Queensland

Coal Mining Safety and Health

Act 1999

Reprinted as in force on 1 August 2004

(includes commenced amendments up to 2003 Act No. 70)

Reprint No. 1E

This reprint is prepared by

the Office of the Queensland Parliamentary Counsel
Warning—This reprint is not an authorised copy
Information about this reprint
This Act is reprinted as at 1 August 2004. The reprint shows the law as amended by all
amendments that commenced on or before that day (Reprints Act 1992 s 5(c)).

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of legislation and list of annotations in endnotes. Also see list of legislation for any
uncommenced amendments.

Minor editorial changes allowed under the provisions of the Reprints Act 1992 have also
been made to use aspects of format and printing style consistent with current drafting
practice (s 35).

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changes made under the Reprints Act 1992. A table of reprints is included in the endnotes.

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• when provisions commenced
• editorial changes made in earlier reprints.

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Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard
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 Queensland

Coal Mining Safety and Health Act 1999

Contents

Page
Part 1 Preliminary
Division 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 2 Operation of Act
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
4 What does this Act apply to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5 Who does this Act apply to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 3 Objects of Act
6 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
7 How objects are to be achieved . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 4 Interpretation
8 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
9 Meaning of coal mine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
10 Meaning of on-site activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
11 Meaning of safety and health . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12 Meaning of competence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
13 Meaning of consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
14 Meaning of standard operating procedure . . . . . . . . . . . . . . . . . . 18
15 Meaning of accident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
16 Meaning of serious accident. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
17 Meaning of high potential incident . . . . . . . . . . . . . . . . . . . . . . . . 18
18 Meaning of risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
19 Meaning of hazard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
20 Meaning of principal hazard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
21 Meaning of coal mine operator . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
22 Meaning of geographically separated. . . . . . . . . . . . . . . . . . . . . . 20
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Coal Mining Safety and Health Act 1999

23 Meaning of physical overlapping of coal mining operations . . . . . 21

24 When is a coal mine operator not in control . . . . . . . . . . . . . . . . . 21
25 Meaning of site senior executive . . . . . . . . . . . . . . . . . . . . . . . . . 22
26 Meaning of supervisor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
27 Meaning of industry safety and health representative . . . . . . . . . 22
28 Meaning of site safety and health representative . . . . . . . . . . . . . 23
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 . . . . . . . . . . . . . . . . . . . . . . . . 23
30 How is an acceptable level of risk achieved . . . . . . . . . . . . . . . . . 23
31 What happens if the level of risk is unacceptable. . . . . . . . . . . . . 24
Division 2 Cooperation
32 Cooperation to achieve objects of Act . . . . . . . . . . . . . . . . . . . . . 24
Part 3 Safety and health obligations
Division 1 Preliminary
33 Obligations for safety and health . . . . . . . . . . . . . . . . . . . . . . . . . 25
34 Discharge of obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
35 Person may owe obligations in more than 1 capacity. . . . . . . . . . 26
36 Person not relieved of obligations. . . . . . . . . . . . . . . . . . . . . . . . . 26
37 How obligation can be discharged if regulation or
recognised standard made ......................... 27
38 How obligations can be discharged if no regulation or
recognised standard made ......................... 27
Division 2 Generally applicable safety and health obligations
of persons
39 Obligations of persons generally . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 3 Obligations of holders, coal mine operators,
site senior executives and others
40 Obligations of holders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
41 Obligations of coal mine operators . . . . . . . . . . . . . . . . . . . . . . . . 30
42 Obligations of site senior executive for coal mine. . . . . . . . . . . . . 30
43 Obligations of contractors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
44 Obligations of designers, manufacturers, importers and
suppliers of plant etc. for use at coal mines . . . . . . . . . . . . . . . . . 32
45 Obligations of erectors and installers of plant. . . . . . . . . . . . . . . . 33
46 Obligations of manufacturers, importers and suppliers of
substances for use at coal mines . . . . . . . . . . . . . . . . . . . . . . . . . 33
47 Obligation of provider of services at coal mines . . . . . . . . . . . . . . 34
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Coal Mining Safety and Health Act 1999

Division 4 Defences
48 Defences for div 2 or 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Part 4 Provisions about the operation of coal mines
Division 1 Notices about coal mines
49 Notices by holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
50 Notices by coal mine operator . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
51 Notice of management structure . . . . . . . . . . . . . . . . . . . . . . . . . 37
52 Notice about exploration activities . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 2 Management of coal mines
53 Appointment of coal mine operator . . . . . . . . . . . . . . . . . . . . . . . 38
54 Appointment of site senior executive . . . . . . . . . . . . . . . . . . . . . . 38
55 Management structure for safe operations at coal mines. . . . . . . 39
56 Competencies of supervisors . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
57 Appointment of another site senior executive during
temporary absence .............................. 40
58 Other appointments during absences . . . . . . . . . . . . . . . . . . . . . 40
59 Additional requirements for management of surface mines . . . . . 41
60 Additional requirements for management of underground mines. 41
61 Appointment of ventilation officer . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 3 Safety and health management systems
62 Safety and health management system . . . . . . . . . . . . . . . . . . . . 44
63 Principal hazard management plan . . . . . . . . . . . . . . . . . . . . . . . 45
64 Review of principal hazard management plans and
standard operating procedures .................... 45
Division 4 Records and reporting
65 Changes in management structure to be reported to an
inspector ...................................... 46
66 Management structure to be recorded in the mine record . . . . . . 46
67 Plans of coal mine workings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
68 Mine record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
69 Display of reports and directives . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 5 Protection of abandoned coal mines
70 Responsibility for protecting abandoned coal mines . . . . . . . . . . 50
Part 5 Recognised standards
71 Purpose of recognised standards. . . . . . . . . . . . . . . . . . . . . . . . . 50
72 Recognised standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
73 Use of recognised standards in proceedings . . . . . . . . . . . . . . . . 51
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Coal Mining Safety and Health Act 1999

Part 6 Industry consultative arrangements

Division 1 Purposes of part
74 Purposes of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 2 Coal mining safety and health advisory council
and its functions
75 Coal mining safety and health advisory council . . . . . . . . . . . . . . 52
76 Functions of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
77 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Division 3 Membership and conduct of council proceedings
78 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
79 Organisations to submit names to Minister . . . . . . . . . . . . . . . . . 53
80 Appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
81 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
82 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
83 Member ceasing as member . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
84 Times and places of council meetings . . . . . . . . . . . . . . . . . . . . . 55
85 Presiding at meetings of the council. . . . . . . . . . . . . . . . . . . . . . . 55
86 Quorum and voting at meetings of the council . . . . . . . . . . . . . . . 56
87 Recommendation to Minister if vote not unanimous. . . . . . . . . . . 56
88 Taking part in meetings by telephone etc. . . . . . . . . . . . . . . . . . . 56
89 Resolutions without meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
90 Minutes by the council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
91 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Part 7 Site safety and health representatives
Division 1 Purposes of part
92 Purposes of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 2 Site safety and health representatives
93 Election of site safety and health representatives . . . . . . . . . . . . 58
94 Further election if site safety and health representative not
available .................................... 59
95 Person must be qualified to act as site safety and health
representative .............................. 59
96 Ceasing to be a site safety and health representative . . . . . . . . . 59
97 Removal from office by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . 60
98 Election after removal from office . . . . . . . . . . . . . . . . . . . . . . . . . 60
99 Functions of site safety and health representatives . . . . . . . . . . . 60
100 Powers of site safety and health representative . . . . . . . . . . . . . . 61
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Coal Mining Safety and Health Act 1999

101 Stopping of operations by site safety and health

representatives ............................... 62
102 Effect of report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
103 Site senior executive not to restart operations until risk at an
acceptable level ............................... 63
104 Site safety and health representative not to unnecessarily
impede production ............................... 63
105 Protection of site safety and health representatives
performing functions ............................. 63
106 Site senior executive to tell site safety and health
representatives about certain things . . . . . . . . . . . . . . . . . . . . . . 64
107 Site senior executive to display identity of site safety and health
representatives .................................... 64
Part 8 Industry safety and health representatives
Division 1 Purposes of part
108 Purposes of pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Division 2 Industry safety and health representatives
109 Appointment of industry safety and health representatives . . . . . 65
110 Industry safety and health representative to work full-time . . . . . 65
111 Funding of industry safety and health representative. . . . . . . . . . 65
112 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
113 Appointment after termination . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
114 Filling of temporary vacancy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
115 Vacancy generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
116 Persons not to pretend to be industry safety and
health representatives if not appointed. . . . . . . . . . . . . . . . . . . . . 67
117 Industry safety and health representative restricted to
safety and health purposes ........................... 67
118 Functions of industry safety and health representatives . . . . . . . 67
119 Powers of industry safety and health representatives . . . . . . . . . 68
120 Industry safety and health representative not to
unnecessarily impede production . . . . . . . . . . . . . . . . . . . . . . . 69
121 Inadequate or ineffective safety and health
management systems ........................... 69
122 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
123 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
124 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 70
Part 9 Inspectors and inspection officers and directives
Division 1 Inspectors and inspection officers
125 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
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Coal Mining Safety and Health Act 1999

