 s 17 sch; 2018 No. 28
s 4 ; 2020 No. 10
s 75
Division 4
Interpretation
8 Dictionary
The dictionary in schedule 3 defines particular words used in this Act.
9 Meaning of
coal mine
(1) A
coal mine
is any of the following places— (a) a place where on-site activities are carried on, continuously or from time to time, within the boundaries of land the subject of a mining tenure;
(b) a place where on-site activities are carried on, continuously or from time to time, on land adjoining or adjacent to the boundaries of land the subject of a mining tenure and within which is a place mentioned in paragraph (a);
(c) a place where on-site activities are carried on, continuously or from time to time, unlawfully because land at the place is not the subject of a mining tenure;
(d) a place that was a coal mine while works are done to secure it after its abandonment;
(e) a place where tourism, education or research related to coal mining happens that is declared under a regulation to be a coal mine;
(f) a place that was a coal mine, or part of a coal mine, while— (i) on-site activities are carried on, continuously or from time to time; and
(ii) an authorisation to enter land under the
Mineral Resources Act 1989 , section 344D is in force for the place.
(2) A
coal mine
includes buildings for administration, accommodation and associated facilities within the boundaries of land the subject of the mining tenure for the mine or on land adjoining or adjacent to the boundaries of the land the subject of the mining tenure.
(3) Despite subsection (1)(d), a place that was a coal mine is not a
coal mine
after its abandonment merely because work is being done at the place by or for the State— (a) to ensure public safety; or
(b) to rehabilitate it; or
(c) to secure it.
s 9 amd 2002 No. 25 s 3; 2016 No. 32 s 18; 2020 No. 14 s 218 sch 1; 2024 No. 34 s 4
10 Meaning of
on-site activities
(1)
On-site activities
are activities carried on principally for, or in connection with, exploring for or winning coal and include the following— (a) constructing— (i) things required or permitted to be constructed under an exploration permit, mineral development licence or mining lease; or
(ii) for a place mentioned in section 9 (1)(c)—things that are required or permitted to be constructed under an exploration permit, mineral development licence or mining lease;
(b) treating coal and disposing of waste substances;
(c) rehabilitating of a place after coal mining operations;
(d) maintaining and testing plant, equipment or machinery.
(2)
On-site activities
do not include the following— (a) airborne geophysical surveys;
(b) transporting product from a coal mine on public roads or public railways or on any other railway;
(c) constructing and installing surface railways;
(d) air transport to and from a coal mine;
(e) pastoral activities;
(f) underground gasification activities on land the subject of— (i) a mineral development licence or a mining lease for activities relating to mineral (f); or
(ii) an exploration permit if the chief inspector has made a declaration under section 52A ;
(g) an activity declared not to be an on-site activity under a regulation.
s 10 amd 2002 No. 25 s 4; 2008 No. 33 s 40
11 Meaning of
safety and health
A person’s
safety and health
is the person’s safety or health, to the extent it is or may be affected by coal mining operations or other activities at a coal mine.
12 Meaning of
competence
Competence
for a task at a coal mine is the demonstrated skill and knowledge required to carry out the task to a standard necessary for the safety and health of persons.
13 Meaning of
consultation
Consultation
with coal mine workers is discussion between the site senior executive or supervisors and affected coal mine workers about a matter with the aim of reaching agreement about the matter.
14 Meaning of
standard operating procedure
A
standard operating procedure
at a coal mine is a documented way of working, or an arrangement of facilities, at the coal mine to achieve an acceptable level of risk, developed after consultation with coal mine workers.
s 14 amd 2000 No. 18 s 8
15 Meaning of
accident
An
accident
at a coal mine is an event, or a series of events, at the coal mine causing injury to a person.
16 Meaning of
serious accident
A
serious accident
at a coal mine is an accident at a coal mine that causes— (a) the death of a person; or
(b) a person to be admitted to a hospital as an in-patient for treatment for the injury.
17 Meaning of
high potential incident
A
high potential incident
at a coal mine is an event, or a series of events, that causes or has the potential to cause a significant adverse effect on the safety or health of a person.
18 Meaning of
risk
(1)
Risk
means the risk of injury or illness to a person arising out of a hazard.
(2) Risk is measured in terms of consequences and likelihood.
19 Meaning of
hazard
A
hazard
is a thing or a situation with potential to cause injury or illness to a person.
20 Meaning of
principal hazard
A
principal hazard
at a coal mine is a hazard at the coal mine with the potential to cause multiple fatalities.
21 Meaning of
coal mine operator
(1) A
coal mine operator
for a coal mine is— (a) the holder; or
(b) if another person has been appointed as the coal mine operator under section 53 and the appointment is notified to the chief inspector under section 49 , the other person.
(2) If— (a) another person mentioned in subsection (1)(b) is appointed as the coal mine operator for a separate part of a surface mine; and
(b) the appointment is notified to the chief inspector under section 49 ;
the person’s responsibilities and safety and health obligations under this Act as a coal mine operator for a coal mine are limited to the separate part of the surface mine.
(3) If— (a) 1 or more persons are appointed as coal mine operators for separate parts of a surface mine; and
(b) the appointments are notified to the chief inspector under section 49 ;
the holder’s responsibilities and safety and health obligations under this Act as a coal mine operator for the coal mine are limited to the part of the mine to which the appointments do not apply.
(4) For this section, a part of a surface mine is taken to be a
separate part of a surface mine
only if— (a) the part is geographically separated from the rest of the mine; and
(b) there is no physical overlapping of coal mining operations between the part and the operations in another part of the mine; and
(c) the coal mine operator for the part is in control of— (i) the coal mining operations carried out in the part of the mine; and
(ii) the resources associated with the operations.
(5) A person may be appointed coal mine operator for more than 1 mine or separate part of a surface mine.
22 Meaning of
geographically separated
(1) For section 21 (4), a part of a surface mine is
geographically separated
from the rest of the mine if there is a clear boundary between the part of the surface mine and the rest of the mine.
(2) Examples of a part of a surface mine that is geographically separated from the rest of the mine include the following— (a) a treatment plant that has all of its own facilities;
(b) a surface mine excavation that has its own facilities, including haul roads not shared with persons involved in operations in another part of the mine;
(c) a place where exploration activities are carried out if persons carrying out the activities do not share facilities with persons involved in coal mining operations in another part of the mine.
23 Meaning of
physical overlapping of coal mining operations
(1) For section 21 (4),
physical overlapping of coal mining operations
for a surface mine includes the common use with persons involved in coal mining operations in another part of the mine of— (a) haul roads; and
(b) stockpiles, if vehicles associated with coal mining operations in another part of the mine travel onto the stockpiles; and
(c) mine workshops, stores and stores systems, hard stands and amenities.
(2) However, the following are not
physical overlapping of coal mining operations
for a surface mine— (a) vehicles from 1 part of the mine dumping into a receival hopper in another part of the mine if the vehicles do not travel into the other part of the mine;
(b) a conveyor system in 1 part of the mine discharging into a bin or onto a stockpile controlled by persons in another part of the mine;
(c) a workshop in 1 part of the mine servicing vehicles from another part of the mine;
(d) a laboratory in 1 part of the mine providing a service to another part of the mine.
24 When is a coal mine operator not in control
For section 21 (4), a coal mine operator is not in control of coal mining operations and associated resources for part of a surface mine if— (a) a person involved with coal mining operations in the part of the mine can transfer resources to another part of the mine; or
(b) a person involved with coal mining operations in the part of the mine has the general management of another part of the mine; or
(c) a person involved in coal mining in the part of the mine can control the supply of services, including supervision and safety inspections, to another part of the mine.
25 Meaning of
site senior executive
(1) The
site senior executive
for a coal mine is the most senior officer employed or otherwise engaged by the coal mine operator for the coal mine who— (a) is located at or near the coal mine; and
(b) has responsibility for the coal mine.
(2) Subsection (1)(a) does not require an officer with responsibility for exploration activities under an exploration permit or mineral development licence to be located at or near the coal mine.
(3) If the officer only has responsibility for a separate part of a surface mine, the officer’s responsibilities and safety and health obligations under this Act as a site senior executive for a coal mine are limited to the separate part of the surface mine for which the officer has responsibility.
s 25 amd 2011 No. 2 s 6
26 Meaning of
supervisor
A
supervisor
at a coal mine is a person appointed under section 56 to— (a) implement and monitor the coal mine’s safety and health management system; and
(b) give directions to other coal mine workers at the coal mine in accordance with the safety and health management system.
s 26 sub 2002 No. 25 s 5; 2024 No. 34
s 5
27 Meaning of
industry safety and health representative
An
industry safety and health representative
is a person who is appointed under section 109 (1) to represent coal mine workers on safety and health matters and who performs the functions and exercises the powers of an industry safety and health representative mentioned in part 8 , division 2 .
28 Meaning of
site safety and health representative
A
site safety and health representative
for a coal mine is a coal mine worker elected under section 93 by coal mine workers at the coal mine to exercise the powers and perform the functions of a site safety and health representative mentioned in part 7
division 2 .
Part 2
The control and management of risk and other basic concepts
Division 1
Control and management of risk
29 What is an acceptable level of risk
(1) For risk to a person from coal mining operations to be at an
acceptable level , the operations must be carried out so that the level of risk from the operations is— (a) within acceptable limits; and
(b) as low as reasonably achievable.
(2) To decide whether risk is within acceptable limits and as low as reasonably achievable regard must be had to— (a) the likelihood of injury or illness to a person arising out of the risk; and
(b) the severity of the injury or illness.
30 How is an acceptable level of risk achieved
(1) To achieve an acceptable level of risk, this Act requires that management and operating systems must be put in place for each coal mine.
(2) This Act provides that the systems must incorporate risk management elements and practices appropriate for each coal mine to— (a) identify, analyse, and assess risk; and
(b) avoid or remove unacceptable risk; and
(c) monitor levels of risk and the adverse consequences of retained residual risk; and
(d) provide for critical controls; and
(e) investigate and analyse the causes of serious accidents and high potential incidents with a view to preventing their recurrence; and
(f) review the effectiveness of risk control measures, and take appropriate corrective and preventive action; and
(g) mitigate the potential adverse effects arising from residual risk.
(3) Also, the way an acceptable level of risk of injury or illness may be achieved may be prescribed under a regulation.
s 30 amd 2024 No. 34
s 6
31 What happens if the level of risk is unacceptable
(1) If there is an unacceptable level of risk to persons at a coal mine, this Act requires that— (a) persons be evacuated to a safe location; and
(b) action be taken to reduce the risk to an acceptable level.
(2) Action to reduce the risk to an acceptable level may include stopping the use of specified plant or substances.
(3) The action may be taken by the coal mine operator for the mine, the site senior executive for the mine, industry safety and health representatives, site safety and health representatives, coal mine workers, inspectors or inspection officers.
Division 2
Cooperation
32 Cooperation to achieve objects of Act
(1) This Act seeks to achieve cooperation between coal operators, site senior executives and coal workers to achieve the objects of the Act .
(2) Cooperation is an important strategy in achieving the objects of the Act and is achieved— (a) at an industry level by— (i) the establishment of the coal mining safety and health advisory committee under part 6 ; and
(ii) the appointment of industry safety and health representatives under part 8 ; and
(b) at coal mine level by— (i) the election of site safety and health representatives under part 7 ; and
(ii) the process of involving coal mine workers in the management of risk.
s 32 amd 2010 No. 17 s 17 sch
Part 3
Safety and health obligations
Division 1
Preliminary
33 Obligations for safety and health
(1) Coal mine workers or other persons at coal mines or persons who may affect safety and health at coal mines or as a result of coal mining operations, have obligations under division 2 (
safety and health obligations ).
(2) The following persons have obligations under division 3 (also
safety and health obligations )— (a) a holder;
(b) a coal mine operator;
(c) a site senior executive;
(d) a contractor;
(e) a designer, manufacturer, importer or supplier of plant for use at a coal mine;
(f) an erector or installer of plant at a coal mine;
(g) a designer, constructor or erector of earthworks at a coal mine;
(h) a manufacturer, importer or supplier of substances for use at a coal mine.
(3) If a corporation has an obligation under this Act, an officer of the corporation has obligations under division 3A (also
safety and health obligations ).
s 33 amd 2018 No. 28 s 5; 2024 No. 34 s 7
34 Discharge of obligations
A person on whom a safety and health obligation is imposed must discharge the obligation. Maximum penalty— (a) if the contravention caused multiple deaths— (i) for an offence committed by a corporation—30,000 penalty units; or
(ii) for an offence committed by an officer of a corporation—6,000 penalty units or 3 years imprisonment; or
(iii) otherwise—3,000 penalty units or 3 years imprisonment; or
(b) if the contravention caused death or grievous bodily harm— (i) for an offence committed by a corporation—15,000 penalty units; or
(ii) for an offence committed by an officer of a corporation—3,000 penalty units or 2 years imprisonment; or
(iii) otherwise—1,500 penalty units or 2 years imprisonment; or
(c) if the contravention caused bodily harm— (i) for an offence committed by a corporation—7,500 penalty units; or
(ii) for an offence committed by an officer of a corporation—1,500 penalty units or 1 year’s imprisonment; or
(iii) otherwise—750 penalty units or 1 year’s imprisonment; or
(d) if the contravention involved exposure to a substance that is likely to cause death or grievous bodily harm— (i) for an offence committed by a corporation—7,500 penalty units; or
(ii) for an offence committed by an officer of a corporation—1,500 penalty units or 1 year’s imprisonment; or
(iii) otherwise—750 penalty units or 1 year’s imprisonment; or
(e) otherwise— (i) for an offence committed by a corporation—5,000 penalty units; or
(ii) for an offence committed by an officer of a corporation—1,000 penalty units or 6 months imprisonment; or
(iii) otherwise—500 penalty units or 6 months imprisonment.
s 34 amd 2007 No. 46 s 6
sub 2018 No. 28 s 6
35 Person may owe obligations in more than 1 capacity
A person on whom a safety and health obligation is imposed may be subject to more than 1 safety and health obligation.
Example—
A person may be a coal mine operator, contractor and supplier of plant at the same time for a single coal mine and be subject to obligations in each of the capacities.
36 Person not relieved of obligations
To remove doubt, it is declared that nothing in this Act that imposes a safety and health obligation on a person relieves another person of the person’s safety and health obligations under this Act.
s 36 amd 2000 No. 46 s 3 sch
37 How obligation can be discharged if regulation or recognised standard made
(1) If a regulation prescribes a way of achieving an acceptable level of risk, a person may discharge the person’s safety and health obligation in relation to the risk only by following the prescribed way.
(2) If a regulation prohibits exposure to a risk, a person may discharge the person’s safety and health obligation in relation to the risk only by ensuring the prohibition is not contravened.
(3) Subject to subsections (1) and (2), if a recognised standard states a way or ways of achieving an acceptable level of risk, a person discharges the person’s safety and health obligation in relation to the risk only by— (a) adopting and following a stated way; or
(b) adopting and following another way that achieves a level of risk that is equal to or better than the acceptable level.
38 How obligations can be discharged if no regulation or recognised standard made
(1) This section applies if there is no regulation or recognised standard prescribing or stating a way to discharge the person’s safety and health obligation in relation to a risk.
(2) The person may choose an appropriate way to discharge the person’s safety and health obligation in relation to the risk.
(3) However, the person discharges the person’s safety and health obligation in relation to the risk only if the person takes reasonable precautions, and exercises proper diligence, to ensure the obligation is discharged.
Division 2
Generally applicable safety and health obligations of persons
39 Obligations of persons generally
(1) This section applies to each of the following persons who may affect the safety and health of others at a coal mine or as a result of coal mining operations at a coal mine—
(a) a coal mine worker at the coal mine;
(b) another person at the coal mine;
(c) an ROC worker for the coal mine;
(d) another person not located at the coal mine.
(2) The person has the following obligations— (a) to comply with this Act and procedures applying to the person that are part of the safety and health management system for the mine;
(b) if the person has information that other persons need to know to fulfil their obligations or duties under this Act, or to protect themselves from the risk of injury or illness—to give the information to the other persons;
(c) to take any other reasonable and necessary course of action to ensure no-one is exposed to an unacceptable level of risk.
s 39 sub 2024 No. 34
s 8
39A Additional obligations
(1) This section applies to each of the following persons—
(a) a coal mine worker at a coal mine;
(b) another person at a coal mine;
(c) an ROC worker for a coal mine.
(2) The person has the following additional obligations— (a) to work or carry out the person’s activities in a way that does not expose the person or someone else to an unacceptable level of risk;
(b) to ensure, to the extent of the responsibilities and duties allocated to the person, that the work and activities under the person’s control, supervision, or leadership is conducted in a way that does not expose the person or someone else to an unacceptable level of risk;
(c) to the extent of the person’s involvement—to participate in and conform to the risk management practices of the mine;
(d) to comply with instructions given for safety and health of persons by the coal mine operator or site senior executive for the mine or a supervisor at the mine;
(e) to work at or for the coal mine only if the person is in a fit condition to carry out the work without affecting the safety and health of others;
(f) not to do anything wilfully or recklessly that might adversely affect the safety and health of someone else at the mine.
s 39A ins 2024 No. 34
s 8
Division 3
Obligations of holders, coal mine operators, site senior executives and others
40 Obligations of holders
(1) This section applies if the holder for a coal mine proposes to appoint under section 53 another person as coal mine operator for the mine.
(2) The holder must— (a) inform the proposed coal mine operator, by notice, of all relevant information available to the holder that may help the proposed coal mine operator— (i) ensure the site senior executive for the coal mine develops and implements a safety and health management system for the mine; and
(ii) prepare and implement principal hazard management plans for the mine; and
(b) include in the contract appointing the coal mine operator an obligation on the operator— (i) to establish a safety and health management system for the mine; and
(ii) other than for exploration activities under an exploration permit or mineral development licence—to be a party to a mines rescue agreement.
s 40 amd 2018 No. 28 s 7
41 Obligations of coal mine operators
(1) A coal mine operator for a coal mine has the following obligations— (a) to ensure the risk to coal mine workers while at the operator’s mine is at an acceptable level, including, for example, by providing and maintaining a place of work and plant in a safe state;
(b) to ensure the operator’s own safety and health and the safety and health of others is not affected by the way the operator conducts coal mining operations;
(c) not to carry out an activity at the coal mine that creates a risk to a person on an adjacent or overlapping petroleum authority if the risk is higher than an acceptable level of risk;
(d) to appoint a site senior executive for the mine;
(e) to ensure the site senior executive, or acting site senior executive, for the coal mine is located at or near the coal mine when performing the duties of the site senior executive unless— (i) the duties require the site senior executive, or acting site senior executive, to be temporarily absent for not more than 14 days; or
(ii) the site senior executive, or acting site senior executive, is temporarily absent on leave for not more than 14 days;
(f) to ensure the site senior executive for the mine— (i) develops and implements a safety and health management system for the mine; and
(ii) develops, implements and maintains a management structure for the mine that helps ensure the safety and health of persons at the mine;
(g) to audit and review the effectiveness and implementation of the safety and health management system to ensure the risk to persons from coal mining operations is at an acceptable level;
(h) to provide adequate resources to ensure the effectiveness and implementation of the safety and health management system.
(2) Without limiting subsection (1), the coal mine operator has an obligation not to operate the coal mine without a safety and health management system for the mine.
(3) In this section—
adjacent or overlapping petroleum authority
means any of the following under an Act as follows if, under that Act, its area is adjacent to, or overlaps with, the land the subject of the mining tenure under which the coal mine is operated—
(a) a petroleum authority under the
Petroleum and Gas (Production and Safety) Act 2004 ;
(b) an authority to prospect, petroleum lease, or water monitoring authority, under the
Petroleum Act 1923 .
s 41 amd 2004 No. 25 s 942A (amd 2004 No. 26 s 255); 2014 No. 64 s 204; 2018 No. 24 s 4; 2024 No. 34 s 9
42 Obligations of site senior executive for coal mine
A site senior executive for a coal mine has the following obligations in relation to the safety and health of persons who may be affected by coal mining operations— (a) to ensure the risk to persons from coal mining operations is at an acceptable level;
(b) to ensure the risk to persons from any plant or substance provided by the site senior executive for the performance of work is at an acceptable level;
(c) to develop and implement a safety and health management system for all persons at the mine including contractors;
(d) to give a contractor for the mine information in the site senior executive’s possession about all relevant components of the mine’s safety and health management system, required by the contractor to— (i) identify risks arising in relation to any work to be performed, service to be provided, or work or service to be arranged, by the contractor; and
(ii) comply with section 43 (1)(d);
(e) to review safety and health management plans of contractors and, if necessary, require changes to be made to those plans to enable them to be integrated with the mine’s safety and health management system;
(f) to develop, implement and maintain a management structure for the mine that helps ensure the safety and health of persons at the mine;
(g) to ensure no work is undertaken by a coal mine worker at the mine, or an operational ROC worker for the mine, until the worker— (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be undertaken by the worker; and
(ii) has received training about hazards and risks at the mine to the extent they relate to the work to be undertaken by the worker; and
(iii) has received training so the worker is competent to perform the worker’s duties;
(h) to provide for— (i) adequate planning, organisation, leadership and control of coal mining operations; and
(ii) the carrying out of critical work at the mine that requires particular technical competencies; and
(iii) adequate supervision and control of coal mining operations on each shift at the mine; and
(iv) regular monitoring and assessment of the working environment, work procedures, equipment, and installations at the mine; and
(v) appropriate inspection of each workplace at the mine including, where necessary, pre-shift inspections; and
(vi) the development of a schedule of when inspections, including regular periodic inspections, must be carried out; and
(vii) adequate supervision and monitoring of contractors at the mine.
s 42 amd 2011 No. 2 s 7; 2018 No. 28 s 8; 2024 No. 34 s 10
43 Obligations of contractors
(1) A contractor for a coal mine has the following obligations— (a) to ensure the contractor complies with this Act to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor;
(b) to ensure the contractor complies with the mine’s safety and health management system to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor;
(c) to ensure the contractor’s own safety and health, and the safety and health of others, is not adversely affected by the way the contractor performs work, provides a service, or arranges work or a service, at the mine;
(d) to ensure no work is performed, service provided, or work or service arranged, by the contractor until the contractor— (i) has given the site senior executive for the mine a safety and health management plan; and
(ii) has made all changes to the contractor’s safety and health management plan required by the site senior executive to enable the plan to be integrated with the mine’s safety and health management system;
(e) if the contractor is physically present at the mine—to ensure no work at the mine is performed by the contractor until the contractor— (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed by the contractor; and
(ii) has received training about hazards and risks at the mine to the extent they relate to the work to be performed by the contractor;
(f) to ensure no work at the mine is performed by a coal mine worker engaged by the contractor, or a coal mine worker arranged by the contractor to perform work or provide a service, until the worker— (i) has been inducted in the mine’s safety and health management system to the extent it relates to the work to be performed, or service to be provided, by the worker; and
(ii) has received training about hazards and risks at the mine to the extent they relate to the work to be performed, or service to be provided, by the worker;
(g) to ensure the fitness for use of plant at the mine is not adversely affected by the work performed or service provided by the contractor.
(2) In this section—
safety and health management plan , of a contractor, means a plan that—
(a) identifies the work to be undertaken, service to be provided, or work or service to be arranged, by the contractor; and
(b) states how the contractor intends to comply with the contractor’s obligations under this section.
s 43 sub 2018 No. 28 s 9
amd 2024 No. 34 s 11
44 Obligations of designers, manufacturers, importers and suppliers of plant etc. for use at coal mines
(1) A designer or importer of plant for use at a coal mine has an obligation to ensure the plant is designed so that, when used properly, the risk to persons from the use of the plant is at an acceptable level.
(2) A manufacturer or importer of plant for use at a coal mine has an obligation to ensure the plant is constructed so that, when used properly, the risk to persons from the use of the plant is at an acceptable level.
(3) A designer, manufacturer or importer of plant for use at a coal mine has an obligation to ensure the plant undergoes appropriate levels of testing and examination to ensure compliance with the obligation imposed by subsection (1) or (2).
(4) Also, a designer, manufacturer, importer or supplier of plant for use at a coal mine has the following obligations— (a) to take all reasonable steps to ensure appropriate information about the safe use of the plant is available, including information about the maintenance necessary for the safe use of the plant;
(b) if the designer, manufacturer, importer or supplier becomes aware of a hazard or defect associated with the plant that may create an unacceptable level of risk to users of the plant, to inform the chief inspector of— (i) the nature of the hazard or defect and its significance; and
(ii) any modifications or controls of which the designer, manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and
(iii) the name of each coal mine operator or contractor to whom the designer, manufacturer, importer or supplier has supplied the plant; and
(iv) the steps taken to notify the coal mine operators and contractors about the matters mentioned in subparagraphs (i) and (ii);
(c) to take the action the chief inspector reasonably requires to prevent the use of unsafe plant anywhere.
Example of subsection (4)(c)—
The chief inspector may require a designer, manufacturer, importer or supplier of plant to recall the plant to prevent its use.
(5) For subsection (4)(a), information is appropriate if the information states— (a) the use for which the plant has been designed and tested; and
(b) any conditions that must be followed if the plant is to be used safely so that risk to persons is at an acceptable level.
(6) If a supplier of plant becomes aware of a hazard or defect associated with the plant the supplier has supplied to a coal mine operator for a coal mine or to a contractor for use at a coal mine, that may create an unacceptable level of risk to users of the plant, the supplier has an obligation to take all reasonable steps to inform the coal mine operator or contractor— (a) of the nature of the hazard or defect and its significance; and
(b) any modifications or controls the supplier is aware of that have been developed to eliminate or correct the hazard or defect or manage the risk.
s 44 amd 2018 No. 28 s 10; 2024 No. 34 s 12
45 Obligations of erectors and installers of plant
An erector or installer of plant at a coal mine has an obligation— (a) to erect or install the plant in a way that is safe and does not expose persons at the mine to an unacceptable level of risk; and
(b) to ensure nothing about the way the plant was erected or installed makes it unsafe or likely to expose persons at the mine to an unacceptable level of risk when used properly.
45A Obligations of designers, constructors and erectors of earthworks
(1) A designer of earthworks at a coal mine has an obligation to ensure the earthworks are designed so that, when used properly, the risk to persons from the use of the earthworks is at an acceptable level.
Examples of earthworks—
tailings dam, berm
(2) A constructor or erector of earthworks at a coal mine has an obligation— (a) to construct or erect the earthworks in a way that is safe and does not expose persons to an unacceptable level of risk; and
(b) to ensure nothing about the way the earthworks are constructed or erected makes the earthworks unsafe or likely to expose persons to an unacceptable level of risk when used properly.
s 45A ins 2011 No. 2 s 8
46 Obligations of manufacturers, importers and suppliers of substances for use at coal mines
(1) A manufacturer or importer of a substance for use at a coal mine has the following obligations— (a) to ensure the substance is safe so that, when used properly, the risk to persons from the use of the substance is at an acceptable level;
(b) to ensure the substance undergoes appropriate levels of testing and examination to ensure compliance with the obligation imposed by paragraph (a).
(2) Also, a manufacturer, importer or supplier of a substance for use at a coal mine has the following obligations— (a) to ensure appropriate information about the safe use, storage and disposal of the substance is provided with the substance;
(b) if the manufacturer, importer or supplier becomes aware of a hazard or defect associated with the substance that may create an unacceptable level of risk to users of the substance, to inform the chief inspector of— (i) the nature of the hazard or defect and its significance; and
(ii) any modifications or controls of which the manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and
(iii) the name of each coal mine operator or contractor to whom the manufacturer, importer or supplier has supplied the substance; and
(iv) the steps taken to notify the coal mine operators and contractors about the matters mentioned in subparagraphs (i) and (ii);
(c) to take the action the chief inspector reasonably requires to prevent the use of an unsafe substance at a coal mine.
Example of subsection (2)(c)—
The chief inspector may require a manufacturer, importer or supplier of a substance to recall the substance to prevent its use.
(3) For subsection (2)(a), information is
appropriate
if the information clearly identifies the substance and states— (a) the precautions, if any, to be taken for the safe use, storage or disposal of the substance; and
(b) the risks, if any, associated with the use, storage or disposal of the substance.
(4) If a supplier of a substance for use at a coal mine becomes aware of a hazard or defect associated with the substance that may create an unacceptable level of risk to users of the substance, the supplier has an obligation to take all reasonable steps to inform each coal mine operator or contractor to whom the supplier has supplied the substance of— (a) the nature of the hazard or defect and its significance; and
(b) any modifications or controls the supplier is aware of that have been developed to eliminate or correct the hazard or defect or manage the risk.
s 46 amd 2018 No. 28
s 11 ; 2024 No. 34 s 13
47 [Repealed]
s 47 sub 2018 No. 28 s 12
om 2024 No. 34 s 14
Division 3A
Obligations of officers of corporations
pt 3 div 3A hdg ins 2018 No. 28 s 13
47A Obligation of officers of corporations
(1) If a corporation has an obligation under this Act, an officer of the corporation must exercise due diligence to ensure the corporation complies with the obligation.
(2) An officer of a corporation may be convicted or found guilty of an offence under this Act relating to an obligation of the officer whether or not the corporation has been convicted or found guilty of an offence under this Act relating to an obligation of the corporation.
(3) In this section,
due diligence
includes taking reasonable steps— (a) to acquire and keep up-to-date knowledge of mine safety and health matters; and
(b) to gain an understanding of the nature of coal mining operations at a coal mine and generally of the hazards, risks and critical controls associated with those operations; and
(c) to ensure the corporation has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to safety and health from work carried out as part of coal mining operations; and
(d) to ensure the corporation has appropriate processes for receiving and considering information regarding incidents, hazards, risks and critical controls and responding in a timely way to that information; and
(e) to ensure the corporation has, and implements, processes for complying with any obligation of the corporation under this Act; and
(f) to verify the provision and use of the resources and processes mentioned in paragraphs (c) to (e).
Example for paragraph (f)—
If the corporation is a coal mine operator, verifying the provision and use of the resources and processes to ensure the operator complies with the requirement under section 41 (1)(g) (including, for example, having regard to each report given by the operator in relation to an audit of the effectiveness and implementation of the mine’s safety and health management system).
(4) In this section—
officer , of a corporation, does not include a person appointed as, or whose position reports directly or indirectly to, the site senior executive for a coal mine.
s 47A ins 2018 No. 28 s 13
amd 2024 No. 34
s 15
Division 4
Defences
48 Defences for div 2 , 3 or 3A
(1) It is a defence in a proceeding against a person for a contravention of an obligation imposed on the person under division 2 , 3 or 3A in relation to a risk for the person to prove— (a) if a regulation has been made about the way to achieve an acceptable level of risk—the person followed the way prescribed in the regulation to prevent the contravention; or
(b) subject to paragraph (a), if a recognised standard has been made stating a way or ways to achieve an acceptable level of a risk— (i) that the person adopted and followed a stated way to prevent the contravention; or
(ii) that the person adopted and followed another way that achieved a level of risk that is equal to or better than the acceptable level to prevent the contravention; or
(c) if no regulation or recognised standard prescribes or states a way to discharge the person’s safety and health obligation in relation to the risk—that the person took reasonable precautions and exercised proper diligence to prevent the contravention.
(2) Also, it is a defence in a proceeding against a person for an offence against section 34 for the person to prove that the commission of the offence was due to causes over which the person had no control.
(3) The
Criminal Code , sections 23 and 24 , do not apply in relation to a contravention of section 34 .
(4) In this section, a reference to a recognised standard is a reference to the recognised standard in force at the time of the contravention.
s 48 amd 2018 No. 28
s 14
Part 3A
Industrial manslaughter
pt 3A hdg ins 2020 No. 14 s 11
48A Definitions for part
(1) In this part—
conduct
means an act or omission to perform an act.
employer , for a coal mine, means—
(a) a person who employs or otherwise engages a coal mine worker for the coal mine; or
(b) a person who arranges for a coal mine worker to work for the coal mine, including for example, a labour hire agency; or
(c) the coal mine operator for the coal mine; or
(d) the holder for the coal mine.
s 48A(1) def
employer sub 2024 No. 34 s 16
executive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.
senior officer , of an employer for a coal mine, means—
(a) if the employer is a corporation—an executive officer of the corporation; or
(b) otherwise—the holder of an executive position (however described) in relation to the employer who makes, or takes part in making, decisions affecting all, or a substantial part, of the employer’s functions.
(2) For this part, a person’s conduct
causes
death if it substantially contributes to the death.
s 48A ins 2020 No. 14 s 11
48B Exception for the Criminal Code , s 23
The
Criminal Code , section 23 does not apply in relation to an offence against this part.
s 48B ins 2020 No. 14 s 11
48C Industrial manslaughter—employer
(1) An employer for a coal mine commits an offence if— (a) a coal mine worker— (i) dies in the course of carrying out work at the coal mine; or
(ii) is injured in the course of carrying out work at the coal mine and later dies; and
(b) the employer’s conduct causes the death of the coal mine worker; and
(c) the employer is negligent about causing the death of the coal mine worker by the conduct.
Maximum penalty— (a) for an individual—20 years imprisonment; or
(b) for a body corporate—100,000 penalty units.
Note—
See section 261 in relation to imputing to a body corporate particular conduct of officers, employees or agents of the body corporate.
(2) An offence against subsection (1) is a crime.
s 48C ins 2020 No. 14 s 11
48D Industrial manslaughter—senior officer
(1) A senior officer of an employer for a coal mine commits an offence if— (a) a coal mine worker— (i) dies in the course of carrying out work at the coal mine; or
(ii) is injured in the course of carrying out work at the coal mine and later dies; and
(b) the senior officer’s conduct causes the death of the coal mine worker; and
(c) the senior officer is negligent about causing the death of the coal mine worker by the conduct.
Maximum penalty—20 years imprisonment.
(2) An offence against subsection (1) is a crime.
s 48D ins 2020 No. 14 s 11
Part 4
Provisions about the operation of coal mines
Division 1
Notices about coal mines
49 Notices by holder
(1) Before coal mining operations start at a coal mine or a separate part of a surface mine, the holder for the mine must give the inspector for the region in which the mine is situated notice of— (a) the name and address of the coal mine operator for the mine or part; and
(b) the name of, and a description of the land (including its boundary) comprising, the mine or part; and
(c) the date on which operations are to start at the mine or part.
Maximum penalty—40 penalty units.
(2) Subsection (1)(b) and (c) do not apply to exploration activities under an exploration permit or mineral development licence.
(3) The holder must not change the following for a coal mine without first giving the inspector for the region in which the mine is situated notice— (a) the coal mine operator;
(b) the name of the mine.
Maximum penalty for subsection (3)—40 penalty units.
s 49 amd 2002 No. 25 s 6; 2024 No. 34 s 17
50 Notices by coal mine operator
(1) Before coal mining operations start at a coal mine, the coal mine operator must give the inspector for the region in which the coal mine is situated notice of the name and address of the site senior executive for the mine. Maximum penalty—40 penalty units.
(2) Also, the coal mine operator must, within 7 days after the appointment, give the inspector for the region notice of the following appointments including the name and address of the person appointed— (a) the appointment of a new site senior executive;
(b) an appointment under section 57 .
Maximum penalty—40 penalty units.
(3) When land is added to or omitted from a coal mine, the coal mine operator must, within 1 month after the addition or omission, give to the inspector for the region in which the mine is situated written particulars of the land (including its boundary) added or omitted. Maximum penalty—40 penalty units.
(4) If coal mining operations permanently stop at the coal mine, the coal mine operator must, within 28 days after the operations permanently stop, give the inspector for the region in which the coal mine is situated notice of the date on which the operations permanently stopped. Maximum penalty—100 penalty units.
s 50 amd 2002 No. 25 s 7; 2024 No. 34 s 18
51 Notice of management structure
Before coal mining operations start at a coal mine, the site senior executive must give a copy of the management structure the site senior executive must document under section 55 to the inspector for the region in which the mine is situated. Maximum penalty—40 penalty units.
52 Notice about exploration activities
If exploration activities are to be carried out on land under an exploration permit or mineral development licence, the coal mine operator must give the inspector for the region in which the land subject to the exploration permit or mineral development licence is situated notice of the nature of the intended activity and the planned start date and duration of the activity. Maximum penalty—40 penalty units.
52A Notice about underground gasification activities
(1) This section applies if the site senior executive for a coal mine gives the chief inspector notice that particular exploration activities at the coal mine under an exploration permit are underground gasification activities.
(2) The chief inspector may by notice declare the activities to be underground gasification activities, with the agreement of the chief inspector, petroleum and gas.