126 Qualifications for appointment as inspector . . . . . . . . . . . . . . . . . 71

127 Qualifications for appointment as inspection officer . . . . . . . . . . . 71
128 Functions of inspectors and inspection officers . . . . . . . . . . . . . . 71
129 Further functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
130 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
131 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
132 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 73
Division 2 Powers of inspectors and inspection officers
Subdivision 1 Power to enter places
133 Entry to places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Subdivision 2 Procedure for entry
134 Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
135 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
136 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
137 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
138 Warrants—procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . 78
Subdivision 3 General powers
139 General powers after entering coal mine or other places. . . . . . . 79
140 Failure to help inspector or inspection officer . . . . . . . . . . . . . . . . 80
141 Failure to answer questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
142 Site senior executive must help inspector or inspection officer . . 80
Subdivision 4 Power to seize evidence
143 Seizing evidence at coal mine or other place . . . . . . . . . . . . . . . . 81
144 Securing things after seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
145 Tampering with things subject to seizure . . . . . . . . . . . . . . . . . . . 81
146 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
147 Receipts to be given on seizure . . . . . . . . . . . . . . . . . . . . . . . . . . 82
148 Forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
149 Return of things that have been seized . . . . . . . . . . . . . . . . . . . . 83
150 Access to things that have been seized . . . . . . . . . . . . . . . . . . . . 84
Subdivision 5 Power to stop and secure plant and equipment
151 Inspector may stop and secure plant and equipment. . . . . . . . . . 84
Subdivision 6 Power to obtain information
152 Power to require name and address. . . . . . . . . . . . . . . . . . . . . . . 85
153 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . 85
154 Power to require production of documents . . . . . . . . . . . . . . . . . . 86
155 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
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156 Failure to certify copy of document. . . . . . . . . . . . . . . . . . . . . . . . 87

157 Power to require attendance of persons before an inspector to
answer questions ................................. 88
158 Failure to comply with requirement about attendance . . . . . . . . . 88
159 Person must answer question about serious accident or
high potential incident ............................ 89
Subdivision 7 Additional powers of chief inspector
160 Additional powers of chief inspector . . . . . . . . . . . . . . . . . . . . . . . 90
Division 3 Directives by inspectors, inspection officers and industry
safety and health representatives
Subdivision 1 Power to give and way of giving directives
161 Directive may be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
162 How directive is given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
163 How directive is given for ss 166, 167 and 170 . . . . . . . . . . . . . . 91
Subdivision 2 Matters for which directives may be given
164 Directive to ensure coal mine worker competent . . . . . . . . . . . . . 91
165 Directive to carry out test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
166 Directive to reduce risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
167 Directive to suspend operations for unacceptable level of risk . . . 92
168 Directive to review safety and health management system and
principal hazard management plans . . . . . . . . . . . . . . . . . . . . . . 92
169 Directive to suspend operations for ineffective safety and health
management system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
170 Directive to isolate site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
171 Directive about separate part of the mine . . . . . . . . . . . . . . . . . . 93
172 Directive to provide independent engineering study. . . . . . . . . . . 93
Subdivision 3 Recording of directives and other matters
173 Records must be kept. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
174 Directives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Subdivision 4 Review of directives
175 Application for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
176 Procedure for review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
177 Review of directive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
178 Stay of operation of directive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Division 4 General enforcement offences
179 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 98
180 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 98
181 Obstructing inspectors, inspection officers or industry
safety and health representatives. . . . . . . . . . . . . . . . . . . . . . . . . 99
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Coal Mining Safety and Health Act 1999

Part 10 Board of examiners

Division 1 Purposes of part
182 Purposes of pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Division 2 Board of examiners and its functions
183 Inspector for pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
184 Board of examiners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
185 Functions of board of examiners . . . . . . . . . . . . . . . . . . . . . . . . . 100
186 Membership and conduct of board proceedings . . . . . . . . . . . . . 100
187 Board of examiners to appoint secretary . . . . . . . . . . . . . . . . . . . 101
188 Appointment of board of examiners . . . . . . . . . . . . . . . . . . . . . . . 101
189 Quorum and voting at meetings of the board . . . . . . . . . . . . . . . . 101
190 Presiding at meetings of the board of examiners . . . . . . . . . . . . . 101
191 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
192 Proceedings of the board of examiners . . . . . . . . . . . . . . . . . . . . 102
193 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Division 3 General
194 Examiners to be qualified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
195 Obtaining certificates of competency by fraud . . . . . . . . . . . . . . . 102
196 Return of certificate of competency . . . . . . . . . . . . . . . . . . . . . . . 103
197 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Part 11 Accidents and incidents
Division 1 Notification of accidents, incidents and inspections
198 Notice of accidents, incidents or diseases . . . . . . . . . . . . . . . . . . 104
199 Place of accident must be inspected . . . . . . . . . . . . . . . . . . . . . . 105
Division 2 Site of accident or incident
200 Site not to be interfered with without permission . . . . . . . . . . . . . 105
201 Action to be taken in relation to site of accident or incident . . . . . 105
Part 12 Boards of inquiry
Division 1 General
202 Minister may establish boards of inquiry . . . . . . . . . . . . . . . . . . . 106
203 Role of board of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
204 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
205 Chief executive to arrange for services of staff and
financial matters for board of inquiry . . . . . . . . . . . . . . . . . . . . . . 107
Division 2 Conduct of inquiry
206 Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
207 Notice of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
 9
Coal Mining Safety and Health Act 1999

208 Inquiry to be held in public except in special circumstances . . . . 109

209 Protection of members, legal representatives and witnesses . . . 109
210 Record of proceedings to be kept. . . . . . . . . . . . . . . . . . . . . . . . . 109
211 Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
212 Board’s powers on inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
213 Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
214 Inspection of documents or things . . . . . . . . . . . . . . . . . . . . . . . . 110
215 Inquiry may continue despite court proceedings unless
otherwise ordered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
216 Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
217 Contempt of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
218 Change of membership of board . . . . . . . . . . . . . . . . . . . . . . . . . 112
Part 13 Mines rescue
Division 1 Preliminary
219 Purposes of pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
220 Definitions for pt 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
221 Meaning of mines rescue capability . . . . . . . . . . . . . . . . . . . . . . . 113
222 Meaning of mines rescue agreement . . . . . . . . . . . . . . . . . . . . . . 113
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 ................................... 114
224 Coal mine operator must contribute . . . . . . . . . . . . . . . . . . . . . . . 114
Subdivision 2 Further obligation of coal mine operators of underground
mines
225 Provision of a mines rescue capability . . . . . . . . . . . . . . . . . . . . . 115
Subdivision 3 Mine users
226 Mine not to be used if ss 223–225 contravened. . . . . . . . . . . . . . 116
Division 3 Accredited corporations
Subdivision 1 Accreditation
227 Accreditation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
228 Accreditation conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
229 Refusal to accredit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
230 Amending, suspending or cancelling accreditations—grounds . . 118
231 Amending, suspending or cancelling accreditations—procedure. 118
Subdivision 2 Functions and performance
232 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
233 Performance criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
 10
Coal Mining Safety and Health Act 1999

234 Reporting to Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121

Subdivision 3 Miscellaneous
235 Accredited corporation must keep records . . . . . . . . . . . . . . . . . . 122
Part 14 Appeals
Division 1 Appeals against particular decisions of Minister or board of
examiners
236 Appeals against Minister’s decisions . . . . . . . . . . . . . . . . . . . . . . 123
237 Appeals against board of examiners’ decision . . . . . . . . . . . . . . . 123
238 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
239 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
240 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
241 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
242 Appeal to District Court on questions of law only . . . . . . . . . . . . . 125
Division 2 Appeals against chief inspector’s directives and
review decisions
243 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
244 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
245 Stay of operation of directive or review decision . . . . . . . . . . . . . 126
246 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
247 Assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
248 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Part 15 Legal proceedings
Division 1 Evidence
249 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
250 Proof of appointments and authority unnecessary . . . . . . . . . . . . 128
251 Proof of signatures unnecessary . . . . . . . . . . . . . . . . . . . . . . . . . 129
252 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
253 Expert reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
254 Analyst’s certificate or report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
Division 2 Proceedings
255 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
256 Recommendation to prosecute . . . . . . . . . . . . . . . . . . . . . . . . . . 132
257 Limitation on time for starting proceedings. . . . . . . . . . . . . . . . . . 132
258 Court may order suspension or cancellation of certificate . . . . . . 132
259 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
260 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
261 Responsibility for acts or omissions of representatives . . . . . . . . 133
 11
Coal Mining Safety and Health Act 1999

262 Executive officers must ensure corporation complies with Act. . . 134
263 Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
264 Costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
265 Recovery of fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Division 3 Evidentiary provisions
266 Service of documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
267 How document to be given to coal mine operator . . . . . . . . . . . . 136
Part 16 Offences
268 Person not to encourage refusal to answer questions . . . . . . . . . 137
269 Impersonating inspector or inspection officers and others . . . . . . 137
270 Protection for officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
Part 17 General
Division 1 General safety matters
271 Contraband must not be taken into an underground mine . . . . . . 138
272 Children under 16 not to be employed underground . . . . . . . . . . 138
273 Withdrawal of persons in case of danger . . . . . . . . . . . . . . . . . . . 139
274 Where coal mine worker exposed to immediate personal danger 140
275 Representations about safety and health matters . . . . . . . . . . . . 141
Division 2 Miscellaneous
275A Disclosure of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
276 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
Part 18 Administration
277 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
278 Delegation of chief inspector’s powers . . . . . . . . . . . . . . . . . . . . . 143
279 Notices about coal industry statistics or information . . . . . . . . . . 144
280 Chief executive to keep records . . . . . . . . . . . . . . . . . . . . . . . . . . 144
281 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
Part 19 Regulations
282 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
Part 20 Transitional provisions and repeals
Division 1 Definitions
283 Definitions for pt 20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
Division 2 Transitional matters
284 Existing notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
285 Existing certificates of competency . . . . . . . . . . . . . . . . . . . . . . . 146
286 Approvals by inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
287 Board of examiners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
 12
Coal Mining Safety and Health Act 1999