(3) The chief inspector must give the site senior executive a copy of the notice.
(4) In this section—
chief inspector, petroleum and gas
means the chief inspector under the
Petroleum and Gas (Production and Safety) Act 2004 .
s 52A ins 2008 No. 33 s 41
Division 2
Management of coal mines
Subdivision 1
General
pt 4 div 2 sdiv 1 hdg ins 2024 No. 34
s 19
53 Appointment of coal mine operator
(1) The holder for a coal mine may, by written contract, appoint a person as the coal mine operator for the mine or, if the mine is or includes a separate part of a surface mine, the separate part.
(2) An appointment of a person as coal mine operator for a part of a coal mine that is not a separate part of a surface mine is ineffective.
s 53 amd 2022 No. 29 s 31 sch 1
54 Limitations on appointment of site senior executive
(1) A coal mine operator for a coal mine or for a separate part of a surface mine must not appoint more than 1 site senior executive for the mine or for the part for which the person is coal mine operator. Maximum penalty—500 penalty units.
(2) A coal mine operator must not appoint a person to be site senior executive for more than 1 coal mine. Maximum penalty—500 penalty units.
(3) However, a person may be appointed to be site senior executive for more than 1 coal mine if— (a) the mines are part of a mining project; or
(b) the mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease; or
(c) the mines are adjacent and on-site activities for winning coal are carried on at only 1 of the mines; or
(d) the mines comprise mines forming part of a mining project and adjacent mines, and the adjacent mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease.
(4) A coal mine operator must not appoint a person to be site senior executive for a coal mine unless the person holds—
(a) for an underground mine— (i) a site senior executive notice; and
(ii) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i); or
(b) for all or part of a surface mine— (i) a site senior executive notice; and
(ii) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i).
Maximum penalty—500 penalty units.
(5) Also, a coal mine operator must not appoint a person to be site senior executive for a coal mine or a separate part of a surface mine unless the person is an employee of— (a) the coal mine operator; or
(b) an associated entity of the coal mine operator; or
(c) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.
Maximum penalty—500 penalty units.
(6) However, subsection (5) does not apply if the only coal mining operations at the coal mine or the separate part of the surface mine are exploration activities under an exploration permit, mineral development licence or mining lease.
(7) In this section—
appoint
includes employ and purport to appoint.
s 54 amd 2002 No. 25 s 8; 2018 No. 28
s 15 ; 2020 No. 14 s 4; 2022 No. 29 s 4; 2024 No. 34
s 20
55 Management structure for safe operations at coal mines
(1) The site senior executive for a coal mine must— (a) develop and maintain a management structure for the coal mine in a way that allows development and implementation of the safety and health management system; and
(b) document the management structure.
Maximum penalty—40 penalty units.
(2) The document must state— (a) the responsibilities of the site senior executive; and
(b) the responsibilities and competencies required for senior positions in the structure; and
(c) the names of the persons holding the senior positions and their competencies; and
(d) the name of the person who is responsible for establishing and implementing a system for managing contractors at the coal mine; and
(e) the competencies required, and the responsibilities, for each other supervisory position at the mine.
Maximum penalty—40 penalty units.
(3) For subsection (2)(b), an inspector may by notice given to the site senior executive declare a position to be a senior position.
(4) For each supervisory position mentioned in subsection (2)(e), the site senior executive must also keep a record of the names and competencies of each person authorised to carry out the responsibilities of the position.
s 55 amd 2002 No. 25 s 9; 2018 No. 28
s 16 ; 2024 No. 34
s 21
56 Appointment of supervisors
(1) A site senior executive for a coal mine must appoint 1 or more persons to be a supervisor at the mine.
(2) The site senior executive must not appoint a person under subsection (1) unless the person— (a) is competent to be a supervisor; and
(b) if there is a safety and health competency for supervisors recognised by the committee—has the relevant competency.
Maximum penalty—100 penalty units.
s 56 amd 2010 No. 17 s 17 sch
sub 2024 No. 34 s 22
57 Acting site senior executive
(1) This section applies if the person appointed as site senior executive for a coal mine or a separate part of a surface mine (the
appointed SSE )— (a) vacates office; or
(b) is temporarily absent from duty for more than 14 days.
(2) If subsection (1)(a) applies, the coal mine operator for the coal mine or the separate part of the surface mine may appoint a person to act as site senior executive during the vacancy.
(3) If subsection (1)(b) applies, the coal mine operator for the coal mine or the separate part of the surface mine must appoint a person to act as site senior executive during the absence. Maximum penalty—100 penalty units.
(4) A coal mine operator must not appoint a person to act as site senior executive for a coal mine or a separate part of a surface mine under subsection (2) or (3) unless the person holds—
(a) a site senior executive notice; and
(b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).
Maximum penalty—500 penalty units.
(5) The coal mine operator must make an appointment under subsection (2) or (3)— (a) in writing; and
(b) as soon as practicable and no later than 14 days after the day the appointed SSE vacates office or is first absent from duty.
Maximum penalty—100 penalty units.
(6) The coal mine operator must ensure a person appointed under subsection (2) or (3) acts as the site senior executive for a period of not more than 12 weeks starting on the day the appointed SSE— (a) vacated office; or
(b) was first temporarily absent from duty.
Maximum penalty—500 penalty units.
(7) However, subsection (6) does not apply if the person appointed under subsection (2) or (3) is an employee of— (a) the coal mine operator; or
(b) an associated entity of the coal mine operator; or
(c) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.
(8) Also, subsection (6) does not apply if the only coal mining activities at the coal mine or the separate part of the surface mine for which the person is appointed are exploration activities under an exploration permit, mineral development licence or mining lease.
(9) The person acting as site senior executive is subject to all of the obligations of a site senior executive.
(10) The coal mine operator is taken to discharge the obligation mentioned in section 41 (1)(d) for the period of an appointment under subsection (2).
s 57 amd 2020 No. 14 s 5
sub 2022 No. 29
s 5
amd 2024 No. 34
s 23
58 Other appointments during absences
(1) This section applies if a person— (a) is mentioned in the management structure for a coal mine documented under section 55 ; and
(b) actively supervises coal mine workers where there is a risk to the workers; and
(c) is temporarily absent from duty.
(2) The site senior executive for the coal mine must appoint another competent person to perform the person’s duties while the person is absent. Maximum penalty—40 penalty units.
(3) This section does not apply if the person is— (a) the site senior executive for a coal mine or a separate part of a surface mine; or
(b) an open-cut examiner appointed under section 59 (1); or
(c) any other person appointed under subdivision 2 ; or
(d) a person appointed under section 60 (2), (4), (8), (9), (10) or (11); or
(e) a ventilation officer appointed under section 61 .
s 58 amd 2022 No. 29
s 6 ; 2024 No. 34
s 24
Subdivision 2
Surface mines
pt 4 div 2 sdiv 2 hdg ins 2024 No. 34
s 25
58A Additional requirements for management of surface mines
(1) This section applies to a surface mine or a separate part of a surface mine (each
the mine ).
(2) However, this section does not apply to the mine if the only activities at the mine are— (a) exploration activities under an exploration permit, mineral development licence or mining lease; or
(b) rehabilitation after coal mining operations.
(3) The site senior executive must appoint a person to be surface mine manager for the mine to control and manage the mine. Maximum penalty—400 penalty units.
(4) Despite subsection (3), the site senior executive may be appointed surface mine manager for the mine but only by the coal mine operator for the mine.
(5) The site senior executive or coal mine operator must not appoint a person as surface mine manager for the mine unless the person holds both of the following board qualifications— (a) a surface mine manager’s certificate of competency;
(b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).
Maximum penalty—400 penalty units.
(6) The site senior executive or coal mine operator may appoint a person as surface mine manager for more than 1 mine at the same time only with the written approval of the chief inspector. Maximum penalty—200 penalty units.
(7) The site senior executive or coal mine operator may appoint more than 1 person as the surface mine manager for the mine to assume the duties of the manager at different times.
(8) A person must not give a direction to the surface mine manager for the mine about a technical matter in relation to the mine unless the person holds both of the following board qualifications— (a) a surface mine manager’s certificate of competency;
(b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).
Maximum penalty—200 penalty units.
(9) A person must not give a direction to the surface mine manager for the mine that may adversely affect safety and health at the mine. Maximum penalty—200 penalty units.
(10) The surface mine manager for the mine must appoint a person, holding both of the following board qualifications, as electrical engineering manager to control and manage the electrical engineering activities of the mine— (a) an electrical engineering manager’s certificate of competency for a surface mine;
(b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).
Maximum penalty—200 penalty units.
(11) The surface mine manager for the mine must appoint a person, holding both of the following board qualifications, as mechanical engineering manager to control and manage the mechanical engineering activities of the mine— (a) a mechanical engineering manager’s certificate of competency for a surface mine;
(b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).
Maximum penalty—200 penalty units.
(12) The surface mine manager for the mine may appoint more than 1 person as the electrical engineering manager under subsection (10), or the mechanical engineering manager under subsection (11), to assume the duties of the manager at different times.
(13) The coal mine operator for the mine must ensure that a site senior executive required to appoint a person under subsection (3), or a surface mine manager required to appoint a person under subsection (10) or (11), appoints a person under the subsection only if the person is an employee of— (a) for an appointment under subsection (3)— (i) the coal mine operator; or
(ii) an associated entity of the coal mine operator; or
(iii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or
(b) for an appointment under subsection (10) or (11)— (i) the coal mine operator; or
(ii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.
Maximum penalty—500 penalty units.
s 58A ins 2024 No. 34
s 25
58B Acting managers of surface mines
(1) This section applies if—
(a) a person (the
appointer ) has appointed another person (the
appointee ) under section 58A (3), (10) or (11); and
(b) the appointee— (i) vacates office; or
(ii) is temporarily absent from duty.
(2) If subsection (1)(b)(i) applies, the appointer may appoint a person to act in the office of the appointee during the vacancy.
(3) If subsection (1)(b)(ii) applies, the appointer must appoint a person to act in the office of the appointee during the absence. Maximum penalty—40 penalty units.
(4) The coal mine operator for the mine must ensure a person appointed under subsection (2) or (3) acts in the office of the appointee for a period of not more than 12 weeks starting on the day the appointee— (a) vacated office; or
(b) was first temporarily absent from duty.
Maximum penalty—500 penalty units.
(5) However, subsection (4) does not apply if the person appointed under subsection (2) or (3) is an employee of— (a) for an appointment to act in an office under section 58A (3)— (i) the coal mine operator for the mine; or
(ii) an associated entity of the coal mine operator; or
(iii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or
(b) for an appointment to act in an office under section 58A (10) or (11)— (i) the coal mine operator for the mine; or
(ii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.
(6) The coal mine operator for the mine must ensure a person appointed under subsection (2) or (3) meets the competency requirement for the appointment. Maximum penalty— (a) for an appointment to act in an office under section 58A (3)—400 penalty units; or
(b) for an appointment to act in an office under section 58A (10) or (11)—200 penalty units.
(7) The appointer is taken to comply with the requirement to appoint a person to the office under section 58A (3), (10) or (11) for the period of an appointment under subsection (2) or (3).
(8) In this section—
competency requirement , for an appointment under subsection (2) or (3), means—
(a) for an appointment to act in an office under section 58A (3)—holding both of the board qualifications mentioned in section 58A (5); or
(b) for an appointment to act in an office under section 58A (10)—holding both of the board qualifications mentioned in section 58A (10); or
(c) for an appointment to act in an office under section 58A (11)—holding both of the board qualifications mentioned in section 58A (11).
s 58B ins 2024 No. 34
s 25
59 Appointment of open-cut examiner
(1) The site senior executive for a surface mine or a separate part of a surface mine must appoint a person holding both of the following board qualifications to be open-cut examiner for each surface mine excavation carried out at the mine or part of the mine— (a) an open-cut examiner’s certificate of competency;
(b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).
Maximum penalty—200 penalty units.
(2) The coal mine operator for the surface mine or the separate part of the surface mine must ensure a person appointed by the site senior executive under subsection (1) is an employee of— (a) the coal mine operator; or
(b) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.
Maximum penalty—500 penalty units.
s 59 amd 2020 No. 14
s 6
sub 2022 No. 29
s 7
amd 2024 No. 34 s 26(1)
59A
Acting open-cut examiner
(1) This section applies if an open-cut examiner appointed under section 59 (1)— (a) vacates office; or
(b) is temporarily absent from duty.
(2) If subsection (1)(a) applies, the site senior executive for the surface mine or the separate part of the surface mine may appoint a person to act as open-cut examiner for the surface mine excavations mentioned in section 59 (1) during the vacancy.
(3) If subsection (1)(b) applies, the site senior executive for the surface mine or the separate part of the surface mine must appoint a person to act as open-cut examiner for the surface mine excavations mentioned in section 59 (1) during the absence. Maximum penalty—40 penalty units.
(4) The coal mine operator for the surface mine or the separate part of the surface mine must ensure a person appointed by the site senior executive under subsection (2) or (3) acts as open-cut examiner for a period of not more than 12 weeks starting on the day the open-cut examiner appointed under section 59 (1)— (a) vacated office; or
(b) was first temporarily absent from duty.
Maximum penalty—500 penalty units.
(5) However, subsection (4) does not apply if the person appointed under subsection (2) or (3) is an employee of— (a) the coal mine operator; or
(b) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.
(6) The coal mine operator for the surface mine or the separate part of the surface mine must ensure a person appointed under subsection (2) or (3) holds both of the following board qualifications— (a) an open-cut examiner’s certificate of competency;
(b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).
Maximum penalty—200 penalty units.
(7) The site senior executive is taken to comply with section 59 (1) for the period of an appointment under subsection (2).
s 59A ins 2022 No. 29
s 7
amd 2024 No. 34 s 27(2)–(3)
Subdivision 3
Underground mines
pt 4 div 2 sdiv 3 hdg ins 2024 No. 34 s 28
60 Additional requirements for management of underground mines
(1) This section applies to an underground mine.
(2) The site senior executive must appoint a person to be underground mine manager to control and manage the mine. Maximum penalty—400 penalty units.
(3) However, the site senior executive may be appointed underground mine manager by the coal mine operator for the mine.
(4) The site senior executive must appoint an alternate underground mine manager if the mine is to be managed in accordance with a commute system. Maximum penalty—400 penalty units.
(5) The coal mine operator or site senior executive must not appoint a person as an underground mine manager unless the person has both of the following board qualifications— (a) a first class certificate of competency for an underground mine;
(b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).
Maximum penalty—400 penalty units.
(6) A person must not give a direction to the underground mine manager about a technical matter in relation to the underground mine unless the person giving the direction is the holder of a first class certificate of competency for an underground coal mine. Maximum penalty—200 penalty units.
(7) A person must not give a direction to the underground mine manager that may adversely affect safety and health at the underground mine. Maximum penalty—200 penalty units.
(8) The underground mine manager must appoint a person holding both of the following board qualifications to be responsible for the control and management of underground activities when the manager is not in attendance at the mine— (a) a first or second class certificate of competency or a deputy’s certificate of competency for an underground mine;
(b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).
Maximum penalty—200 penalty units.
(9) The underground mine manager must appoint a person holding both of the following board qualifications to have control of activities in 1 or more explosion risk zones— (a) a first or second class certificate of competency or a deputy’s certificate of competency for an underground mine;
(b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).
Maximum penalty—200 penalty units.
(10) The underground mine manager must appoint a person, holding both of the following board qualifications, as electrical engineering manager to control and manage the electrical engineering activities of the mine— (a) an electrical engineering manager’s certificate of competency for an underground mine;
(b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).
Maximum penalty—200 penalty units.
(11) The underground mine manager must appoint a person, holding both of the following board qualifications, as mechanical engineering manager to control and manage the mechanical engineering activities of the mine— (a) a mechanical engineering manager’s certificate of competency for an underground mine;
(b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).
Maximum penalty—200 penalty units.
(12) The underground mine manager may appoint more than 1 person as the electrical engineering manager under subsection (10), or the mechanical engineering manager under subsection (11), to assume the duties of the manager at different times.
(13) A coal mine operator or site senior executive may appoint a person as underground mine manager for more than 1 mine at the same time only with the written approval of the chief inspector. Maximum penalty—200 penalty units.
(14) The coal mine operator for the underground mine must ensure that a site senior executive required to appoint a person under subsection (2) or (4), or an underground mine manager required to appoint a person under subsection (8), (9), (10) or (11), appoints a person under the subsection only if the person is an employee of— (a) for an appointment under subsection (2), (4) or (8)— (i) the coal mine operator; or
(ii) an associated entity of the coal mine operator; or
(iii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or
(b) for an appointment under subsection (9), (10) or (11)— (i) the coal mine operator; or
(ii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.
Maximum penalty—500 penalty units.
s 60 amd 2020 No. 14 s 7; 2022 No. 29
s 8 ; 2024 No. 34
s 29 (1)–(2), (4)–(5)
60A Acting managers of underground mines
(1) This section applies if—
(a) a person (the
appointer ) has appointed another person (the
appointee ) under section 60 (2), (4), (8), (9), (10) or (11); and
(b) the appointee— (i) vacates office; or
(ii) is temporarily absent from duty.
(2) If subsection (1)(b)(i) applies, the appointer may appoint a person to act in the office of the appointee during the vacancy.
(3) If subsection (1)(b)(ii) applies, the appointer must appoint a person to act in the office of the appointee during the absence. Maximum penalty—40 penalty units.
(4) The coal mine operator for the underground mine must ensure a person appointed under subsection (2) or (3) acts in the office of the appointee for a period of not more than 12 weeks starting on the day the appointee— (a) vacated office; or
(b) was first temporarily absent from duty.
Maximum penalty—500 penalty units.
(5) However, subsection (4) does not apply if the person appointed under subsection (2) or (3) is an employee of— (a) for an appointment to act in an office under section 60 (2), (4) or (8)— (i) the coal mine operator for the mine; or
(ii) an associated entity of the coal mine operator; or
(iii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or
(b) for an appointment to act in an office under section 60 (9), (10) or (11)— (i) the coal mine operator for the mine; or
(ii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.
(6) The coal mine operator for the underground mine must ensure a person appointed under subsection (2) or (3) meets the competency requirement for the appointment. Maximum penalty— (a) for an appointment to act in an office under section 60 (2) or (4)—400 penalty units; or
(b) for an appointment to act in an office under section 60 (8), (9), (10) or (11)—200 penalty units.
(7) The appointer is taken to comply with the requirement to appoint a person to the office under section 60 (2), (4), (8), (9), (10) or (11) for the period of an appointment under subsection (2).
(8) In this section—
competency requirement , for an appointment under subsection (2) or (3), means—
(a) for an appointment to act in an office under section 60 (2) or (4)—holding both of the board qualifications mentioned in section 60 (5); or
(b) for an appointment to act in an office under section 60 (8)—holding both of the board qualifications mentioned in section 60 (8); or
(c) for an appointment to act in an office under section 60 (9)—holding both of the board qualifications mentioned in section 60 (9); or
(d) for an appointment to act in an office under section 60 (10)—holding both of the board qualifications mentioned in section 60 (10); or
(e) for an appointment to act in an office under section 60 (11)—holding both of the board qualifications mentioned in section 60 (11).
s 60A ins 2022 No. 29
s 9
amd 2024 No. 34 s 30
61 Appointment of ventilation officer
(1) This section applies to an underground mine.
(2) The underground mine manager for the mine must appoint another person as the ventilation officer for the mine. Maximum penalty—200 penalty units.
(3) However, the underground mine manager must not appoint a person under subsection (2) unless the person holds both of the following board qualifications— (a) a ventilation officer’s certificate of competency;
(b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).
Maximum penalty—200 penalty units.
(4) Also, the coal mine operator for the underground mine must ensure that the underground mine manager appoints a person under subsection (2) only if the person is an employee of— (a) the coal mine operator; or
(b) an associated entity of the coal mine operator; or
(c) an entity that employs or otherwise engages 80% or more of the coal mine workers at the mine.
Maximum penalty—500 penalty units.
(5) Subject to the direction and control of the underground mine manager, the ventilation officer for the mine is responsible for— (a) the implementation of the mine’s ventilation system; and
(b) the establishment of effective standards of ventilation for the mine.
(6) The underground mine manager must not appoint a person as ventilation officer at more than 1 mine at the same time unless the chief inspector gives the manager notice that the chief inspector is satisfied the person can effectively carry out the duties of the ventilation officer at the mines. Maximum penalty—200 penalty units.
(7) The underground mine manager may appoint more than 1 person as the ventilation officer under this section to assume the duties of the officer at different times.
s 61 amd 2002 No. 25 s 10; 2010 No. 17 s 17 sch; 2011 No. 2 s 9
sub 2018 No. 28 s 17
amd 2020 No. 14 s 8; 2022 No. 29
s 10 ; 2024 No. 34
s 31
61A
Acting ventilation officer
(1) This section applies if— (a) a ventilation officer appointed under section 61 for an underground mine— (i) vacates office; or
(ii) is temporarily absent from duty; and
(b) there is no other person appointed under that section who can assume the ventilation officer’s duties during the vacancy or absence.
(2) If subsection (1)(a)(i) applies, the underground mine manager may appoint a person to act during the vacancy.
(3) If subsection (1)(a)(ii) applies, the underground mine manager may assume the duties of the ventilation officer during the absence if— (a) the absence is for not longer than 7 days; and
(b) the manager holds a ventilation officer’s certificate of competency.
(4) If subsection (1)(a)(ii) applies and the underground mine manager does not assume the duties of the ventilation officer under subsection (3), the manager must appoint another person to act as the ventilation officer during the absence. Maximum penalty—200 penalty units.
(5) However, the underground mine manager must not appoint a person under subsection (2) or (4) unless the person holds both of the following board qualifications— (a) a ventilation officer’s certificate of competency;
(b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).
Maximum penalty—200 penalty units.
(6) Also, the coal mine operator for the underground mine must ensure a person appointed under subsection (2) or (4) acts as the ventilation officer for a period of not more than 12 weeks starting on the day the ventilation officer appointed under section 61 — (a) vacated office; or
(b) was first temporarily absent from duty.
Maximum penalty—500 penalty units.
(7) However, subsection (6) does not apply if the person appointed under subsection (2) or (4) is an employee of— (a) the coal mine operator; or
(b) an associated entity of the coal mine operator; or
(c) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine.
(8) The underground mine manager is taken to comply with section 61 (2) for the period of an appointment under subsection (2).
s 61A ins 2018 No. 28 s 17
amd 2020 No. 14
s 9
sub 2022 No. 29
s 11
amd 2024 No. 34 s 32
Division 3
Safety and health management systems
62 Safety and health management system
(1) The safety and health management system, for a coal mine, is a single system that incorporates risk management elements and practices that ensure the safety and health of persons who may be affected by coal mining operations.
(2) The safety and health management system must be a single, auditable documented system that— (a) forms part of an overall management system; and
(b) includes organisational structure, planning activities, responsibilities, practices, procedures and resources for developing, implementing, maintaining and reviewing a safety and health policy.
(3) The safety and health management system must provide a single, comprehensive and integrated system for the management of all aspects of risks to safety and health in relation to the operation of the coal mine including any remote operating centre for the mine, or the remote operation of plant or equipment for the mine.
(4) The safety and health management system for a coal mine must be in place before coal mining operations start at the mine.
(5) The safety and health management system must be adequate and effective to achieve an acceptable level of risk by— (a) defining the coal mine operator’s safety and health policy; and
(b) containing a plan to implement the coal mine operator’s safety and health policy; and
(c) stating how the coal mine operator intends to develop the capabilities and support mechanisms necessary to achieve the policy; and
(d) including principal hazard management plans and standard operating procedures; and
(e) identifying critical controls; and
(f) containing a way of— (i) measuring, monitoring and evaluating the performance of the safety and health management system; and
(ii) taking the action necessary to prevent or correct matters that do not conform with the safety and health management system; and
(g) containing a plan to regularly review and continually improve the safety and health management system so that risk to persons at the coal mine is at an acceptable level; and
(h) if there is a significant change to the coal mining operations of the coal mine—containing a plan to immediately review the safety and health management system so that risk to persons is at an acceptable level.
(6) The site senior executive must make available for inspection, by coal mine workers employed at the coal mine and ROC workers employed for the coal mine, a copy of the safety and health management system. Maximum penalty—100 penalty units.
(7) The site senior executive must give a copy of a principal hazard management plan to each of the following persons if the person requests a copy of the plan— (a) a coal mine worker whose work at the coal mine is affected by the requirements of the plan;
(b) an operational ROC worker for the coal mine whose work for the mine is affected by the requirements of the plan.
Maximum penalty—100 penalty units.
s 62 amd 2018 No. 28
s 18 ; 2024 No. 34 s 33
62A Additional requirement for coal mining operation for incidental coal seam gas
(1) This section applies if coal mining operations at a coal mine include activities related to mining incidental coal seam gas.
(2) The safety and health management system must include a plan to achieve an acceptable level of risk in relation to the activities.
(3) In deciding whether the safety and health management system for the coal mine is adequate and effective to achieve an acceptable level of risk for section 62 (5), regard must be had to the requirements for a safety management system under the
Petroleum and Gas (Production and Safety) Act 2004 .
Notes—
1 See the
Petroleum and Gas (Production and Safety) Act 2004 , sections 675 and 705C .
2 For mineral hydrocarbon mining leases as defined under the
Mineral Resources Act 1989 , chapter 15 , part 2 , division 6, see section 747 of that Act and the
Petroleum and Gas (Production and Safety) Act 2004 , section 671 .
s 62A ins 2004 No. 25 s 943
amd 2012 No. 20 s 323 sch 3; 2014 No. 64 s 205; 2018 No. 28
s 19
63 Principal hazard management plan
(1) A principal hazard management plan must— (a) identify, analyse and assess risk associated with principal hazards; and
(b) include standard operating procedures and other measures to control risk; and
(c) include critical controls.
(2) The site senior executive must give a copy of the principal hazard management plan to a person that employs persons at the coal mine whose work is affected by the plan’s requirements. Maximum penalty for subsection (2)—200 penalty units.
s 63 amd 2024 No. 34
s 34
64 Review of principal hazard management plans and standard operating procedures
(1) This section applies if— (a) a safety and health management system has been developed for a new coal mine; or
(b) it is proposed to change a safety and health management system at an existing coal mine.
(2) The site senior executive must review the principal hazard management plans and standard operating procedures in consultation with coal mine workers affected by the plans and operating procedures. Maximum penalty—200 penalty units.
(3) The review under subsection (2) must take place— (a) for a new coal mine—as soon as practicable after the start of coal mining operations; or
(b) for a change at an existing coal mine—before the change happens.
Division 3A
Joint interaction management plans for overlapping resource authorities
pt 4 div 3A hdg ins 2014 No. 64 s 206
64C Application of div 3A
(1) This division applies to a coal mine if— (a) coal mining operations at the coal mine are carried out, or are to be carried out, in any of the following areas (each an
overlapping area )— (i) the area of— (A) a petroleum authority under the
Petroleum and Gas (Production and Safety) Act 2004 ; or
(B) an authority to prospect, petroleum lease, or water monitoring authority, under the
Petroleum Act 1923 ;
(ii) an area adjacent to an area mentioned in subparagraph (i);
(iii) the area of a petroleum resource authority to which the
Common Provisions Act , chapter 4 applies; and
(b) the coal mining operations physically affect, or may physically affect, the safety of persons or plant in the overlapping area.
(2) This division does not apply to a coal mine if coal mining operations at the coal mine are carried out, or are to be carried out, under a coal mining lease to which the
Mineral Resources Regulation 2013 , chapter 2 , part 4 , division 4 applies.
s 64C ins 2014 No. 64 s 206
amd 2018 No. 24 s 5
64D Definitions for div 3A
In this division—
arbitration , of a dispute, means arbitration of the dispute under the
Common Provisions Act , chapter 5 , part 3 .
s 64D def
arbitration amd 2020 No. 14 s 218 sch 1
authorised activities operating plant
means an operating plant under the
Petroleum and Gas (Production and Safety) Act 2004 , section 670 (6).
joint interaction management plan
see section 64E (1)(a).
operating plant
see the
Petroleum and Gas (Production and Safety) Act 2004 , section 670 .
operator , of an operating plant, see the
Petroleum and Gas (Production and Safety) Act 2004 , section 673 .
s 64D ins 2014 No. 64 s 206
64E Requirement for joint interaction management plan
(1) The site senior executive for the coal mine must— (a) before carrying out coal mining operations in the overlapping area, make a plan for the mine that complies with section 64F (a
joint interaction management plan ); and
(b) before making the plan— (i) make reasonable attempts to consult with the operator of each authorised activities operating plant in the overlapping area to jointly identify, analyse and assess risks and hazards in the overlapping area; and
(ii) have regard to any reasonable provisions for the plan, relating to the management of the risks and hazards, that are proposed by the operators within 20 days after receiving a copy of the proposed plan; and
(iii) either— (A) reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or
(B) apply for arbitration of the dispute under subsection (3) or (4); and
(c) comply with the plan.
Maximum penalty—500 penalty units.
(2) For subsection (1)(b)(i), the site senior executive is taken to have made reasonable attempts to consult with the operator of an authorised activities operating plant if— (a) the site senior executive gives the operator a copy of the proposed plan; and
(b) the operator has not, within 20 days after being given the copy, made any proposal to the site senior executive about the provisions for the plan.
(3) If the site senior executive and the operator of an authorised activities operating plant can not agree on the content of a proposed plan within 3 months after the operator receives a copy of the proposed plan, the site senior executive must apply for arbitration of the dispute.
(4) Despite subsection (3), either party may apply for arbitration of the dispute at any time.
s 64E ins 2014 No. 64 s 206
64F Content of joint interaction management plan
(1) A joint interaction management plan must— (a) be stored or kept together with the other parts of the safety and health management system for the coal mine; and
(b) identify, if any, each IMA, RMA and SOZ in the overlapping area; and
(c) identify the hazards and assess the risks to be controlled that— (i) are, or may be, created by the coal mining operations or petroleum activities carried out in the overlapping area; and
(ii) affect, or may be likely to affect, the safety and health of persons in the overlapping area; and
(d) for each risk—identify the triggers or material changes, or likely triggers or material changes, that— (i) must be monitored to ensure the safety and health of persons in the overlapping area; and
(ii) will require the plan to be reviewed; and
(e) for each trigger or material change identified under paragraph (d)— (i) state the response procedures and times; and
(ii) state the type of action required for the response; and
Examples of action that may be required—
1 a risk analysis
2 notice to the operator of an operating plant in the overlapping area of— (a) a drop in hydrostatic pressure that may show a potential hazard to persons carrying out authorised activities under a petroleum lease; or
(b) a change in water level that may indicate differences in fluid interconnections with an adjacent petroleum lease
(iii) state the reporting procedures; and
(f) if there is proposed, or there is likely to be, interaction with other persons in the overlapping area— (i) describe the proposed or likely interactions and how they will be managed; and
(ii) identify the specific risks that may arise as a result of the proposed or likely interactions and how the risks will be controlled; and
(iii) identify the safety responsibilities of each person; and
(iv) state the name of the operator and any other person responsible under the
Petroleum and Gas (Production and Safety) Act 2004
for each operating plant; and
(g) describe the way in which the plan will be reviewed and revised, including ongoing consultation with the persons mentioned in paragraph (f); and
(h) describe the way in which details of any new site senior executive, or other senior person in the management structure, will be communicated to all operators of operating plants in the overlapping area; and
(i) include any other information prescribed by regulation.
(2) A regulation may prescribe a guide of potential hazards that may be created by coal mining operations in relation to exploring for or producing coal seam gas or petroleum (the
potential hazard guide ).
(3) The potential hazard guide must be referred to for help in identifying the hazards and assessing the risks mentioned in subsection (1)(c) but is not intended to be exhaustive.
(4) To remove any doubt, it is declared that a joint interaction management plan may apply to more than 1 overlapping area.
s 64F ins 2014 No. 64 s 206
64G Notification of making of joint interaction management plan
As soon as practicable after making a joint interaction management plan, and before carrying out coal mining operations in the overlapping area, the site senior executive for the coal mine must notify the chief inspector that the plan has been made. Maximum penalty—40 penalty units.
s 64G ins 2014 No. 64 s 206
64H Review
(1) This section applies if— (a) it is proposed to change a joint interaction management plan; or
(b) a change at the coal mine is likely to give rise to an additional risk to safety or health in the overlapping area; or
(c) any of the following circumstances exist— (i) an additional risk to safety or health in the overlapping area is identified;
(ii) consultation with coal mine workers indicates a review is necessary;
(iii) a risk control measure did not control the risk it was intended to control to an acceptable level.
(2) For subsection (1)(b), a change at the coal mine includes— (a) a change to the mine itself or any aspect of the mine environment; and
(b) a change to a system of work, process or procedure at the mine.
(3) The site senior executive for the coal mine must review and, if necessary, revise the joint interaction management plan. Maximum penalty—200 penalty units.
(4) The review must take place in consultation with the operator of each authorised activities operating plant in the overlapping area and coal mine workers to the extent they are affected by the matters under review. Maximum penalty—200 penalty units.
(5) The review must take place— (a) for subsection (1)(a) or (b)—before the change to the joint interaction management plan is made; or
(b) for subsection (1)(c)—as soon as possible after the circumstance exists.
Maximum penalty—200 penalty units.
(6) A revision of the plan under subsection (3) must be recorded on the plan. Maximum penalty—200 penalty units.
(7) If the site senior executive and the operator for an authorised activities operating plant in the overlapping area can not agree on the content of a revision of the plan, either party may apply for arbitration of the dispute.
s 64H ins 2014 No. 64 s 206
64I Availability of joint interaction management plan
(1) The site senior executive for the coal mine must make available for inspection, by persons in the overlapping area, a copy of the joint interaction management plan. Maximum penalty—100 penalty units.
(2) The site senior executive for the coal mine must give a copy of the joint interaction management plan to a person whose work in the overlapping area is affected by the requirements of the plan and who requests a copy of it. Maximum penalty—100 penalty units.
(3) The site senior executive for the coal mine must give a copy of the joint interaction management plan to a person who employs persons at the coal mine whose work is affected by the plan’s requirements. Maximum penalty—200 penalty units.
s 64I ins 2014 No. 64 s 206
Division 4
Records and reporting
65 Changes in management structure to be reported to an inspector
The site senior executive for a coal mine must give notice of any change in the management structure at the mine to the inspector for the region in which the mine is situated within 14 days after the change happens. Maximum penalty—50 penalty units.
66 Management structure to be recorded in the mine record
(1) The site senior executive for a coal mine must enter in the mine record details of— (a) the management structure and of the persons holding positions in the structure at the mine; and
(b) changes to the management structure.
Maximum penalty—50 penalty units.
(2) The details must be entered within 7 days after the establishment of, or changes to, the management structure.
67 Plans of coal mine workings
(1) A site senior executive for a coal mine must keep at the mine— (a) plans showing, as far as practicable— (i) the extent of the mine workings and the current position of any part of the mine workings; and
(ii) for an underground mine, the significant topographical features on the surface above the mine; and
(b) plans showing the extent of mining undertaken at or near the mine; and
(c) information likely to be required to evaluate the effect of the mine on— (i) the safety of adjoining coal mines; and
(ii) any potential uncontrolled flow of material into the mine workings; and
(d) information likely to be required to evaluate the effect of any adjoining mine on the safety of the mine; and
(e) if part 4 , division 3A applies—plans showing each of the following for the overlapping area if identified in an agreed joint development plan— (i) the IMA;
(ii) the RMA;
(iii) the FMA;
(iv) the SOZ.
Maximum penalty—100 penalty units.
(2) A site senior executive for a coal mine must produce to the chief inspector, before 31 December each year, plans showing the extent of the mine workings. Maximum penalty—100 penalty units.
(3) Also, a site senior executive for a coal mine, if asked by an inspector, inspection officer or industry safety and health representative, must produce to the inspector, officer or representative plans showing the extent of the mine workings or the current position of any part of the mine workings and the information mentioned in subsection (1)(c) and (d). Maximum penalty—100 penalty units.
(4) If a coal mine is abandoned, the person who was the coal mine operator for the mine immediately before the abandonment must, within 14 days after the abandonment, give the chief inspector plans showing the extent of mining undertaken at the mine. Maximum penalty—200 penalty units.
(5) A site senior executive of a mine must, as soon as reasonably practicable, provide information mentioned in subsection (1)(c) or (d) to the site senior executive of an adjoining mine— (a) if asked by the site senior executive of the adjoining mine; or
(b) if the information is relevant to the safety of the adjoining mine.
Maximum penalty—100 penalty units.
(6) The accuracy of the plans mentioned in this section must be certified by— (a) for a surface mine— (i) a person registered, under the
Surveyors Act 2003 , as a surveyor with a registration endorsement of ‘mining (A)’ or ‘mining (O)’; or
(ii) a person with other competencies for surface mining surveying the committee considers is at least equivalent to the competencies mentioned in subparagraph (i); or
(b) for an underground mine— (i) a person registered, under the
Surveyors Act 2003 , as a surveyor with a registration endorsement of ‘mining (A)’; or
(ii) a person with other competencies for underground mining surveying the committee considers is at least equivalent to the competencies mentioned in subparagraph (i).
(7) A reference in this section to plans is a reference to plans as certified under subsection (6).
(8) In this section—
agreed joint development plan
see the
Common Provisions Act , section 103 .
s 67 amd 2002 No. 25 s 11; 2003 No. 70 s 206 sch 2; 2010 No. 17 s 17 sch; 2011 No. 2 s 10; 2014 No. 64 s 207
68 Mine record
(1) A coal mine operator for a coal mine must keep a mine record that includes— (a) all reports of, and findings and recommendations resulting from inspections, investigations and audits carried out at the mine under this Act; and
(b) all directives issued under this Act to the coal mine operator and the operator’s agents or representatives; and
(c) a record of all remedial actions taken as a result of directives issued under this Act; and
(d) a record of and reports about all serious accidents and high potential incidents that have happened at the mine; and
(e) all other reports or information that may be prescribed under a regulation for this section.
Maximum penalty—200 penalty units.
(2) For subsection (1), a matter must be kept in the mine record for at least 7 years after the matter is included in the record.
(3) Subsection (2) applies whether the matter was included under this Act or the repealed
Coal Mining Act 1925 .
(4) The coal mine operator must ensure the mine record is available for inspection by each of the following persons— (a) coal mine workers at the coal mine;
(b) industry safety and health representatives;
(c) the site senior executive for the coal mine.
(5) Without limiting subsection (4), if a person mentioned in subsection (4)(a), (b) or (c) asks to inspect a matter kept in the mine record, the coal mine operator must ensure the matter is available for inspection as soon as practicable but not later than— (a) if the matter was recorded in the mine record within the previous 6 months—5 days after the request is made; or
(b) otherwise—28 days after the request is made.
Maximum penalty—200 penalty units.
(6) If a person (the
former operator ) who is the coal mine operator for a mine is replaced by another person (the
new operator ) as the coal mine operator for the mine, the former operator must give the new operator the mine record for the mine as soon as practicable after being replaced. Maximum penalty—200 penalty units.
(7) A person must not destroy, deface or alter the mine record so that it is no longer a correct and complete record. Maximum penalty—400 penalty units.
s 68 amd 2011 No. 2 s 11; 2024 No. 34
s 35
69 Display of directives, reports and other information
(1) The site senior executive for a coal mine must display a copy of the following documents at the mine—
(a) each directive currently applying to the mine;
(b) each report of an inspection carried out at the mine;
(c) each publication of information under section 275AC that may be relevant to safety and health obligations at the mine.
(2) For subsection (1), the document must be displayed in 1 or more conspicuous positions at the coal mine in a way likely to come to the attention of coal mine workers at the mine affected by the document.
s 69 sub 2024 No. 34 s 36
69A Current or past coal mine worker entitled to training and assessment report
(1) This section applies if a person is or was a coal mine worker at a coal mine.
(2) The person may ask the site senior executive for the coal mine to give the person a training and assessment report for the person.
(3) The site senior executive must comply with the request within 30 days after the request is made. Maximum penalty—200 penalty units.
(4) In this section—
training and assessment report , for a person who is or was a coal mine worker at a coal mine, means a copy of the part of the coal mine’s safety and health management system relating to records of training and assessment given to, and undertaken by, the person as a coal mine worker at the mine.
s 69A ins 2011 No. 2 s 12
sub 2024 No. 34 s 36
69B Site senior executive entitled to training and assessment report from previous coal mine
(1) This section applies if— (a) a person is a coal mine worker at a coal mine (the
current coal mine ); and
(b) the person has previously been a coal mine worker at another coal mine (the
previous coal mine ).
(2) The site senior executive for the current coal mine may ask the coal mine operator for the previous coal mine to give the site senior executive a training and assessment report for the person.
(3) The coal mine operator for the previous coal mine must comply with the request within 30 days after the request is made. Maximum penalty—200 penalty units.
(4) In this section—
training and assessment report , for a person who was a coal mine worker at a previous coal mine, means a copy of the part of the previous coal mine’s safety and health management system relating to records of training and assessment given to, and undertaken by, the person as a coal mine worker at the previous coal mine.
s 69B ins 2024 No. 34 s 36
Division 5
Protection of abandoned coal mines
70 Responsibility for protecting abandoned coal mines
(1) If a coal mine is abandoned, the person who was the coal mine operator for the mine immediately before the abandonment must ensure at the time of abandonment that the abandoned coal mine is safe and made secure. Maximum penalty—800 penalty units.
(2) If the coal mine operator does not comply with subsection (1), the holder for the coal mine must ensure the abandoned coal mine is safe and made secure. Maximum penalty—800 penalty units.
(3) Without limiting subsection (1) or (2), while the holder is the holder for the coal mine the holder must ensure the mine is safe and made secure. Maximum penalty—800 penalty units.
(4) If an abandoned coal mine is not safe and made secure, the CEO may make it safe and secure and recover the cost of making it safe and secure from the person with the obligation to ensure the mine is safe and made secure.
(5) A conviction under this section, with or without penalty, does not affect the CEO’s ability to recover the cost of making the mine safe and secure.
(6) In this section—
environmental authority
see the
Environmental Protection Act 1994 , schedule 4 .
holder , for a coal mine, includes the holder of an environmental authority to carry out on-site activities for land on which the coal mine is located.
s 70 amd 2016 No. 32 s 19; 2020 No. 10
s 139 sch 2
Part 5
Recognised standards
71 Purpose of recognised standards
A standard may be made for safety and health (a
recognised standard ) stating ways to achieve an acceptable level of risk to persons arising out of coal mining operations.
72 Recognised standards
(1) The Minister may make recognised standards.
(2) The Minister must notify the making of a recognised standard by gazette notice.
(3) The CEO must publish on a Queensland Government website each recognised standard and any document applied, adopted or incorporated by the standard.
(4) In this section—
Queensland Government website
means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.
s 72 amd 2020 No. 10
s 76
73 Use of recognised standards in proceedings
A recognised standard is admissible in evidence in a proceeding under this Act if— (a) the proceeding relates to a contravention of a safety and health obligation imposed on a person under part 3 ; and
(b) it is claimed that the person contravened the obligation by failing to achieve an acceptable level of risk; and
(c) the recognised standard is about achieving an acceptable level of risk.
Part 5A
[Repealed]
pt 5A hdg ins 2009 No. 16 s 6
om 2020 No. 10 s 77
Division 1
[Repealed]
pt 5A div 1 hdg ins 2009 No. 16 s 6
om 2020 No. 10 s 77
73A [Repealed]
s 73A ins 2009 No. 16 s 6
om 2020 No. 10 s 77
73B [Repealed]
s 73B ins 2009 No. 16 s 6
sub 2014 No. 64 s 208
om 2020 No. 10 s 77
73BA [Repealed]
s 73BA ins 2010 No. 17 s 18
om 2020 No. 10 s 77
73C [Repealed]
s 73C ins 2009 No. 16 s 6
amd 2010 No. 17 s 17 sch; 2018 No. 28
s 20
om 2020 No. 10 s 77
73D [Repealed]
s 73D ins 2009 No. 16 s 6
om 2020 No. 10 s 77
Division 2
[Repealed]
pt 5A div 2 hdg ins 2009 No. 16 s 6
om 2020 No. 10 s 77
73E [Repealed]
s 73E ins 2009 No. 16 s 6
om 2020 No. 10 s 77
Part 6
Industry consultative arrangements
Division 1
Purposes of part
74 Purposes of pt 6
The main purposes of this part are to provide for the establishment of a coal mining safety and health advisory committee and to state its functions.
s 74 amd 2010 No. 17 s 17 sch
Division 2
Coal mining safety and health advisory committee and its functions
pt 6 div 2 hdg amd 2010 No. 17 s 17 sch
75 Coal mining safety and health advisory committee
The coal mining safety and health advisory committee (the
committee ) is established.
s 75 amd 2010 No. 17 s 17 sch
76 Primary function of committee
(1) The primary function of the committee is to give advice and make recommendations about promoting and protecting the safety and health of persons at coal mines and persons who may be affected by coal mining operations to either or both of the following— (a) the Minister;
(b) the RSHQ board.
(2) Without limiting subsection (1), the committee must discharge its primary function by periodically reviewing the effectiveness of the control of risk to any person from coal mining operations.
s 76 amd 2010 No. 17 s 19; 2020 No. 10
s 78 ; 2026 No. 10
s 4
76A Other functions of committee
The committee also has the following functions— (a) recognising, establishing and publishing the following competencies— (i) the competencies accepted by the committee as qualifying a person to perform the tasks prescribed by regulation;
(ii) the safety and health competencies required to perform the duties of a person under this Act;
(b) developing a 5-year strategic plan for improving the safety and health of persons at coal mines and persons who may be affected by coal mining operations;
(c) periodically evaluating, and at least once each year updating, the 5-year strategic plan;
(d) developing action plans to achieve measurable targets set in the 5-year strategic plan;
(e) obtaining information from RSHQ to assess the fulfilment of the 5-year strategic plan and the action plans mentioned in paragraph (d);
(f) identifying and prioritising critical risks to the safety and health of persons at coal mines and persons who may be affected by coal mining operations;
(g) providing advice to the coal mining industry about the risks mentioned in paragraph (f);
(h) periodically reviewing the effectiveness of this Act, the regulations made under this Act, and the recognised standards.
s 76A ins 2020 No. 10 s 79
amd 2026 No. 10
s 5
77 Annual report
(1) As soon as practicable, but within 4 months, after the end of each financial year, the chairperson of the committee must prepare and give to the Minister a report on the committee’s operations for the year.
(2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving it.
s 77 amd 2009 No.16 s 7; 2010 No. 17 s 17 sch; 2026 No. 10
s 6
Division 3
Membership and conduct of committee proceedings
pt 6 div 3 hdg amd 2010 No. 17 s 17 sch
78 Membership of committee
(1) The committee is to consist of 10 members, 1 of whom is the chairperson.
(2) The Minister must appoint a member of the RSHQ board, other than the chairperson of the RSHQ board, to be chairperson of the committee.
(3) In appointing the chairperson of the committee, the Minister must consider any advice about the appointment given to the Minister by the chairperson of the RSHQ board.
s 78 amd 2007 No. 46 s 7; 2009 No.16 s 8; 2010 No. 17 s 17 sch; 2018 No. 28
s 21 ; 2026 No. 10
s 7
79 Organisations to submit names to Minister
(1) The following organisations, within 1 month of being asked to do so by the Minister, may submit a panel of names of individuals experienced in coal mining operations the organisations nominate to be members of the committee— (a) organisations representing coal mine operators;
(b) industrial organisations representing coal mine workers.
(2) Only 1 panel may be submitted by all organisations representing coal mine operators.
(3) Only 1 panel may be submitted by all industrial organisations representing coal mine workers.
(4) Each panel must include 6 or more names.
s 79 amd 2007 No. 46 s 8; 2010 No. 17 s 17 sch
80 Appointment of members
(1) The Minister must appoint 3 persons from each panel to be members of the committee.
(2) One of the persons appointed from the panel submitted by industrial organisations representing coal mine workers must be a member of the industrial organisation that represents the majority of the coal mine workers in Queensland.
(3) The chief inspector is to be a member of the committee.
(3A) The Minister must appoint 2 other inspectors to be members of the committee.
(4) The Minister may appoint a person under subsection (1) only if the person is experienced in coal mining operations.
(5) In selecting a person for appointment under subsection (1), the Minister must also consider the following in relation to the person— (a) breadth of experience in the coal mining industry;
(b) demonstrated commitment to promoting safety and health standards in the coal mining industry;
(c) practical knowledge of the coal mining industry and of relevant legislation.
(6) If a panel of names is not submitted to the Minister within the stated time, the Minister may appoint 3 persons the Minister considers appropriate to be members of the committee.
(7) The members who are not inspectors must be appointed under this Act and not under the
Public Sector Act 2022 .
s 80 amd 2007 No. 46 s 9; 2009 No. 25 s 83 sch; 2010 No. 17 s 17 sch; 2018 No. 28 s 22; 2022 No. 34 s 365 sch 3
81 Duration of appointment
A member of the committee may be appointed, or re-appointed, by the Minister under section 80 (1) for a term of not more than 3 years.
s 81 amd 2007 No. 46 s 10; 2010 No. 17 s 17 sch
82 Conditions of appointment
(1) A member of the committee is not entitled to any remuneration, other than the reimbursement of reasonable expenses and travel allowance.
(2) A member holds office on the conditions not provided by this Act that are decided by the Governor in Council.
s 82 amd 2010 No. 17 s 20
83 Member ceasing as member
The office of a member of the committee becomes vacant if the member— (a) finishes a term of office and is not reappointed; or
(b) resigns by notice of resignation given to the Minister; or
(c) is absent from 3 consecutive meetings of the committee without leave of the committee and without reasonable excuse; or
(d) is removed from office by the Minister for any reason or none.
s 83 amd 2010 No. 17 s 17 sch
83A Substitute members
(1) The Minister may appoint 2 persons (
substitute members ) from each panel submitted under section 79 (1), in addition to the persons appointed under section 80 (1), to take part in meetings of the committee in place of a member (
original member ) appointed from the same panel.
(2) One of the persons appointed from the panel submitted by industrial organisations representing coal mine workers must be a member of the industrial organisation that represents the majority of the coal mine workers in Queensland.
(3) When appointing a substitute member, the Minister must consider the matters mentioned in section 80 (5)(a), (b) and (c).
(4) A substitute member may be appointed, or re-appointed, for a term of not more than 3 years.
(5) A person stops being a substitute member if, for any reason or none, the Minister gives the person written notification that the person is no longer a substitute member.
(6) While taking part in a meeting in place of an original member, a substitute member is a member of the committee and— (a) is not entitled to any remuneration, other than the reimbursement of reasonable expenses and travel allowance; and
(b) is subject to the conditions, mentioned in section 82 (2) and applying to the original member, that are capable of applying to the substitute member.
s 83A ins 2007 No. 46 s 11
amd 2010 No. 17 ss 17 sch, 21
84 Times and places of committee meetings
(1) The committee may hold its meetings at the times and places it decides.
(2) However, the committee must meet at least twice a year.
(3) The chairperson— (a) may call a meeting of the committee at any time; and
(b) must call a meeting if asked by at least 4 members.
(4) Also, the Minister may call a meeting of the committee at any time.
s 84 amd 2010 No. 17 s 17 sch
85 Presiding at meetings of the committee
(1) The chairperson must preside at all meetings of the committee at which the chairperson is present.
(2) In the absence of the chairperson, an inspector nominated by the chairperson presides.
s 85 amd 2010 No. 17 s 17 sch
86 Quorum and voting at meetings of the committee
(1) At a meeting of the committee— (a) 4 members constitute a quorum; and
(b) a question must be decided by a majority of the votes of the members present and voting; and
(c) each member present has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.
(2) A quorum must include— (a) a member who represents coal mine operators; and
(b) a member who represents coal mine workers; and
(c) a member who represents inspectors.
s 86 amd 2010 No. 17 s 17 sch
87 Recommendation to Minister if vote not unanimous
(1) If the committee gives advice or makes a recommendation to the Minister about a matter, the committee must advise the Minister whether the committee’s decision about the matter was unanimous.
(2) If the decision was not unanimous, the committee must advise the Minister of the views of the minority.
s 87 amd 2010 No. 17 s 17 sch
88 Taking part in meetings by telephone etc.
(1) The committee may permit members to take part in a particular meeting, or all meetings, by any technology permitting contemporaneous communication with other committee members.
(2) A member who takes part in a meeting of the committee under a permission under subsection (1) is taken to be present at the meeting.
s 88 amd 2010 No. 17 s 17 sch
89 Resolutions without meetings
(1) If at least 6 members of the committee sign a document containing a statement that they are in favour of a resolution stated in the document, the resolution is taken to have been passed at a meeting of the committee held on the day when the last of the members signing the document signs the document.
(2) However, the 6 members must include— (a) a member who represents coal mine operators; and
(b) a member who represents coal mine workers; and
(c) a member who represents inspectors.
(3) If a resolution is, under subsection (1), taken to have been passed at a committee meeting, each member must be advised immediately of the matter and be given a copy of the terms of the resolution.
(4) For subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more members, are taken to be a single document.
s 89 amd 2010 No. 17 s 17 sch
90 Minutes by the committee
The committee must keep minutes of its proceedings.
s 90 amd 2010 No. 17 s 17 sch
91 Subcommittees
The committee may appoint subcommittees to advise it on particular issues.
s 91 sub 2010 No. 17 s 22
Part 7
Site safety and health representatives
Division 1
Purposes of part
92 Purposes of pt 7
The main purposes of this part are to provide for the election of site safety and health representatives and to state their functions and powers.
Division 2
Election of site safety and health representatives
pt 7 div 2 hdg amd 2024 No. 34
s 37
93 Election of site safety and health representatives
(1) The coal mine workers at a coal mine may elect 1 or 2 of their number to be site safety and health representatives for the coal mine.
(2) If there is more than 1 site senior executive at a coal mine, the coal mine workers at each part of the coal mine for which a site senior executive has responsibility may elect 1 or 2 of their number to be site safety and health representatives for each part of the coal mine.
(3) A site safety and health representative elected under this section is appointed for— (a) the term decided by the coal mine workers; or
(b) if no term is decided by the coal mine workers—3 years.
(4) A person elected under this section becomes a site safety and health representative only if the person holds the appropriate safety and health competencies recognised by the committee for a site safety and health representative.
(5) When performing functions or exercising powers under this part, a site safety and health representative is taken to be performing duties as a coal mine worker.
(6) An election of a site safety and health representative for a coal mine, or part of a coal mine, under this section may be held only in the circumstances mentioned in section 98A .
s 93 amd 2010 No. 17 s 17 sch
sub 2024 No. 34
s 38
94 Further election if site safety and health representative not available
(1) If a site safety and health representative is not available when coal mining operations at a coal mine, or part of a coal mine, are considered unsafe by coal mine workers who are affected by the operations, the affected coal mine workers may elect 2 of their number to inspect the operations.
(2) The method of election under subsection (1) must— (a) be decided by the affected coal mine workers; and
(b) be as straightforward as practicable, having regard to the need to deal with the coal mining operations that are considered unsafe in a way that is appropriate in the circumstances.
(3) A coal mine worker elected under subsection (1) is taken to be a site safety and health representative for the period— (a) a site safety and health representative is not available; and
(b) the coal mining operations are considered unsafe by the affected coal mine workers.
s 94 sub 2024 No. 34
s 38
95 Person must be qualified to act as site safety and health representative
(1) A person must not act as a site safety and health representative unless the person holds the competencies mentioned in section 93 (4). Maximum penalty—40 penalty units.
(2) Subsection (1) does not apply to a person elected under section 94 (1).
(3) A site safety and health representative must perform the functions and exercise the powers of a site safety and health representative under this Act for safety and health purposes and for no other purpose. Maximum penalty for subsection (3)—40 penalty units.
s 95 sub 2024 No. 34
s 38
96 Ceasing to be site safety and health representative
A coal mine worker for a coal mine, or part of a coal mine, stops being a site safety and health representative if the worker— (a) tells the site senior executive for the coal mine that the worker resigns as site safety and health representative; or
(b) stops being a coal mine worker at the coal mine, or part of the coal mine; or
(c) is removed from office by a vote of a majority of coal mine workers at the coal mine, or part of the coal mine, as notified in writing to the site senior executive for the coal mine.
s 96 sub 2024 No. 34
s 38
97 Removal from office by Minister
(1) The Minister may remove a site safety and health representative from office by notice if the Minister considers the representative is not performing the representative’s functions satisfactorily.
(2) The notice must contain the Minister’s reasons for removing the site safety and health representative from office.
98 Election after removal from office
(1) If a site safety and health representative is removed from office by the Minister, another site safety and health representative may be elected under this division.
(2) However, another person must not be elected to be a site safety and health representative until after— (a) the time for filing an appeal under part 14 , division 1 has ended; or
(b) if an appeal against the Minister’s decision has been filed—an Industrial Magistrates Court has confirmed the Minister’s decision to remove the site safety and health representative.
(3) The provisions of this division apply to the election.
Division 3
Process for election of site safety and health representatives
pt 7 div 3 hdg ins 2024 No. 34
s 39
98A When election must be held
An election of a site safety and health representative for a coal mine, or part of a coal mine, must be held if— (a) the office of a site safety and health representative for the coal mine, or part of the coal mine, becomes vacant or will become vacant before the election; and
(b) a coal mine worker for the coal mine, or part of the coal mine, asks the site senior executive for the coal mine, or part of the coal mine, in writing, for an election to be conducted by an entity mentioned in section 98B (1).
s 98A ins 2024 No. 34
s 39
98B Who is to conduct election
(1) An election for a site safety and health representative for a coal mine, or part of a coal mine, must be conducted by 1 or more of the following entities— (a) 1 or more involved unions for the election;
(b) the site senior executive for the coal mine, or part of the coal mine;
(c) an appropriately qualified entity appointed by an entity mentioned in paragraph (a) or (b).
(2) The site senior executive for the coal mine, or part of the coal mine, and any involved union for the election must use all reasonable endeavours, during the period of 7 days starting on the day of the election trigger, to agree on which of the entities mentioned in subsection (1) is to conduct the election.
(3) If the site senior executive for the coal mine, or part of the coal mine, and any involved union for the election can not reach agreement under subsection (2), the election must be conducted— (a) by an appropriately qualified entity appointed by the chief inspector; and
(b) as soon as practicable after the end of the 7-day period mentioned in subsection (2).
(4) If an involved union for the election participates in the conduct of the election, the election must be conducted by secret ballot under— (a) the fair rules of the involved union or, if more than 1 involved union participates in the conduct of the election, the fair rules agreed to by each of the involved unions; or
(b) otherwise—the process prescribed by regulation.
(5) If an involved union for the election does not participate in the conduct of the election, the election must be conducted by secret ballot under the process prescribed by regulation.
(6) The reasonable costs of the election are to be paid by the coal mine operator.
(7) To remove any doubt, it is declared that nothing in this section compels an entity to conduct, or jointly conduct, an election of a site safety and health representative.
(8) In this section—
Commonwealth industrial association
means an industrial association under the
Fair Work Act 2009 (Cwlth) , section 12.
election trigger , for an election, means the making of a request for the election by a coal mine worker under section 98A (b).
involved union , for an election, means an industrial organisation, or Commonwealth industrial association, whose membership includes a coal mine worker entitled to vote in the election.
s 98 B
ins 2024 No. 34
s 39
98C Obligations of entity or entities conducting election
An entity conducting an election under section 98B must ensure the election is— (a) supervised by a person who has had formal training as a returning officer; and
(b) conducted under fair procedures that give each elector an equal opportunity to freely vote in the election.
s 98C ins 2024 No. 34
s 39
Division 4
Functions and powers of site safety and health representatives
pt 7 div 4 hdg ins 2024 No. 34
s 39
99 Functions of site safety and health representatives
(1) A site safety and health representative for a coal mine has the following functions— (a) to inspect the coal mine to assess whether the level of risk to coal mine workers is at an acceptable level;
(b) to review procedures in place at the coal mine to control the risk to coal mine workers so that it is at an acceptable level;
(c) to detect unsafe practices and conditions at the coal mine and to take action to ensure the risk to coal mine workers is at an acceptable level;
(d) to investigate complaints from coal mine workers at the mine regarding safety or health.
(2) The site senior executive and supervisors at the coal mine must give reasonable help to a site safety and health representative in carrying out the representative’s functions. Maximum penalty—40 penalty units.
(3) The site senior executive or the site senior executive’s representative may accompany the site safety and health representative during an inspection.
(4) A site safety and health representative who makes an inspection of the coal mine must— (a) make a written report on the inspection; and
(b) give a copy of the report to the site senior executive; and
(c) if the inspection indicates the existence or possible existence of danger, immediately— (i) notify the site senior executive or the responsible supervisor; and
(ii) send a copy of the report to an inspector.
(5) If a site safety and health representative believes a safety and health management system is inadequate or ineffective, the representative must inform the site senior executive.
(6) If the site safety and health representative is not satisfied the site senior executive is taking the action necessary to make the safety and health management system adequate and effective, the representative must advise an inspector.
(7) The inspector must investigate the matter and report the results of the investigation in the mine record.
100 Powers of site safety and health representative
(1) A site safety and health representative for a coal mine has the following powers— (a) to enter any area of the coal mine at any time to carry out the functions of the site safety and health representative, if reasonable notice is given to the site senior executive for the mine or the site senior executive’s representative;
(b) to examine any documents relevant to safety and health held by the site senior executive under this Act, if the site safety and health representative has reason to believe the documents contain information required to assess whether procedures are in place at the coal mine to achieve an acceptable level of risk to the coal mine workers;
(c) to copy, or to obtain from the site senior executive within a stated reasonable period a copy of, a document mentioned in paragraph (b);
(d) to require the site senior executive to give the site safety and health representative reasonable help to exercise the site safety and health representative’s powers under paragraphs (b) and (c).
(2) If a site safety and health representative asks to copy a document under subsection (1)(c), the site senior executive must give access to the document as soon as reasonably practicable after being asked, unless the site senior executive has a reasonable excuse. Maximum penalty—100 penalty units.
(3) A site senior executive for a coal mine who is required in a stated reasonable way to help a site safety and health representative under subsection (1)(d) must comply with the requirement. Maximum penalty—100 penalty units.
s 100 amd 2024 No. 34
s 40
101 Stopping of operations by site safety and health representatives
(1) This section applies if a site safety and health representative reasonably believes a danger to the safety or health of coal mine workers exists because of coal mining operations.
(2) The site safety and health representative may, by written report to the site senior executive for the coal mine stating the reasons for the representative’s belief, order the suspension of coal mining operations.
(3) The site safety and health representative must give a copy of the written report given to the site senior executive under subsection (2) to— (a) an inspector; and
(b) an industry safety and health representative.
(4) If the site safety and health representative reasonably believes there is immediate danger to the safety and health of coal mine workers from coal mining operations, the representative may— (a) stop the operations and immediately advise the supervisor in charge of the operations; or
(b) require the supervisor in charge of the operations to stop the operations.
(5) The site safety and health representative must give a written report about any action taken under subsection (4) and the reasons for the action to each of the following persons— (a) the site senior executive for the coal mine;
(b) an inspector;
(c) an industry safety and health representative.
s 101 amd 2024 No. 34
s 41
102 Effect of report
If the site senior executive receives a report under section 101 (2), the site senior executive must stop the coal mining operations mentioned in the report. Maximum penalty—200 penalty units.
103 Site senior executive not to restart operations until risk at an acceptable level
The site senior executive must ensure that the coal mining operations stopped under section 101 are not restarted until the risk to coal mine workers from the operations is at an acceptable level. Maximum penalty—200 penalty units.
104 Site safety and health representative not to unnecessarily impede production
A site safety and health representative must not unnecessarily impede production at a coal mine when exercising the representative’s powers or performing the representative’s functions. Maximum penalty—200 penalty units.
105 Protection of site safety and health representatives performing functions
A coal mine operator, site senior executive, contractor or other supervisor must not— (a) prevent or attempt to prevent a site safety and health representative from performing the representative’s functions; or
(b) penalise a site safety and health representative for performing the representative’s functions.
Maximum penalty—200 penalty units.
s 105 amd 2024 No. 34
s 42
Division 5
Obligations of site senior executives
pt 7 div 5 hdg ins 2024 No. 34 s 43
106 Site senior executive to tell site safety and health representatives about certain things
(1) A site senior executive for a coal mine must tell a site safety and health representative at the mine about the following things— (a) an injury or illness to a person from coal mining operations that causes an absence from work of the person;
(b) a high potential incident happening at the coal mine;
(c) any proposed changes to the coal mine, or plant or substances used at the coal mine, that affect, or may affect, the safety and health of persons at the mine;
(d) the presence of an inspector or inspection officer at the coal mine if the representative is at the mine;
(e) a directive given by an inspector, inspection officer or industry safety and health representative about a matter.
Maximum penalty—40 penalty units.
(2) For subsection (1), the site senior executive must tell each representative as soon as practicable after the thing comes to the site senior executive’s knowledge.
107 Site senior executive to display identity of site safety and health representatives
(1) A site senior executive for a coal mine must display a notice as required under subsections (2) to (4) for each site safety and health representative for the mine. Maximum penalty—40 penalty units.
(2) The notice must— (a) state the name of the site safety and health representative; and
(b) state the preferred contact details of the representative; and
(c) contain a recent photograph of the representative.
(3) The site senior executive must display the notice within 5 days after the site senior executive is notified of the representative’s election.
(4) The site senior executive must display the notice in 1 or more conspicuous positions at the mine in a way likely to come to the attention of workers at the mine.
Examples of conspicuous positions—
near the mine record, in the crib rooms
(5) In this section—
preferred contact details , of a site safety and health representative, means the telephone number and email address by which the representative prefers to be contacted about safety and health matters.
s 107 amd 2024 No. 34
s 44
Part 8
Industry safety and health representatives
Division 1
Purposes of part
108 Purposes of pt 8
The main purposes of this part are to provide for the appointment of industry safety and health representatives and to state their functions and powers.
Division 2
Industry safety and health representatives
109 Appointment of industry safety and health representatives
(1) The union may, after a ballot of its members, appoint up to 3 persons to be industry safety and health representatives.
(2) The persons appointed must be holders of both of the following board qualifications— (a) a first or second class certificate of competency or a deputy’s certificate of competency;
(b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).
(3) The term of the appointment must not be more than 4 years.
s 109 amd 2024 No. 34 s 45
110 Industry safety and health representative to work full-time
An industry safety and health representative must work full-time in that capacity performing the functions of an industry safety and health representative.
111 Funding of industry safety and health representative
The union must fund the industry safety and health representative for the representative’s term as industry safety and health representative.
112 Termination of appointment
(1) The Minister may end the appointment of an industry safety and health representative by notice if the Minister considers the representative is not performing the representative’s functions satisfactorily.
(2) The notice must contain the Minister’s reasons for ending the appointment of the industry safety and health representative.
113 Appointment after termination
(1) If a person’s appointment as industry safety and health representative is ended by the Minister, the union may appoint another person to be industry safety and health representative.
(2) However, the union must not appoint another person to be an industry safety and health representative unless— (a) the time for filing an appeal under part 14 , division 1 has ended; or
(b) if an appeal against the Minister’s decision has been filed, an Industrial Magistrates Court has confirmed the Minister’s decision to end the appointment of the industry safety and health representative.
(3) The provisions of this division about appointment apply to the appointment.
114 Filling of temporary vacancy
(1) If a person is temporarily unable to perform the functions of an industry safety and health representative, the union may appoint a substitute for the period the person is unable to perform the functions.
(2) The provisions of this division about appointment apply to the appointment.
115 Vacancy generally
The position of industry safety and health representative becomes vacant if the representative— (a) finishes a term and is not reappointed; or
(b) resigns by notice of resignation given to the Minister; or
(c) has the representative’s appointment terminated by the Minister.
116 Persons not to pretend to be industry safety and health representatives if not appointed
A person not appointed as an industry safety and health representative must not pretend to be an industry safety and health representative. Maximum penalty—40 penalty units.
117 Industry safety and health representative restricted to safety and health purposes
An industry safety and health representative must not perform a function or exercise a power of an industry safety and health representative under this Act for a purpose other than a safety and health purpose. Maximum penalty—40 penalty units.
118 Functions of industry safety and health representatives
(1) An industry safety and health representative has the following functions— (a) to inspect coal mines to assess whether the level of risk to the safety and health of coal mine workers is at an acceptable level;
(b) to review procedures in place at coal mines to control the risk to safety and health of coal mine workers so that it is at an acceptable level;
(c) to detect unsafe practices and conditions at coal mines and to take action to ensure the risk to the safety and health of coal mine workers is at an acceptable level;
(d) to participate in investigations into serious accidents and high potential incidents and other matters related to safety or health at coal mines;
(e) to investigate complaints from coal mine workers regarding safety or health at coal mines;
(f) to help in relation to initiatives to improve safety or health at coal mines.
(2) The following persons may accompany the industry safety and health representative during an inspection— (a) the site senior executive or a person representing the site senior executive;
(b) a site safety and health representative or a person representing the site safety and health representative.
119 Powers of industry safety and health representatives
(1) An industry safety and health representative has the following powers— (a) to make inquiries about the operations of coal mines relevant to the safety or health of coal mine workers;
(b) to enter any part of a coal mine at any time to carry out the representative’s functions;
(c) to examine any documents relevant to safety and health held by persons with obligations under this Act, if the representative has reason to believe the documents contain information required to assess whether procedures are in place at a coal mine to achieve an acceptable level of risk to coal mine workers;
(d) to examine safety and health management system documents, including principal hazard management plans, standard operating procedures and training records;
(e) to copy a document mentioned in paragraph (c) or (d);
(f) to require the site senior executive for a coal mine to give the representative within a stated reasonable period and by a stated reasonable way, including, for example, by email, a copy of any document mentioned in paragraph (c) or (d);
(g) to require the person in control or temporarily in control of a coal mine to give the representative reasonable help in a stated reasonable way in the exercise of a power under any of paragraphs (a) to (f);
(h) to issue a directive under section 163 .
(2) A person in control or temporarily in control of a coal mine required to help the industry safety and health representative under subsection (1)(g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.
(3) If an industry safety and health representative asks a person to give access to a document to enable the representative to examine the document under subsection (1)(c) or (d), or to copy the document under subsection (1)(e), the person must give access to the document as soon as reasonably practicable after being asked, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.
s 119 amd 2024 No. 34 s 46
120 Industry safety and health representative not to unnecessarily impede production
An industry safety and health representative must not unnecessarily impede production at a coal mine when exercising the representative’s powers or performing the representative’s functions. Maximum penalty—100 penalty units.
121 Inadequate or ineffective safety and health management systems
(1) If an industry safety and health representative believes a safety and health management system is inadequate or ineffective, the representative must advise the site senior executive stating the reasons for the representative’s belief.
(2) If the industry safety and health representative is not satisfied the site senior executive is taking the action necessary to make the safety and health management system adequate and effective, the representative must advise an inspector.
(3) The inspector must investigate the matter and report the results of the investigation in the mine record.
122 Identity cards
(1) The CEO must give each industry safety and health representative an identity card.
(2) The identity card must— (a) contain a recent photograph of the representative; and
(b) be signed by the representative; and
(c) identify the person as an industry safety and health representative under this Act.
s 122 amd 2020 No. 10
s 139 sch 2
123 Failure to return identity card
A person who ceases to be an industry safety and health representative must return the person’s identity card to the CEO as soon as practicable, but within 21 days, after ceasing to be an industry safety and health representative, unless the person has a reasonable excuse. Maximum penalty—40 penalty points.
s 123 amd 2020 No. 10
s 139 sch 2
124 Production or display of identity card
(1) An industry safety and health representative may exercise a power in relation to another person only if the representative— (a) first produces the representative’s identity card for the other person’s inspection; or
(b) has the identity card displayed so it is clearly visible to the other person.
(2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the industry safety and health representative must produce the identity card for the other person’s inspection at the first reasonable opportunity.
Part 9
Inspectors and other officers and directives
pt 9 hdg amd 2007 No. 46 s 12
Division 1
Inspectors and inspection officers
125 Appointments
(1) The CEO must appoint public service officers or public service employees as inspectors or inspection officers.
(2) The CEO must appoint an inspector to be chief inspector of coal mines.
s 125 amd 2020 No. 10
s 139 sch 2; 2022 No. 34 s 365 sch 3
126 Qualifications for appointment as inspector
(1) The CEO may appoint a person as an inspector only if the CEO considers the person has appropriate competencies and adequate experience to effectively perform an inspector’s functions under this Act.