288 Mines rescue performance criteria . . . . . . . . . . . . . . . . . . . . . . . . 147

288A Existing accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
289 Existing chief inspector to be chief inspector . . . . . . . . . . . . . . . . 147
290 Existing inspector to be inspector. . . . . . . . . . . . . . . . . . . . . . . . . 147
291 Existing inspection officer to be inspection officer . . . . . . . . . . . . 148
292 Existing district union inspectors . . . . . . . . . . . . . . . . . . . . . . . . . 148
293 Existing miners’ officer to be site safety and
health representative ............................ 148
294 Mine record book taken to be mine record . . . . . . . . . . . . . . . . . . 148
295 Notices about coal industry statistics or information . . . . . . . . . . 148
296 Coal Industry Employees’ Health Scheme . . . . . . . . . . . . . . . . . . 149
297 Warden may finish inquiry into accident . . . . . . . . . . . . . . . . . . . . 149
Division 3 Repeals
298 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
Schedule 2 Subject matter for regulations . . . . . . . . . . . . . . . . . . . . . . 150
Schedule 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154

Endnotes
1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 160
3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
5 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
s1 13 s3
Coal Mining Safety and Health Act 1999

Coal Mining Safety and Health Act 1999

[as amended by all amendments that commenced on or before 1 August 2004]

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.
s4 14 s7
Coal Mining Safety and Health Act 1999

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.

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.

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
s8 15 s9
Coal Mining Safety and Health Act 1999

(d) establishing a safety and health advisory council 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 of coal mine
workers.

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;
s 10 16 s 10
Coal Mining Safety and Health Act 1999

(b) a place where on-site activities are carried on,

continuously or from time to time, on land adjoining,
adjacent to, or contiguous with, 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.
(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, adjacent to, or contiguous with 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.

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
s 11 17 s 13
Coal Mining Safety and Health Act 1999

(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) an activity declared not to be an on-site activity under a
regulation.

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.
s 14 18 s 19
Coal Mining Safety and Health Act 1999

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.

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.
s 20 19 s 21
Coal Mining Safety and Health Act 1999

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 49,1 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—

1 Section 49 (Notices by holder)

s 22 20 s 22
Coal Mining Safety and Health Act 1999

(a) the part is geographically separated2 from the rest of the

mine; and
(b) there is no physical overlapping3 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 control4 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 it 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.

2 See section 22 (Meaning of geographically separated).

3 See section 23 (Meaning of physical overlapping of coal mining operations).
4 See section 24 (When is a coal mine operator not in control).
s 23 21 s 24
Coal Mining Safety and Health Act 1999

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
s 25 22 s 27
Coal Mining Safety and Health Act 1999

(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 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.

26 Meaning of supervisor
A supervisor at a coal mine is a coal mine worker who is
authorised by the site senior executive to give directions to
other coal mine workers in accordance with the safety and
health management system.

27 Meaning of industry safety and health representative

An industry safety and health representative is a person who
is appointed under section 109(1)5 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.

5 Section 109 (Appointment of industry safety and health representatives)

s 28 23 s 30
Coal Mining Safety and Health Act 1999

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—
s 31 24 s 32
Coal Mining Safety and Health Act 1999

(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) investigate and analyse the causes of serious accidents
and high potential incidents with a view to preventing
their recurrence; and
(e) review the effectiveness of risk control measures, and
take appropriate corrective and preventive action; and
(f) 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.

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.
s 33 25 s 33
Coal Mining Safety and Health Act 1999

(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 council 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.

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;
s 34 26 s 36
Coal Mining Safety and Health Act 1999

(g) a manufacturer, importer or supplier of substances for

use at a coal mine;
(h) a person who supplies a service at a coal mine.

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 death or grievous bodily
harm—800 penalty units or 2 years imprisonment; or
(b) if the contravention involved exposure to a substance
that is likely to cause death or grievous bodily
harm—500 penalty units or 1 year’s imprisonment; or
(c) if the contravention caused bodily harm—500 penalty
units or 1 year’s imprisonment; or
(d) otherwise—400 penalty units.

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 37 27 s 38
Coal Mining Safety and Health Act 1999

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.6

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.

6 For this section and the following section, see defences provided for under
division 4.
s 39 28 s 39
Coal Mining Safety and Health Act 1999

Division 2 Generally applicable safety and

health obligations of persons

39 Obligations of persons generally

(1) A coal mine worker or other person at a coal mine or a person
who may affect the safety and health of others at a coal mine
or as a result of coal mining operations has the following
obligations—
(a) to comply with this Act and procedures applying to the
worker or person that are part of a safety and health
management system for the mine;
(b) if the coal mine worker or other 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 anyone is not exposed to an
unacceptable level of risk.
(2) A coal mine worker or other person at a coal mine has the
following additional obligations—
(a) to work or carry out the worker’s or person’s activities in
a way that does not expose the worker or person or
someone else to an unacceptable level of risk;
(b) to ensure, to the extent of the responsibilities and duties
allocated to the worker or person, that the work and
activities under the worker’s or person’s control,
supervision, or leadership is conducted in a way that
does not expose the worker or person or someone else to
an unacceptable level of risk;
(c) to the extent of the worker’s or 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;
s 40 29 s 40
Coal Mining Safety and Health Act 1999

(e) to work at the coal mine only if the worker or 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.

Division 3 Obligations of holders, coal mine

operators, site senior executives
and others

40 Obligations of holders
(1) This section applies if the holder and the coal mine operator
for a coal mine are or are to be different persons.
(2) The holder must—
(a) inform a person proposing to enter into a contract with
the holder to act as coal mine operator, by notice, of all
relevant information available to the holder that may
help the proposed coal mine operator—
(i) to ensure the site senior executive for the coal mine
develops and implements a safety and health
management system for the mine; and
(ii) to 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.
Maximum penalty for subsection (2)—100 penalty units.
s 41 30 s 42
Coal Mining Safety and Health Act 1999

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) to appoint a site senior executive for the mine;
(d) 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;
(e) 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;
(f) 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.

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;
s 43 31 s 43
Coal Mining Safety and Health Act 1999

(b) to ensure the risk to persons from any plant or substance

provided by the site senior executive for the
performance of work by someone other than the site
senior executive’s coal mine workers is at an acceptable
level;
(c) to develop and implement a safety and health
management system for the mine;
(d) to develop, implement and maintain a management
structure for the mine that helps ensure the safety and
health of persons at the mine;
(e) to train coal mine workers so that they are competent to
perform their duties;
(f) 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.

43 Obligations of contractors
A contractor at a coal mine has an obligation to ensure, to the
extent that they relate to the work undertaken by the
contractor, that provisions of this Act and any applicable
safety and health management system are complied with.
s 44 32 s 44
Coal Mining Safety and Health Act 1999

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) to take the action the chief inspector reasonably requires
to prevent the use of unsafe plant anywhere.
Example of subsection (4)(b)—
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.
s 45 33 s 46
Coal Mining Safety and Health Act 1999

(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.

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.

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—
s 47 34 s 48
Coal Mining Safety and Health Act 1999

(a) to ensure appropriate information about the safe use,

storage and disposal of the substance is provided with
the substance;
(b) 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)(b)—
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.

47 Obligation of provider of services at coal mines

A person who provides a service at a coal mine has the
following obligations—
(a) to ensure the safety and health of coal mine workers or
other persons is not adversely affected as a result of the
service provided;
(b) to ensure the fitness for use of plant at the coal mine is
not adversely affected by the service provided.

Division 4 Defences

48 Defences for div 2 or 3

(1) It is a defence in a proceeding against a person for a
contravention of an obligation imposed on the person under
division 2 or 3 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
s 48 35 s 48
Coal Mining Safety and Health Act 1999

(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 24,7 do not apply in
relation to a contravention of section 34.8
(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.

7 Criminal Code, sections 23 (Intention—motive) and 24 (Mistake of fact)

8 Section 34 (Discharge of obligations)
s 49 36 s 49
Coal Mining Safety and Health Act 1999

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 located in 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;9 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 located in 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.

9 The coal mine operator may be the holder or a person appointed as coal mine
operator under section 53 (Appointment of coal mine operator).
s 50 37 s 51
Coal Mining Safety and Health Act 1999

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 57.10
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 located in the region in which
the mine is situated written particulars of the land
(including its boundary) added or omitted.
Maximum penalty—40 penalty units.

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 5511 to the inspector for the region in which the mine
is situated.
Maximum penalty—40 penalty units.