(2) The CEO must not appoint under subsection (1) a person who holds a certificate of competency or site senior executive notice unless the person also holds the practising certificate required by the board of examiners to be held by a person holding that board qualification.
s 126 amd 2005 No. 68 s 4; 2020 No. 10
s 139 sch 2; 2024 No. 34 s 47
127 Qualifications for appointment as inspection officer
The CEO may appoint a person as an inspection officer only if the CEO considers the person has appropriate competencies, or other adequate experience, to effectively perform an inspection officer’s functions under this Act.
s 127 amd 2020 No. 10
s 139 sch 2
127A Appointment conditions and limit on powers
(1) A person who is appointed as an inspector or inspection officer holds office on any conditions stated in— (a) the person’s instrument of appointment; or
(b) a signed notice given to the person by the CEO.
(2) The instrument of appointment, a notice given to the person by the CEO or a regulation may limit the person’s functions or powers under this Act for the office.
s 127A ins 2007 No. 46 s 13
amd 2020 No. 10
s 139 sch 2
128 Functions of inspectors and inspection officers
Inspectors and inspection officers have the following functions— (a) to enforce this Act;
(b) to monitor safety and health performance at coal mines;
(c) to inspect and audit coal mines to assess whether risk to persons is at an acceptable level;
(d) to help persons to achieve the purposes of this Act by providing advice and information on how the purposes are to be achieved;
(e) to check that safety and health management systems and procedures are in place to control risk to persons affected by coal mining operations;
(f) to provide the advice and help that may be required from time to time during emergencies at coal mines that may affect the safety or health of persons;
(g) if unsafe practices or conditions at coal mines are detected, to ensure timely corrective or remedial action is being taken and, if not, require it to be taken;
(h) to investigate serious accidents and high potential incidents at coal mines;
(i) to investigate matters at coal mines that affect the successful management of risk to persons;
(j) to investigate complaints about matters relating to safety or health resulting from coal mining operations.
s 128 amd 2008 No. 33 s 42
129 Further function of inspectors
Inspectors also have the function of advising the chief inspector on safety and health at coal mines.
s 129 amd 2005 No. 68 s 5; 2010 No. 17 s 17 sch
sub 2024 No. 34
s 48
Division 2
Authorised officers
pt 9 div 2 hdg ins 2007 No. 46 s 15
129A Appointments
(1) The CEO may appoint public service officers or public service employees as authorised officers.
(2) However, the CEO may only appoint a person as an authorised officer if the person has qualifications or experience relevant to at least 1 of the following areas— (a) occupational hygiene;
(b) ergonomics;
(c) investigating a matter under an Act.
s 129A ins 2007 No. 46 s 15
amd 2020 No. 10
s 139 sch 2; 2022 No. 34 s 365 sch 3
129B Qualifications for appointment as authorised officer
(1) The CEO may only appoint a person as an authorised officer after deciding the functions the person may perform under this Act having regard to the person’s competencies and experience.
(2) If the CEO decides that the functions the person may perform as an authorised officer are limited because of the person’s competencies and experience, the CEO, when appointing the person as an authorised officer, must correspondingly limit the extent to which the person may perform functions or exercise powers as provided under section 129C .
s 129B ins 2007 No. 46 s 15
amd 2020 No. 10
s 139 sch 2
129C Appointment conditions and limit on functions and powers
(1) A person who is appointed as an authorised officer holds office on any conditions stated in— (a) the person’s instrument of appointment; or
(b) a signed notice given to the person by the CEO.
(2) The instrument of appointment, a notice given to the person by the CEO or a regulation may limit the person’s functions or powers under this Act for the office.
(3) An authorised officer is also subject to the directions of the chief inspector in performing the functions or exercising the powers.
(4) This section applies despite any other provision of this Act.
s 129C ins 2007 No. 46 s 15
amd 2020 No. 10
s 139 sch 2
129D Functions of authorised officers
Subject to sections 129B and 129C , authorised officers have the following functions— (a) to monitor safety and health performance at coal mines;
(b) to inspect and audit coal mines to assess whether risk is at an acceptable level;
(c) to help persons to achieve the purposes of this Act by providing advice and information on how the purposes are to be achieved;
(d) to check that safety and health management systems and procedures are in place to control risk to persons affected by coal mining operations;
(e) to investigate serious accidents and high potential incidents at coal mines;
(f) to investigate matters at coal mines that affect the successful management of risk to persons;
(g) to investigate complaints about matters relating to safety or health resulting from coal mining operations;
(h) to investigate whether persons required to provide information to the CEO under this Act have provided the information and whether the information is correct.
s 129D ins 2007 No. 46 s 15
amd 2008 No. 33 s 43; 2008 No. 43 s 3; 2020 No. 10
s 139 sch 2
129E Information about functions and powers
(1) This section applies if before exercising a power or further exercising a power in relation to a person, an authorised officer is asked by the person for information about the authorised officer’s functions or powers under the Act .
(2) The authorised officer may exercise, or continue to exercise, the power in relation to the person only if the authorised officer first produces for the person’s inspection a list of the authorised officer’s functions and powers under the Act .
s 129E ins 2007 No. 46 s 15
Division 3
Identity cards for inspectors, inspection officers and authorised officers
pt 9 div 3 hdg ins 2007 No. 46 s 15
130 Identity cards
(1) The CEO must give each inspector, inspection officer and authorised officer an identity card.
(2) The identity card must— (a) contain a recent photograph of the inspector, inspection officer or authorised officer; and
(b) be signed by the inspector, inspection officer or authorised officer; and
(c) identify the person as an inspector, inspection officer or authorised officer under this Act.
s 130 amd 2007 No. 46 s 16; 2020 No. 10
s 139 sch 2
131 Failure to return identity card
A person who ceases to be an inspector, inspection officer or authorised officer must return the person’s identity card to the CEO as soon as practicable, but within 21 days, after ceasing to be an inspector, inspection officer or authorised officer, unless the person has a reasonable excuse. Maximum penalty—40 penalty points.
s 131 amd 2007 No. 46 s 241 sch; 2020 No. 10
s 139 sch 2
132 Production or display of identity card
(1) An inspector, inspection officer or authorised officer may exercise a power in relation to another person only if the inspector, inspection officer or authorised officer— (a) first produces the inspector’s or officer’s identity card for the other person’s inspection; or
(b) has the identity card displayed so it is clearly visible to the other person.
(2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the inspector, inspection officer or authorised officer must produce the identity card for the other person’s inspection at the first reasonable opportunity.
s 132 amd 2007 No. 46 s 17; 2022 No. 29 s 31 sch 1
Division 4
Powers of inspectors, inspection officers and authorised officers
pt 9 div 4 hdg (prev pt 9 div 2 hdg) renum 2007 No. 46 s 14
sub 2007 No. 46 s 18
Subdivision 1
Preliminary
pt 9 div 4 sdiv 1 hdg ins 2007 No. 46 s 20
132A Definition for div 4
In this division—
officer
means an inspector, an inspection officer or an authorised officer.
s 132A ins 2007 No. 46 s 20
Subdivision 2
Power to enter places
pt 9 div 4 sdiv 2 hdg (prev pt 9 div 4 sdiv 1 hdg) renum 2007 No. 46 s 19
133 Entry to places
(1) An officer may enter a place if— (a) its occupier consents to the entry; or
(b) it is a public place and the entry is made when it is open to the public; or
(c) the entry is authorised by a warrant; or
(d) it is a coal mine; or
(e) it is, or the officer reasonably suspects it is, a workplace.
(2) For subsection (1)(a), for the purpose of asking the occupier of a place for consent to enter, an officer may, without the occupier’s consent or a warrant— (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or
(b) enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.
(3) For subsection (1)(e), an entry may be made with, or without, the consent of the person with management or control of the workplace.
(4) An officer who enters a coal mine or workplace must not unnecessarily impede production.
s 133 amd 2007 No. 46 s 241 sch; 2011 No. 18 s 404 sch 4 pt 2 div 1; 2018 No. 28 s 23
Subdivision 3
Procedure for entry
pt 9 div 4 sdiv 3 hdg (prev pt 9 div 4 sdiv 2 hdg) renum 2007 No. 46 s 19
134 Consent to entry
(1) This section applies if an officer intends to ask an occupier of a place to consent to the officer or another officer entering the place.
(2) Before asking for the consent, the officer must tell the occupier— (a) the purpose of the entry; and
(b) that the occupier is not required to consent.
(3) If the consent is given, the officer may ask the occupier to sign an acknowledgement of the consent.
(4) The acknowledgement must state— (a) the occupier has been told— (i) the purpose of the entry; and
(ii) that the occupier is not required to consent; and
(b) the purpose of the entry; and
(c) the occupier gives the officer or other officer consent to enter the place and exercise powers under this part; and
(d) the time and date the consent was given.
(5) If the occupier signs an acknowledgement, the officer must immediately give a copy to the occupier.
(6) A court must find the occupier did not consent to an officer entering the place under this part if— (a) an issue arises in a proceeding before the court whether the occupier of a place consented to the entry; and
(b) an acknowledgement is not produced in evidence for the entry; and
(c) it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.
s 134 amd 2007 No. 46 s 21
135 Application for warrant
(1) An inspector may apply to a magistrate for a warrant for a place.
(2) The application must be sworn and state the grounds on which the warrant is sought.
(3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.
Example—
The magistrate may require additional information supporting the application to be given by statutory declaration.
136 Issue of warrant
(1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity (the
evidence ) that may provide evidence of an offence against this Act; and
(b) the evidence is at the place, or may be at the place, within the next 7 days.
(2) The warrant must state— (a) that a stated inspector may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and
(ii) exercise the inspector’s powers under this part; and
(b) the offence for which the warrant is sought; and
(c) the evidence that may be seized under the warrant; and
(d) the hours of the day or night when the place may be entered; and
(e) the date, within 14 days after the warrant’s issue, the warrant ends.
137 Special warrants
(1) An inspector may apply for a warrant (a
special warrant ) by phone, fax, radio or another form of communication if the inspector considers it necessary because of— (a) urgent circumstances; or
(b) other special circumstances, including, for example, the inspector’s remote location.
(2) Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.
(3) The inspector may apply for the warrant before the application is sworn.
(4) After issuing the warrant, the magistrate must immediately fax a copy (
facsimile warrant ) to the inspector if it is reasonably practicable to fax the copy.
(5) If it is not reasonably practicable to fax a copy to the inspector— (a) the magistrate must tell the inspector— (i) what the terms of the warrant are; and
(ii) the date and time the warrant was issued; and
(b) the inspector must complete a form of warrant (a
warrant form ) and write on it— (i) the magistrate’s name; and
(ii) the date and time the magistrate issued the warrant; and
(iii) the terms of the warrant.
(6) The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.
(7) The inspector must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and
(b) if the inspector completed a warrant form—the completed warrant form.
(8) On receiving the documents, the magistrate must attach them to the warrant.
(9) A court must find the exercise of the power by an inspector was not authorised by a special warrant if— (a) an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and
(b) the warrant is not produced in evidence; and
(c) it is not proved by the person relying on the lawfulness of the entry that the inspector obtained the warrant.
s 137 amd 2002 No. 25 s 12
138 Warrants—procedure before entry
(1) This section applies if an inspector named in a warrant issued under this part for a place is intending to enter the place under the warrant.
(2) Before entering the place, the inspector must do or make a reasonable attempt to do the following things— (a) identify themself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s notice of appointment or other document evidencing the appointment;
(b) give the person a copy of the warrant or if the entry is authorised by a facsimile warrant or warrant form mentioned in section 137 (6), a copy of the facsimile warrant or warrant form;
(c) tell the person the inspector is permitted by the warrant to enter the place;
(d) give the person an opportunity to allow the inspector immediate entry to the place without using force.
(3) However, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.
s 138 amd 2024 No. 34 s 49
138A Entry to residential premises
Despite anything else in this division, the powers of an officer under this division in relation to entering a place are not exercisable in relation to any part of a place that is used for residential purposes other than— (a) with the consent of the person with the management or control of the place; or
(b) under the authority conferred by a search warrant; or
(c) for the purpose only of gaining access to a suspected workplace, but only— (i) if the officer reasonably believes no reasonable alternative access is available; and
(ii) at a reasonable time having regard to the times at which the officer believes work is being carried out at the place to which access is sought; or
(d) if the place is a coal mine.
s 138A ins 2018 No. 28
s 24
Subdivision 4
General powers
pt 9 div 4 sdiv 4 hdg (prev pt 9 div 4 sdiv 3 hdg) renum 2007 No. 46 s 19
139 General powers after entering coal mine or other places
(1) This section applies to an officer who enters a coal mine or other place.
(2) However, if an officer enters a place to get the occupier’s consent to enter premises, this section applies to the officer only if the consent is given or the entry is otherwise authorised.
(3) For monitoring and enforcing compliance with this Act, or for conducting an investigation under this Act, the officer may— (a) search any part of the coal mine or other place; or
(b) inspect, measure, test, photograph or film any part of the coal mine or other place or anything at the coal mine or other place; or
(c) take a thing, or a sample of or from a thing, at the coal mine or other place for analysis or testing; or
(d) copy a document at the coal mine or other place; or
(e) take into or onto the coal mine or other place any persons, equipment and materials the officer reasonably requires for exercising a power under this division; or
(f) require a person at the coal mine or other place, to give the officer reasonable help to exercise the officer’s powers under paragraphs (a) to (e); or
(g) require a person at the coal mine or other place, to answer questions by the officer to help the officer ascertain whether this Act is being or has been complied with, or for the purpose of conducting an investigation under this Act.
(4) When making a requirement mentioned in subsection (3)(f) or (g), the officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.
s 139 amd 2007 No. 46 s 22; 2008 No. 33 s 44
140 Failure to help officer
A person required to give reasonable help under section 139 (3)(f) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.
s 140 amd 2007 No. 46 s 241 sch
141 Failure to answer questions
(1) A person of whom a requirement is made under section 139 (3)(g) must not, unless the person has a reasonable excuse, fail to comply with a requirement to answer a question. Maximum penalty—40 penalty units.
(2) It is a reasonable excuse for an individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual or make the individual liable to a penalty.
(3) However, subsection (2) does not apply if the requirement relates to a serious accident or high potential incident.
s 141 amd 2011 No. 2 s 13
142 Site senior executive must help officer
(1) An officer may require a site senior executive to help the officer in the performance of the officer’s functions.
(2) A site senior executive required to help an officer must comply with the requirement, unless the site senior executive has a reasonable excuse. Maximum penalty—100 penalty units.
s 142 amd 2007 No. 46 s 23
Subdivision 5
Power to seize evidence
pt 9 div 4 sdiv 5 hdg (prev pt 9 div 4 sdiv 4 hdg) renum 2007 No. 46 s 19
143 Seizing evidence at coal mine or other place
An officer who enters a coal mine or other place under this part may seize a thing at the coal mine or other place if the officer reasonably believes the thing is evidence of an offence against this Act.
s 143 amd 2007 No. 46 s 24
144 Securing things after seizure
Having seized a thing, an officer may— (a) move the thing from the place where it was seized (the
place of seizure ); or
(b) leave the thing at the place of seizure, but take reasonable action to restrict access to it.
Examples of restricting access to a thing—
1 sealing a thing and marking it to show access to it is restricted
2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted
s 144 amd 2007 No. 46 s 241 sch
145 Tampering with things subject to seizure
If an officer restricts access to a thing seized, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an officer’s approval. Maximum penalty—100 penalty units.
s 145 amd 2007 No. 46 s 25
146 Powers to support seizure
(1) To enable a thing to be seized, an officer may require the person in control of it— (a) to take it to a stated reasonable place by a stated reasonable time; and
(b) if necessary, to remain in control of it at the stated place for a reasonable time.
(2) The requirement— (a) must be made by notice; or
(b) if for any reason it is not practicable to give notice, may be made orally and confirmed by notice as soon as practicable.
(3) A person of whom the requirement is made must comply with the requirement, at the person’s expense, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.
(4) A further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.
s 146 amd 2007 No. 46 s 241 sch
147 Receipts to be given on seizure
(1) As soon as practicable after an officer seizes a thing, the officer must give a receipt for it to the person from whom it was seized.
(2) However, if for any reason it is not practicable to comply with subsection (1), the officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.
(3) The receipt must describe generally each thing seized and its condition.
(4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.
s 147 amd 2007 No. 46 s 241 sch
148 Forfeiture
(1) A thing that has been seized under this subdivision is forfeited to the State if the officer who seized the thing— (a) can not find its owner, after making reasonable inquiries; or
(b) can not return it to its owner, after making reasonable efforts.
(2) In applying subsection (1)— (a) subsection (1)(a) does not require the officer to make inquiries if it would be unreasonable in the particular circumstances to make inquiries to find the owner; and
(b) subsection (1)(b) does not require the officer to make efforts if it would be unreasonable in the particular circumstances to make efforts to return the thing to its owner.
(3) Regard must be had to a thing’s nature, condition and value in deciding— (a) whether it is reasonable to make inquiries or efforts; and
(b) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.
s 148 amd 2007 No. 46 s 241 sch
149 Return of seized things
(1) This section applies if a seized thing has some intrinsic value and is not forfeited.
(2) If the thing is not returned to its owner within 1 year after it was seized, the owner may apply to the chief inspector for its return.
(3) Within 30 days after receiving the application, the chief inspector must— (a) if the chief inspector is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner written notice of the decision, including the grounds for retaining the thing; or
(b) otherwise—return the thing to the owner.
(4) If, at any time after the thing was seized, the chief inspector stops being satisfied there are reasonable grounds for retaining it, the chief inspector must return it to its owner.
(5) Without limiting subsections (3) and (4), there are reasonable grounds for retaining the thing if— (a) the thing is being, or is likely to be, examined; or
(b) the thing is needed, or may be needed, for the purposes of— (i) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or
(ii) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that has been started but not completed; or
(iii) an appeal from a decision in a proceeding for an offence against this Act; or
(c) it is not lawful for the owner to possess the thing.
(6) In this section—
examine
includes analyse, test, measure, weigh, grade, gauge and identify.
owner , of a seized thing, includes a person who would be entitled to possession of the thing had it not been seized.
s 149 amd 2000 No. 18 s 9; 2007 No. 46 s 241 sch
sub 2014 No. 64 s 208A
150 Access to things that have been seized
(1) Until a thing that has been seized is forfeited or returned, an officer must allow its owner to inspect it and, if it is a document, to copy it.
(2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.
(3) For this section, if an officer has required a person to take a thing to a stated place by a stated reasonable time under section 146 the officer may require the person to return the thing to the place from which it was taken.
(4) The person must return the thing at the person’s expense.
s 150 amd 2007 No. 46 s 26
Subdivision 6
Power to stop and secure plant and equipment
pt 9 div 4 sdiv 6 hdg (prev pt 9 div 4 sdiv 5 hdg) renum 2007 No. 46 s 19
151 Officer may stop and secure plant and equipment
(1) If an officer believes plant or equipment at a coal mine is likely to cause serious bodily injury or create an immediate threat to health, the officer may stop the operation of the plant or equipment and prevent it from being further operated.
(2) If an officer has taken action under subsection (1), the officer must confirm the action by entry in the mine record.
(3) The site senior executive must ensure that the plant or equipment is not returned to operation until the risk to persons from the plant or equipment is at an acceptable level. Maximum penalty for subsection (3)—200 penalty units.
s 151 amd 2007 No. 46 s 27
Subdivision 7
Power to obtain information
pt 9 div 4 sdiv 7 hdg (prev pt 9 div 4 sdiv 6 hdg) renum 2007 No. 46 s 19
152 Power to require personal details
(1) This section applies if an officer— (a) finds a person committing an offence against this Act; or
(b) finds a person in circumstances that lead the officer to reasonably suspect the person has just committed an offence against this Act; or
(c) has information that leads the officer to reasonably suspect a person has just committed an offence against this Act.
(2) The officer may require the person to state the person’s name and residential address.
(3) The officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to— (a) be in possession of evidence of the correctness of the stated name or address; or
(b) otherwise be able to give the evidence.
(4) When making a requirement under this section, the officer must give the person an offence warning for the requirement.
(5) In this section—
offence warning , for a requirement by an officer, means a warning that, without a reasonable excuse, it is an offence for the person of whom the requirement is made not to comply with the requirement.
reasonably suspect
means suspect on grounds that are reasonable in the circumstances.
s 152 amd 2007 No. 46 s 241 sch
sub 2024 No. 34 s 50
153 Offence to contravene personal details requirement
(1) A person of whom a requirement is made under section 152 must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—100 penalty units.
(2) A person may not be convicted of an offence against subsection (1) unless the person is found guilty of the offence in relation to which the requirement under section 152 was made.
s 153 amd 2007 No. 46 s 241 sch
sub 2024 No. 34 s 50
154 Power to require production of documents
(1) An officer may require a person who has a safety and health obligation under this Act to make available, or produce, for inspection by the officer at a reasonable time and place nominated by the officer, a document to which the person has access that relates or is related to the person’s obligations under this Act.
(2) The officer may keep the document to copy it.
(3) If the officer copies the document, or an entry in the document, the officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.
(4) The officer must return the document to the person as soon as practicable after copying it.
(5) However, if a requirement (
document certification requirement ) is made of a person under subsection (3), the officer may keep the document until the person complies with the requirement.
(6) Also, the officer may keep the document if the officer believes it is required for the investigation of a serious accident or high potential incident.
(6A) If an officer keeps a document under subsection (6), the officer must give a copy of the document to the person responsible for keeping the document.
(7) A requirement under subsection (1) is a
document production requirement .
(8) When making a document production requirement or document certification requirement, an officer must warn the person of whom the requirement is made that it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.
s 154 amd 2007 No. 46 s 28; 2011 No. 2 s 14
155 Failure to produce document
(1) A person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—200 penalty units.
(2) It is not a reasonable excuse to fail to produce the document that producing the document might incriminate the person or make the person liable to a penalty.
s 155 amd 2007 No. 46 s 241 sch; 2011 No. 2 s 15
156 Failure to certify copy of document
A person of whom a document certification requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.
157 Power to require attendance of persons before an officer to answer questions
(1) An officer may require a person to attend before the officer and to answer questions— (a) relevant to the discharge of the person’s safety and health obligations under this Act; or
(b) on safety and health matters relevant to coal mining operations; or
(c) to ascertain whether this Act is being complied with; or
(d) relevant to any action carried out by the officer under this Act.
(2) A requirement made of a person under this section to attend before an officer must— (a) be made by notice given to the person; and
(b) state a reasonable time and place for the person’s attendance.
(3) When making a requirement under this section, the officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.
s 157 amd 2007 No. 46 s 241 sch
158 Failure to comply with requirement about attendance
(1) A person of whom a requirement is made under section 157 must not, unless the person has a reasonable excuse— (a) fail to attend before the officer at the time and place stated in the relevant notice; or
(b) when attending before the officer fail to comply with a requirement to answer a question.
Maximum penalty—40 penalty units.
(2) It is a reasonable excuse for an individual not to comply with a requirement to answer a question if complying with the requirement might tend to incriminate the individual or make the individual liable to a penalty.
(3) However, subsection (2) does not apply if the requirement relates to a serious accident or high potential incident.
s 158 amd 2007 No. 46 s 241 sch; 2011 No. 2 s 16
159 Use of particular evidence in proceedings
(1) Subsection (2) applies in relation to any answer given by an individual in response to a requirement under section 139 (3)(g) or 157 (1).
(2) Neither the answer nor any information, document or other thing obtained as a direct or indirect result of the answer is admissible in any proceeding against the individual, other than a proceeding in which the falsity or misleading nature of the answer is relevant.
(3) If a document, produced under a document production requirement, is the personal property of an individual of whom the requirement is made and the document might incriminate the individual or make the individual liable to a penalty— (a) the document is admissible in a proceeding against the individual for an offence under this Act; but
(b) neither the document nor anything obtained as a direct or indirect result of the individual producing the document is admissible in any other proceeding against the individual for an offence.
s 159 amd 2007 No. 46 s 241 sch
sub 2011 No. 2 s 17
Subdivision 8
Additional powers of chief inspector
pt 9 div 4 sdiv 8 hdg (prev pt 9 div 4 sdiv 7 hdg) renum 2007 No. 46 s 19
160 Additional powers of chief inspector
The chief inspector has the powers of an inspector and the following additional powers— (a) to give a directive under section 167 ;
(b) to review, and confirm, vary or set aside, directives given by inspectors, inspection officers or industry safety and health representatives.
s 160 amd 2005 No. 68 s 6; 2024 No. 34 s 51
Division 5
Directives
pt 9 div 5 hdg (prev pt 9 div 3 hdg) renum 2007 No. 46 s 14
amd 2024 No. 34 s 52
Subdivision 1
Preliminary
pt 9 div 5 sdiv 1 hdg sub 2024 No. 34
s 54
161 Definition for division
In this division—
authorised official
means—
(a) the chief inspector; or
(b) any other inspector; or
(c) an inspection officer; or
(d) an industry safety and health representative.
s 161 sub 2024 No. 34
s 54
Subdivision 2
Power to give directives
pt 9 div 5 sdiv 2 hdg sub 2024 No. 34
s 54
162 Directive may be given
An authorised official may give a directive under subdivision 3 or 4 .
s 162 sub 2024 No. 34
s 54
Subdivision 3
Directives relating to acceptable level of risk
pt 9 div 5 sdiv 3 hdg sub 2024 No. 34
s 54
163 When directive may be given
(1) A directive may be given under this section if an authorised official believes a risk from coal mining operations at a coal mine— (a) is at an unacceptable level; or
(b) may reach an unacceptable level.
(2) The directive may require a person who has a safety and health obligation in relation to the coal mine to do 1 or more of the following— (a) suspend coal mining operations in all or part of the coal mine;
(b) take action stated in the directive, including, for example— (i) to review the safety and health management system or a principal hazard management plan to ensure the system or plan is effective; or
(ii) to carry out a test to decide whether a risk is at an unacceptable level.
(3) A directive to suspend coal mining operations under subsection (2)(a) because of a risk mentioned in subsection (1)(a) may be given by— (a) an inspector; or
(b) an inspection officer; or
(c) an industry safety and health representative.
(4) A directive to suspend coal mining operations under subsection (2)(a) because of a risk mentioned in subsection (1)(b) may be given by— (a) an inspector; or
(b) an industry safety and health representative.
(5) A directive to take action stated in the directive under subsection (2)(b) may be given by— (a) an inspector; or
(b) an inspection officer.
(6) Despite subsection (5), only an inspector may give a directive under subsection (2)(b) that relates to— (a) a review of the safety and health management system or a principal hazard management plan; or
(b) the carrying out of a test to decide whether a risk is at an unacceptable level.
s 163 sub 2024 No. 34
s 54
Subdivision 4
Directives relating to other matters
pt 9 div 5 sdiv 4 hdg ins 2024 No. 34
s 54
164 Directive to ensure task performed only by coal mine worker with competency
(1) This section applies if an inspector believes a particular task at a coal mine should be performed only by persons with a particular competency.
(2) The inspector may give the coal mine operator for the coal mine a directive that the task be performed only by a coal mine worker with the competency.
s 164 sub 2024 No. 34
s 54
165 Directive to isolate site to preserve evidence
(1) This section applies if an inspector believes evidence relating to a serious accident or high potential incident at a coal mine needs to be preserved.
(2) The inspector may give a directive to a person to isolate and protect the site of the accident or incident.
s 165 sub 2024 No. 34
s 54
166 Directive to operate part of surface mine as separate part
(1) Subsection (2) applies if an inspector believes part of a surface mine that was taken to be a separate part of a surface mine under section 21 (4) is being operated in a way that makes it no longer a separate part of a surface mine under section 21 (4).
(2) The inspector may give a directive to the coal mine operator for the coal mine to operate the part of the surface mine so that it is a separate part of a surface mine under section 21 (4).
(3) Subsection (4) applies if an inspector believes the coal mine operator for a coal mine has not complied with a directive given under subsection (2).
(4) The inspector may give the coal mine operator for the coal mine a directive to suspend operations in the part of the surface mine to which the directive given under subsection (2) applied.
s 166 sub 2024 No. 34
s 54
167 Directive to give report to chief inspector
(1) The chief inspector may give a directive to a person who has a safety and health obligation in relation to a coal mine to give the chief inspector a report about— (a) risks from coal mining operations at the coal mine; or
(b) the safety of part or all of any plant, building or structure at the coal mine; or
(c) a serious accident or high potential incident at the coal mine.
(2) The directive must state— (a) the objectives of the report; and
(b) that the person who prepares the report must be a person approved by the chief inspector.
(3) For subsection (2)(b), the chief inspector may approve a person only if the person— (a) has professional qualifications and experience relevant to preparing the report; and
(b) is not an employee of the coal mine operator for the coal mine or of a contractor for the coal mine.
(4) A report prepared under this section is not admissible in evidence against a site senior executive for a coal mine, or any other coal mine worker or ROC worker mentioned in the report, in a criminal proceeding other than a proceeding about the falsity or misleading nature of the report.
s 167 sub 2024 No. 34
s 54
Subdivision 5
How directives given
pt 9 div 5 sdiv 5 hdg ins 2024 No. 34
s 54
168 Contents of directive
A directive given to a person under subdivision 3 or 4 must state the following matters— (a) the action required under the directive;
(b) the grounds for the directive;
(c) a stated reasonable period within which the person must comply with the directive;
(d) if the directive is given by an inspector (other than the chief inspector), an inspection officer or an industry safety and health representative—that the person has a right to have the directive reviewed by the chief inspector under subdivision 8 ;
(e) if the directive is given by the chief inspector—that the person has a right to appeal against the directive under part 14 , division 2 ;
(f) how, and the period within which, the person may apply for review of, or appeal against, the directive.
s 168 sub 2024 No. 34
s 54
169 Directive may be given orally or by notice
(1) A directive under subdivision 3 or 4 may be given to a person orally or by notice.
(2) However, if a directive is given to a person orally, the directive must be confirmed by notice given to the person as soon as reasonably practicable after the directive is given.
(3) A copy of a notice given under subsection (1) or (2) must be given to— (a) the site senior executive for the coal mine, or part of the coal mine, to which the directive relates; and
(b) the person in control of the coal mine, or part of the coal mine, to which the directive relates.
(4) Failure to comply with subsection (2) or (3) does not affect the validity of the directive.
(5) Also, a directive is not invalid only because of— (a) a formal defect or irregularity in a notice given under this section unless the defect or irregularity causes or is likely to cause substantial injustice; or
(b) a failure to use the correct name of a person in a notice given under this section if the notice sufficiently identifies the person.
s 169 sub 2024 No. 34
s 54
170
Withdrawal of directive
A directive given under subdivision 3 or 4 may be withdrawn by notice given by— (a) for a directive given by the chief inspector—the chief inspector; or
(b) for a directive given by an inspector other than the chief inspector—the inspector or another inspector; or
(c) for a directive given by an inspection officer—the inspection officer or an inspector; or
(d) for a directive given by an industry safety and health representative—the industry safety and health representative or an inspector.
Note—
See also section 160 .
s 170 sub 2024 No. 34
s 54
Subdivision 6
Compliance with directives
pt 9 div 5 sdiv 6 hdg ins 2024 No. 34
s 54
171
Person must comply with directive
A person to whom a directive is given under subdivision 3 or 4 must comply with the directive within the period stated in the directive. Maximum penalty—800 penalty units or 2 years imprisonment.
s 171 sub 2024 No. 34
s 54
Subdivision 7
Records
pt 9 div 5 sdiv 7 hdg ins 2024 No. 34
s 54
172
Authorised official must keep record of directive
(1) This section applies if an authorised official gives a directive under subdivision 3 or 4 .
(2) The authorised official must keep an accurate record of the directive for at least 7 years after the directive is given.
s 172 sub 2024 No. 34
s 54
173
Directive must be entered in mine record
(1) This section applies if an authorised official gives a directive relating to a coal mine under subdivision 3 or 4 .
(2) The authorised official must, as soon as reasonably practicable after giving the directive— (a) enter in the mine record the directive; and
(b) state in the mine record the reason for the directive.
(3) The site senior executive for the coal mine must enter in the mine record the action taken to comply with the directive as soon as practicable after taking the action. Maximum penalty—40 penalty units.
s 173 amd 2007 No. 46 s 29
sub 2024 No. 34
s 54
174
Coal mine workers must have access to directives
The site senior executive for a coal mine must make a copy of a directive given under subdivision 3 or 4 relating to the coal mine available for inspection by coal mine workers at the coal mine for at least 7 years after the directive is given. Maximum penalty—40 penalty units.
s 174 amd 2002 No. 25 s 13
sub 2024 No. 34
s 54
174A
Authorised official must keep record of report
(1) This section applies if an authorised official gives a report to a person under this Act.
(2) The authorised official must keep an accurate record of the report for at least 7 years after the report is given to the person.
s 174A ins 2024 No. 34
s 54
174B
Authorised official must keep record of inspection of coal mine
(1) This section applies if an authorised official inspects a coal mine under this Act.
(2) The authorised official must— (a) make a written report about the inspection; and
(b) give a copy of the report to the coal mine operator, and site senior executive, for the coal mine.
s 174B ins 2024 No. 34
s 54
Subdivision 8
Review of directives
pt 9 div 5 sdiv 8 hdg (prev pt 9 div 5 sdiv 4 hdg) renum 2024 No. 34
s 53
175 Application for review
A person given a directive under division 5 , subdivision 3 or 4 by an authorised official (other than the chief inspector) may apply under this division for the directive to be reviewed.
s 175 amd 2024 No. 34 s 55
176 Procedure for review
(1) The application must— (a) be made in writing to the chief inspector; and
(b) be supported by enough information to allow the chief inspector to decide the application.
(2) The application must be made to the chief inspector within— (a) 7 days after the day on which the person received the directive; or
(b) the longer period, within 2 months after the day, the chief inspector in special circumstances allows.
(3) The chief inspector must consider the application within 7 days after receiving it and immediately advise the applicant in writing whether the chief inspector considers the applicant has complied with subsection (1).
(4) If the chief inspector does not consider the application is supported by enough information to allow the chief inspector to decide the application, the chief inspector must advise the applicant what further information the chief inspector requires.
(5) When the chief inspector is satisfied the applicant has complied with subsection (1), the chief inspector must immediately advise the applicant in writing of that fact.
177 Review of directive
(1) The chief inspector must, within 14 days after giving the advice mentioned in section 176 (5), review the directive and make a decision (the
review decision )— (a) to confirm the directive appealed against; or
(b) to vary or set aside the directive appealed against.
(2) The chief inspector may give a directive in substitution for a directive the chief inspector decides to set aside.
(3) Within 7 days after making the review decision, the chief inspector must give notice of the decision to the applicant.
(4) The notice must— (a) include the reasons for the review decision; and
(b) if the notice does not set aside the directive, tell the applicant of the applicant’s right of appeal against the decision.
(5) If the chief inspector does not— (a) review the directive within the time allowed under subsection (1); or
(b) having reviewed the directive, advise the applicant of the review decision within the time allowed under subsection (3);
the applicant may appeal against the directive under part 14 .
178 Stay of operation of directive
(1) If a person applies under this division for a directive to be reviewed, the person may immediately apply to the Industrial Court for a stay of the directive.
(2) The court may stay the directive to secure the effectiveness of the review and any later appeal to the court.
(3) A stay— (a) may be given on conditions the court considers appropriate; and
(b) operates for the period fixed by the court; and
(c) may be revoked or amended by the court.
(4) The period of a stay must not extend past the time when the chief inspector reviews the directive and any later period the court allows the person to enable the person to appeal against the decision.
(5) An application made for a review of a directive affects the directive, or the carrying out of the directive, only if the directive is stayed.
(6) However, a directive under section 163(2)(a) must not be stayed.
s 178 amd 2024 No. 34
s 56
Division 6
General enforcement offences
pt 9 div 6 hdg (prev pt 9 div 4 hdg) renum 2007 No. 46 s 14
179 False or misleading statements
(1) A person must not state anything to an inspector, inspection officer, authorised officer or industry safety and health representative the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.
(2) It is enough for a complaint for an offence against subsection (1) to allege and prove that the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.
s 179 amd 2007 No. 46 s 30
180 False or misleading documents
(1) A person must not give an inspector, inspection officer, authorised officer or industry safety and health representative a document containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.
(2) Subsection (1) does not apply to a person if the person, when giving the document— (a) tells the inspector, inspection officer, authorised officer or industry safety and health representative, to the best of the person’s ability, how it is false or misleading; and
(b) if the person has, or can reasonably obtain, the correct information—gives the correct information.
(3) Also, a person must not make an entry in a document required or permitted to be made or kept under this Act knowing the entry to be false or misleading in a material particular. Maximum penalty—100 penalty units.