10 Section 57 (Appointment of another site senior executive during temporary absence)

11 Section 55 (Management structure for safe operations at coal mines)
s 52 38 s 54
Coal Mining Safety and Health Act 1999

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.

Division 2 Management of coal mines

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 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.

54 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
s 55 39 s 55
Coal Mining Safety and Health Act 1999

(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) In this section—
appoint includes employ and purport to appoint.

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 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)(d),
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 56 40 s 58
Coal Mining Safety and Health Act 1999

56 Competencies of supervisors
A site senior executive must not assign the tasks of a
supervisor to a person unless the person—
(a) is competent to perform the task assigned; and
(b) if there is a safety and health competency for
supervisors recognised by the council, has the relevant
competency.
Maximum penalty—100 penalty units.

57 Appointment of another site senior executive during

temporary absence
(1) If the site senior executive for a coal mine is temporarily
absent from duty for more than 14 days, the coal mine
operator for the mine must appoint, in writing, a person to act
as the site senior executive during the absence.
Maximum penalty—100 penalty units.
(2) The person acting as the site senior executive is subject to all
of the obligations of a site senior executive.

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 for subsection (2)—40 penalty units.
s 59 41 s 60
Coal Mining Safety and Health Act 1999

59 Additional requirements for management of surface

mines
A site senior executive must appoint a person holding an open
cut examiner’s certificate of competency to carry out the
responsibilities and duties prescribed under a regulation in
1 or more surface mine excavations.
Maximum penalty—200 penalty units.

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 a first class certificate of competency for an
underground coal mine.
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.
s 61 42 s 61
Coal Mining Safety and Health Act 1999

(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 a first or second class certificate of competency or a
deputy’s certificate of competency to be responsible for the
control and management of underground activities when the
manager is not in attendance at the mine.
Maximum penalty—200 penalty units.
(9) The underground mine manager must appoint a person
holding a first or second class certificate of competency or a
deputy’s certificate of competency to have control of
activities in 1 or more explosion risk zones.
Maximum penalty—200 penalty units.
(10) The underground mine manager must appoint a person or
persons with appropriate competencies to control and manage
the mechanical and electrical engineering activities of the
mine.
Maximum penalty—200 penalty units.
(11) 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.

61 Appointment of ventilation officer

(1) This section applies to an underground mine.
(2) The site senior executive must appoint an appropriate person
as ventilation officer for the mine.
Maximum penalty—200 penalty units.
(3) The underground mine manager may be appointed ventilation
officer.
s 61 43 s 61
Coal Mining Safety and Health Act 1999

(4) A person is an appropriate person to be appointed as

ventilation officer for the mine only if the person satisfies the
following conditions—
(a) the person has competencies recognised by the council
as appropriate for the duties and responsibilities of the
position;
(b) on appointment, the person is directly responsible for
the implementation of the mine ventilation system and
for the establishment of effective standards of
ventilation for the mine.
(5) If the ventilation officer is not the underground mine
manager, despite subsection (4)(b), the ventilation officer is
subject to the direction and control of the underground mine
manager for the implementation of the mine ventilation
system and for the establishment of effective standards of
ventilation for the mine.
(6) If no other competent person has been appointed during a
temporary absence of the ventilation officer, the duties and
responsibilities of the ventilation officer are taken to be
assumed by the underground mine manager.
(7) An inspector may, by notice, require an underground mine
manager appointed as a ventilation officer to demonstrate to
the inspector’s satisfaction that the mine manager can
effectively carry out the duties of both the underground mine
manager and the ventilation officer.
(8) The site senior executive must not appoint a person as
ventilation officer at more than 1 mine at the same time unless
the chief inspector gives the site senior executive notice that
the chief inspector is satisfied the person can effectively carry
out the duties of a ventilation officer at the mines.
Maximum penalty for subsection (8)—200 penalty units.
s 62 44 s 62
Coal Mining Safety and Health Act 1999

Division 3 Safety and health management

systems

62 Safety and health management system

(1) A safety and health management system for a coal mine is a
system that incorporates risk management elements and
practices that ensure safety and health of persons who may be
affected by coal mining operations.
(2) A safety and health management system must be an auditable
documented system that forms part of an overall management
system that includes organisational structure, planning
activities, responsibilities, practices, procedures, processes
and resources for developing, implementing, achieving,
reviewing and maintaining a safety and health policy.
(3) 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) 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
(f) 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
s 63 45 s 64
Coal Mining Safety and Health Act 1999

(g) 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.
(4) The site senior executive must make available for inspection,
by coal mine workers employed at the coal mine, a copy of
the safety and health management system.
Maximum penalty—100 penalty units.
(5) The site senior executive must give a copy of a principal
hazard management plan to a coal mine worker whose work at
the coal mine is affected by the requirements of the plan and
who requests a copy of the hazard management plan.
Maximum penalty—100 penalty units.

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.
(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.

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.
s 65 46 s 66
Coal Mining Safety and Health Act 1999

(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 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.
s 67 47 s 67
Coal Mining Safety and Health Act 1999

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.
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
s 68 48 s 68
Coal Mining Safety and Health Act 1999

inspector plans showing the extent of mining undertaken at

the mine.12
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—a person having the competencies
for surface mining surveying recognised by the council,
or registered as a surveyor or surveying associate under
the Surveyors Act 2003; or
(b) for an underground mine—a person having the
competencies for underground mining surveying
recognised by the council.
(7) A reference in this section to plans is a reference to plans as
certified under subsection (6).

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

12 The plans given to the chief inspector form part of the records under section 280
(Chief executive to keep records).
s 69 49 s 69
Coal Mining Safety and Health Act 1999

(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 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, relating
to the previous 6 months at least, is available at all reasonable
times for inspection by coal mine workers at the mine.
Maximum penalty—200 penalty units.
(5) 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.

69 Display of reports and directives

The site senior executive for a coal mine must display a copy
of current directives and reports of inspections carried out at
the mine under this Act in 1 or more conspicuous positions at
the mine in a way likely to come to the attention of coal mine
workers at the mine affected by the directive or report.
Maximum penalty—100 penalty units.
s 70 50 s 71
Coal Mining Safety and Health Act 1999

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
chief executive 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 chief executive’s ability to recover the cost of
making the mine safe and secure.

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.
s 72 51 s 74
Coal Mining Safety and Health Act 1999

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 chief executive must keep a copy of each recognised
standard and any document applied, adopted or incorporated
by the standard available for inspection, without charge,
during normal business hours at each department office
dealing with safety and health.
(4) The chief executive, on payment by a person of a reasonable
fee decided by the chief executive, must give a copy of a
recognised standard to the person.

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 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
council and to state its functions.
s 75 52 s 76
Coal Mining Safety and Health Act 1999

Division 2 Coal mining safety and health

advisory council and its functions

75 Coal mining safety and health advisory council

The coal mining safety and health advisory council
(the council) is established.

76 Functions of council
(1) The primary function of the council is to give advice and
make recommendations to the Minister about promoting and
protecting the safety and health of persons at coal mines.
(2) Without limiting subsection (1), the council must discharge its
primary function by—
(a) periodically reviewing—
(i) the effectiveness of this Act, regulations and
recognised standards; and
(ii) the effectiveness of the control of risk to any
person from coal mining operations; and
(b) within 3 years after the commencement, reviewing the
effectiveness of the board of examiners and the need for
the continuation of its functions.
(3) The council also has the function of recognising, establishing
and publishing—
(a) the competencies accepted by it as qualifying a person
to perform the tasks prescribed under a regulation; or
(b) the safety and health competencies required to perform
the duties of a person under this Act.
(4) In periodically reviewing effectiveness under subsection (2),
the council must have regard to the following—
(a) the risk management performance of the coal mining
industry;
(b) the appropriateness of recognised standards;
(c) education, training, and standards of competency within
the coal mining industry;
s 77 53 s 79
Coal Mining Safety and Health Act 1999

(d) the implementation of recommendations from

inspectors’ investigations, coroners’ inquests, boards of
inquiry, and other sources;
(e) the promotion of community knowledge and awareness
of safety and health in the coal mining industry;
(f) any other matter referred to it by the Minister.

77 Annual report
(1) As soon as practicable, but within 4 months, after the end of
each financial year, the council must prepare and give to the
Minister a report on the council’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.

Division 3 Membership and conduct of council

proceedings

78 Membership of council
(1) The council is to consist of 9 members, 1 of whom is the
chairperson.
(2) The chairperson must be an inspector appointed by the
Minister as the chairperson.

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 council—
(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.
s 80 54 s 81
Coal Mining Safety and Health Act 1999

(3) Only 1 panel may be submitted by all industrial organisations

representing coal mine workers.
(4) Each panel must include 4 or more names.

80 Appointment of members
(1) The Minister must appoint 3 persons from each panel to be
members of the council.
(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 Minister must appoint 2 inspectors to be members of the
council, in addition to the inspector appointed to be
chairperson.
(4) The Minister may appoint a person to be a member only if the
person is experienced in coal mining operations.
(5) In selecting a person for appointment to the council, 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 council.
(7) The members who are not inspectors must be appointed under
this Act and not under the Public Service Act 1996.

81 Duration of appointment
(1) A member of the council may be appointed by the Minister
for a term of not more than 3 years.
(2) A person, other than the chairperson, may not be a member of
the council for more than 8 consecutive years.
s 82 55 s 85
Coal Mining Safety and Health Act 1999

82 Conditions of appointment
(1) A member of the council is entitled to the remuneration and
allowances that are decided by the Governor in Council.
(2) A member holds office on the conditions not provided by this
Act that are decided by the Governor in Council.

83 Member ceasing as member

The office of a member of the council 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 council
without leave of the council and without reasonable
excuse; or
(d) is removed from office by the Minister for any reason or
none.

84 Times and places of council meetings

(1) The council may hold its meetings at the times and places it
decides.
(2) However, the council must meet at least twice a year.
(3) The chairperson—
(a) may call a meeting of the council 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 council at any
time.

85 Presiding at meetings of the council

(1) The chairperson must preside at all meetings of the council at
which the chairperson is present.
(2) In the absence of the chairperson, an inspector nominated by
the chairperson presides.
s 86 56 s 88
Coal Mining Safety and Health Act 1999

86 Quorum and voting at meetings of the council

(1) At a meeting of the council—
(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.

87 Recommendation to Minister if vote not unanimous

(1) If the council gives advice or makes a recommendation to the
Minister about a matter, the council must advise the Minister
whether the council’s decision about the matter was
unanimous.
(2) If the decision was not unanimous, the council must advise
the Minister of the views of the minority.

88 Taking part in meetings by telephone etc.

(1) The council may permit members to take part in a particular
meeting, or all meetings, by any technology permitting
contemporaneous communication with other council
members.
(2) A member who takes part in a meeting of the council under a
permission under subsection (1) is taken to be present at the
meeting.
s 89 57 s 91
Coal Mining Safety and Health Act 1999

89 Resolutions without meetings

(1) If at least 6 members of the council 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 council 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 council 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.

90 Minutes by the council

The council must keep minutes of its proceedings.

91 Committees
The council may appoint committees to advise it on a
particular issue.
s 92 58 s 93
Coal Mining Safety and Health Act 1999

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 Site safety and health

representatives

93 Election of site safety and health representatives

(1) The coal mine workers at a coal mine may elect up to 2 of
their number to be site safety and health representatives for
the mine for the term decided by the coal mine workers.
(2) If there is more than 1 site senior executive at a coal mine, the
coal mine workers in each part of the mine for which a site
senior executive has responsibility may elect 2 coal mine
workers to be site safety and health representatives for each
part for the term decided by the coal mine workers.
(3) A person elected under subsection (1) or (2), becomes a site
safety and health representative only if the person holds the
appropriate safety and health competencies accepted by the
council for a site safety health representative.13
(4) When performing functions or exercising powers under this
part, a site safety and health representative is taken to be
performing part of the coal mine worker’s duties as a coal
mine worker.

13 The council has a function for establishing and publishing these competencies—see
section 76 (Functions of council).
s 94 59 s 96
Coal Mining Safety and Health Act 1999

94 Further election if site safety and health representative

not available
(1) If a site safety and health representative is not available when
a coal mine operation is considered unsafe by affected coal
mine workers, coal mine workers at the mine or part of the
mine may elect 2 coal mine workers who are practical miners
to inspect the coal mining operation.
(2) A person 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 operation is considered unsafe by
affected coal mine workers.

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(3).
Maximum penalty—40 penalty units.
(2) Subsection (1) does not apply to a person elected under
section 94.
(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.

96 Ceasing to be a site safety and health representative

A coal mine worker stops being a site safety and health
representative if the worker—
(a) tells the site senior executive that the worker resigns as
site safety and health representative; or
(b) stops being a worker at the mine; or
(c) is removed from office by a vote of coal mine workers.
s 97 60 s 99
Coal Mining Safety and Health Act 1999

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

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.

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.
s 100 61 s 100
Coal Mining Safety and Health Act 1999

(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.14
(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

A site safety and health representative for a coal mine has the
following powers—

14 Under section 97, the Minister may remove the site safety and health representative
from office if the Minister considers the representative is not performing the
representative’s functions satisfactorily.
s 101 62 s 101
Coal Mining Safety and Health Act 1999

(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 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.

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 safety and health representative may, by written report to
the site senior executive stating the reasons for the
representative’s belief, order the suspension of coal mining
operations.
(3) 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.
(4) The site safety and health representative must give a written
report to the site senior executive about the action taken under
subsection (3) and the reasons for the action.
s 102 63 s 105
Coal Mining Safety and Health Act 1999

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 his or her functions; or
(b) penalise a safety and health representative for
performing his or her functions.
Maximum penalty—200 penalty units.
s 106 64 s 107
Coal Mining Safety and Health Act 1999

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 by subsections (2) and (3) advising the identity of
each site safety and health representative for the mine.
Maximum penalty—40 penalty units.
(2) The site senior executive must display the notice
within 5 days after the site senior executive is notified of the
representative’s election.
(3) 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.
s 108 65 s 111
Coal Mining Safety and Health Act 1999

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 a first or second
class certificate of competency or a deputy’s certificate of
competency.
(3) The appointment must be for 4 years.

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.
s 112 66 s 115
Coal Mining Safety and Health Act 1999

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
s 116 67 s 118
Coal Mining Safety and Health Act 1999

(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;
s 119 68 s 119
Coal Mining Safety and Health Act 1999

(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, if reasonable notice of the
proposed entry is given to the site senior executive or the
site senior executive’s representative;
(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 copy safety and health management system
documents, including principal hazard management
plans, standard operating procedures and training
records;
(e) to require the person in control or temporarily in control
of a coal mine to give the representative reasonable help
in the exercise of a power under paragraphs (a) to (d);
(f) to issue a directive under section 167.15

15 Section 167 (Directive to suspend operations for unacceptable level of risk)

s 120 69 s 122
Coal Mining Safety and Health Act 1999

(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)(e) must comply with the requirement,
unless the person has a reasonable excuse.
Maximum penalty—100 penalty units.
(3) If the industry safety and health representative requires access
to documents for subsection (1)(c), a person with an
obligation under the Act with access to the documents must
produce them as soon as reasonably practicable after being
asked, unless the person has a reasonable excuse.
Maximum penalty—100 penalty units.

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 chief executive must give each industry safety and health
representative an identity card.
s 123 70 s 124
Coal Mining Safety and Health Act 1999

(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.

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
chief executive 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.

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.
s 125 71 s 128
Coal Mining Safety and Health Act 1999

Part 9 Inspectors and inspection

officers and directives

Division 1 Inspectors and inspection officers

125 Appointments
(1) The chief executive must appoint officers or employees of the
public service as inspectors or inspection officers.
(2) The chief executive must appoint an inspector to be chief
inspector of coal mines.

126 Qualifications for appointment as inspector

The chief executive may appoint a person as an inspector only
if the chief executive considers the person has—
(a) a professional engineering qualification relevant to coal
mining operations from an Australian university or an
equivalent qualification; and
(b) appropriate competencies, and adequate experience, at
senior level in mining operations, to effectively perform
an inspector’s functions under this Act.

127 Qualifications for appointment as inspection officer

The chief executive may appoint a person as an inspection
officer only if the chief executive considers the person has
appropriate competencies, or other adequate experience, to
effectively perform an inspection officer’s functions under this
Act.

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;
s 129 72 s 130
Coal Mining Safety and Health Act 1999

(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 and other matters at coal mines that affect the
successful management of risk to persons;
(i) to investigate complaints about matters relating to safety
or health resulting from coal mining operations.

129 Further functions of inspectors

Inspectors have the following additional functions—
(a) to advise the chief inspector on safety and health at coal
mines;
(b) to make recommendations to the chief inspector about
prosecutions under this Act.

130 Identity cards

(1) The chief executive must give each inspector and inspection
officer an identity card.
(2) The identity card must—
(a) contain a recent photograph of the inspector or
inspection officer; and
s 131 73 s 133
Coal Mining Safety and Health Act 1999

(b) be signed by the inspector or inspection officer; and

(c) identify the person as an inspector or inspection officer
under this Act.

131 Failure to return identity card

A person who ceases to be an inspector or inspection officer
must return the person’s identity card to the chief executive as
soon as practicable, but within 21 days, after ceasing to be an
inspector or inspection officer, unless the person has a
reasonable excuse.
Maximum penalty—40 penalty points.

132 Production or display of identity card

(1) An inspector or inspection officer may exercise a power in
relation to another person only if the inspector or inspection
officer—
(a) first produces the inspector’s or inspection 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 or
inspection officer must produce the identity card for the other
person’s inspection at the first reasonable opportunity.

Division 2 Powers of inspectors and

inspection officers

Subdivision 1 Power to enter places

133 Entry to places

(1) An inspector or inspection officer may enter a place if—
(a) its occupier consents to the entry; or
s 134 74 s 134
Coal Mining Safety and Health Act 1999

(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 a workplace under the control of a person who has
an obligation under this Act and is—
(i) open for carrying on business; or
(ii) otherwise open for entry.
(2) For the purpose of asking the occupier of a place for consent
to enter, an inspector or inspection 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 inspector or inspection officer
reasonably considers members of the public ordinarily
are allowed to enter when they wish to contact the
occupier.
(3) For subsection (1)(e), a workplace does not include a part of
the place where a person resides.
(4) An inspector or inspection officer who enters a coal mine or
workplace must not unnecessarily impede production.
(5) In this section—
workplace means a workplace to which the Workplace Health
and Safety Act 1995 applies.