(4) It is enough for a complaint for an offence against subsection (1) or (3) to allege and prove that the document or entry was ‘false or misleading’ to the person’s knowledge, without specifying which.
s 180 amd 2007 No. 46 s 31
181 Obstructing inspectors, officers or industry safety and health representatives
(1) A person must not obstruct an inspector, inspection officer, authorised officer or industry safety and health representative in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—500 penalty units.
(2) If a person has obstructed an inspector, inspection officer, authorised officer or industry safety and health representative and the inspector, officer or representative decides to proceed with the exercise of the power, the inspector, officer or representative must warn the person that— (a) it is an offence to obstruct the inspector, officer or representative, unless the person has a reasonable excuse; and
(b) the inspector, officer or representative considers the person’s conduct an obstruction.
s 181 amd 2007 No. 46 s 32; 2018 No. 28 s 25; 2024 No. 34 s 57
Part 10
Board of examiners
Division 1
Preliminary
pt 10 div 1 hdg sub 2024 No. 34 s 58
182 Purposes of pt 10
The main purposes of this part are to provide for a board of examiners and to state its functions.
182A
Definition for part
In this part—
board qualification
means—
(a) a certificate of competency; or
(b) a site senior executive notice; or
(c) a practising certificate.
s 182A ins 2024 No. 34
s 59
Division 2
Board of examiners and its functions
183 Inspector for pt 10
In this part—
inspector
includes an inspector appointed under the
Mining and Quarrying Safety and Health Act 1999 .
184 Board of examiners
The board of examiners is established.
185 Functions of board of examiners
The board of examiners has the following functions— (a) to decide the competencies necessary for holders of certificates of competency;
(b) to assess applicants, or have applicants assessed, for certificates of competency;
(c) to grant certificates of competency to persons who have demonstrated to the board’s satisfaction the appropriate competencies necessary to hold the certificates;
(d) to ensure the competencies under this Act are consistent with the competencies required by other States for the holders of certificates of competency;
(e) to issue notices (
site senior executive notices ) to persons who have demonstrated to the board’s satisfaction the safety and health competencies, recognised by the committee under section 76A (a), required to perform the duties of a site senior executive for a coal mine;
(f) to develop and administer a scheme for the continuing professional development of holders of certificates of competency or site senior executive notices, including, for example— (i) deciding the type of continuing professional development required; and
(ii) deciding the minimum continuing professional development particular holders must undertake; and
(iii) issuing practising certificates to holders who have completed the required continuing professional development; and
(iv) renewing practising certificates of holders who have completed the required continuing professional development;
(g) to perform other functions given to the board under this Act or the
Mining and Quarrying Safety and Health Act 1999 .
s 185 amd 2010 No. 17 s 23; 2018 No. 28
s 26 ; 2020 No. 10
s 139 sch 2; 2024 No. 34 s 60
185A
Minister’s power to give directions in public interest
(1) The Minister may give the board of examiners a written direction about a matter relevant to the performance of the board’s functions under this Act if the Minister is satisfied it is necessary, and in the public interest, to give the direction.
(2) Without limiting subsection (1), the direction may be— (a) to give the Minister reports and information; or
(b) to apply a policy, standard or other instrument applying to a public sector unit.
(3) The direction can not be about any of the following— (a) issuing, or refusing to issue, a board qualification;
(b) renewing, or refusing to renew, a board qualification;
(c) otherwise amending, suspending or cancelling a board qualification.
(4) The board of examiners must comply with the direction.
s 185A ins 2024 No. 34
s 61
186 Membership
(1) The board of examiners is to consist of a chairperson and at least the following other persons (each a
member )— (a) at least 1 person with demonstrated expertise in the assessment of technical or safety competencies;
(b) the following inspectors—
(i) the chief inspector;
(ii) the chief inspector of mines under the
Mining and Quarrying Safety and Health Act 1999 ;
(iii) at least 1 inspector who holds a first class certificate of competency for an underground coal mine and a practising certificate relating to the certificate of competency;
(iv) at least 1 inspector who holds a first class certificate of competency for an underground mine, and a practising certificate relating to the certificate of competency, under the
Mining and Quarrying Safety and Health Act 1999 ;
(c) at least 1 person who— (i) is employed by a coal mine operator; and
(ii) holds a first class certificate of competency for an underground coal mine and a practising certificate relating to the certificate of competency;
(d) at least 1 person who— (i) is employed by an operator under the
Mining and Quarrying Safety and Health Act 1999 ; and
(ii) holds a first class certificate of competency for an underground mine, and a practising certificate relating to the certificate of competency, under the
Mining and Quarrying Safety and Health Act 1999 .
(2) The chairperson— (a) must be appropriately qualified to perform the functions of chairperson of the board of examiners; and
(b) must not be currently engaged in the mining industry.
(3) All members, other than the chairperson or a member mentioned in subsection (1)(a), must— (a) be currently engaged in the mining industry; and
(b) have at least 10 years’ practical experience in the mining industry; and
(c) hold a certificate of competency under this Act or the
Mining and Quarrying Safety and Health Act 1999 ; and
(d) hold the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (c).
(4) For subsection (3)(a), the following persons are taken to be currently engaged in the mining industry— (a) an inspector;
(b) an industry safety and health representative;
(c) a district workers’ representative under the
Mining and Quarrying Safety and Health Act 1999 .
(5) A member, other than a member mentioned in subsection (1)(b)(i) or (ii), may be appointed for a term of not more than 5 years.
s 186 amd 2000 No. 18 s 10; 2010 No. 17 s 24; 2018 No. 28
s 27
sub 2024 No. 34 s 62
187 Board of examiners to appoint secretary
The board of examiners must appoint a person to be secretary to the board.
188 Appointment of board of examiners
(1) The members of the board of examiners, other than the members mentioned in section 186 (1)(b)(i) and (ii), are to be appointed by the Governor in Council by gazette notice.
(2) The members who are not inspectors are appointed under this Act and not the
Public Sector Act 2022 .
s 188 amd 2009 No. 25 s 83 sch; 2018 No. 28 s 28; 2022 No. 34 s 365 sch 3; 2024 No. 34
s 63
189 Quorum and voting at meetings of the board
At a meeting of the board of examiners— (a) a quorum consists of half the number of members appointed to the board or, if that number is not a whole number, the next higher whole number; and
(b) a question must be decided by a majority of the votes of the members present and voting; and
(c) each member present has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.
190 Presiding at meetings of the board of examiners
(1) The chairperson must preside at all meetings of the board of examiners at which the chairperson is present.
(2) In the absence of the chairperson, an inspector nominated by the chairperson presides.
(3) The inspector nominated under subsection (2) must be a member of the board of examiners.
(4) If the chairperson does not nominate an inspector under subsection (2), the chief inspector presides.
s 190 amd 2024 No. 34 s 64
191 Conditions of appointment
(1) A member of the board of examiners, other than a member who is an inspector, is entitled to be paid the fees and allowances decided by the Governor in Council.
(2) A member holds office on conditions not provided by this Act that are decided by the Minister.
192 Proceedings of the board of examiners
(1) The way the board of examiners is to conduct its proceedings may be prescribed under a regulation.
(2) If the way the board is to conduct its proceedings is not prescribed, the board may conduct its proceedings in the way it considers appropriate.
193 Subcommittees
The board may appoint subcommittees to advise it on particular issues.
s 193 sub 2010 No. 17 s 25
Division 3
General
193A Register to be kept by board of examiners
(1) The board of examiners must keep a register of— (a) certificates of competency granted by the board; and
(b) site senior executive notices issued by the board; and
(c) practising certificates issued by the board; and
(d) notices of registration given by the board under a mutual recognition Act.
(2) The register must include the following information— (a) for a board qualification— (i) the name and contact details of the holder of the qualification; and
(ii) details of the qualification; and
(iii) the status of the qualification, including, if it has been suspended, cancelled or surrendered under this Act, details of the suspension, cancellation or surrender;
(b) for a notice mentioned in subsection (1)(d)—the name and contact details of the person to whom the notice was given;
(c) any other information prescribed by regulation.
(3) The board of examiners may disclose information in the register, other than the contact details of an individual, to any person or agency.
s 193A ins 2018 No. 28
s 29
amd 2024 No. 34
s 65
194 Examiners to be qualified
A person must not assess an applicant for a certificate of competency unless the person has appropriate qualifications and experience to assess the applicant. Maximum penalty—100 penalty units.
194A Board of examiners may consider previous suspension, cancellation or surrender of board qualification
(1) This section applies if— (a) a person has applied for the grant of a board qualification; and
(b) a board qualification previously held by the person was suspended, cancelled or surrendered under this Act.
(2) The board of examiners may have regard to the previous suspension, cancellation or surrender in deciding the application.
(3) Subsection (2) does not limit the matters to which the board of examiners may have regard in deciding the application.
s 194A ins 2018 No. 28
s 30
amd 2024 No. 34 s 66
195 Obtaining board qualifications by fraud
(1) A person must not become, or attempt to become, the holder of a board qualification by giving false information to the board of examiners. Maximum penalty—400 penalty units.
(2) The board of examiners may cancel a board qualification by notice to the holder if the board is satisfied the holder obtained the qualification by giving false information to the board.
(3) If the board of examiners decides to cancel a board qualification, the board must give notice of the decision to the following persons, to the extent the persons are known to the board— (a) for a decision relating to a certificate of competency—the site senior executive for each coal mine at which the holder works;
(b) for a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the holder works;
(c) for a decision relating to a practising certificate held by a site senior executive—the coal mine operator for each coal mine at which the holder works;
(d) for a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each coal mine at which the holder works.
s 195 amd 2018 No. 28
s 31 ; 2024 No. 34
s 67
196 Return of board qualification
The holder of a board qualification must, unless the holder has a reasonable excuse, immediately return the qualification to the board of examiners if— (a) the board has given the holder notice under section 195 (2); or
(b) a Magistrates Court suspends or cancels the qualification under section 258 ; or
(c) the CEO suspends or cancels the qualification under part 10A ; or
(d) the holder surrenders the qualification.
Maximum penalty—400 penalty units.
s 196 amd 2018 No. 28 s 32; 2020 No. 10
s 139 sch 2; 2024 No. 34 s 68
196A Effect on particular appointments of suspension, cancellation or surrender of board qualification
(1) This section applies if— (a) a board qualification held by a person is suspended, cancelled or surrendered under this Act; and
(b) immediately before the suspension, cancellation or surrender took effect, the person held an appointment under this Act; and
(c) this Act requires a person to hold the board qualification to be appointed to the position.
(2) The person’s appointment to the position ends on the suspension, cancellation or surrender of the person’s board qualification.
s 196A ins 2018 No. 28
s 33
amd 2024 No. 34
s 69
197 Annual report
(1) As soon as practicable, but within 4 months, after the end of each financial year, the board of examiners must prepare and give to the Minister a report on the board’s operations for the year.
(2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving it.
Part 10A
Suspension and cancellation of board qualifications by CEO
pt 10A hdg ins 2018 No. 28 s 34
amd 2020 No. 10
s 139 sch 2; 2024 No. 34
s 70
197A Grounds for suspension or cancellation
(1) Each of the following is a ground for suspending or cancelling a person’s certificate of competency under this part— (a) the person has contravened a safety and health obligation;
(b) the person has committed an offence against a law of Queensland or another State (a
corresponding law ) relating to mining safety;
(c) a certificate, equivalent to a certificate of competency, that was issued to the person under a corresponding law of another State has been suspended or cancelled.
(2) Each of the following is a ground for suspending or cancelling a person’s site senior executive notice under this part— (a) the person has contravened a safety and health obligation;
(b) the person has committed an offence against a corresponding law.
(3) The only ground for suspending or cancelling a person’s practising certificate under this part is that the person has failed to complete the requirements of the board of examiners to hold the certificate.
s 197A ins 2018 No. 28 s 34
amd 2024 No. 34
s 71
197B Notice of proposed action
(1) This section applies if the CEO considers there is a ground to suspend or cancel a person’s board qualification (the
proposed action ).
(2) Before taking the proposed action, the CEO must give the person a notice (a
proposed action notice ) stating each of the following matters— (a) the proposed action;
(b) the ground for the proposed action;
(c) an outline of the facts and circumstances forming the basis for the ground;
(d) if the proposed action is to suspend the board qualification—the proposed period of the suspension;
(e) that the person may make a written submission to the CEO, within a stated period of at least 28 days, to show why the proposed action should not be taken.
s 197B ins 2018 No. 28 s 34
amd 2020 No. 10
s 139 sch 2; 2024 No. 34
s 72
197C Submission against taking of proposed action
The person may, within the period stated in the proposed action notice under section 197B (2)(e), make a written submission to the CEO to show why the proposed action should not be taken.
s 197C ins 2018 No. 28 s 34
amd 2020 No. 10
s 139 sch 2
197D Decision to take proposed action
(1) This section applies if— (a) the period stated in the proposed action notice under section 197B (2)(e) has ended; and
(b) the CEO has considered any written submission made by the person under section 197C ; and
(c) the CEO still considers a ground exists to take the proposed action.
(2) The CEO may decide— (a) if the proposed action was to suspend the board qualification—to suspend the qualification for no longer than the proposed period of the suspension stated in the proposed action notice; or
(b) if the proposed action was to cancel the board qualification—to cancel the qualification or suspend it for a period.
(3) The CEO must give the person notice of the decision.
(4) The notice must state each of the following matters— (a) the CEO’s decision;
(b) the reasons for the decision;
(c) that the person may appeal against the decision within 28 days;
(d) how the person may appeal;
(e) that the person may apply for a stay of the decision if the person appeals against it.
(5) The decision takes effect on the day the notice is given to the person.
(6) The CEO must give notice of the decision to— (a) the following persons, to the extent the persons are known to the CEO— (i) for a decision relating to a certificate of competency—the site senior executive for each coal mine at which the person works;
(ii) for a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the person works;
(iii) for a decision relating to a practising certificate held by a site senior executive—the coal mine operator for each coal mine at which the person works;
(iv) for a decision relating to a practising certificate held by a person other than a site senior executive—the site senior executive for each coal mine at which the person works; and
(b) the board of examiners.
s 197D ins 2018 No. 28 s 34
amd 2020 No. 10
s 139 sch 2; 2024 No. 34 s 73
197E
Automatic cancellation or suspension of practising certificate
(1) This section applies if a person’s certificate of competency or site senior executive notice is cancelled or suspended under this part or by a court.
(2) Any practising certificate, relating to the certificate of competency or site senior executive notice, held by the person is also cancelled or suspended for the same period.
s 197E ins 2024 No. 34
s 74
Part 11
Accidents and incidents
Division 1
Notification, information and inspections
pt 11 div 1 hdg amd 2008 No. 33 s 45
198 Notice of accidents, deaths or incidents
(1) If the site senior executive for a coal mine becomes aware of a serious accident or death at the coal mine, the site senior executive must as soon as possible after becoming aware—
(a) orally notify an inspector— (i) about the accident or death; and
(ii) about the required information for the notification, to the extent the information is known to the site senior executive; and
(b) orally notify an industry safety and health representative— (i) about the accident or death; and
(ii) about the required information for the notification, to the extent the information is known to the site senior executive.
Maximum penalty—100 penalty units.
(2) Also, if the site senior executive for a coal mine becomes aware of a high potential incident at the coal mine, the site senior executive must as soon as possible after becoming aware orally notify an industry safety and health representative— (a) about the incident; and
(b) about the required information for the notification, to the extent the information is known to the site senior executive.
Maximum penalty—100 penalty units.
(3) Further, if the site senior executive for a coal mine becomes aware of a serious accident, death or high potential incident at the coal mine, the site senior executive must as soon as practicable after becoming aware—
(a) notify an inspector about the accident, death or incident by notice in the approved form; and
(b) notify an industry safety and health representative about the accident, death or incident by notice.
Maximum penalty—100 penalty units.
(4) The approved form mentioned in subsection (3)(a) must make provision for particular information to be provided about the accident, death or incident.
(5) The notice mentioned in subsection (3)(b) must include the following information about the accident, death or incident— (a) the precise location where the accident, death or incident happened;
(b) when the accident, death or incident happened;
(c) the number of persons involved in the accident, death or incident;
(d) if the notification is about a death, whether or not caused by an accident—the name of the person who died;
(e) if the notification is about a serious accident or high potential incident— (i) the name of any person who saw the accident or incident, or who was present when the accident or incident happened; and
(ii) the name of any person who was injured as a result of the accident or incident;
(f) if no one was present when a person mentioned in paragraph (d) died or a person mentioned in paragraph (e)(ii) was injured—the name of the person who found the deceased or injured person;
(g) a brief description of how the accident, death or incident happened.
Examples of types of descriptions that may be given under paragraph (g)—
• ‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’
• ‘A worker fell from the top of a storage bin into the wash plant.’
(6) If the site senior executive does not know the required information at the time the site senior executive is required to notify a person under subsection (3) the site senior executive must— (a) take all reasonable steps to find out the required information as soon as possible; and
(b) as soon as possible after the required information becomes known to the site senior executive, give the required information to the person.
Maximum penalty—100 penalty units.
(7) For a proceeding under subsection (1), (2), (3) or (6), it is not a defence that the giving of the required information might tend to incriminate the site senior executive.
(8) The required information is not admissible in evidence against the site senior executive in a criminal proceeding.
(9) Subsection (8) does not prevent the required information being admitted in evidence in a criminal proceeding about the falsity or misleading nature of the required information.
(10) In this section—
required information
means—
(a) in relation to a notification required to be given to an inspector—the information required by the approved form mentioned in subsection (3)(a); or
(b) in relation to a notification required to be given to an industry safety and health representative—the information required under subsection (5) in the notice mentioned in subsection (3)(b).
s 198 amd 2002 No. 25 s 14; 2007 No. 46 s 33; 2008 No. 33 s 46; 2018 No. 28 s 35
sub 2024 No. 34
s 75
198AA
Notice of reportable diseases
(1) If the site senior executive for a coal mine becomes aware that a relevant worker has been diagnosed with a reportable disease, the site senior executive must, as soon as practicable after becoming aware— (a) notify an inspector about the disease by notice in the approved form; and
(b) notify an industry safety and health representative about the disease by notice.
Maximum penalty—100 penalty units.
(2) If a prescribed person becomes aware that a relevant worker has been diagnosed with a reportable disease, the prescribed person must, as soon as practicable after becoming aware, notify the chief inspector by notice in the approved form. Maximum penalty—100 penalty units.
(3) The approved form mentioned in subsections (1)(a) and (2) must make provision for stating the name and date of birth of the person diagnosed with the reportable disease.
(4) This section does not apply in the circumstances prescribed by regulation.
(5) In this section—
prescribed person
means a person prescribed by regulation for subsection (2).
relevant worker
means—
(a) a person who is, was or may become a coal mine worker; or
(b) a person who is, was or may become a worker under the
Mining and Quarrying Safety and Health Act 1999 .
reportable disease
means a disease prescribed by regulation to be a reportable disease.
s 198AA ins 2024 No. 34
s 75
198A Requirement to give primary information
(1) For conducting an investigation into a serious accident, high potential incident or death at a coal mine, an officer may require a person to give the officer any of the following information (
primary information ) about the accident, incident or death— (a) the precise location where the accident, incident or death happened;
(b) when the accident, incident or death happened;
(c) the number of persons involved in the accident, incident or death;
(d) if the notification is about a death, whether or not caused by an accident—the name of the person who died;
(e) if the notification is about a serious accident or high potential incident— (i) the name of any person who saw the accident or incident, or who was present when the accident or incident happened; and
(ii) the name of any person who was injured as a result of the accident or incident;
(f) if no one was present when the person mentioned in paragraph (d) died or the person mentioned in paragraph (e)(ii) was injured—the name of the person who found the deceased or injured person;
(g) a brief description of how the accident, incident or death happened.
Examples of types of descriptions that may be given under paragraph (g)—
• ‘A light vehicle fell into the pit after the light vehicle collided with a truck on a ramp leading into the pit.’
• ‘A worker fell from the top of a storage bin into the wash plant.’
(2) When making a requirement mentioned in subsection (1), the officer must warn the person it is an offence to fail to comply with the requirement.
(3) A person required to give primary information under subsection (1) must comply with the requirement. Maximum penalty—40 penalty units.
(4) If the officer requires the person to give the officer primary information, it is not a defence in a proceeding under subsection (3) that the giving of the primary information might tend to incriminate the person, unless, in relation to an accident or incident— (a) the person is an involved person; and
(b) the primary information is the information mentioned in subsection (1)(g).
(5) Primary information given under subsection (1) is not admissible in evidence against the person in any criminal proceeding.
(6) Subsection (5) does not prevent the primary information being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary information.
(7) In this section—
involved person , for an accident or incident, means an individual who was directly involved in the accident or incident.
Example of an individual who is directly involved in an accident or incident—
• a member of the crew of the deceased or injured person, who was present at the accident or incident
• an individual who was operating plant involved in the accident or incident
officer
means an inspector, inspection officer or an authorised officer.
s 198A ins 2008 No. 33 s 47
amd 2011 No. 2 s 18
199 Place of accident must be inspected
As soon as practicable after receiving a report of a serious accident causing death at a coal mine, an inspector must inspect the place of the accident, investigate the accident to determine its nature and cause, and report the findings of the investigation to the chief inspector.
199A
Site senior executive must tell contractor particular matters
(1) This section applies if— (a) a contractor provides or arranges for a coal mine worker to perform work, or provide a service, at a coal mine; and
(b) the site senior executive for the coal mine becomes aware of any of the following matters— (i) an injury or illness to the coal mine worker from coal mining operations that causes the worker to be absent from work;
(ii) a high potential incident happening at the coal mine that causes or has the potential to cause a significant adverse effect on the safety or health of the coal mine worker;
(iii) any proposed change to the coal mine, or plant or substance used at the coal mine, that affects, or may affect, the safety and health of the coal mine worker.
(2) The site senior executive for the coal mine must tell the contractor about the matter as soon as practicable after the matter comes to the site senior executive’s knowledge.
Maximum penalty—100 penalty units.
s 199A ins 2024 No. 34
s 76
Division 2
Site of accident or incident
200 Site not to be interfered with without permission
(1) A person must not interfere with a place at a coal mine that is the site of a serious accident or high potential incident of a type prescribed by regulation, without the permission of an inspector. Maximum penalty—200 penalty units.
(2) Permission under subsection (1) must not be unreasonably withheld.
(3) For this division, action taken to save life or prevent further injury at a place is not interference with the place.
201 Action to be taken in relation to site of accident or incident
(1) If there is a serious accident or high potential incident, the site senior executive must— (a) carry out an investigation to decide the causes of the accident or incident; and
(b) prepare a report about the accident or incident that includes recommendations to prevent the accident or incident happening again; and
(c) if the accident or incident is a type prescribed by regulation—give the report mentioned in paragraph (b) to an inspector— (i) within 30 days after the accident or incident; or
(ii) if the CEO or chief inspector, by notice, gives a longer period, of not more than 12 months, within which to give the report—within the longer period.
Maximum penalty—100 penalty units.
(2) The site senior executive must ensure that the place of the accident or incident is not interfered with until— (a) all relevant details about the accident or incident have been recorded and, if possible, photographed; and
(b) sufficient measurements have been taken to allow the development of an accurate plan of the site; and
(c) a list of witnesses to the accident or incident has been compiled.
Maximum penalty—100 penalty units.
(3) It is not a defence to a proceeding under subsection (1) that the carrying out of an investigation, preparation of a report or forwarding of the report might tend to incriminate the site senior executive or make the executive liable to a penalty.
(4) A report prepared or forwarded by the site senior executive under subsection (1) is not admissible in evidence against the site senior executive, or any other coal mine worker mentioned in the report, in any criminal proceeding other than proceedings about the falsity or misleading nature of the report.
s 201 amd 2000 No. 18 s 11; 2011 No. 2 s 19; 2024 No. 34
s 77
Part 12
Boards of inquiry
Division 1
General
202 Minister may establish boards of inquiry
(1) The Minister may establish a board of inquiry about a serious accident or high potential incident by gazette notice.
(2) The notice, or a later gazette notice, may specify issues relevant to the inquiry including, for example, the membership of the board, who is the chairperson of the board, and its terms of reference.
(3) The Minister may exercise powers under this section for a serious accident or high potential incident— (a) whether or not the accident or incident has been investigated by an inspector; and
(b) whether or not a board of inquiry had previously inquired into the accident or incident.
203 Role of board of inquiry
(1) The board of inquiry must— (a) inquire into the circumstances and probable causes of the relevant serious accident or high potential incident; and
(b) give the Minister a written report of the board’s findings.
(2) The report may contain the recommendations the board considers appropriate and other relevant matters.
(3) The Minister must table a copy of the report in the Legislative Assembly within 14 days after receiving the report.
(4) However, if the board gives the Minister a separate report of issues that the board considers should not be made public, the Minister need not table the separate report in the Legislative Assembly.
204 Conditions of appointment
(1) A member of the board of inquiry is entitled to be paid the remuneration and allowances decided by the Governor in Council.
(2) A member holds office on conditions not provided by this Act that are decided by the Minister.
205 CEO to arrange for services of staff and financial matters for board of inquiry
As soon as practicable after the board of inquiry is established, the CEO must consult with the chairperson of the board and arrange— (a) for the services of RSHQ and other persons to be made available to the board for the conduct of the inquiry; and
(b) for financial matters relevant to the board.
s 205 amd 2020 No. 10
s 139 sch 2
Division 2
Conduct of inquiry
206 Procedure
(1) When conducting its inquiry, the board of inquiry— (a) must observe natural justice; and
(b) must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues.
(2) In conducting the inquiry, the board— (a) is not bound by the rules of evidence; and
(b) may inform itself in any way it considers appropriate, including by holding hearings; and
(c) may decide the procedures to be followed for the inquiry; and
(d) must give a person involved in the serious accident or high potential incident the opportunity of defending all claims made against the person.
(3) However, the board must comply with this division and any procedural rules prescribed under a regulation.
(4) The chairperson of the board presides at the inquiry.
207 Notice of inquiry
The chairperson of the board of inquiry must give at least 14 days notice of the time and place of the inquiry to— (a) any person the chairperson considers may be concerned in the serious accident or high potential incident the subject of the inquiry; and
(b) any other person the chairperson reasonably believes should be given the opportunity to appear at the inquiry.
208 Inquiry to be held in public except in special circumstances
(1) The inquiry must be held in public.
(2) However, the board may, of its own initiative or on the application of a person represented at the inquiry, direct that the inquiry, or a part of the inquiry, be held in private, and give directions about the persons who may be present.
(3) The board may give a direction under subsection (2) only if it is satisfied it is proper to make the direction in the special circumstances of the case.
209 Protection of members, legal representatives and witnesses
(1) A member of the board of inquiry has, in the performance of the member’s duties, the same protection and immunity as a Supreme Court judge performing the functions of a judge.
(2) A lawyer or other person appearing before the inquiry for someone has the same protection and immunity as a lawyer appearing for a party in a proceeding in the Supreme Court.
(3) A person summoned to attend or appearing before the inquiry as a witness has the same protection as a witness in a proceeding in the Supreme Court.
210 Record of proceedings to be kept
The board of inquiry must keep a record of its proceedings.
211 Representation
A person may be represented before the inquiry by a lawyer or agent.
212 Board’s powers on inquiry
(1) In conducting the inquiry, the board may— (a) act in the absence of any person who has been given a notice under section 207 or some other reasonable notice; and
(b) receive evidence on oath or by statutory declaration; and
(c) adjourn the inquiry; and
(d) disregard any defect, error, omission or insufficiency in a document.
(2) A member of the board may administer an oath to a person appearing as a witness before the inquiry.
213 Notice to witness
(1) The chairperson of the board of inquiry may, by notice (
attendance notice ) given to a person, require the person to attend at the inquiry at a stated time and place to give evidence or produce stated documents or things.
(2) A person required to appear as a witness before the inquiry is entitled to the witness fees prescribed under a regulation or, if no witness fees are prescribed, the reasonable witness fees decided by the chairperson.
214 Inspection of documents or things
(1) If a document or thing is produced to the board at the inquiry, the board may— (a) inspect the document or thing; and
(b) copy or photograph the document or thing if it is relevant to the inquiry.
(2) The board may also take possession of the document or thing, and keep it while it is necessary for the inquiry.
(3) While it keeps a document or thing, the board must permit a person otherwise entitled to possession of it to inspect, copy or photograph the document or thing at a reasonable place and time the board decides.
215 Inquiry may continue despite court proceedings unless otherwise ordered
The inquiry may start or continue, and a report may be prepared or given, despite a proceeding before any court or tribunal, unless a court or tribunal with the necessary jurisdiction orders otherwise.
216 Offences by witnesses
(1) A person given an attendance notice must not fail, without reasonable excuse to— (a) attend as required by the notice; or
(b) continue to attend as required by the chairperson of the board of inquiry until excused from further attendance.
Maximum penalty—200 penalty units.
(2) A person appearing as a witness at the inquiry must take an oath when required by the chairperson of the board. Maximum penalty—200 penalty units.
(3) Also, a person appearing as a witness at the inquiry must not fail, without reasonable excuse— (a) to answer a question the person is required to answer by a member of the board; or
(b) to produce a document or thing the person is required to produce under an attendance notice.
Maximum penalty—200 penalty units.
(4) It is a reasonable excuse for an individual to refuse to answer a question or produce a document or thing on the ground that the answer or production of the document or thing might tend to incriminate the individual or make the individual liable to a penalty.
s 216 amd 2011 No. 2 s 20; 2024 No. 34
s 78
216A
False or misleading statements to board of inquiry
A person must not state anything to the board of inquiry that the person knows is false or misleading in a material particular. Maximum penalty—500 penalty units.
s 216A ins 2024 No. 34
s 79
216B
False or misleading documents to board of inquiry
(1) A person must not give a document to the board of inquiry that the person knows is false or misleading in a material particular. Maximum penalty—500 penalty units.
(2) Subsection (1) does not apply to a person who, when giving the document— (a) informs the board of inquiry, to the best of the person’s ability, how it is false or misleading; and
(b) if the person has, or can reasonably get, the correct information—gives the correct information to the board of inquiry.
s 216B ins 2024 No. 34
s 79
217 Contempt of board of inquiry
A person must not— (a) deliberately interrupt a board of inquiry; or
(b) impede or obstruct the board of inquiry in the exercise of its powers; or
(c) create or continue, or join in creating or continuing, a disturbance in or near a place where the board of inquiry is conducting its inquiry; or
(d) do anything that would be contempt of court if the board of inquiry were a judge acting judicially.
Maximum penalty—200 penalty units.
s 217 amd 2024 No. 34 s 80
218 Change of membership of board
The inquiry of a board of inquiry is not affected by a change in its membership.
Part 13
Mines rescue
Division 1
Preliminary
219 Purposes of pt 13
The main purposes of this part are to— (a) ensure each coal mine operator of an underground coal mine provides a mines rescue capability for the mine; and
(b) provide for accreditation of corporations to help coal mine operators of underground coal mines provide a mines rescue capability; and
(c) provide for performance criteria for accredited corporations; and
(d) ensure accredited corporations— (i) provide mines rescue services; and
(ii) meet the performance criteria; and
(iii) have sufficient funding to meet the performance criteria.
220 Definitions for pt 13
In this part—
coal mine operator
does not include the coal mine operator of a mine at which no person is employed and no work is being undertaken by a contractor.
mine
does not include a mine—
(a) that has been abandoned; or
(b) at which no person is employed and no work is being undertaken by a contractor; or
(c) if it consists only of exploration activities under— (i) an exploration permit; or
(ii) a mineral development licence where the size of the excavation is less than 50 cubic metres.
221 Meaning of
mines rescue capability
Mines rescue capability
is the ability to provide a suitable number of trained persons and maintained equipment to allow continuous rescue operations to take place and to help the escape or safe recovery of anyone from a mine if it has, or may have, an irrespirable atmosphere.
222 Meaning of
mines rescue agreement
(1) A
mines rescue agreement , for a coal mine operator, is— (a) a written agreement that— (i) has been entered into between the coal mine operator and an accredited corporation; and
(ii) if the coal mine operator is the coal mine operator of an underground mine—provides for the corporation to help the coal mine operator provide a mines rescue capability for the mine; and
(iii) remains in force; or
(b) if the coal mine operator is a member of an accredited corporation that is a company limited by guarantee, not having a capital divided into shares—the corporation’s constitution.
(2) A person is a
party
to a mines rescue agreement if the person is— (a) a party to an agreement mentioned in subsection (1)(a); or
(b) a member of an accredited corporation mentioned in subsection (1)(b).
s 222 amd 2001 No. 45 s 29 sch 3
Division 2
Obligations of coal mine operators and users
Subdivision 1
All coal mine operators
223 Coal mine operator must be a party to a mines rescue agreement
A coal mine operator must be a party to a mines rescue agreement for the coal mine operator’s mine. Maximum penalty—1,000 penalty units.
224 Coal mine operator must contribute
(1) An accredited corporation may— (a) require contributions from each coal mine operator who is a party to a mines rescue agreement with the corporation to allow the corporation to provide mines rescue services; and
(b) fix different contributions from different coal mine operators— (i) who own the same class of mine; or
(ii) who own different classes of mine.
Examples of different classes of mine—
1 underground mines
2 surface mines
3 bord and pillar underground mines
4 longwall underground mines
5 high-wall mines
(2) Subsection (1) does not limit any other obligation a coal mine operator has to pay an amount to the corporation.
(3) A coal mine operator must pay all contributions the coal mine operator is required to pay under subsection (1) at the times fixed by the corporation. Maximum penalty—200 penalty units.
Subdivision 2
Further obligation of coal mine operators of underground mines
225 Provision of a mines rescue capability
(1) A coal mine operator for an underground mine must provide a mines rescue capability for the mine. Maximum penalty—1,000 penalty units.
(2) The obligation under subsection (1) is in addition to any other obligation the coal mine operator has under any law.
(3) The coal mine operator discharges the obligation by— (a) complying with any requirement about mines rescue capability imposed on the coal mine operator under a regulation; and
(b) ensuring the site senior executive of the mine complies with any requirement about mines rescue capability imposed on the site senior executive under a regulation.
(4) The coal mine operator commits an offence against subsection (1) on each occasion that the coal mine operator contravenes subsection (3).
Subdivision 3
Mine users
226 Mine not to be used if ss 223 – 225 contravened
A person must not use a mine for mining while the coal mine operator for the mine is contravening section 223 , 224 or 225 in relation to the mine. Maximum penalty—50 penalty units.
Division 3
Accredited corporations
Subdivision 1
Accreditation
227 Accreditation
(1) A corporation may apply to the Minister for a grant of accreditation to provide mines rescue services.
(2) The Minister may grant or refuse the accreditation.
(3) However, before granting an accreditation, the Minister must be satisfied— (a) the corporation is able— (i) to provide mines rescue services for every underground mine; and
(ii) to comply with the performance criteria; and
(b) the Minister is able to audit or monitor the mines rescue services provided by the corporation and its compliance with the performance criteria; and
(c) if the corporation fails to provide mines rescue services or comply with the performance criteria—it has made suitable provision for the Minister to remedy the failure by— (i) managing the corporation’s mines rescue services; and
(ii) requiring contributions for the corporation under section 224 (1) to allow the Minister to manage its mines rescue services.
228 Accreditation conditions
(1) The Minister may accredit a corporation on the conditions the Minister considers appropriate.
(2) A condition may provide for the following— (a) security for the provision of mines rescue services for every underground mine and compliance with the performance criteria;
(b) enforcement of the security, even if there is a penalty or liability under this part;
(c) payment of any reasonable costs of remedying a failure by the corporation to provide mines rescue services or comply with the performance criteria.
(3) Subsection (2) does not limit the conditions the Minister may impose.
(4) In subsection (2)—
security
includes mortgage, bond, insurance and surety.
229 Refusal to accredit
If the Minister refuses to accredit a corporation, the Minister must give the applicant a notice within 14 days stating the following— (a) the decision;
(b) the reasons for the decision;
(c) that the applicant may appeal against the decision to an Industrial Magistrates Court within 28 days;
(d) how the applicant may start an appeal.
230 Amending, suspending or cancelling accreditations—grounds
Each of the following is a ground for amending, suspending or cancelling a corporation’s accreditation— (a) the accreditation was obtained because of incorrect or misleading information;
(b) the corporation has not provided a mines rescue service;
(c) the corporation can not provide mines rescue services for every underground mine;
(d) the corporation has contravened the performance criteria or a condition of the accreditation;
(e) the corporation has not reported to the Minister on its compliance with the performance criteria;
(f) the corporation has committed an offence against this Act.