Subdivision 2 Procedure for entry

134 Consent to entry

(1) This section applies if an inspector or inspection officer
intends to ask an occupier of a place to consent to the
inspector or inspection officer or another inspector or
inspection officer entering the place.
s 135 75 s 135
Coal Mining Safety and Health Act 1999

(2) Before asking for the consent, the inspector or inspection

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 inspector or inspection officer may
ask the occupier to sign an acknowledgment of the consent.
(4) The acknowledgment 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 inspector or inspection 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 acknowledgment, the inspector or
inspection officer must immediately give a copy to the
occupier.
(6) A court must find the occupier did not consent to an inspector
or inspection 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 acknowledgment 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.

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.
s 136 76 s 137
Coal Mining Safety and Health Act 1999

(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—
s 137 77 s 137
Coal Mining Safety and Health Act 1999

(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.
s 138 78 s 138
Coal Mining Safety and Health Act 1999

(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.

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 himself or herself 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 139 79 s 139
Coal Mining Safety and Health Act 1999

Subdivision 3 General powers

139 General powers after entering coal mine or other places

(1) This section applies to an inspector or inspection officer who
enters a coal mine or other place.
(2) However, if an inspector or inspection officer enters a place to
get the occupier’s consent to enter premises, this section
applies to the inspector or inspection officer only if the
consent is given or the entry is otherwise authorised.
(3) For monitoring and enforcing compliance with this Act, the
inspector or inspection 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 inspector or
inspection 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 inspector or inspection officer reasonable help to
exercise the inspector’s or inspection 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 inspector or inspection officer
to help the inspector or inspection officer ascertain
whether this Act is being or has been complied with.
(4) When making a requirement mentioned in subsection (3)(f)
or (g), the inspector or inspection officer must warn the
person it is an offence to fail to comply with the requirement,
unless the person has a reasonable excuse.
s 140 80 s 142
Coal Mining Safety and Health Act 1999

140 Failure to help inspector or inspection 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.

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.16
Maximum penalty—40 penalty units.
(2) It is a reasonable excuse for the person to fail to comply with
the requirement if complying with the requirement might tend
to incriminate the person.
(3) This section is subject to section 159.17

142 Site senior executive must help inspector or inspection

officer
(1) An inspector or inspection officer may require a site senior
executive to help the inspector or inspection officer in the
performance of the inspector’s or inspection officer’s
functions.
(2) A site senior executive required to help an inspector or
inspection officer must comply with the requirement, unless
the site senior executive has a reasonable excuse.
Maximum penalty—100 penalty units.

16 Also, a person must not state anything the person knows to be false or misleading in
a material particular—see section 179.
17 Section 159 (Person must answer question about serious accident or high potential
incident)
s 143 81 s 146
Coal Mining Safety and Health Act 1999

Subdivision 4 Power to seize evidence

143 Seizing evidence at coal mine or other place

(1) An inspector or inspection 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 inspector or inspection officer reasonably
believes the thing is evidence of an offence against this Act.
(2) However, an inspection officer must not seize a document.

144 Securing things after seizure

Having seized a thing, an inspector or inspection 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.

145 Tampering with things subject to seizure

If an inspector or inspection 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 inspector’s or inspection officer’s approval.
Maximum penalty—100 penalty units.

146 Powers to support seizure

(1) To enable a thing to be seized, an inspector may require the
person in control of it—
s 147 82 s 148
Coal Mining Safety and Health Act 1999

(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.

147 Receipts to be given on seizure

(1) As soon as practicable after an inspector or inspection officer
seizes a thing, the inspector or inspection 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 inspector or inspection 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.

148 Forfeiture
(1) A thing that has been seized under this subdivision is forfeited
to the State if the inspector or inspection officer who seized
the thing—
s 149 83 s 149
Coal Mining Safety and Health Act 1999

(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 inspector or
inspection 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 inspector or
inspection 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.

149 Return of things that have been seized

(1) If a thing has been seized but not forfeited, the inspector or
inspection officer must return it to its owner—
(a) at the end of 6 months; or
(b) if a proceeding for an offence involving the thing is
started within 6 months, at the end of the proceeding and
any appeal from the proceeding; or
(c) if a board of inquiry or coroner’s inquest involving the
thing is started within 6 months, at the end of the inquiry
or inquest.
(2) However, unless the thing has been forfeited, the inspector or
inspection officer must immediately return a thing seized as
evidence to its owner if the inspector or inspection officer
stops being satisfied its continued retention as evidence is
necessary.
s 150 84 s 151
Coal Mining Safety and Health Act 1999

150 Access to things that have been seized

(1) Until a thing that has been seized is forfeited or returned, an
inspector or inspection 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 inspector has required a person to take a
thing to a stated place by a stated reasonable time under
section 14618 the inspector 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.

Subdivision 5 Power to stop and secure plant and

equipment

151 Inspector may stop and secure plant and equipment

(1) If an inspector or inspection officer believes plant or
equipment at a coal mine is likely to cause serious bodily
injury or create an immediate threat to health, the inspector or
inspection officer may stop the operation of the plant or
equipment and prevent it from being further operated.
(2) If an inspector or inspection officer has taken action under
subsection (1), the inspector or inspection 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.

18 Section 146 (Powers to support seizure)

s 152 85 s 153
Coal Mining Safety and Health Act 1999

Subdivision 6 Power to obtain information

152 Power to require name and address

(1) This section applies if—
(a) an inspector or inspection officer finds a person
committing an offence against this Act; or
(b) an inspector or inspection officer finds a person in
circumstances that lead, or has information that leads,
the inspector or inspection officer reasonably to suspect
the person has just committed an offence against this
Act.
(2) The inspector or inspection officer may require the person to
state the person’s name and residential address.
(3) When making the requirement, the inspector or inspection
officer must warn the person it is an offence to fail to state the
person’s name or residential address, unless the person has a
reasonable excuse.
(4) The inspector or inspection officer may require the person to
give the inspector or inspection officer evidence of the
correctness of the stated name or residential address if the
inspector or inspection officer reasonably suspects the stated
name or address to be false.
(5) A requirement under subsection (2) or (4) is a personal details
requirement.

153 Failure to give name or address

(1) A person of whom a personal details requirement is made
must comply with the requirement, unless the person has a
reasonable excuse.
Maximum penalty—40 penalty units.
(2) A person does not commit an offence against subsection (1)
if—
s 154 86 s 154
Coal Mining Safety and Health Act 1999

(a) the person was required to state the person’s name and
residential address by an inspector or inspection officer
who suspected the person had committed an offence
against this Act; and
(b) the person is not proved to have committed the offence.

154 Power to require production of documents

(1) An inspector or inspection officer may require a person who
has a safety and health obligation under this Act to make
available, or produce, for inspection by the inspector or
inspection officer at a reasonable time and place nominated by
the inspector or inspection officer, a document to which the
person has access that relates or is related to the person’s
obligations under this Act.
(2) The inspector or inspection officer may keep the document to
copy it.
(3) If the inspector or inspection officer copies the document, or
an entry in the document, the inspector or inspection 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 inspector or inspection 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
inspector or inspection officer may keep the document until
the person complies with the requirement.
(6) Also, an inspector may keep the document if the inspector
believes it is required for the investigation of a serious
accident or high potential incident.
(7) A requirement under subsection (1) is a document production
requirement.
s 155 87 s 156
Coal Mining Safety and Health Act 1999

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.
(3) If the requirement is made in relation to an investigation of a
serious accident or high potential incident and the document is
the personal property of an individual to whom the
requirement is directed, before requiring the production of the
document, the inspector must advise the person of the
following—
(a) that if the document might incriminate the person, the
person may claim, before producing the document, that
producing the document might incriminate the person;
(b) the document is admissible as evidence in a proceeding
against the person for an offence under this Act but is
not admissible in any other proceeding for an offence.
(4) If a document that is personal property, produced under a
document production requirement, might incriminate the
person and the person claims, before producing the document,
that producing the document might incriminate the person—
(a) the document is admissible in a proceeding against the
person for an offence under this Act; and
(b) the document or anything obtained as a direct or indirect
result of the person’s producing the document is not
admissible in any other proceeding for an offence
against the person.

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.
s 157 88 s 158
Coal Mining Safety and Health Act 1999

157 Power to require attendance of persons before an

inspector to answer questions
(1) An inspector may require a person to attend before the
inspector 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 inspector under
this Act.
(2) A requirement made of a person under this section to attend
before an inspector 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 inspector
must warn the person it is an offence to fail to comply with
the requirement, unless the person has a reasonable excuse.

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 inspector at the time and place
stated in the relevant notice; or
(b) when attending before the inspector fail to comply with
a requirement to answer a question.19
Maximum penalty—40 penalty units.

19 Also a person must not state anything the person knows to be false or misleading in
a material particular—see section 179.
s 159 89 s 159
Coal Mining Safety and Health Act 1999

(2) It is a reasonable excuse for a person to fail to comply with a

requirement to answer a question if complying with the
requirement might tend to incriminate the person.
(3) This section is subject to section 159.