231 Amending, suspending or cancelling accreditations—procedure
(1) If the Minister considers a ground exists to amend, suspend or cancel an accreditation (the
proposed action ), the Minister must give the accredited corporation notice stating the following— (a) the proposed action;
(b) the ground for the proposed action;
(c) an outline of the facts and circumstances forming the basis for the ground;
(d) if the proposed action is to amend the accreditation, including a condition of the accreditation—the proposed amendment;
(e) if the proposed action is to suspend the accreditation—the proposed suspension period;
(f) that the corporation may show, within a stated time of at least 28 days, why the proposed action should not be taken.
(2) If, after considering all written representations made within the stated time, the Minister still considers a ground exists to take the proposed action, the Minister may— (a) if the proposed action was to amend the accreditation—amend the accreditation; or
(b) if the proposed action was to suspend the accreditation—suspend the accreditation for no longer than the period stated in the notice; or
(c) if the proposed action was to cancel the accreditation—amend the accreditation, suspend the accreditation for a period or cancel it.
(3) The Minister must inform the corporation of the decision by notice.
(4) If the Minister decides to amend, suspend or cancel the accreditation, the notice must state the following— (a) the decision;
(b) the reasons for the decision;
(c) that the corporation may apply within 28 days for the decision to be reviewed;
(d) how the corporation may apply for the review;
(e) that the corporation may apply for a stay of the decision if the corporation applies for a review.
(5) The decision takes effect on the later of the following— (a) the day the notice is given to the corporation;
(b) the day stated in the notice.
(6) Subsections (1) to (5) do not apply— (a) if the Minister proposes to amend the accreditation only— (i) for a formal or clerical reason; or
(ii) in another way that does not adversely affect the corporation’s interests; or
(b) if the corporation asks the Minister to amend the accreditation and the Minister proposes to give effect to the request.
(7) The Minister may amend an accreditation under subsection (6) by notice given to the corporation.
Subdivision 2
Functions and performance
232 Functions
An accredited corporation has the following functions— (a) providing the following services (
mines rescue services )— (i) helping each coal mine operator for an underground mine who is a party to a mines rescue agreement with the corporation to provide a mines rescue capability;
(ii) providing underground mines rescue training programs;
(iii) providing staff and equipment to comply with subparagraphs (i) and (ii) and the performance criteria;
(b) complying with the performance criteria;
(c) reporting to the Minister under section 234 on its compliance with the performance criteria.
233 Performance criteria
(1) The mines rescue performance criteria for the provision of mines rescue services for underground mines by an accredited corporation are that the corporation— (a) provides appropriate mines rescue training programs; and
(b) provides equipment and resources to perform its obligations under mines rescue agreements; and
(c) ensures mines rescue equipment is maintained, tested and certified to any specification by its manufacturer; and
(d) effectively performs audits or other exercises to show the corporation’s ability to respond to an emergency; and
(e) provides an effective procedure for coal mine operators to help each other in an emergency; and
(f) does anything else prescribed under a regulation.
(2) In subsection (1)—
mines rescue equipment
means equipment for use in an emergency by the corporation or a coal mine operator for an underground mine who is party to a mines rescue agreement with the corporation.
234 Reporting to Minister
(1) Within 1 month after the end of each financial year, each accredited corporation must give the Minister a written report about whether it complied with the performance criteria in the year. Maximum penalty—100 penalty units.
(2) Also, the Minister may, by notice, ask an accredited corporation to give the Minister, within a stated time of at least 7 days, stated documents or information about— (a) the corporation; or
(b) the mines rescue services provided by the corporation.
(3) The corporation must comply with the request, unless it has a reasonable excuse for not complying. Maximum penalty—100 penalty units.
(4) An accredited corporation must not give the Minister a report, required documents or information it knows is false or misleading in a material particular. Maximum penalty—500 penalty units.
(5) A complaint against a corporation for an offence against subsection (4) is sufficient if it states the report, required documents or information was ‘false or misleading’ in a material particular without specifying which.
Subdivision 3
Miscellaneous
235 Accredited corporation must keep records
(1) An accredited corporation must keep a record of the coal mine operators who are party to a mines rescue agreement with the corporation.
(2) If a coal mine operator who is a party to a mines rescue agreement with the corporation asks, the corporation must give the coal mine operator a certificate stating— (a) that the coal mine operator is a party to a mines rescue agreement with the corporation; and
(b) whether the coal mine operator has paid all contributions required by the corporation under section 224 (1).
(3) A certificate under subsection (2) signed by an officer of the corporation is evidence of the matters stated in it.
Part 14
Appeals
Division 1
Appeals against particular decisions of Minister, CEO or board of examiners
pt 14 div 1 hdg amd 2018 No. 28 s 36; 2020 No. 10
s 139 sch 2
236 Appeals against Minister’s decisions
The following persons may appeal against the Minister’s decision under the following provisions to an Industrial Magistrates Court under this division— (a) a person who is removed from office as site safety and health representative— section 97 ;
(b) a person whose appointment as industry safety and health representative has been terminated— section 112 ;
(c) the applicant for accreditation— sections 227 and 228 ;
(d) the accredited corporation— section 231 .
236A Appeals against CEO’s decisions
The following persons may appeal against the CEO’s decision under the following provisions to an Industrial Magistrates Court under this division— (a) a person whose board qualification is suspended or cancelled by the CEO— section 197D ;
(b) a corporation on which a civil penalty is imposed— section 267I .
s 236A ins 2018 No. 28 s 37
amd 2020 No. 10
s 139 sch 2; 2024 No. 34 s 81
237 Appeals against board of examiners’ decision
A person whose board qualification is cancelled by the board of examiners under section 195 may appeal against the board’s decision to an Industrial Magistrates Court under this division.
s 237 amd 2024 No. 34
s 82
238 How to start appeal
(1) An appeal is started by the appellant— (a) filing a notice of appeal with an Industrial Magistrates Court; and
(b) serving a copy of the notice on— (i) if the appeal is against the Minister’s decision—the Minister; or
(ii) if the appeal is against the CEO’s decision—the CEO; or
(iii) if the appeal is against the board of examiners’ decision—the board of examiners.
(2) The notice of appeal must be filed within 28 days after the appellant receives notice of the decision appealed against.
(3) The court may at any time extend the period for filing the notice of appeal.
(4) The notice of appeal must state the grounds of the appeal.
s 238 amd 2018 No. 28 s 38; 2020 No. 10
s 139 sch 2
239 Stay of operation of decisions
(1) An Industrial Magistrates Court may stay a decision appealed against to secure the effectiveness of the appeal.
(2) A stay— (a) may be given on conditions the court considers appropriate; and
(b) has effect for the period stated by the court; and
(c) may be revoked or amended by the court.
(3) The period of a stay given by the court must not extend past the time when the court decides the appeal.
(4) An appeal against a decision does not affect the operation or carrying out of the decision unless the decision is stayed.
240 Hearing procedures
(1) Unless this division otherwise provides, the practice and procedure for the appeal are to be in accordance with the rules of court or, if the rules make no provision or insufficient provision, in accordance with the directions of the court.
(2) An appeal must be by way of rehearing, unaffected by the original decision-maker’s decision.
(3) However, for deciding an appeal against a decision of the CEO under section 267I to impose a civil penalty on a corporation, information that was not available to the CEO in making the decision must not be taken into account.
(4) In deciding an appeal, an Industrial Magistrates Court— (a) is not bound by the rules of evidence; and
(b) must observe natural justice.
(5) In this section—
original decision-maker
means the Minister, CEO or the board of examiners.
s 240 amd 2018 No. 28
s 39 ; 2020 No. 10
s 139 sch 2
241 Powers of court on appeal
(1) In deciding an appeal, an Industrial Magistrates Court may— (a) confirm the decision appealed against; or
(b) set aside the decision and substitute another decision; or
(c) set aside the decision and return the matter to the original decision-maker with directions that the court considers appropriate.
(2) In substituting another decision, the court has the same powers as the original decision-maker.
Example—
In an appeal against the Minister’s decision to cancel an accreditation, the court may decide to cancel the accreditation or to amend the accreditation by imposing conditions.
(3) If the court substitutes another decision, the substituted decision is taken to be the decision of the original decision-maker.
(4) The court may make an order for costs it considers appropriate.
242 Appeal to District Court on questions of law only
(1) An appellant may appeal against the decision of an Industrial Magistrates Court to the District Court, but only on a question of law.
(2) On hearing the appeal, the court may make any order for costs it considers appropriate.
Division 2
Appeals against chief inspector’s directives and particular decisions
pt 14 div 2 hdg amd 2014 No. 64 s 208B
243 Who may appeal
A person whose interests are affected by the following may appeal to the Industrial Court— (a) a decision of the chief inspector under section 149 (3)(a) to retain a seized thing;
(b) a directive given by the chief inspector;
(c) a review decision of the chief inspector under part 9 , division 5 , subdivision 8 .
s 243 amd 2007 No. 46 s 34; 2014 No. 64 s 208C; 2024 No. 34
s 83
244 How to start appeal
(1) An appeal is started by— (a) filing notice of appeal with the registrar of the Industrial Court; and
(b) complying with any rules of court applying to the appeal.
(2) The notice of appeal must be filed within 28 days after— (a) if the appeal is from a decision under section 149 (3)(a) to retain a seized thing—the day the appellant receives the notice of the decision; or
(b) if the appeal is from a directive—the day the appellant receives the directive; or
(c) if the appeal is from a review decision—the day the appellant receives reasons for the review decision.
(3) The court may at any time extend the period for filing the notice of appeal.
(4) The notice of appeal must state fully the grounds of the appeal and the facts relied on.
s 244 amd 2014 No. 64 s 208D
245 Stay of operation of directive or review decision
(1) The Industrial Court may grant a stay of a directive or review decision appealed against to secure the effectiveness of the appeal.
(2) A stay— (a) may be given on the conditions the court considers appropriate; and
(b) operates for the period fixed by the court; and
(c) may be revoked or amended by the court.
(3) The period of a stay must not extend past the time when the court decides the appeal.
(4) An appeal against a directive or review decision affects the directive or decision, or the carrying out of the directive or decision, only if the directive or decision is stayed.
(5) However, the following must not be stayed— (a) a directive by the chief inspector under section 163 (2)(a);
(b) a review decision about a directive given by another person under section 163 (2)(a).
s 245 amd 2024 No. 34 s 84
246 Hearing procedures
(1) The procedure for an appeal is to be in accordance with the rules of court or, if the rules make no provision or insufficient provision, in accordance with directions of the Industrial Court.
(2) An appeal is by way of rehearing, unaffected by the chief inspector’s review decision or a directive given.
247 Assessors
If the Industrial Court is satisfied the appeal involves an issue of special knowledge and skill, the court may appoint 1 or more assessors to help in deciding the appeal.
248 Powers of court on appeal
(1) In deciding an appeal, the Industrial Court may— (a) confirm the directive or decision appealed against; or
(b) vary the directive or decision appealed against; or
(c) set aside the directive or decision appealed against and make a directive or decision in substitution for the directive or decision set aside; or
(d) set aside the directive or decision appealed against and return the issue to the person who gave the directive or to the maker of the decision with directions the court considers appropriate.
(2) If on appeal the court acts under subsection (1)(b) or (c), the decision is taken, for this Act (other than this part), to be that of the chief inspector or the person who gave the directive.
(3) The court may make an order for costs it considers appropriate.
s 248 amd 2011 No. 2 s 21; 2014 No. 64 s 208E
Part 15
Legal proceedings
Division 1
Evidence
249 Application of div 1
This division applies to a proceeding under this Act.
250 Proof of appointments and authority unnecessary
(1) It is not necessary to prove— (a) the appointment of a member of the RSHQ board, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, an industry safety and health representative or a site safety and health representative; or
(b) the authority of the RSHQ board, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, an industry safety and health representative or a site safety and health representative to do anything under this Act.
(2) Subsection (1) does not apply if reasonable notice is given to the party relying on the appointment or authority that the appointment or authority is to be challenged.
s 250 amd 2007 No. 46 s 35; 2010 No. 17 s 26; 2020 No. 10 s 80; 2026 No. 10
s 8
251 Proof of signatures unnecessary
A signature purporting to be the signature of the RSHQ board, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, an industry safety and health representative or a site safety and health representative is evidence of the signature it purports to be.
s 251 amd 2007 No. 46 s 36; 2010 No. 17 s 27; 2020 No. 10
s 81 ; 2026 No. 10
s 9
252 Evidentiary aids
(1) A certificate stating any of the following matters is evidence of the matter— (a) a stated document is— (i) an appointment or a copy of an appointment; or
(ii) a directive or a copy of a directive given under this Act; or
(iii) a decision, or a copy of a decision, given or made under this Act; or
(iv) a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act;
(b) on a stated day, or during a stated period, a stated certificate, notice, approval or appointment was, or was not, in force for a stated person or thing;
(c) on a stated day, or during a stated period, a standard issued or published by National Occupational Health and Safety Commission or Standards Australia or something in the standard was, or was not, in force;
(d) on a stated day a stated person was given a stated directive, direction, requirement or notice under this Act;
(e) a stated amount is payable under this Act by a stated person and has not been paid;
(f) a stated location is within the boundaries of land that is the subject of a stated mining tenure.
(2) A document purporting to be published by or under the authority of National Occupational Health and Safety Commission or Standards Australia is, on its production, evidence of its contents.
(3) In a complaint starting a proceeding, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of the matter.
(4) Any instrument, equipment or installation used by an inspector, inspection officer, an authorised officer or analyst in accordance with any conditions prescribed under a relevant document for its use is taken to be accurate and precise in the absence of evidence to the contrary.
(5) In this section—
certificate
means a certificate purporting to be signed by the RSHQ board, the CEO, the WHS prosecutor, the chief inspector, an inspector, an inspection officer, an authorised officer, an industry safety and health representative or a site safety and health representative.
s 252 amd 2007 No. 46 s 37; 2010 No. 17 s 28; 2011 No. 2 s 22; 2018 No. 28 s 40; 2020 No. 10 s 82; 2026 No. 10
s 10
253 Expert reports
(1) An expert report is admissible in evidence, whether or not the person making the report (the
expert ) attends to give oral evidence.
(2) However, if the expert does not attend to give oral evidence in the proceeding, the report is admissible only with the court’s leave.
(3) In deciding whether to grant leave, the court must have regard to the following— (a) the contents of the report;
(b) the reasons the expert is not attending to give oral evidence;
(c) the risk that its admission or exclusion from evidence will result in unfairness to a party, in particular having regard to a party’s ability to dispute the contents of the report if the expert does not give oral evidence;
(d) any other relevant circumstance.
(4) An expert report when admitted is evidence of any fact or opinion of which the expert could have given oral evidence.
(5) In this section—
expert report
means a report made by a person that deals entirely or mainly with issues on which the person is qualified to give expert evidence, but does not include an analyst’s report.
254 Analyst’s certificate or report
The production by a party of a signed analyst’s report stating any of the following is evidence of them— (a) the analyst’s qualifications;
(b) the analyst took, or received from a stated person, the sample mentioned in the report;
(c) the analyst analysed the sample on a stated day, or during a stated period, and at a stated place;
(d) the results of the analysis.
Division 2
Proceedings
255 Proceedings for offences
(1) A charge for an offence against this Act, other than an offence against part 3A , must be heard and decided summarily.
(2) More than 1 contravention of a safety and health obligation under section 34 may be charged as a single charge if the acts or omissions giving rise to the claimed contravention happened within the same period and in relation to the same coal mine.
(3) A proceeding for an offence against this Act may only be taken by— (a) if the offence is a serious offence—the WHS prosecutor; or
(b) otherwise—the CEO or the WHS prosecutor.
(4) However, the CEO may authorise in writing another appropriately qualified person to take a proceeding for an offence mentioned in subsection (3)(b).
(5) An authorisation under subsection (4) may be general or limited to a particular proceeding or class of proceedings.
(6) An authorisation under subsection (4) is sufficient authority to continue proceedings in any case where the court amends the charge, warrant or summons.
(7) In deciding whether to bring a prosecution for an offence under this Act, the WHS prosecutor must have regard to any guidelines issued under the
Director of Public Prosecutions Act 1984 , section 11 .
(8) Nothing in this section affects the ability of the director of public prosecutions to bring proceedings for an offence against this Act.
(9) In this section—
serious offence
means—
(a) an offence against section 34 if the contravention— (i) caused multiple deaths; or
(ii) caused death or grievous bodily harm; or
(iii) caused bodily harm; or
(iv) involved exposure to a substance that is likely to cause death or grievous bodily harm; or
(b) an offence against part 3A ; or
(c) an offence prescribed by regulation for this paragraph.
s 255 amd 2005 No. 68 s 7; 2008 No. 56 s 3 sch; 2009 No. 16 s 9; 2011 No. 4 s 69 sch pt 1; 2014 No. 64 s 209; 2016 No. 63
s 1157 sch 6; 2020 No. 10
s 83 ; 2020 No. 14
s 12 ; 2024 No. 34
s 85
256 WHS prosecutor may ask CEO for information
(1) The WHS prosecutor may ask the CEO for information relevant to the performance of a function of the WHS prosecutor under this Act.
(2) The CEO must take reasonable steps to provide the information.
(3) In this section—
information
includes a document.
s 256 amd 2005 No. 68 s 8; 2010 No. 17 s 17 sch
sub 2020 No. 10
s 84
256A
CEO’s duty to disclose information to WHS prosecutor
(1) This section applies in relation to a proceeding for an offence against this Act brought by the WHS prosecutor.
(2) The CEO has a duty to disclose to the WHS prosecutor all information relevant to the proceeding, including knowledge of a matter relevant to the proceeding, in the possession or control of the CEO.
(3) The duty continues until the proceeding is finally decided or otherwise ends.
(4) In this section—
information
includes a document.
s 256A ins 2020 No. 10
s 84
256B
Procedure if prosecution not brought
(1) This section applies if— (a) a person reasonably considers that an act or omission constitutes a serious offence under section 255 (9); and
(b) no prosecution has been brought in relation to the act or omission; and
(c) the following period has elapsed from when the act or omission happened— (i) if the act or omission constitutes an offence against part 3A —at least 6 months;
(ii) otherwise—at least 6 months but no more than 12 months.
(2) The person may make a written request to the WHS prosecutor that a prosecution be brought in relation to the act or omission.
(3) Within 3 months after the WHS prosecutor receives the request, the WHS prosecutor must give the person, and any other person whom the person believes committed the serious offence, a notice in writing stating—
(a) whether the investigation of the act or omission is complete; and
(b) if the investigation of the act or omission is complete, whether a prosecution has been or will be brought in relation to the act or omission; and
(c) if the advice under paragraph (b) is that a prosecution has not been or will not be brought—the reasons for not bringing the prosecution.
(4) Also, if the WHS prosecutor gives a notice under subsection (3)(b) that a prosecution has not been or will not be brought, the WHS prosecutor must— (a) advise in the notice that the person may ask the WHS prosecutor to refer the matter to the director of public prosecutions for consideration; and
(b) if the person asks the WHS prosecutor in writing to refer the matter to the director of public prosecutions—refer the matter to the director of public prosecutions for consideration within 1 month after the person makes the request.
(5) The director of public prosecutions must consider the matter and within 1 month after the matter is referred give the WHS prosecutor advice in writing stating whether the director considers a prosecution should be brought.
(6) The WHS prosecutor must give a copy of the advice under subsection (5) to— (a) the person who made the request under subsection (2); and
(b) any other person whom the person mentioned in paragraph (a) believes committed the serious offence.
(7) If the WHS prosecutor declines to follow advice given under subsection (5) to bring proceedings, the WHS prosecutor must give written reasons for the decision to each person mentioned in subsection (6).
s 256B ins 2020 No. 10
s 84
amd 2020 No. 14
s 13 ; 2024 No. 34
s 86
257 Limitation on time for starting proceedings
(1) A proceeding for an offence against this Act must start within the latest of the following periods to end— (a) 2 years after the offence first comes to the notice of the complainant;
(b) if an enforceable undertaking has been given in relation to the offence, 6 months after the latest of the following to happen— (i) the enforceable undertaking is contravened;
(ii) it comes to the notice of the CEO that the enforceable undertaking has been contravened;
(iii) the CEO agrees under section 267Q to the withdrawal of the enforceable undertaking;
(c) if the offence involves a breach of an obligation causing death and the death is investigated by a coroner under the
Coroners Act 2003 —2 years after the coroner makes a finding in relation to the death.
(2) Subsection (1) does not apply to a proceeding for an offence against part 3A .
s 257 amd 2009 No.16 s 10; 2020 No. 14 s 14; 2024 No. 34 s 87
258 Court may order suspension or cancellation of certificate or notice
(1) This section applies if a person convicted of an offence against this Act is the holder of a certificate of competency or site senior executive notice.
(2) A Magistrates Court, on application by the complainant during the proceedings for the offence, may suspend or cancel the certificate of competency or site senior executive notice of the person convicted.
(3) A person dissatisfied with the court’s decision to suspend or cancel the person’s certificate of competency or site senior executive notice who wants to appeal against the decision, must appeal to the District Court.
(4) A Magistrates Court must give notice of a decision to suspend or cancel a person’s certificate of competency or site senior executive notice to— (a) the following persons, to the extent the persons are known to the court— (i) for a decision relating to a certificate of competency—the site senior executive for each coal mine at which the person works;
(ii) for a decision relating to a site senior executive notice—the coal mine operator for each coal mine at which the person works; and
(b) the board of examiners.
s 258 amd 2000 No. 18 s 12; 2018 No. 28
s 41 ; 2024 No. 34 s 88
259 Forfeiture on conviction
(1) On conviction of a person for an offence against this Act, a Magistrates Court may order the forfeiture to the State of— (a) anything used to commit the offence; or
(b) anything else the subject of the offence.
(2) The court may make the order— (a) whether or not the thing has been seized; and
(b) if the thing has been seized, whether or not the thing has been returned to its owner.
(3) The court may make any order to enforce the forfeiture it considers appropriate.
(4) This section does not limit the court’s powers under the
Penalties and Sentences Act 1992
or another law.
s 259 amd 2024 No. 34 s 89
260 Dealing with forfeited things
(1) On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the CEO as the CEO considers appropriate.
(2) Without limiting subsection (1), the CEO may destroy the thing.
s 260 amd 2020 No. 10
s 139 sch 2
261 Responsibility for acts or omissions of representatives
(1) Subsections (2) and (3) apply in a proceeding for an offence against this Act.
(2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and
(b) the representative had the state of mind.
(3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable precautions and proper diligence, have prevented the act or omission.
(4) In this section—
representative
means—
(a) of a corporation—an officer, employee or agent of the corporation; or
(b) of an individual—an employee or agent of the individual.
state of mind
of a person includes—
(a) the person’s knowledge, intention, opinion, belief or purpose; and
(b) the person’s reasons for the intention, opinion, belief or purpose.
s 261 amd 2018 No. 28 s 42
262 [Repealed]
s 262 om 2018 No. 28 s 43
263 Representation
A party to a proceeding under this Act may be represented by the party’s lawyer or agent.
264 Orders for costs
(1) This section applies in relation to a proceeding for an offence against this Act.
(2) A Magistrates Court may award a represented party for the proceeding costs of the representation.
(3) If a court convicts a person of an offence against this Act, the court may order the person to pay the reasonable costs incurred by RSHQ in investigating, and preparing for the prosecution of, the offence.
(4) This section does not limit the orders for costs the court may make.
(5) In this section—
represented party , for a proceeding, means a party to the proceeding, or a person ordered or permitted to appear or to be represented by a lawyer, who is represented by a lawyer.
s 264 amd 2020 No. 10
s 85 ; 2020 No. 14
s 15 ; 2024 No. 34
s 90
265 Recovery of fees
(1) A fee payable under this Act and not paid may be recovered by the CEO— (a) in summary proceedings under the
Justices Act 1886 ; or
(b) by action for a debt in a court of competent jurisdiction.
(2) A fee may also be recovered in a proceeding for an offence against this Act.
(3) An order made under subsection (2) is enforceable under the
Justices Act 1886
as an order for payment of money made by a magistrate under that Act.
(4) If an order is made under subsection (2)— (a) the order may be filed in the registry of a Magistrates Court; and
(b) on being filed, is taken to be an order made by a Magistrates Court and may be enforced accordingly.
s 265 amd 2020 No. 10
s 139 sch 2
Division 3
Evidentiary provisions
266 Service of documents
(1) If a document is required or permitted under this Act to be given to a person, the document may be given to the person by facsimile transmission directed and sent to— (a) the last transmission number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or
(b) the facsimile transmission number operated— (i) at the address of the person last known to the giver of the document; or
(ii) if the person is a company, at the company’s registered office.
(2) A document given in accordance with subsection (1) is taken to have been given on the day the copy is transmitted.
(3) This section does not limit any other means of giving documents authorised or permitted by law including, for example, under the
Acts Interpretation Act 1954 , part 10 .
267 How document to be given to coal mine operator
A document to be given to a coal mine operator for a coal mine, is taken to have been given to the coal mine operator if it is— (a) addressed to the coal mine operator; and
(b) given to the site senior executive at the coal mine.
Part 15A
Injunctions
pt 15A hdg ins 2011 No. 2 s 23
267A Applying for injunction
(1) The CEO or chief inspector may apply to the District Court for an injunction under this part.
(2) An injunction under this part may be granted by the District Court against a person at any time.
s 267A ins 2011 No. 2 s 23
amd 2020 No. 10 s 86
267B Grounds for injunction
The District Court may grant an injunction if the court is satisfied a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute— (a) a contravention of this Act; or
(b) attempting to contravene this Act; or
(c) aiding, abetting, counselling or procuring a person to contravene this Act; or
(d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Act; or
(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention of this Act by a person; or
(f) conspiring with others to contravene this Act.
s 267B ins 2011 No. 2 s 23
267C Court’s powers for injunction
(1) The power of the District Court to grant an injunction restraining a person from engaging in conduct may be exercised— (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and
(b) whether or not the person has previously engaged in conduct of that kind.
(2) The power of the court to grant an injunction requiring a person to do an act or thing may be exercised— (a) whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and
(b) whether or not the person has previously failed to do the act or thing.
(3) An interim injunction may be granted under this part until the application is finally decided.
(4) The court may rescind or vary an injunction at any time.
s 267C ins 2011 No. 2 s 23
267D Terms of injunction
(1) The District Court may grant an injunction in the terms the court considers appropriate.
(2) Without limiting the court’s power under subsection (1), an injunction may be granted restraining a person from carrying on particular activities— (a) for a stated period; or
(b) except on stated terms and conditions.
(3) Also, the court may grant an injunction requiring a person to take stated action, including action to disclose or publish information, to remedy any adverse consequences of the person’s contravention of this Act.
s 267D ins 2011 No. 2 s 23
Part 15B
Civil penalties
pt 15B hdg ins 2018 No. 28
s 44
267E Definitions for part
In this part—
civil penalty obligation
means a safety and health obligation, or another obligation under this Act, prescribed by regulation to be a civil penalty obligation.
corresponding offence , in relation to a contravention of a civil penalty obligation, means an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.
penalty notice
see section 267I (3).
proposed penalty notice
see section 267G (2).
relevant corporation
means a coal mine operator or contractor that is a corporation.
s 267E ins 2018 No. 28
s 44
267F Liability for civil penalties
(1) A relevant corporation is liable to pay the State a civil penalty if— (a) the relevant corporation contravenes a civil penalty obligation; or
(b) a representative of the relevant corporation contravenes a civil penalty obligation.
(2) A civil penalty may be imposed on the relevant corporation by a penalty notice given to the corporation by the CEO.
(3) The amount of the penalty is— (a) if the civil penalty obligation is a category 1 obligation—1,000 penalty units; or
(b) if the civil penalty obligation is a category 2 obligation—750 penalty units; or
(c) if the civil penalty obligation is a category 3 obligation—500 penalty units.
(4) For subsection (3), the category of a civil penalty obligation is the category prescribed by regulation for the obligation.
(5) In this section—
representative , of a relevant corporation, means an officer, employee or agent of the corporation.
s 267F ins 2018 No. 28
s 44
amd 2020 No. 10
s 139 sch 2
267G Giving of notice proposing imposition of civil penalty
(1) This section applies if the CEO reasonably believes a relevant corporation is liable to pay a civil penalty on the grounds of a contravention of a civil penalty obligation.
(2) The CEO may give the corporation a notice (a
proposed penalty notice ) proposing to impose a civil penalty on the corporation on the grounds of the contravention.
(3) The proposed penalty notice must state each of the following matters— (a) that the CEO proposes to impose a civil penalty on the corporation;
(b) the grounds for imposing the penalty;
(c) the facts and circumstances forming the basis for the grounds;
(d) that the corporation may make a written submission to the CEO, within a stated period of at least 14 days after the corporation is given the notice, to show why the civil penalty should not be imposed;
(e) the way in which the submission may be made.
s 267G ins 2018 No. 28
s 44
amd 2020 No. 10
s 139 sch 2
267H Submission against proposed imposition of civil penalty
The relevant corporation may, within the period stated in the proposed penalty notice under section 267G (3)(d) and in the way stated in the notice, make a written submission to the CEO to show why the civil penalty should not be imposed.
s 267H ins 2018 No. 28
s 44
amd 2020 No. 10
s 139 sch 2
267I Giving of penalty notice
(1) This section applies if— (a) the period stated in the proposed penalty notice under section 267G (3)(d) has ended; and
(b) the CEO has considered any submission made under section 267H ; and
(c) the CEO is satisfied— (i) the civil penalty obligation mentioned in the proposed penalty notice has been contravened; and
(ii) the relevant corporation is liable to a civil penalty on the grounds of the contravention.
(2) The CEO may decide to impose a civil penalty on the corporation on the grounds of the contravention.
(3) If the CEO makes a decision under subsection (2), the CEO must give the corporation a notice (a
penalty notice ) stating each of the following matters— (a) the CEO has decided to impose a civil penalty on the corporation;
(b) the reasons for the decision;
(c) the amount of the penalty and the day by which it must be paid;
(d) that the corporation may appeal to an Industrial Magistrates Court against the decision within 28 days after the corporation is given the penalty notice;
(e) how to appeal.
(4) The day for payment stated under subsection (3)(c) must not be less than 28 days after the penalty notice is given to the corporation.
(5) The State may recover the penalty from the corporation as a debt.
s 267I ins 2018 No. 28
s 44
amd 2020 No. 10
s 139 sch 2
267J Civil penalty can not be imposed after criminal proceeding
(1) A civil penalty must not be imposed on a relevant corporation on the grounds of a contravention of a civil penalty obligation if the corporation has been convicted or found guilty of a corresponding offence.
(2) Subsection (3) applies if— (a) the CEO has given a relevant corporation a proposed penalty notice in relation to a contravention of a civil penalty obligation; and
(b) before the CEO makes a decision under section 267I , a criminal proceeding is started against the corporation for a corresponding offence.
(3) A civil penalty must not be imposed on the corporation on the grounds of the contravention unless the criminal proceeding ends without the corporation being convicted or found guilty of a corresponding offence.
(4) This section applies despite any other provision of this part.
s 267J ins 2018 No. 28
s 44
amd 2020 No. 10
s 139 sch 2
267K Criminal proceeding after civil penalty imposed
A criminal proceeding may be started against a relevant corporation for a corresponding offence for a contravention of a civil penalty obligation regardless of whether a civil penalty has been imposed on the corporation for the contravention.
s 267K ins 2018 No. 28
s 44
Part 15C
Enforceable undertakings
pt 15C hdg ins 2024 No. 34 s 91
267L
CEO may accept enforceable undertaking
(1) The CEO may accept a written undertaking (an
enforceable undertaking ) given by a person in connection with a matter relating to a contravention or alleged contravention of this Act by the person.
(2) An enforceable undertaking can not be accepted for a contravention or alleged contravention that is— (a) an offence against section 48C or 48D ; or
(b) an offence involving a breach of a safety and health obligation causing death.
(3) The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving the undertaking in relation to the contravention or alleged contravention to which the undertaking relates.
(4) The CEO must issue, and publish on a Queensland Government website, general guidelines in relation to the acceptance of enforceable undertakings under this Act.
(5) The CEO may accept an enforceable undertaking in relation to a contravention or alleged contravention, other than a contravention or alleged contravention that is an offence mentioned in subsection (2)(a) or (b), before a proceeding in relation to the contravention has been finalised.
(6) If the CEO accepts an enforceable undertaking before the proceeding is finalised— (a) the CEO must immediately notify the WHS prosecutor; and
(b) the WHS prosecutor must take all reasonable steps to have the proceeding discontinued as soon as possible.
s 267L ins 2024 No. 34 s 91
267M
Notice of decision and reasons for decision
(1) The CEO must give the person seeking to make an enforceable undertaking notice of the CEO’s decision to accept or reject the enforceable undertaking and of the reasons for the decision.
(2) The CEO must publish, on a Queensland Government website, notice of a decision to accept an enforceable undertaking and the reasons for the decision.
s 267M ins 2024 No. 34 s 91
267N
When enforceable undertaking is enforceable
An enforceable undertaking takes effect and becomes enforceable when the CEO’s decision to accept the undertaking is given to the person who made the undertaking or at any later date stated by the CEO.
s 267N ins 2024 No. 34 s 91
267O
Compliance with enforceable undertaking
A person must not contravene an enforceable undertaking made by the person that is in effect. Maximum penalty—500 penalty units.
s 267O ins 2024 No. 34 s 91
267P
Contravention of enforceable undertaking
(1) The CEO may apply to a Magistrates Court for an order if a person contravenes an enforceable undertaking.
(2) If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court, in addition to the imposition of any penalty, may make— (a) an order directing the person to comply with the undertaking; or
(b) an order discharging the undertaking.
(3) In addition to the orders mentioned in subsection (2), the court may make any other order the court considers appropriate in the circumstances, including orders directing the person to pay to the State— (a) the costs of the proceeding; and
(b) the reasonable costs of the CEO in monitoring compliance with the enforceable undertaking in the future.
(4) Nothing in this section prevents a proceeding being taken for the contravention or alleged contravention of this Act to which the enforceable undertaking relates.
Note—
Section 267R specifies circumstances affecting a proceeding for a contravention for which an enforceable undertaking has been given.
s 267P ins 2024 No. 34 s 91
267Q
Withdrawal or variation of enforceable undertaking
(1) A person who has made an enforceable undertaking may at any time, with the written agreement of the CEO— (a) withdraw the undertaking; or
(b) vary the undertaking.
(2) However, the provisions of the undertaking can not be varied to provide for a different alleged contravention of the Act.
(3) The CEO must publish, on a Queensland Government website, notice of the withdrawal or variation of an enforceable undertaking.
s 267Q ins 2024 No. 34 s 91
267R
Proceeding for alleged contravention
(1) Subject to this part, no proceeding for a contravention or alleged contravention of this Act may be taken against a person if an enforceable undertaking is in effect in relation to the contravention.
(2) No proceeding may be taken for a contravention or alleged contravention of this Act against a person who has made an enforceable undertaking in relation to the contravention and has completely discharged the enforceable undertaking.
s 267R ins 2024 No. 34 s 91
Part 16
Offences
Division 1
General
pt 16 div 1 hdg ins 2024 No. 34
s 92
268 Person not to encourage refusal to answer questions
(1) A person must not encourage or influence, or attempt to encourage or influence, by general direction, promise of advantage, threat of dismissal or otherwise, a coal mine worker to refuse to answer questions put to the coal mine worker by an inspector, inspection officer, authorised officer or industry safety and health representative. Maximum penalty—40 penalty units.
(2) To remove any doubt, subsection (1) does not apply to the provision of legal advice to a coal mine worker by a lawyer.
s 268 amd 2007 No. 46 s 38
269 Impersonating inspectors, officers or representatives
A person must not pretend to be an inspector, inspection officer, authorised officer, industry safety and health representative or site safety and health representative. Maximum penalty—40 penalty units.
s 269 amd 2007 No. 46 s 39
270 Protection for officers
(1) A person must not disadvantage an officer for exercising the officer’s powers under this Act. Maximum penalty—500 penalty units.
(2) In this section—
officer
means—
(a) an inspector; or
(b) an inspection officer; or
(c) an authorised officer; or
(d) an industry safety and health representative; or
(e) a site safety and health representative.
s 270 amd 2007 No. 46 s 40
Division 2
Sentencing for offences
pt 16 div 2 hdg ins 2024 No. 34 s 93
270A
Application of division
This division applies if a court convicts a person or finds a person guilty (the
offender ) of an offence against this Act.
s 270A ins 2024 No. 34 s 93
270B
Orders generally
(1) One or more orders may be made under this division against the offender.
(2) Orders may be made under this division in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence.
s 270B ins 2024 No. 34 s 93
270C
Adverse publicity orders
(1) The court may make an order (an
adverse publicity order ), in relation to the offender, requiring the offender— (a) to take either or both of the following actions within the period stated in the order— (i) to publicise, in the way stated in the order, the offence, its consequences, the penalty imposed and any other related matter;
(ii) to notify a stated person or stated class of persons, in the way stated in the order, of the offence, its consequences, the penalty imposed and any other related matter; and
(b) to give the CEO, within 7 days after the end of the period stated in the order, evidence that the action or actions were taken by the offender in accordance with the order.
(2) The court may make an adverse publicity order on its own initiative or on the application of the person prosecuting the offence.
(3) If the offender fails to give evidence to the CEO as provided under subsection (1)(b), the CEO, or a person authorised in writing by the CEO, may take the action or actions stated in the order.
(4) However, if— (a) the offender gives evidence to the CEO as provided under subsection (1)(b); and
(b) despite that evidence, the CEO is not satisfied that the offender has taken the action or actions stated in the order in accordance with the order;
the CEO may apply to the court for an order authorising the CEO, or a person authorised in writing by the CEO, to take the action or actions.
(5) If the CEO, or a person authorised in writing by the CEO, takes an action or actions under subsection (3) or under an order under subsection (4), the CEO is entitled to recover from the offender, by action in a court of competent jurisdiction, an amount in relation to the reasonable expenses of taking the action or actions as a debt due to the CEO.
s 270C ins 2024 No. 34 s 93
270D
Orders for restoration
(1) The court may make an order requiring the offender to take steps stated in the order, within the period stated in the order, to remedy a matter caused by the commission of the offence that appears to the court to be within the offender’s power to remedy.
(2) The period within which an order under this section must be complied with may be extended, or further extended, by order of the court but only if an application for the extension is made before the end of the period.
s 270D ins 2024 No. 34 s 93
270E
Safety and health project orders
(1) The court may make an order requiring the offender to undertake a stated project for the general improvement of safety and health of persons at coal mines and persons who may be affected by coal mining operations within the period stated in the order.
(2) The order may state conditions that must be complied with in undertaking the project.
s 270E ins 2024 No. 34 s 93
270F
Release on giving of court-ordered undertaking
(1) The court may (with or without recording a conviction) adjourn the proceeding for the offence for a period of not more than 2 years and make an order for the release of the offender on the offender giving an undertaking with stated conditions (a
court-ordered undertaking ).
(2) A court-ordered undertaking must state the following conditions— (a) that the offender appear before the court if called to appear during the period of the adjournment and, if stated by the court, at the time to which the further hearing is adjourned;
(b) that the offender does not commit, during the period of the adjournment, any offence against this Act;
(c) that the offender observes any special conditions imposed by the court.
(3) In addition to the order mentioned in subsection (1), the court may make any other order the court considers appropriate in the circumstances, including orders directing the offender to pay to the State— (a) the costs of the proceeding; and
(b) the reasonable costs of the CEO in monitoring compliance with the court-ordered undertaking in the future.
(4) An offender who has given a court-ordered undertaking under this section may be called on to appear before the court by order of the court.
(5) An order under subsection (4) must be served on the offender not less than 4 days before the time stated in the order for the appearance.
(6) If the court is satisfied at the time to which a further hearing of a proceeding is adjourned that the offender has observed the conditions of the court-ordered undertaking, the court must discharge the offender without any further hearing of the proceeding.
s 270F ins 2024 No. 34 s 93
270G
Injunctions
The court may issue an injunction requiring the offender to cease contravening this Act.
Note—
See also part 15A .
s 270G ins 2024 No. 34 s 93
270H
Training orders
The court may make an order requiring the offender to undertake, or arrange for 1 or more coal mine workers to undertake, a stated course of training.
s 270H ins 2024 No. 34 s 93
270I
Offence to fail to comply with order
(1) A person must comply with an order under this division, unless the person has a reasonable excuse. Maximum penalty—500 penalty units.
(2) This section does not apply to an order or injunction under section 270F or 270G .
s 270I ins 2024 No. 34 s 93
Part 17
General
Division 1
General safety matters
271 Contraband must not be taken into an underground mine
(1) An underground mine manager or a person authorised by the underground mine manager may search a person at a coal mine who is, or who may be going, underground to ensure that the person has not taken or does not take contraband underground.
(2) A search under subsection (1) must be conducted in accordance with the relevant standard operating procedure for the coal mine.
(3) However, a person must not be searched by a person of the opposite sex and must not be requested to undress for the search.
(4) A search may be conducted at any time, whether or not there is a suspicion that the person may have possession of contraband.
(5) A person may refuse to be searched.
(6) If a person refuses to be searched— (a) if the person is underground—the person must immediately return to the surface; or
(b) if the person is at the surface—the person must not go underground.
Maximum penalty for subsection (6)—100 penalty units.
272 Children under 16 not to be employed underground
The site senior executive for a coal mine must ensure that a person under the age of 16 does not work as an underground coal mine worker at the mine. Maximum penalty—100 penalty units.
272A Children under 16 not to operate or maintain plant
The site senior executive for a coal mine must not allow a person under the age of 16 to operate or maintain plant at the coal mine. Maximum penalty—100 penalty units.
s 272A ins 2011 No. 2 s 24
273 Withdrawal of persons in case of danger
(1) If a coal mine is dangerous, all persons exposed to the danger must withdraw to a place of safety.
(2) If a coal mine worker is competent and able to eliminate the danger from a hazard, the worker must take the action necessary to eliminate the danger. Maximum penalty—100 penalty units.
(3) If the coal mine worker is not competent or able to eliminate the danger, the worker must— (a) take measures to prevent immediate danger to other coal mine workers that the worker is able reasonably to take; and
(b) immediately report the situation to the coal mine worker’s supervisor.
Maximum penalty—100 penalty units.
(4) A competent person must be appointed to assess the danger from the hazard or hazards that have resulted in the withdrawal of persons to a place of safety.
(5) Subject to subsection (6), a person must not be readmitted into the coal mine or part of the coal mine that is dangerous until the persons mentioned in subsection (6) have declared that risk is at an acceptable level.
(6) The minimum number of competent persons necessary to reduce the risk to an acceptable level may be readmitted to the coal mine or part of the coal mine if appropriate precautions are taken so that the risk to those persons is within acceptable limits.
(7) For this section, a coal mine is taken to be dangerous if— (a) sealing operations are to commence; or
(b) the coal mine or part of the coal mine has been sealed; or
(c) the controls detailed in a principal hazard management plan have not been implemented or maintained.
(8) However, for this section, a coal mine is not considered dangerous if— (a) sealing operations are being undertaken in an emergency and an inspector has been notified; or
(b) sealing operations are being undertaken following written acknowledgement from an inspector that sealing operations comply with recognised standards and good mining practice; or
(c) written consent has been received from an inspector for persons to be underground following a sealing.
(9) As soon as practicable after being appointed, the person appointed under subsection (4) must enter in the mine record a report on the withdrawal of persons and remedial action taken to eliminate the danger. Maximum penalty—100 penalty units.
(10) The site senior executive must notify the inspector of any action taken under this section immediately after the action is taken. Maximum penalty—200 penalty units.
274 Where coal mine worker exposed to immediate personal danger
(1) Subject to section 273 (2) and (3), if a coal mine worker (the
original worker ) believes that there is immediate personal danger, the worker has the right— (a) to remove themself to a position of safety; and
(b) to refuse to undertake a task allocated to the worker that may place the worker in immediate personal danger.
(2) The coal mine operator for the coal mine or the coal mine operator’s representative must not disadvantage the coal mine worker for exercising the worker’s rights under subsection (1). Maximum penalty—200 penalty units.
(3) Subsection (4) applies if the coal mine operator or the operator’s representative subsequently asks or directs another coal mine worker (the
subsequent worker ) to place themself in the position from which the original worker has removed themself, or to undertake a task that the original worker has refused to undertake.
(4) The operator or the operator’s representative must advise the subsequent worker that the original worker exercised rights under subsection (1) because the original worker believed that there was a serious danger to the original worker’s safety or health. Maximum penalty for subsection (4)—200 penalty units.
s 274 amd 2024 No. 34 s 94
275 Representations about safety and health matters
(1) This section applies to a person who is— (a) a coal mine worker; or
(b) another person with obligations under this Act; or
(c) an employee of a person mentioned in paragraph (b).
(2) The person may make, either personally or by a representative, a representation to an inspector or inspection officer about— (a) an alleged contravention of this Act; or
(b) a thing or practice at the coal mine that is, or is likely to be, dangerous.
(3) The inspector or inspection officer must investigate the matter.
(4) A public service employee must not disclose the name of the person making the representation— (a) except for a prosecution under subsection (5); or
(b) unless the person consents to the disclosure.
(5) The person must not make a false or frivolous representation. Maximum penalty for subsection (5)—40 penalty units.
s 275 sub 2002 No. 25 s 15
275AA
Protection from reprisal
(1) A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, the other person— (a) has made a complaint, or in any other way has raised, a coal mine safety issue; or
(b) has contacted or given help to an official in relation to a coal mine safety issue.
Maximum penalty—1,000 penalty units.
(2) An attempt to cause detriment includes an attempt to induce a person to cause detriment.
(3) A contravention of subsection (1) is a reprisal or the taking of a reprisal.
(4) A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.
(5) For the contravention to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.
(6) This section does not limit or otherwise affect the operation of the
Public Interest Disclosure Act 2010 , chapter 4, part 1 in relation to reprisals.
(7) In this section—
coal mine safety issue
means an issue about the safety or health of a person or persons while at a coal mine or as a result of coal mining operations.
detriment
includes—
(a) personal injury or prejudice to safety; and
(b) property damage or loss; and
(c) intimidation or harassment; and
(d) adverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and
(e) financial loss; and
(f) damage to reputation, including, for example, personal, professional or business reputation.
s 275AA ins 2009 No. 16 s 11
amd 2010 No. 38 s 78 sch 3; 2020 No. 14
s 15A ; 2024 No. 34 s 95
275AB
Damages entitlement for reprisal
(1) A reprisal is a tort and a person who takes a reprisal is liable in damages to anyone who suffers detriment as a result.
(2) Any appropriate remedy that may be granted by a court for a tort may be granted by a court for the taking of a reprisal.
(3) If the claim for the damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury.
s 275AB ins 2009 No. 16 s 11
Division 2
Miscellaneous
275AC
Publication of information
(1) The Minister, CEO or chief inspector may publish information about any of the following matters— (a) the commission of offences against this Act and the persons who commit the offences;
(b) investigations conducted under this Act about accidents or high potential incidents at a coal mine;
(c) action taken by inspectors, inspection officers, authorised officers or the CEO to enforce this Act;
(d) the cancellation or suspension of a certificate of competency or site senior executive notice under section 195 (2) or part 10A ;
(e) any incident or other matter that may be relevant to persons seeking to comply with their safety and health obligations.
(2) Also, the Minister, CEO or chief inspector may publish any of the following information about serious accidents or high potential incidents— (a) the total number of accidents or incidents that happened in a particular period;
(b) a description of an accident or incident, including, for example, where and when an accident or incident happened;
(c) the name of a coal mine at which an accident or incident happened;
(d) the operator of a coal mine at which an accident or incident happened;
(e) the injuries or deaths that occurred in an accident or incident;
(f) any other information about the accident or incident the Minister, CEO or chief inspector considers appropriate.
(3) The Minister, CEO or chief inspector must not publish information under this section unless satisfied that it is in the public interest to do so.
(4) No liability is incurred by the State or any other person for the publication of, or for anything done for the purpose of publishing, information under this section in good faith.
(5) Subsection (4) applies despite section 276 .
(6) In this section—
liability
includes liability in defamation.
s 275AC ins 2011 No. 2 s 25
amd 2018 No. 28
s 45 ; 2020 No. 10
s 87 ; 2024 No. 34
s 96
275A Disclosure of information
(1) A person must not disclose information concerning the personal affairs of a person or commercially sensitive information obtained by the person in the administration of this Act, unless the disclosure is made— (a) with the consent of the person from whom the information was obtained; or
(b) in the administration of this Act; or
(c) in a proceeding under this Act or a report of the proceeding; or
(d) in a proceeding before a court in which the information is relevant to the issue before the court; or
(e) in information published under section 275AC .
Maximum penalty—100 penalty units.
(2) However, the chief inspector may communicate anything that comes to the chief inspector’s knowledge under this Act to an officer or authority responsible for administering a law of Queensland, the Commonwealth or another State about safety and health.
(3) Despite subsection (1), the chief inspector or CEO may disclose to the Regulator or WorkCover, under the
Workers’ Compensation and Rehabilitation Act 2003 , any information the chief inspector or CEO has that relates to any matter under that Act.
(4) This section does not limit the
Right to Information Act 2009 .
s 275A ins 2000 No. 18 s 13
amd 2009 No. 13 s 213 sch 5; 2011 No. 2 s 26; 2018 No. 28 s 46; 2020 No. 10
s 139 sch 2; 2024 No. 34
s 97 ; 2023 No. 32 s 141 sch 1 pt 2
276 Protection from liability
(1) An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.
Example of an act done—
giving information or advice
(2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.
s 276 amd 2005 No. 68 s 9; 2007 No. 46 s 41; 2009 No. 16 s 12
Part 18
Administration
277 Delegation by Minister or CEO
(1) The Minister or CEO (the
person ) may delegate the person’s functions and powers under this Act to an appropriately qualified person.
(2) However, the Minister may delegate a power under a provision required under section 227 (3)(c) to any appropriately qualified person for mines rescue services.
s 277 amd 2020 No. 10
s 88
278 Delegation of chief inspector’s powers
(1) The chief inspector may delegate any of the chief inspector’s powers to an inspector.
(2) However, the chief inspector may delegate a power to an inspector only if the chief inspector is satisfied the inspector has the expertise and experience to properly exercise the power.
(3) Also, the chief inspector must not delegate to an inspector the power to review an inspector’s directive under part 9 , division 3 .
279 Notices about coal industry statistics or information
(1) The CEO may, by notice, require a person to keep and give the CEO statistics or other information in the person’s custody, possession or power about the coal mining industry.
Examples of matters the notice may require—
1 the keeping and giving of records of production, disposal, sales and employment numbers
2 the compilation and giving of statistics, returns and other information, including about attendance and absenteeism for work at coal mines
3 that the records, statistics, returns or other information must be kept in an approved form
(2) The CEO may, by notice, amend a notice.
(3) The person must comply with the notice, unless the person has a reasonable excuse for not complying. Maximum penalty—40 penalty units.
(4) The CEO may— (a) use the information to produce statistics and other data; and
(b) publish the statistics and other data produced under paragraph (a).
s 279 amd 2008 No. 56 s 4; 2020 No. 10
s 139 sch 2
280 CEO to keep records
(1) The CEO must keep and maintain records that include— (a) a database of information about serious accidents and high potential incidents; and
(b) plans showing the extent of operations undertaken at abandoned mines; and
(c) current recognised standards.
(2) The CEO may give a person access to the records.
s 280 amd 2011 No. 2 s 27; 2020 No. 10
s 139 sch 2; 2024 No. 34 s 98
281 Approved forms
The chief inspector and the CEO may approve forms for use under this Act.
s 281 amd 2024 No. 34 s 99
Part 19
Regulations
282 Regulation-making power
(1) The Governor in Council may make regulations under this Act.
(2) Without limiting subsection (1), a regulation may be made about any matter mentioned in schedule 2 .
(3) Without limiting subsection (1) or schedule 2 , part 1 , item 6, a regulation may be made about assessing, charging and recovering fees payable to cover the cost of activities, carried out under this Act or another Act, relating to safety and health for coal mining operations.
(4) Without limiting subsection (3), a regulation may provide for any of the following— (a) the types of activities for which fees may be charged and recovered;
(b) the fees to be charged;
(c) the way the fees are calculated including, for the first time the fees are charged, prescribing the way based on criteria in place before the commencement of the regulation;
(d) who must pay the fees;
(e) how, when, where, and to whom, the fees must be paid;
(f) the calculation of interest payable on unpaid fees;
(g) the information that must be provided by the persons who must pay the fees;
(h) how, when, where, and to whom, the information is to be provided;
(i) investigations by authorised officers to obtain and check the information.
s 282 amd 2008 No. 43 s 4; 2014 No. 40 s 154 sch 1 pt 4; 2020 No. 10
s 89
Part 20
Repeal, transitional and validation provisions
pt 20 hdg amd 2003 No. 19 s 3 sch
sub 2017 No. 10 s 2B
Division 1
Transitional and repeal provisions for Act No. 39 of 1999
pt 20 div 1 hdg sub 2010 No. 17 s 29
Subdivision 1
Definitions
pt 20 div 1 sdiv 1 hdg ins 2010 No. 17 s 29
283 Definitions for div 1
In this division—
commencement
means the commencement of this section.
former Act
means the
Coal Mining Act 1925 .
former entity
means The Queensland Coal Board established under the former Act.
s 283 amd 2010 No. 17 s 30
Subdivision 2
Transitional matters
pt 20 div 1 sdiv 2 hdg ins 2010 No. 17 s 31
284 Existing notices
(1) A notice mentioned in subsection (3) and in force under the former Act immediately before the commencement remains in force as a notice for this Act.
(2) The notice— (a) may be amended or repealed by a regulation under this Act; and
(b) is to be read with the changes necessary to make it consistent with this Act and adapt its operation to the provisions of this Act.
(3) The notices are— (a) notice of a second working extraction under part 60 of the Coal Mining (Underground Coal Mines) General Rule 1983; and
(b) notice of sealing under part 3.1C of the Coal Mining (Underground Coal Mines) General Rule 1983.
285 Existing certificates of competency
If a certificate of competency issued by the board of examiners under the former Act and in force at the commencement is mentioned in this Act, it is taken to be a certificate of competency granted under this Act.
286 Approvals by inspector
If an approval of the chief inspector or an inspector for a stated use for stated plant is in force under the former Act immediately before the commencement, and a certificate by a nationally accredited testing station is required under this Act for the stated use for the plant, the approval of the chief inspector or inspector is taken to be a certificate given under this Act.
287 Board of examiners
(1) The board of examiners established under the
Mines Regulation Act 1964
is taken to be the board of examiners under this Act for 6 months after the commencement.
(2) A person who immediately before the commencement was a member of the board of examiners continues to be a member for 6 months after the commencement.
(3) To remove doubt, for this Act, the board of examiners has only the functions and powers set out in this Act.
288 Mines rescue performance criteria
Mines rescue performance criteria fixed and notified by the Minister under section 103O of the former Act and in force immediately before the commencement are taken to be mines rescue performance criteria fixed and notified by the Minister under section 233 of this Act.
288A Existing accreditation
(1) This section applies to an accreditation, to provide mines rescue services, in force under the former Act immediately before its repeal.
(2) The accreditation is taken to have continued as if the former Act had not been repealed, until the accreditation is replaced with accreditation under section 227 of this Act.
s 288A ins 2001 No. 33 s 7
289 Existing chief inspector to be chief inspector
A person who, immediately before the commencement, was the chief inspector of coal mines under the former Act, is taken to be appointed as the chief inspector under this Act.
290 Existing inspector to be inspector
A person who, immediately before the commencement, was an inspector under the former Act is taken to be appointed as an inspector under this Act.
291 Existing inspection officer to be inspection officer
A person who, immediately before the commencement, was an inspection officer under the former Act is taken to be appointed as an inspection officer under this Act.
292 Existing district union inspectors
A person who, immediately before the commencement, was a district union inspector under the former Act is taken to be appointed as an industry safety and health representative under this Act until the day the person’s appointment under the former Act would have ended.
293 Existing miners’ officer to be site safety and health representative
A person who, immediately before the commencement, was a miners’ officer under the former Act is taken to be a site safety and health representative under this Act and may, subject to this Act, continue to be a site safety and health representative for 6 months after the commencement.
294 Mine record book taken to be mine record
The record book for a mine under the former Act is taken to be the mine record for the mine under this Act.
295 Notices about coal industry statistics or information
A notice under section 110 of the former Act and in force immediately before the commencement is taken to be a notice by the chief executive under section 279.
296 Coal Industry Employees’ Health Scheme
(1) The Coal Industry Employees’ Health Scheme Order 1993 under the former Act, as in force immediately before the commencement, continues in force as a regulation under this Act and may be cited as a Coal Mining (Industry Employees’ Health Scheme) Regulation 1993.
(2) A reference in the regulation to the former entity is taken to be a reference to the chief executive.
297 Warden may finish inquiry into accident
(1) If a warden has started an inquiry into an accident under the former Act and the inquiry has not been finished at the commencement, the warden may finish the inquiry under the former Act as if it had not been repealed.
(2) In this section—
warden
means a warden under the
Mineral Resources Act 1989 .
Subdivision 3
Repeals
pt 20 div 1 sdiv 3 hdg ins 2010 No. 17 s 32
298 Repeals
The following Acts are repealed— (a)
Coal Mining Act 1925 ;
(b) Coal Mining Act Amendment Act 1928 .
Division 2
Transitional provisions for Mines and Energy Legislation Amendment Act 2010
pt 20 div 2 hdg prev pt 20 div 2 hdg om 2010 No. 17 s 31
pres pt 20 div 2 hdg ins 2010 No. 17 s 33
299 Definitions for div 2
In this division—
commencement
means the day this section commences.
coal mining safety and health advisory committee
means the coal mining safety and health advisory committee under section 75.
coal mining safety and health advisory council
means the coal mining safety and health advisory council established under section 75 as in force before the commencement.
s 299 ins 2010 No. 17 s 33
300 References to coal mining safety and health advisory council
A reference in an Act or document to the coal mining safety and health advisory council is, if the context permits, taken to be a reference to the coal mining safety and health advisory committee.
s 300 ins 2010 No. 17 s 33
301 Continuation of coal mining safety and health advisory council and appointment of members
(1) On the commencement, the coal mining safety and health advisory council continues as the coal mining safety and health advisory committee.
(2) Subsection (3) applies to a person who, immediately before the commencement, is a member of the coal mining safety and health advisory council.
(3) On the commencement, the person is taken to be a member of the coal mining safety and health advisory committee.
s 301 ins 2010 No. 17 s 33
Division 3
Transitional provision for Mines and Energy Legislation Amendment Act 2011
pt 20 div 3 hdg prev pt 20 div 3 hdg om 2010 No. 17 s 32
pres pt 20 div 3 hdg ins 2011 No. 2 s 28
302 Application of appeal costs provision to undecided appeals
(1) The appeal costs provision applies to any appeal under part 14 started, but not decided, before the commencement of this section.
(2) In this section—
appeal costs provision
means section 248(3) as amended under the
Mines and Energy Legislation Amendment Act 2011 .
s 302 ins 2011 No. 2 s 28
Division 4
Transitional and validation provisions for Water Reform and Other Legislation Amendment Act 2014
pt 20 div 4 hdg ins 2014 No. 64 s 210
303 Application of joint interaction management plan provisions
(1) The joint interaction management plan provisions do not apply to a coal mining lease mentioned in the
Mineral Resources Regulation 2013 , section 23 (1).
Note—
The holder of the coal mining lease would continue to be subject to the
Mineral Resources Regulation 2013 , chapter 2 , part 4 , division 4 as in force from time to time.
(2) The joint interaction management plan provisions do not apply in relation to the following for a period of 6 months starting on the commencement— (a) coal mining operations carried out in an overlapping area the subject of an exploration permit (coal), within the meaning of the
Common Provisions Act , if an activity under an authority to prospect (csg) or petroleum lease (csg) within the meaning of that Act is also carried out in the overlapping area;
(b) coal mining operations carried out in an overlapping area the subject of a mineral development licence (coal), within the meaning of the
Common Provisions Act , if an activity for an authority to prospect (csg) or petroleum lease (csg) within the meaning of that Act is also carried out in the overlapping area.
(3) In this section—
joint interaction management plan provisions
means part 4, division 3A.
s 303 ins 2014 No. 64 s 210
303A
Requirement for joint interaction management plan by particular date
(1) This section applies if, on 27 September 2017 and despite the
Mineral and Energy Resources (Common Provisions) Transitional Regulation 2016 , section 11— (a) a joint interaction management plan has not been made under section 64E in relation to the coal mining operations— (i) mentioned in section 303(2); or
(ii) carried out in an overlapping area the subject of a mining lease (coal) if an activity for an authority to prospect (csg) is also carried out in the overlapping area; and
(b) the reason a joint interaction management plan has not been made under section 64E is that arbitration of a dispute about the plan has been applied for under section 64E(3) or (4).
(2) The overlapping safety plan applying in relation to the coal mining operations is taken to be a joint interaction management plan for section 64E(1)(a).
(3) Subsection (2) applies until a joint interaction management plan is made under section 64E for the coal mining operations.
(4) In this section—
overlapping safety plan , applying in relation to coal mining operations, means the part of the safety and health management system under this Act applying in relation to the coal mining operations that deals with hazards and risks relating to carrying out activities in an overlapping area.
s 303A ins 2017 No. 34 s 71
304 Return of seized things
(1) New section 149 applies in relation to a thing seized under part 9 before the commencement that, on the commencement, is still seized.
(2) If, at any time before the commencement, a thing seized under part 9 was not returned to its owner within the time required under old section 149— (a) the retention of the thing is taken to have been as lawful as it would have been apart from the non-compliance with old section 149; and
(b) the State is not liable to pay compensation, and does not incur any other liability, for the retention of the thing in contravention of old section 149.
(3) Subsection (2) applies for all purposes including a legal proceeding started before the commencement.
(4) In this section—
new section 149
means section 149 as in force from the commencement.
old section 149
means section 149 as in force from time to time before the commencement.
s 304 ins 2014 No. 64 s 210
Division 5
Validation provision for Land and Other Legislation Amendment Act 2017
pt 20 div 5 hdg ins 2017 No. 10 s 2C
305 Validation of particular appointments
(1) This section applies if, before the commencement, an officer or employee of the public service was purportedly appointed to any of the following offices (each a
relevant office )— (a) an inspector or inspection officer under section 125(1);
(b) for an inspector—the chief inspector of coal mines under section 125(2);
(c) an authorised officer under section 129A.
(2) The person is declared to always have been validly appointed to the relevant office.
(3) Anything done or omitted to be done by the person that would have been valid and lawful under this Act had the person been validly appointed to the relevant office is taken to be, and always to have been, valid and lawful.
(4) Without limiting subsection (3), it is declared that evidence obtained by the person in the purported exercise of a power under this Act is taken to be, and always to have been, lawfully obtained.
s 305 ins 2017 No. 10 s 2C
Division 6
Transitional provision for Mineral, Water and Other Legislation Amendment Act 2018
pt 20 div 6 hdg ins 2018 No. 24 s 6
306 Requirement for joint interaction management plan relating to overlapping authority to prospect, petroleum lease, or water monitoring authority, under 1923 Act
(1) This section applies in relation to coal mining operations carried out in an overlapping area if an authority relating to the overlapping area is an authority to prospect, petroleum lease, or water monitoring authority, under the
Petroleum Act 1923 .
(2) The overlapping safety plan applying in relation to the coal mining operations is taken to be a joint interaction management plan for the purposes of section 64E(1)(a).
(3) Subsection (2) applies until a joint interaction management plan is made under section 64E for the coal mining operations.
(4) The site senior executive for the coal mine responsible for making a joint interaction management plan under section 64E must— (a) make reasonable attempts to consult with the operator of each authorised activities operating plant, as mentioned in section 64E(1)(b)(i), within 2 months after the commencement; and
(b) if the site senior executive seeks to rely on section 64E(2)—give the operator of each authorised activities operating plant a copy of the proposed plan, as mentioned in that subsection, within 2 months after the commencement.
(5) In this section—
overlapping safety plan , applying in relation to coal mining operations, means the part of the safety and health management system applying in relation to the coal mining operations that deals with hazards and risks relating to carrying out activities in an overlapping area.
s 306 ins 2018 No. 24 s 6
Division 7
Transitional provisions for Mines Legislation (Resources Safety) Amendment Act 2018
pt 20 div 7 hdg ins 2018 No. 28
s 47
307 Definitions for division
In this division—
amended , in relation to a provision of this Act, means the provision as amended or inserted by the
Mines Legislation (Resources Safety) Amendment Act 2018 .
transitional period
means the period starting on the commencement of sections 308 and 309 and ending 3 years after the commencement of those sections.
s 307 ins 2018 No. 28
s 47
308 Appointment of, and acting as, ventilation officers for underground mines during transitional period
(1) Amended section 61(3) or 61A(4) does not apply to the appointment of a ventilation officer, or acting ventilation officer, for an underground mine during the transitional period.
(2) Amended section 61A(2)(b) does not apply to an underground mine manager for an underground mine assuming the duties of the ventilation officer for the mine during the transitional period.
s 308 ins 2018 No. 28
s 47
309 Ventilation officers holding office when transitional period ends
(1) This section applies to a person who, when the transitional period ends, is appointed as the ventilation officer, or acting ventilation officer, for an underground mine.
(2) The person’s appointment ends immediately after the transitional period ends unless the person holds a ventilation officer’s certificate of competency.
(3) This section applies despite section 61.
s 309 ins 2018 No. 28
s 47
310 Existing site senior executive notices
(1) This section applies to a notice issued by the board of examiners to a person relating to the person’s competency to perform the duties of a site senior executive for a coal mine, if the notice was in force immediately before the commencement.
(2) The notice is taken to be a site senior executive notice.
s 310 ins 2018 No. 28
s 47
Division 8
Transitional provisions for Resources Safety and Health Queensland Act 2020
pt 20 div 8 hdg ins 2020 No. 10 s 90
311 Definitions for division
In this division—
corresponding provision , for a provision of the pre-amended Act, means a provision of this Act that provides for the same, or substantially the same, matter as the provision of the pre-amended Act.
pre-amended Act
means this Act as in force before the commencement.
s 311 ins 2020 No. 10 s 90
312 Functions performed and powers exercised by chief executive
A function performed, or power exercised, by the chief executive under a provision of the pre-amended Act, if the context permits, is taken to have been performed, or exercised, by the CEO under the corresponding provision.
s 312 ins 2020 No. 10 s 90
313 References to chief executive
(1) This section applies if— (a) a provision of the pre-amended Act mentioned the chief executive; and
(b) a corresponding provision mentions the CEO.
(2) In a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the chief executive is taken to be a reference to the CEO.
s 313 ins 2020 No. 10 s 90
314 Functions performed and powers exercised by Commissioner for Mine Safety and Health
(1) A function performed, or power exercised, by the Commissioner for Mine Safety and Health under a provision of the pre-amended Act, if the context permits, is taken to have been performed, or exercised, by the Commissioner for Resources Safety and Health under the corresponding provision.
(2) Subsection (1) is subject to section 316.
s 314 ins 2020 No. 10 s 90
315 References to Commissioner for Mine Safety and Health
(1) This section applies if— (a) a provision of the pre-amended Act mentioned the Commissioner for Mine Safety and Health; and
(b) a corresponding provision mentions the Commissioner for Resources Safety and Health.
(2) In a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the Commissioner for Mine Safety and Health is taken to be a reference to the Commissioner for Resources Safety and Health.
(3) Subsection (2) is subject to section 316.
s 315 ins 2020 No. 10 s 90
316 Existing proceedings
(1) This section applies to the following proceedings started before the commencement— (a) a proceeding for an offence against the pre-amended Act started by— (i) the Commissioner for Mine Safety and Health; or
(ii) the chief executive or another appropriately qualified person with the written authorisation of the chief executive;
(b) a proceeding for an injunction, interim injunction, or to rescind or vary an injunction, under the pre-amended Act, started by the Commissioner for Mine Safety and Health;
(c) an appeal against a decision made on a proceeding mentioned in paragraph (a) or (b).
(2) If, immediately before the commencement, the proceeding had not been finally dealt with, on the commencement— (a) if the proceeding was brought by the Commissioner for Mine Safety and Health and is in relation to a serious offence within the meaning of section 255(10)—the WHS prosecutor becomes a party to the proceeding in place of the commissioner; and
(b) if the proceeding is a proceeding other than a proceeding mentioned in paragraph (a)—the CEO becomes a party to the proceeding in place of the person who started the proceeding.
(3) For a proceeding mentioned in subsection (2)(b), on the commencement or at any time after the commencement, the CEO may authorise in writing another appropriately qualified person, including, for example, the WHS prosecutor, to become a party to the proceeding in place of the CEO.
s 316 ins 2020 No. 10 s 90
317 Costs of investigation
(1) This section applies if a court convicts a person of an offence against this Act after the commencement.
(2) The court may order the person to pay the reasonable costs of investigating the offence, including reasonable costs of preparing for the prosecution of the offence, whether the costs were incurred by the department or RSHQ, and whether the offence was committed before or after the commencement.
s 317 ins 2020 No. 10 s 90
318 References to department
(1) This section applies if— (a) a provision of the pre-amended Act mentioned the department; and
(b) a corresponding provision mentions RSHQ.
(2) In a document made under or relating to the provision of the pre-amended Act, if the context permits, a reference to the department is taken to be a reference to RSHQ.
s 318 ins 2020 No. 10 s 90
Division 9
Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020
pt 20 div 9 hdg ins 2020 No. 14
s 10
319 Deferral of obligation of coal mine operators to ensure employees are appointed to particular positions
Sections 54(5), 57(2), 59(2), 60(12), 61(4) and 61A(5), as inserted by the
Mineral and Energy Resources and Other Legislation Amendment Act 2020 , do not apply to a coal mine operator for a coal mine until 25 November 2022.
s 319 ins 2020 No. 14
s 10
amd 2021 No. 18 s 1B
320 Particular appointments of persons who are not employees of coal mine operators made before commencement and during transitional period
(1) This section applies if, immediately before the commencement, a person (the
appointee ) held any of the following appointments in relation to a coal mine—
(a) an appointment under section 54 as the site senior executive for the coal mine or, if the coal mine is or includes a separate part of a surface mine, the separate part;
(b) an appointment under section 57 to act as the site senior executive;
(c) an appointment under section 59 to carry out the responsibilities and duties prescribed under a regulation in 1 or more surface mine excavations;
(d) an appointment under section 60(2) as the underground mine manager;
(e) an appointment under section 60(4) as the alternate underground mine manager;
(f) an appointment under section 60(8) to be responsible for the control and management of underground activities when the underground mine manager is not in attendance;
(g) an appointment under section 60(9) to have control of activities in 1 or more explosion risk zones;
(h) an appointment under section 60(10) to control and manage the mechanical and electrical engineering activities;
(i) an appointment under section 61(2) as the ventilation officer;
(j) an appointment under section 61A(3) to act as the ventilation officer.
(1A) This section also applies if a person (also the
appointee ) holds an appointment mentioned in subsection (1)(a) to (j), in relation to a coal mine, made in the period starting on 25 May 2020 and ending on 25 November 2022.
(2) The appointee is taken to hold a valid appointment under the provision mentioned in subsection (1) even if the appointee is not an employee of the coal mine operator for the mine.
(3) However, if the appointee is not an employee of a coal mine operator, the appointee is taken to hold a valid appointment under the provision mentioned in subsection (1) only until 25 November 2022.
(4) No compensation is payable to an appointee because of this section.
s 320 ins 2020 No. 14
s 10
amd 2021 No. 18
s 1C
321 Validation of particular orders for costs
(1) This section applies to a costs order purportedly made by an Industrial Magistrates Court before the commencement in relation to a proceeding for an offence against this Act.
(2) The making of the costs order is, and is taken to always have been, as valid as it would have been if amended section 264 had been in effect from 16 March 2001.
(3) Anything done under the costs order is, and is taken to always have been, as valid as it would have been if amended section 264 had been in effect from 16 March 2001.
(4) If the repealed
Industrial Relations Act 1999
applied to the proceeding, amended section 264 applies as if the reference in section 264(3) to the Industrial Relations Act 2016 , section 530(6) were a reference to section 319(3) of the repealed Act.
(5) In this section—
amended section 264
means section 264 as amended by the
Mineral and Energy Resources and Other Legislation Amendment Act 2020 .
costs order
means an order awarding a represented party for a proceeding costs of the representation.