159 Person must answer question about serious accident or

high potential incident
(1) This section applies if a person refuses to answer a question
about a serious accident or high potential incident asked by an
inspector.
(2) If the inspector requires the person to answer the question, the
inspector must advise the person of the following—
(a) that if the answer might incriminate the person, the
person may claim, before giving the answer, that giving
the answer might incriminate the person;
(b) the effect of making the claim on the admissibility of the
answer and any information, document or other thing
obtained as a direct or indirect result of the person
giving the answer as evidence in any proceeding against
the person.
(3) The person must answer the question, unless the person has a
reasonable excuse.
Maximum penalty—40 penalty units.
(4) It is not a reasonable excuse to fail to answer the question that
answering might tend to incriminate the person.
(5) Subsection (6) applies if an answer might incriminate the
person and the person claims, before giving the answer, that
giving the answer might incriminate the person.
(6) Neither the answer nor any information, document or other
thing obtained as a direct or indirect result of the person
giving the answer is admissible in any proceeding against the
person, other than a proceeding in which the falsity or
misleading nature of the answer is relevant.
s 160 90 s 162
Coal Mining Safety and Health Act 1999

Subdivision 7 Additional powers of chief inspector

160 Additional powers of chief inspector

The chief inspector has the powers of an inspector and the
following additional powers—
(a) to initiate prosecutions for offences under the Act;
(b) to give a directive under section 172;20
(c) to review, and confirm, vary or set aside, directives given
by inspectors, inspection officers or industry safety and
health representatives.

Division 3 Directives by inspectors, inspection

officers and industry safety and
health representatives

Subdivision 1 Power to give and way of giving

directives

161 Directive may be given

A directive may be given by a person, and for a matter,
mentioned in subdivision 2.

162 How directive is given

(1) Other than for sections 166, 167 and 170,21 the directive must
be given in writing to the coal mine operator for the coal mine
to which the directive relates.
(2) The person giving the directive must give a copy of the
directive to the site senior executive for the mine.

20 Section 172 (Directive to provide independent engineering study)

21 Sections 166 (Directive to reduce risk), 167 (Directive to suspend operations for
unacceptable level of risk) and 170 (Directive to isolate site)
s 163 91 s 166
Coal Mining Safety and Health Act 1999

(3) Failure to comply with subsection (2) does not affect the
validity of the directive.

163 How directive is given for ss 166, 167 and 170

For sections 166, 167 and 170, a directive is to be given in the
way stated in the sections.

Subdivision 2 Matters for which directives may be

given

164 Directive to ensure coal mine worker competent

If an inspector believes that a particular task at a coal mine
should be performed only by persons with a particular
competency, the inspector may give a directive that the task be
performed only by a person with the competency.

165 Directive to carry out test

If an inspector reasonably suspects a risk from coal mining
operations is not at an acceptable level, the inspector may give
a directive to carry out stated tests to decide whether the level
of risk is at an acceptable level.

166 Directive to reduce risk

(1) If an inspector or inspection officer reasonably believes a risk
from coal mining operations may reach an unacceptable level,
the inspector or officer may give a directive to any person to
take stated corrective or preventative action to prevent the risk
reaching an unacceptable level.
(2) The directive may be given orally or by notice.
(3) If the directive is given orally, the person giving the directive
must confirm the directive by notice to the person in control
of the mine or part of the mine affected by the directive and to
the relevant site senior executive.
(4) Failure to comply with subsection (3) does not affect the
validity of the directive.
s 167 92 s 170
Coal Mining Safety and Health Act 1999

167 Directive to suspend operations for unacceptable level of

risk
(1) If an inspector, inspection officer or industry safety and health
representative believes risk from coal mining operations is not
at an acceptable level, the inspector, officer or representative
may give a directive to any person to suspend operations in all
or part of the mine.
(2) The directive may be given orally or by notice.
(3) If the directive is given orally, the person giving the directive
must confirm the directive by notice to the person in control
of the mine or part of the mine affected by the directive and to
the relevant site senior executive.
(4) Failure to comply with subsection (3) does not affect the
validity of the directive.

168 Directive to review safety and health management

system and principal hazard management plans
If an inspector believes the safety and health management
system or a principal hazard management plan for a coal mine
is ineffective, the inspector may give a directive to review the
safety and health management system or the principal hazard
management plan and make it effective.

169 Directive to suspend operations for ineffective safety and

health management system
If an inspector believes there is not an effective safety and
health management system for a coal mine or part of a coal
mine, the inspector may give a directive suspending
operations in all or part of the mine.

170 Directive to isolate site

(1) If an inspector believes it is necessary to preserve evidence
after a serious accident or high potential incident, the
inspector may give a directive to any person to isolate and
protect the accident or incident site.
(2) The directive may be given orally or by notice.
s 171 93 s 172
Coal Mining Safety and Health Act 1999

(3) If the directive is given orally, the inspector must confirm the
directive by notice to the person in control of the mine or part
of the mine affected by the directive and to the relevant site
senior executive.
(4) Failure to comply with subsection (3) does not affect the
validity of the directive.

171 Directive about separate part of the mine

(1) This section applies if part of a surface mine taken to be a
separate part of a surface mine under section 21(4) is operated
in a way so that it is no longer a separate part of a surface
mine under section 21(4).
(2) An inspector may give a directive to a person to operate the
part of the surface mine so that it is a separate part of a mine
under section 21(4).
(3) If the directive is not complied with, an inspector may give a
further directive suspending operations in the part of the
surface mine.

172 Directive to provide independent engineering study

(1) The chief inspector may give a directive to provide an
independent engineering study about—
(a) risks arising out of coal mining operations; or
(b) the safety of part or all of any plant, building or structure
at the mine; or
(c) a serious accident or high potential incident at the mine.
(2) The directive must state—
(a) the reasons for and objectives of the study; and
(b) that the person who undertakes the study 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—
s 173 94 s 174
Coal Mining Safety and Health Act 1999

(a) has relevant professional qualifications and experience

for the study; and
(b) is not an employee of the coal mine operator for the
mine or of a contractor at the mine.

Subdivision 3 Recording of directives and other

matters

173 Records must be kept

(1) An inspector, inspection officer or industry safety and health
representative must keep an accurate record of all reports and
directives given by the inspector, officer or representative
under this Act.
(2) An inspector, inspection officer or industry safety and health
representative must make a written report of every inspection
of a coal mine made by the inspector, officer or representative
under this Act.
(3) An inspector, inspection officer or industry safety and health
representative must give the coal mine operator and the site
senior executive of the mine a copy of the report as soon as
practicable after making it.

174 Directives
(1) If an inspector, inspection officer, or industry safety and
health representative has given a directive, the inspector,
officer or representative—
(a) must enter it in the mine record as soon as reasonably
practicable after giving it; and
(b) must state the reason for the directive in the mine
record.
(2) A person to whom a directive is given must comply with the
directive as soon as reasonably practicable.
Maximum penalty—800 penalty units or 2 years
imprisonment.
s 175 95 s 175
Coal Mining Safety and Health Act 1999

(3) The site senior executive must enter in the mine record the
action taken to comply with the directive as soon as
practicable after the action is taken.
Maximum penalty—40 penalty units.
(4) The site senior executive must make copies of directives
available for inspection by coal mine workers.
Maximum penalty—40 penalty units.
(5) A directive remains effective until—
(a) for a directive by an industry safety and health
representative—it is withdrawn in writing by the
representative or an inspector; or
(b) for a directive by the chief inspector—it is withdrawn in
writing by the chief inspector; or
(c) for a directive by an inspector other than the chief
inspector—it is withdrawn in writing by the inspector or
another inspector; or
(d) for a directive of an inspection officer—it is withdrawn
in writing by the inspection officer or an inspector; or
(e) for a directive by an industry safety and health
representative, an inspection officer or an inspector and
not otherwise withdrawn—the chief inspector varies or
sets aside the directive after reviewing it under
subdivision 4; or
(f) the Industrial Court stays, varies or sets aside the
directive.

Subdivision 4 Review of directives

175 Application for review

A person who is given a directive from an inspector
(other than the chief inspector), inspection officer or industry
safety and health representative may apply under this division
for the directive to be reviewed.
s 176 96 s 177
Coal Mining Safety and Health Act 1999

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.
s 178 97 s 178
Coal Mining Safety and Health Act 1999

(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 14.22

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.

22 Part 14 (Appeals)
s 179 98 s 180
Coal Mining Safety and Health Act 1999

(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 16723 must not be stayed.

Division 4 General enforcement offences

179 False or misleading statements

(1) A person must not state anything to an inspector or inspection
officer 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.

180 False or misleading documents

(1) A person must not give an inspector, inspection 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 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.

23 Section 167 (Directive to suspend operations for unacceptable level of risk)

s 181 99 s 182
Coal Mining Safety and Health Act 1999

(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.

181 Obstructing inspectors, inspection officers or industry

safety and health representatives
(1) A person must not obstruct an inspector, inspection officer or
industry health and safety representative in the exercise of a
power, unless the person has a reasonable excuse.
Maximum penalty—100 penalty units.
(2) If a person has obstructed an inspector, inspection 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.

Part 10 Board of examiners

Division 1 Purposes of part

182 Purposes of pt 10
The main purposes of this part are to provide for a board of
examiners and to state its functions.
s 183 100 s 186
Coal Mining Safety and Health Act 1999

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.