Industrial Magistrates Court
includes an Industrial Magistrates Court under the repealed
Industrial Relations Act 1999 .
represented party , for a proceeding, means a party to the proceeding, or a person ordered or permitted to appear or to be represented by a lawyer, who is represented by a lawyer.
s 321 ins 2020 No. 14
s 16
Division 10
Transitional provisions for Coal Mining Safety and Health and Other Legislation Amendment Act 2022
pt 20 div 10 hdg ins 2022 No. 29 s 12
322 Definitions for division
In this division—
former , for a provision of this Act, means the provision as in force from time to time before the commencement.
new , for a provision of this Act, means the provision as in force from the commencement.
s 322 ins 2022 No. 29 s 12
323 Application of new pt 4, div 2
From the commencement, new part 4, division 2 applies in relation to the appointment of a person, whether the appointment was made before, or is made after, the commencement.
s 323 ins 2022 No. 29 s 12
324 Particular existing appointees go out of office
(1) This section applies if, immediately before the commencement, a person (the
appointee )—
(a) was the site senior executive for a coal mine; or
(b) held an appointment under former section 59(1), 60(2), (4), (8), (9) or (10) or 61(2).
(2) If, on the commencement, the appointee could not be appointed under the new appointment provisions, the appointee goes out of office.
(3) No compensation is payable to the appointee because of this section.
(4) In this section—
new appointment provisions , for an appointee, means—
(a) if the appointee is a person mentioned in subsection (1)(a)—new section 54(5) and (6); or
(b) if the appointee was appointed under former section 59(1)—new section 59(2); or
(c) if the appointee was appointed under former section 60(2), (4) or (8)—new section 60(12)(a); or
(d) if the appointee was appointed under former section 60(9) or (10)—new section 60(12)(b); or
(e) if the appointee was appointed under former section 61(2)—new section 61(4).
s 324 ins 2022 No. 29 s 12
325 Continuation of acting appointments made before commencement
(1) This section applies if, immediately before the commencement, a person (the
appointee ) held an appointment— (a) under former section 57(1); or
(b) under former section 58(2) to perform the duties of— (i) an open-cut examiner under former section 59(1); or
(ii) a person appointed under former section 60(2), (4), (8), (9) or (10); or
(c) under former 61A(3).
(2) From the commencement, the appointee is taken to be appointed under— (a) for an appointee mentioned in subsection (1)(a)—new section 57(3); or
(b) for an appointee mentioned in subsection (1)(b)(i)—new section 59A(3); or
(c) for an appointee mentioned in subsection (1)(b)(ii)—new section 60A(3); or
(d) for an appointee mentioned in subsection (1)(c)—new section 61A(4).
(3) This section applies subject to section 326.
s 325 ins 2022 No. 29 s 12
326 When particular acting appointments made before commencement taken to commence
(1) For an appointee mentioned in section 325(1)(a), new section 57(5) applies in relation to the appointee as if— (a) the appointed SSE was first temporarily absent from duty on the day of the commencement; and
(b) the appointee had been appointed to act in the office on the day of the commencement.
(2) For an appointee mentioned in section 325(1)(b)(i), new section 59A(4) applies in relation to the appointee as if— (a) the appointed open-cut examiner was first temporarily absent from duty on the day of the commencement; and
(b) the appointee had been appointed to act in the office on the day of the commencement.
(3) For an appointee mentioned in section 325(1)(b)(ii), new section 60A(4) applies in relation to the appointee as if— (a) the person in whose office the appointee is acting was first temporarily absent from duty on the day of the commencement; and
(b) the appointee had been appointed to act in the office on the day of the commencement.
(4) For an appointee mentioned in section 325(1)(c), new section 61A(6) applies in relation to the appointee as if— (a) the ventilation officer appointed under former section 61 was first temporarily absent from duty on the day of the commencement; and
(b) the appointee had been appointed to act in the office on the day of the commencement.
(5) This section does not limit the following provisions— (a) for subsection (1)—new section 57(6) and (7);
(b) for subsection (2)—new section 59A(5);
(c) for subsection (3)—new section 60A(5);
(d) for subsection (4)—new section 61A(7).
s 326 ins 2022 No. 29 s 12
Division 11
Transitional provision for Information Privacy and Other Legislation Amendment Act 2023
pt 20 div 11 hdg ins 2023 No. 32 s 2B
327 Application of sch 3, definition
union
(1) Schedule 3, definition
union , as in force from the commencement, is taken to have applied from 1 December 2023 for all purposes.
(2) To remove any doubt, it is declared that the amendment of schedule 3, definition
union by the
Information Privacy and Other Legislation Amendment Act 2023 , section 2C — (a) has effect only to reflect a change of the union’s name; and
(b) does not affect the appointment or funding of industry safety and health representatives under part 8 before the commencement.
s 327 ins 2023 No. 32 s 2B
Division 12
Transitional provisions for Resources Safety and Health Legislation Amendment Act 2024
pt 20 div 12 hdg ins 2024 No. 34 s 100
328 Definitions for division
In this division—
former , for a provision of this Act, means the provision as in force from time to time before the commencement of the provision in which the term is used.
new , for a provision of this Act, means the provision as in force from the commencement of the provision in which the term is used.
s 328 ins 2024 No. 34 s 100
329 Deferral of requirements relating to critical controls
(1) New sections 30, 47A, 62(5) and 63(1) do not apply until the day that is 1 year after the commencement.
(2) Former sections 30, 47A, 62(5) and 63(1) continue to apply until that day that is 1 year after the commencement.
s 329 ins 2024 No. 34 s 100
330 Deferral of requirements relating to operational ROC workers
(1) New sections 42(h) and 62(3) do not apply until the day that is 6 months after the commencement.
(2) Former sections 42(h) and 62(3) continue to apply until the day that is 6 months after the commencement.
s 330 ins 2024 No. 34 s 100
331 Deferral of additional requirements for management of surface mines
New sections 58A and 58B do not apply until the day that is 5 years after the commencement.
s 331 ins 2024 No. 34 s 100
333 Deferral of requirement for electrical engineering manager for underground mine to hold board qualifications
(1) New section 60(10) does not apply to the appointment of an electrical engineering manager for an underground mine, or to an acting electrical engineering manager appointed under new section 60A(2) or (3), until the day that is 5 years after the commencement.
(2) If, on the day that is 5 years after the commencement, an electrical engineering manager for an underground mine, or an acting electrical engineering manager appointed under former section 60A(2) or (3), does not hold both of the board qualifications required under new section 60(10), the appointment of the manager or acting manager is terminated.
(3) Former sections 60(10) and 60A(2), (3) and (8) continue to apply until the day that is 5 years after the commencement.
s 333 ins 2024 No. 34 s 100
334 Deferral of requirement for mechanical engineering manager for underground mine to hold board qualifications
(1) New section 60(11) does not apply to the appointment of a mechanical engineering manager for an underground mine, or to an acting mechanical engineering manager appointed under new section 60A(2) or (3), until the day that is 5 years after the commencement.
(2) If, on the day that is 5 years after the commencement, a mechanical engineering manager for an underground mine, or an acting underground mechanical engineering manager appointed under former section 60A(2) or (3), does not hold both of the board qualifications required under new section 60(11), the appointment of the manager or acting manager is terminated.
(3) Former sections 60(10) and 60A(2), (3) and (8) continue to apply until the day that is 5 years after the commencement.
s 334 ins 2024 No. 34 s 100
335 Deferral of particular requirements to hold practising certificate
(1) This section applies to the following requirements— (a) the requirement under new section 54(4)(a)(ii) and (b)(ii) for a site senior executive for a coal mine to hold a practising certificate;
(b) the requirement under new section 57(4)(b) for an acting site senior executive for a coal mine to hold a practising certificate;
(c) the requirement under new section 59(1)(b) for an open-cut examiner for a surface mine excavation carried out at a surface mine or part of a surface mine to hold a practising certificate;
(d) the requirement under new section 59A(6)(b) for a person acting as an open-cut examiner for a surface mine to hold a practising certificate;
(e) the requirement under new section 60(5)(b) for an underground mine manager to hold a practising certificate;
(f) the requirement under new section 60(8)(b) for a person responsible for the control and management of underground activities at an underground mine when the manager is not in attendance at the mine to hold a practising certificate;
(g) the requirement under new section 60(9)(b) for a person who is to have control of activities in 1 or more explosion risk zones for an underground mine to hold a practising certificate;
(h) the requirement under new section 60A(6) and (8) for a person acting in a position mentioned in paragraph (e), (f) or (g) to hold a practising certificate;
(i) the requirement under new section 61(3)(b) for a ventilation officer to hold a practising certificate;
(j) the requirement under new section 61A(5)(b) for a person acting as a ventilation officer to hold a practising certificate;
(k) the requirement under new section 109(2)(b) for an industry safety and health representative to hold a practising certificate;
(l) the requirement under new section 126(2) for particular persons appointed as an inspector to hold a practising certificate;
(m) the requirement under new section 186(1)(b)(iii) or (iv), (c)(ii) or (d)(ii) or (3)(d) for particular members of the board of examiners to hold a practising certificate.
(2) The requirement does not apply until 10 June 2025.
(3) If, on 10 June 2025, the person mentioned in subsection (1) does not hold the required practising certificate, the appointment of the person to the position mentioned in subsection (1) is terminated.
(4) Former sections 54(4), 57, 59(1), 60(5) and (8), 60A(6) and (8), 61(3), 61A(5), 109(2) and 126 continue to apply until 10 June 2025.
(5) In this section—
practising certificate
includes a practising certificate under the Mining and Quarrying Safety and Health Act 1999 .
s 335 ins 2024 No. 34 s 100
336 Deferral of requirement for board of examiners to include person who has expertise in assessment of competencies
New section 186(1)(a) does not apply until the day that is 2 years after the commencement.
s 336 ins 2024 No. 34 s 100
337 Deferral of requirement for chairperson of board of examiners to have particular qualifications
(1) New section 186(2) does not apply until the day that is 2 years after the commencement.
(2) Former section 186(2) continues to apply until the day that is 2 years after the commencement.
s 337 ins 2024 No. 34 s 100
338 No compensation payable because of termination of appointment under division
(1) This section applies if a person’s appointment to a position is terminated because of the operation of this division.
(2) No compensation is payable to the person because of the termination.
s 338 ins 2024 No. 34 s 100
339 Dealing with charges of offences against Act in summary way before Magistrates Court
(1) New section 255 applies in relation to a proceeding for an offence against this Act started after the commencement, whether the offence was alleged to have been committed before or after the commencement.
(2) Without limiting the Acts Interpretation Act 1954 , section 20, a proceeding for an offence started under former section 255 before an industrial magistrate before the commencement may be continued before the industrial magistrate after the commencement despite the amendment of former section 255 by the
Resources Safety and Health Legislation Amendment Act 2024 .
(3) Also, a person dissatisfied with a decision of an industrial magistrate in a proceeding mentioned in subsection (2) may appeal to the Industrial Court under former section 255 despite the amendment of former section 255 by the
Resources Safety and Health Legislation Amendment Act 2024 .
s 339 ins 2024 No. 34 s 100
340 Limitation period for starting prosecution
(1) New section 257 applies only in relation to a proceeding for an offence against this Act alleged to have been committed after the commencement.
(2) Former section 257 continues to apply in relation to a proceeding for an offence against this Act alleged to have been committed before the commencement despite the amendment of former section 257 by the
Resources Safety and Health Legislation Amendment Act 2024 .
s 340 ins 2024 No. 34 s 100
341 Administrative region established by chief executive before commencement
(1) This section applies if— (a) before the commencement, the chief executive established an administrative region for the administration of this Act under former schedule 3, definition
region ; and
(b) immediately before the commencement, the administrative region was still in effect.
(2) The administrative region is taken to have been established by the CEO under new schedule 3, definition
region .
s 341 ins 2024 No. 34 s 100
Division 13
Transitional provisions for Resources Safety and Health Queensland and Other Legislation Amendment Act 2026
pt 20 div 13 hdg ins 2026 No. 10
s 11
342 Definitions for division
In this division—
former chairperson
means the person who, immediately before the commencement, was the commissioner under the Resources Safety and Health Queensland Act 2020 , section 48(1) as in force before the commencement.
new section 78
means section 78 of this Act as in force from the commencement.
new chairperson
means—
(a) the chairperson of the committee appointed under new section 78; or
(b) if, on the commencement, no chairperson has been appointed under new section 78—the inspector nominated under section 343(1).
s 342 ins 2026 No. 10
s 11
343 Chairperson of committee
(1) On the commencement, if the Minister has not appointed a chairperson of the committee under new section 78, an inspector nominated by the Minister is taken to be appointed as the chairperson of the committee.
(2) The appointment of the inspector under subsection (1) ends when the Minister appoints a chairperson under new section 78.
s 343 ins 2026 No. 10
s 11
344 Continuation of acts and matters
Anything done, or started but not completed, under this Act, by the former chairperson before the commencement is, if the context permits, taken to have been done or started, and may be completed, by the new chairperson.
s 344 ins 2026 No. 10
s 11
345 Functions and powers
A function performed, or power exercised, under this Act by the former chairperson before the commencement is, if the context permits, taken to have been performed, or exercised, by the new chairperson.
s 345 ins 2026 No. 10
s 11
346 References to former chairperson
In a document, a reference to the former chairperson may, if the context permits and to the extent the reference relates to the former chairperson’s functions as chairperson of the committee, be taken to be a reference to the new chairperson.
s 346 ins 2026 No. 10
s 11
Schedule 2
Subject matter for regulations
section 282
Part 1
General
1 The performance objectives used to achieve an acceptable level of risk.
Example of matters under item 1—
prescribing that procedures must be developed and implemented to control exposure to noise at a coal mine
2 Prohibiting anything or, prescribing anything, to achieve an acceptable level of risk.
Example of item 2—
prescribing the level of respirable dust that is acceptable at a coal mine
3 Matters specifically relating to the exploration, mining, management, disposal and use of coal seam gas.
4 Matters relating to the drilling, completion and abandonment of boreholes and the reporting of information relating to the matters.
5 Matters of an administrative nature.
Example—
notice of an accident at a coal mine
6 Fees payable under this Act.
7 Creating offences and prescribing penalties of not more than 400 penalty units for offences against the regulation.
Part 2
Matters about safety and health
1 Coal mining operations and installations and equipment at coal mines, including the operation of the working environment.
2 Prescribing standard operating procedures and requirements for coal mines, including for emergencies at coal mines.
3 Ways to investigate for, identify and assess hazards at coal mines.
4 Prescribing the tasks for which the committee is to establish and publish competencies.
5 Investigations and reports by coal mine operators of accidents and incidents at coal mines.
6 Reports of diseases affecting coal mine workers.
7 Prescribing activities at coal mines for which standard operating procedures are to be developed and situations in which those procedures must be developed.
8 Prescribing activities at coal mines for which principal hazard management plans must be developed.
9 Records to be kept and returns to be lodged by coal mine operators and requirements as to inspection of the records.
10 Notices to be given and the persons by whom and to whom the notices are to be given.
11 Mines rescue capability or the provision of mines rescue services under part 13 .
12 Prohibiting the consumption or ingestion of alcohol or another substance that could impair the ability of persons to adequately and safely carry out their duties or that may endanger the life, safety or health of anyone at a coal mine.
13 Prohibiting a person carrying out activities at a coal mine while under the influence of alcohol or another substance that could impair the ability of a person to adequately and safely carry out their duties or that may endanger the life, safety or health of anyone at a coal mine.
14 The mine record, its custody and care, information to be entered in it and persons who may be required to make entries.
15 Materials or objects to be classified as contraband.
16 Proceedings of the board of examiners.
17 Proceedings of the committee.
18 Safety and health duties of coal mine workers, including reporting requirements.
19 Monitoring requirements to safeguard safety and health.
20 Design requirements, monitoring, testing and other safeguards for the use of electrical equipment and electricity.
21 Design requirements, monitoring, testing and other safeguards for the use of mechanical equipment and appliances.
22 The equipment for which certificates must be obtained from nationally accredited testing stations.
23 Requirements for the safe use of explosives.
24 Exposure levels for toxic chemicals, substances and other potentially debilitating disturbances that may affect health.
25 Protection barriers or other precautions necessary to protect coal mines from hazards that may engulf workings.
26 Exits in underground mines from workings to surface.
27 Survey plans, including how often plans must be given to the CEO.
28 Special rules that may from time to time be required to address health or safety problems at a specified mine.
29 The health of persons who are, will be or have been employed at a coal mine, including about— (a) the appointment, qualifications and removal of doctors and other health practitioners for mines; and
(b) pre-employment and periodic medical examinations and health assessments to decide a person’s fitness for work at a coal mine and for the purpose of health surveillance; and
(c) the ownership, storage, confidentiality and release of the results of medical examinations and health assessments; and
(d) reciprocal arrangements between coal mining operations for the exchange of information or the recognition of medical examinations or health assessments.
29A Requirements for holders of certificates of competency or site senior executive notices to undertake continuing professional development decided by the board of examiners.
29B Matters relating to board qualifications.
30 Matters relating to common survey standards.
31 The responsibilities and duties of open-cut examiners.
32 Requirements, in addition to the requirement under section 62A , for safety and health management systems to identify, assess, mitigate, remediate, monitor and report on the potential of the impacts of coal mining operations on the safety of adjacent or overlapping petroleum activities, including requirements for joint interaction management plans.
32A The responsibilities and obligations of site senior executives in an overlapping area including in relation to joint interaction management plans.
33 Requirements to identify, assess, mitigate, remediate, monitor and report on the potential of coal seam gas extraction activities on the future safe carrying out of coal mining operations, including coal seam gas exploration and production activities at coal mines.
34 The granting of exemptions by the chief inspector from complying with all or part of the requirements of a regulation made under part 1 , item 3 or 4, for a stated coal mining operation at a coal mine or for a stated coal seam.
35 Without limiting items 1 to 34, another matter about safety and health.
sch 2 amd 2004 No. 25 s 944 (amd 2004 No. 26 s 256); 2005 No. 3 s 105 sch; 2007 No. 36 s 2 sch; 2007 No. 46 s 42 (amdt could not be given effect); 2010 No. 17 s 17 sch; 2014 No. 64 s 211; 2018 No. 28 s 48; 2020 No. 10
s 139 sch 2; 2024 No. 34 s 101
Schedule 3
Dictionary
section 8
acceptable level
of risk to a person from coal mining operations, see section 29 .
accident
see section 15 .
accredited corporation , for part 13 , means a corporation accredited under section 227 .
arbitration , of a dispute, for part 4 , division 3A , see section 64D .
sch 3 def
arbitration ins 2014 No. 64 s 212
associated entity
has the meaning given by the
Corporations Act , section 50AAA.
sch 3 def
associated entity ins 2022 No. 29 s 13
attendance notice
see section 213 .
authorised activities operating plant , for part 4 , division 3A , see section 64D .
sch 3 def
authorised activities operating plant ins 2014 No. 64 s 212
authorised officer
means a person appointed as an authorised officer under this Act.
sch 3 def
authorised officer ins 2007 No. 46 s 43
authorised official , for part 9 , division 5 , see section 161 .
sch 3 def
authorised official ins 2024 No. 34 s 102(2)
board of examiners
see section 184 .
sch 3 def
board of examiners amd 2011 No. 2 s 29
board of inquiry
means a board of inquiry established under section 202 .
sch 3 def
board of inquiry ins 2024 No. 34 s 102(2)
board qualification
see section 182A .
sch 3 def
board qualification ins 2024 No. 34 s 102(2)
bodily harm
see
Criminal Code , section 1 .
causes , for part 3A , see section 48A (2).
sch 3 def
causes ins 2020 No. 14 s 17
CEO
means the chief executive officer of RSHQ.
sch 3 def
CEO ins 2020 No. 10 s 91 (2)
certificate of competency
means a certificate of competency granted by the board of examiners under this Act.
chief executive ...
sch 3 def
chief executive ins 2002 No. 25 s 16
om 2020 No. 10 s 91 (1)
chief inspector
means the chief inspector of coal mines.
civil penalty obligation , for part 15B , see section 267E .
sch 3 def
civil penalty obligation ins 2018 No. 28
s 49 (2)
coal mine —
(a) generally, see section 9 ; or
(b) for a person who is in control of, has responsibility for or is appointed for a separate part of a surface mine, means the part of the mine for which the person has control, responsibility or is appointed.
coal mine operator
see section 21 .
coal mine worker
means an individual who carries out work at a coal mine and includes the following individuals who carry out work at a coal mine—
(a) an employee of the coal mine operator;
(b) a contractor;
(c) an employee of a contractor.
sch 3 def
coal mine worker amd 2018 No. 28
s 49 (3)
sub 2024 No. 34 s 102(1)–(2)
coal mining operations
means activities, including on-site activities, carried out at a coal mine that are associated with the following in relation to coal or coal seam gas—
(a) exploration;
(b) extracting;
(c) the processing and treatment;
(d) installing and maintaining equipment used for extraction, processing and treatment.
sch 3 def
coal mining operations amd 2004 No. 25 s 945 (3); 2005 No. 3 s 105 sch
commissioner ...
sch 3 def
commissioner ins 2009 No. 16 s 13
sub 2020 No. 10 s 91 (1)–(2)
om 2026 No. 10
s 12 (1)
committee
see section 75 .
sch 3 def
committee ins 2010 No. 17 s 34 (2)
Common Provisions Act
means the
Mineral and Energy Resources (Common Provisions) Act 2014 .
sch 3 def
Common Provisions Act ins 2014 No. 64 s 212
commute system
means a schedule specifying the regular periods when underground mine managers and other supervisors and their alternates are to assume their duties at a coal mine.
competence , for a task at a coal mine, see section 12 .
conduct , for part 3A , see section 48A (1).
sch 3 def
conduct ins 2020 No. 14 s 17
consultation , with coal mine workers, see section 13 .
contraband
is material that by its hazardous nature presents an unacceptable risk if taken underground.
contractor
includes—
(a) a person contracted to carry out work at a coal mine; and
(b) a person contracted to provide a service to a coal mine; and
(c) a person contracted to provide coal mine workers to a coal mine, including, for example, a labour hire agency.
sch 3 def
contractor ins 2024 No. 34 s 102(2)
conviction
includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded.
corresponding offence , in relation to a contravention of a civil penalty obligation, for part 15B , see section 267E .
sch 3 def
corresponding offence ins 2018 No. 28
s 49 (2)
council ...
sch 3 def
council om 2010 No. 17 s 34 (1)
critical control
means a risk control measure for a coal mine—
(a) that is critical to— (i) prevent a material unwanted event at the coal mine; or
(ii) mitigate the consequences of a material unwanted event at the coal mine; and
(b) the absence or failure of which would significantly increase risk despite the existence of other risk control measures.
sch 3 def
critical control ins 2024 No. 34 s 102(2)
document certification requirement
see section 154 (5).
sch 3 def
document certification requirement ins 2003 No. 19 s 3 sch
document production requirement
see section 154 (7).
sch 3 def
document production requirement ins 2003 No. 19 s 3 sch
electrical engineering manager
means a person appointed under section 58A (10) or 60 (10) to control and manage a coal mine’s electrical engineering activities.
sch 3 def
electrical engineering manager ins 2024 No. 34 s 102(2)
employer , for a coal mine, for part 3A , see section 48A (1).
sch 3 def
employer ins 2020 No. 14 s 17
enforceable undertaking
see section 267L (1).
sch 3 def
enforceable undertaking ins 2024 No. 34 s 102(2)
executive officer ...
sch 3 def
executive officer om 2018 No. 28 s 49 (1)
executive officer , of a corporation, for part 3A , see section 48A (1).
sch 3 def
executive officer ins 2020 No. 14 s 17
exploration permit
means an exploration permit granted under the
Mineral Resources Act 1989 .
explosion risk zone
means any part of a mine on the return side of a place where a methane level equal to or greater than a level prescribed by regulation is likely to be found.
explosive
has the meaning given in the
Explosives Act 1999 .
FMA
means the future mining area as defined under the
Common Provisions Act , section 110 .
sch 3 def
FMA ins 2014 No. 64 s 212
geographically separated
see section 22 .
grievous bodily harm
see
Criminal Code , section 1 .
hazard
see section 19 .
high potential incident
see section 17 .
holder , for a coal mine, means the holder under the
Mineral Resources Act 1989
of an exploration permit, mineral development licence or mining lease for the coal mine.
IMA
means the initial mining area as defined under the
Common Provisions Act , section 109 .
sch 3 def
IMA ins 2014 No. 64 s 212
incidental coal seam gas —
1
Incidental coal seam gas is coal seam gas mined, or proposed to be mined, under the
Mineral Resources Act 1989 , section 318CM , in the tenure area of the mining lease if the mining is— (a) a necessary result of coal mining carried out under the lease; or
(b) necessary to ensure a safe mine working environment for coal mining under the lease; or
(c) necessary to minimise the fugitive emission of methane during the course of coal mining operations.
2 For item 1, coal seam gas means a substance (in any state) occurring naturally in association with coal, or strata associated with coal, if the substance is petroleum under the
Petroleum and Gas (Production and Safety) Act 2004 .
sch 3 def
incidental coal seam gas ins 2004 No. 25 s 945 (2)
industrial organisation
means an association of employees registered under the
Industrial Relations Act 2016
as an employee organisation.
sch 3 def
industrial organisation sub 2003 No. 19 s 3 sch
amd 2016 No. 63
s 1157 sch 6
industry safety and health representative
see section 27 .
sch 3 def
industry safety and health representative amd 2003 No. 19 s 3 sch
inspection officer
means a person appointed an inspection officer under this Act.
inspector —
(a) generally, means a person appointed as an inspector under this Act; and
(b) for part 10 , see section 183 .
joint interaction management plan , for part 4 , division 3A , see section 64E (1)(a).
sch 3 def
joint interaction management plan ins 2014 No. 64 s 212
material unwanted event , at a coal mine, means an unwanted event in relation to which the potential or real consequence to safety or health exceeds a threshold defined by the coal mine operator as warranting the highest level of attention.
sch 3 def
material unwanted event ins 2024 No. 34 s 102(2)
mechanical engineering manager
means a person appointed under section 58A (11) or 60 (11) to control and manage a coal mine’s mechanical engineering activities.
sch 3 def
mechanical engineering manager ins 2024 No. 34 s 102(2)
mine , for part 13 , see section 220 .
mineral development licence
means a mineral development licence granted under the
Mineral Resources Act 1989 .
mineral (f)
see the
Mineral Resources Act 1989 , section 6 (2)(f).
sch 3 def
mineral (f) ins 2008 No. 33 s 48
mine record
see section 68 .
mines rescue agreement
see section 222 (1).
mines rescue capability
see section 221 .
mines rescue services
see section 232 (a).
mining lease
means a mining lease granted under the
Mineral Resources Act 1989 .
mining project
means coal mining carried on under 2 or more mining leases as a single integrated undertaking.
mining tenure
means an exploration permit, mineral development licence or mining lease granted under the
Mineral Resources Act 1989 .
mutual recognition Act
means—
(a) the
Mutual Recognition Act 1992 (Cwlth) ; or
(b) the
Trans-Tasman Mutual Recognition Act 1997 (Cwlth) .
sch 3 def
mutual recognition Act ins 2024 No. 34 s 102(2)
notice
means signed written notice.
obstruct
includes assault, hinder, resist and attempt or threaten to assault, hinder or resist.
sch 3 def
obstruct sub 2024 No. 34 s 102(1)–(2)
offender , for part 16 , division 2 , see section 270A .
sch 3 def
offender ins 2024 No. 34 s 102(2)
officer —
(a) of a corporation, means an officer within the meaning of the
Corporations Act , section 9, other than a partner in a partnership; or
(b) for part 9 , division 4 , see section 132A .
sch 3 def
officer ins 2007 No. 46 s 43
sub 2018 No. 28
s 49 (1)–(2)
official
means—
(a) the Minister; or
(b) the CEO; or
(c) the WHS prosecutor; or
(d) a member of the RSHQ board; or
(e) the chief inspector; or
(f) an inspector; or
(g) an inspection officer; or
(h) an authorised officer; or
(i) a person acting under the direction of or helping an inspector, inspection officer or authorised officer; or
(j) a member or a substitute member of the committee; or
(k) an industry safety and health representative; or
(l) a site safety and health representative.
sch 3 def
official ins 2009 No. 16 s 13
amd 2010 No. 17 s 34 (3); 2020 No. 10 s 91 (3)–(4); 2026 No. 10
s 12 (3)
on-site activities
see section 10 .
operating plant
for part 4 , division 3A , see section 64D .
sch 3 def
operating plant ins 2014 No. 64 s 212
operational ROC worker , for a coal mine, means an ROC worker for the mine who does either or both of the following—
(a) provides information that is used at the mine to make decisions about coal mining operations at the mine but does not give instructions, directions or make decisions about coal mining operations at the mine;
(b) remotely operates plant or equipment located at the mine under— (i) the direction of the site senior executive or other supervisors at the mine; and
(ii) the safety and health management system.
sch 3 def
operational ROC worker ins 2024 No. 34 s 102(2)
operator , of an operating plant, for part 4 , division 3A , see section 64D .
sch 3 def
operator ins 2014 No. 64 s 212
other mining legislation
means the following—
(a)
Explosives Act 1999 ;
(b)
Mining and Quarrying Safety and Health Act 1999 ;
(c)
Petroleum Act 1923 ;
(d)
Petroleum and Gas (Production and Safety) Act 2004 .
sch 3 def
other mining legislation ins 2009 No. 16 s 13
overlapping area
see section 64C (1)(a).
sch 3 def
overlapping area ins 2014 No. 64 s 212
amd 2018 No. 24
s 7
party , to a mines rescue agreement, see section 222 (2).
penalty notice , for part 15B , see section 267I (3).
sch 3 def
penalty notice ins 2018 No. 28
s 49 (2)
performance criteria
means the performance criteria under section 233 .
personal details requirement ...
sch 3 def
personal details requirement ins 2003 No. 19 s 3 sch
om 2024 No. 34 s 102(1)
physical overlapping of coal mining operations
see section 23 .
place of seizure
see section 144 (a).
sch 3 def
place of seizure ins 2003 No. 19 s 3 sch
plant
includes—
(a) machinery, equipment, appliance, pressure vessel, implement and tool; and
(b) personal protective equipment; and
(c) a component of plant and a fitting, connection, accessory or adjunct to plant.
practising certificate
means a practising certificate issued, or renewed, by the board of examiners under this Act.
sch 3 def
practising certificate ins 2024 No. 34 s 102(2)
principal hazard
see section 20 .
principal hazard management plan
see section 63 .
product
includes as mined material, waste material, treated and semi treated material.
proposed action , for part 10A , see section 197B (1).
sch 3 def
proposed action ins 2018 No. 28
s 49 (2)
proposed action notice , for part 10A , see section 197B (2).
sch 3 def
proposed action notice ins 2018 No. 28
s 49 (2)
proposed penalty notice , for part 15B , see section 267G (2).
sch 3 def
proposed penalty notice ins 2018 No. 28
s 49 (2)
Queensland Government website
means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.
sch 3 def
Queensland Government website ins 2024 No. 34 s 102(2)
recognised standard
see section 71 .
region
means an administrative region established by the CEO for the administration of this Act.
sch 3 def
region ins 2002 No. 25 s 16
amd 2024 No. 34 s 102(3)
relevant corporation , for part 15B , see section 267E .
sch 3 def
relevant corporation ins 2018 No. 28
s 49 (2)
remote operating centre , for a coal mine, means a facility located off the mine that monitors coal mining operations at the mine and does either or both of the following—
(a) provides information that is used by the site senior executive or other supervisors at the mine to make decisions about coal mining operations at the mine but does not involve persons at the facility giving instructions or directions or making decisions about coal mining operations at the mine;
(b) remotely operates plant or equipment located at the mine under the direction of the site senior executive or other supervisors at the mine and under the safety and health management system.
sch 3 def
remote operating centre ins 2024 No. 34 s 102(2)
reprisal
see section 275AA .
sch 3 def
reprisal ins 2009 No. 16 s 13
residual risk
means the remaining level of risk after measures to control risk have been taken under this Act.
review decision
see section 177 (1).
sch 3 def
review decision ins 2003 No. 19 s 3 sch
risk
see section 18 .
RMA
means the rolling mining area as defined under the
Common Provisions Act , section 111 .
sch 3 def
RMA ins 2014 No. 64 s 212
ROC worker , for a coal mine, means a person who works at a remote operating centre for the mine.
sch 3 def
ROC worker ins 2024 No. 34 s 102(2)
RSHQ
means the statutory body called Resources Safety and Health Queensland established under the
Resources Safety and Health Queensland Act 2020 , section 5 .
sch 3 def
RSHQ ins 2020 No. 10 s 91 (2)
RSHQ board
means the board under the
Resources Safety and Health Queensland Act 2020 .
sch 3 def
RSHQ board ins 2026 No. 10
s 12 (2)
safety and health
see section 11 .
safety and health management system
means a single safety and health management system that complies with—
(a) the requirements for a safety and health management system under section 62 ; and
(b) if section 62A applies—the requirements for a safety management system under the
Petroleum and Gas (Production and Safety) Act 2004 ; and
(c) if part 4 , division 3A , or the
Mineral Resources Regulation 2013 , chapter 2 , part 4 , division 4 applies—the requirements for a joint interaction management plan under that division.
sch 3 def
safety and health management system ins 2014 No. 64 s 212
amd 2018 No. 28
s 49 (4)
safety and health management system ...
sch 3 def
safety and health management system sub 2004 No. 25 s 945 (1)–(2)
om 2018 No. 28
s 49 (1)
safety and health obligations
see section 33 .
senior officer , of an employer for a coal mine, for part 3A , see section 48A (1).
sch 3 def
senior officer ins 2020 No. 14 s 17
separate part of a surface mine
see section 21 (4).
serious accident
see section 16 .
service provider ...
sch 3 def
service provider ins 2018 No. 28
s 49 (2)
om 2024 No. 34 s 102(1)
site safety and health representative
see section 28 .
sch 3 def
site safety and health representative amd 2003 No. 19 s 3 sch
site senior executive , for a coal mine, see section 25 .
site senior executive notices
see section 185 (e).
sch 3 def
site senior executive notices ins 2018 No. 28
s 49 (2)
SOZ
means the simultaneous operations zone as defined under the
Common Provisions Act , section 112 .
sch 3 def
SOZ ins 2014 No. 64 s 212
standard operating procedure
see section 14 .
substitute member
see section 83A (1).
sch 3 def
substitute member ins 2007 No. 46 s 43
supervisor
see section 26 .
supplier , of plant, equipment, substances or other goods, means a person who contracts to supply the plant, equipment, substances or other goods to a coal mine operator or contractor.
sch 3 def
supplier sub 2018 No. 28
s 49 (1)–(2)
amd 2024 No. 34 s 102(4)
surface mine
means—
(a) a coal mine other than an underground coal mine; or
(b) the surface operations of an underground coal mine.
Example of surface operations of an underground mine—
A coal mine consists of an underground coal mine and related overlaying surface facilities for mining coal seam gas. The facilities are surface operations for the underground mine.
sch 3 def
surface mine amd 2004 No. 25 s 945 (4); 2005 No. 3 s 105 sch
surface mine excavation
means an area where extraction operations are being conducted, and includes an area beyond the main working face—
(a) in which shot holes are being charged; or
(b) being prepared for the extraction of coal.
treatment
means any process carried out with the objective of preparing material won in a coal mining operation for its end purpose.
unacceptable level of risk
means risk that is not at an acceptable level.
underground gasification activity
means an activity relating to—
(a) the exploration for, and testing of, coal to be used for the production of mineral (f); or
(b) the production, processing, refining, storage or transportation of mineral (f).
sch 3 def
underground gasification activity ins 2008 No. 33 s 48
underground mine
means a coal mine where coal mine workers normally work beneath the surface of the earth, and includes structures, apparatus and equipment that extend continuously from the surface into an underground mine, but does not include the surface operations of the mine.
Example of surface operations of an underground mine—
A coal mine consists of an underground coal mine and related overlaying surface facilities for mining coal seam gas. The facilities are surface operations for the underground mine.
sch 3 def
underground mine amd 2004 No. 25 s 945 (5); 2005 No. 3 s 105 sch
union
means the Mining and Energy Union, Queensland District Branch.
sch 3 def
union sub 2023 No. 32
s 2C
WHS prosecutor
see the
Work Health and Safety Act 2011 , schedule 2 , section 25 .
sch 3 def
WHS prosecutor ins 2020 No. 10 s 91 (2)
workplace
means a workplace to which the
Work Health and Safety Act 2011
applies.
sch 3 def
workplace ins 2018 No. 28
s 49 (2)
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