186 Membership and conduct of board proceedings

(1) The board of examiners is to consist of a chairperson and at
least 6 other members.
(2) An inspector is to be chairperson.
(3) Each member must have at least 10 years practical experience
in the mining industry.
(4) No more than 3 members may be inspectors.
(5) At least 6 of the members must be currently engaged in the
mining industry.
s 187 101 s 190
Coal Mining Safety and Health Act 1999

(6) Inspectors and industry safety and health representatives are

taken to be currently engaged in the mining industry.
(7) A member may be appointed for a term of not more than
5 years.

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 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 Service Act 1996.

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 must be a member of the board.
s 191 102 s 195
Coal Mining Safety and Health Act 1999

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 Committees
The board may appoint committees to advise it on particular
issues.

Division 3 General

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.

195 Obtaining certificates of competency by fraud

(1) A person must not become, or attempt to become, the holder
of a certificate of competency by giving false information to
the board of examiners.
Maximum penalty—400 penalty units.
s 196 103 s 197
Coal Mining Safety and Health Act 1999

(2) The board of examiners may cancel a certificate of

competency by notice to the holder if the board is satisfied
that the holder obtained the certificate of competency by
giving false information to the board.

196 Return of certificate of competency

The holder of a certificate of competency must, unless the
holder has a reasonable excuse, immediately return the
certificate to the board of examiners if—
(a) the board has given the holder notice under
section 195(2); or
(b) an industrial magistrate suspends or cancels the
certificate under section 258.24
Maximum penalty—400 penalty units.

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.

24 Section 258 (Court may order suspension or cancellation of certificate)

s 198 104 s 198
Coal Mining Safety and Health Act 1999

Part 11 Accidents and incidents

Division 1 Notification of accidents, incidents

and inspections

198 Notice of accidents, incidents or diseases

(1) Subject to subsections (2) and (3), as soon as practicable after
becoming aware of a serious accident or high potential
incident at a coal mine, the site senior executive for the coal
mine must notify an inspector and an industry safety and
health representative about the accident or incident either
orally or by notice.
Maximum penalty—40 penalty units.
(2) Subsection (3) applies if—
(a) the accident causes—
(i) the death of a person; or
(ii) a person to be admitted to a hospital as an
in-patient for treatment for a bodily injury
endangering, or likely to endanger, the person’s
life; or
(iii) a person to suffer an injury causing, or likely to
cause, a permanent injury to the person’s health; or
(b) the incident is a high potential incident of a type
prescribed under a regulation.
(3) The site senior executive must, on becoming aware of the
accident or incident, immediately notify an inspector and an
industry safety and health representative about the accident or
incident either orally or by notice.
Maximum penalty—40 penalty units.
(4) If the site senior executive makes an oral report under
subsection (1) or (3), the executive must confirm the report by
notice within 48 hours.
Maximum penalty—40 penalty units.
s 199 105 s 201
Coal Mining Safety and Health Act 1999

(5) However, if the serious accident results in death, the site

senior executive must confirm the oral report by notice
within 24 hours.
Maximum penalty—80 penalty units.
(6) As soon as practicable after receiving a report of a disease
prescribed under a regulation as a disease that must be
reported under this section, the site senior executive must give
an inspector and an industry safety and health representative
notice about the disease.
Maximum penalty—40 penalty units.

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.

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—
s 202 106 s 202
Coal Mining Safety and Health Act 1999

(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—forward the report to an inspector
within 1 month after the accident or incident.
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.

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—
s 203 107 s 205
Coal Mining Safety and Health Act 1999

(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 Chief executive 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 chief executive must consult with the
chairperson of the board and arrange—
s 206 108 s 207
Coal Mining Safety and Health Act 1999

(a) for the services of officers and employees of the

department 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.

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—
s 208 109 s 211
Coal Mining Safety and Health Act 1999

(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.
s 212 110 s 214
Coal Mining Safety and Health Act 1999

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 20725 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.

25 Section 207 (Notice of inquiry)

s 215 111 s 216
Coal Mining Safety and Health Act 1999

(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—30 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—30 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—30 penalty units.
(4) It is a reasonable excuse 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 person.
s 217 112 s 219
Coal Mining Safety and Health Act 1999

217 Contempt of board

A person must not—
(a) deliberately interrupt a board of inquiry; or
(b) create or continue, or join in creating or continuing, a
disturbance in or near a place where the board is
conducting its inquiry; or
(c) do anything that would be contempt of court if the board
were a judge acting judicially.
Maximum penalty—30 penalty units.

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
s 220 113 s 222
Coal Mining Safety and Health Act 1999

(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
s 223 114 s 224
Coal Mining Safety and Health Act 1999

(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).

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
s 225 115 s 225
Coal Mining Safety and Health Act 1999

(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.
s 226 116 s 227
Coal Mining Safety and Health Act 1999

(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
s 228 117 s 229
Coal Mining Safety and Health Act 1999

(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)26 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;

26 Section 224 (Coal mine operator must contribute)

s 230 118 s 231
Coal Mining Safety and Health Act 1999

(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.27

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;

27 For how to start an appeal, see section 238 (How to start appeal).
s 231 119 s 231
Coal Mining Safety and Health Act 1999

(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.
s 232 120 s 232
Coal Mining Safety and Health Act 1999

(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.
s 233 121 s 234
Coal Mining Safety and Health Act 1999

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.
s 235 122 s 235
Coal Mining Safety and Health Act 1999

(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).28
(3) A certificate under subsection (2) signed by an officer of the
corporation is evidence of the matters stated in it.

28 Section 224 (Coal mine operator must contribute)

s 236 123 s 238
Coal Mining Safety and Health Act 1999

Part 14 Appeals

Division 1 Appeals against particular

decisions of Minister or board of
examiners

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;29
(b) a person whose appointment as industry safety and
health representative has been
terminated—section 112;30

(c) the applicant for accreditation—sections 227 and 228;31

(d) the accredited corporation—section 231.32

237 Appeals against board of examiners’ decision

A person whose certificate is cancelled by the board of
examiners under section 19533 may appeal against the board’s
decision to an Industrial Magistrates Court under this division.

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

29 Section 97 (Removal from office by Minister)

30 Section 112 (Termination of appointment)
31 Sections 227 (Accreditation) and 228 (Accreditation conditions)
32 Section 231 (Amending, suspending or cancelling accreditations—procedure)
33 Section 195 (Obtaining certificates of competency by fraud)
s 239 124 s 240
Coal Mining Safety and Health Act 1999

(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 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.

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) In deciding an appeal, an Industrial Magistrates Court—
s 241 125 s 242
Coal Mining Safety and Health Act 1999

(a) is not bound by the rules of evidence; and

(b) must observe natural justice.
(4) In this section—
original decision-maker means the Minister or the board of
examiners.

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.
s 243 126 s 245
Coal Mining Safety and Health Act 1999

Division 2 Appeals against chief inspector’s

directives and review decisions

243 Who may appeal

A person whose interests are affected by the following may
appeal to the Industrial Court—
(a) a directive given by the chief inspector;
(b) a review decision of the chief inspector under part 9,
division 3, subdivision 4.34

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 directive—the day the appellant
receives the directive; or
(b) 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.

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.

34 Part 9 (Inspectors and inspection officers and directives), division 3 (Directives by

inspectors, inspection officers and industry safety and health representatives),
subdivision 4 (Review of directives)
s 246 127 s 248
Coal Mining Safety and Health Act 1999

(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 167;35
(b) a review decision about a directive given by another
person under section 167.

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—

35 Section 167 (Directive to suspend operations for unacceptable level of risk)

s 249 128 s 250
Coal Mining Safety and Health Act 1999

(a) confirm the directive or review decision appealed

against; or
(b) vary the directive or review decision appealed against;
or
(c) set aside the directive or review decision appealed
against and make a directive or decision in substitution
for the directive or review decision set aside; or
(d) set aside the directive or review decision appealed
against and return the issue to the person who gave the
directive or to the maker of the review 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.

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 the chief executive, the chief
inspector, an inspector, an inspection officer, an industry
safety and health representative or a site safety and
health representative; or
(b) the authority of the chief executive, the chief inspector,
an inspector, an inspection officer, an industry safety
and health representative or a site safety and health
representative to do anything under this Act.
s 251 129 s 252
Coal Mining Safety and Health Act 1999

(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.

251 Proof of signatures unnecessary

A signature purporting to be the signature of the chief
executive, the chief inspector, an inspector, an inspection
officer, an industry safety and health representative or a site
safety and health representative is evidence of the signature it
purports to be.

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, 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.
s 253 130 s 253
Coal Mining Safety and Health Act 1999

(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 or inspection 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
chief executive, the chief inspector, an inspector, an
inspection officer, an industry safety and health representative
or a site safety and health representative.

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.
s 254 131 s 255
Coal Mining Safety and Health Act 1999

(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 prosecution for an offence against this Act is by way of
summary proceedings before an industrial magistrate.
(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 person dissatisfied with a decision of an industrial
magistrate in proceedings brought under subsection (1) who
wants to appeal must appeal to the Industrial Court.
(4) The Workplace Relations Act 1997 applies, with necessary
changes, to a proceeding before an industrial magistrate
brought under subsection (1) and to a proceeding on appeal
before the Industrial Court brought under subsection (3).
s 256 132 s 258
Coal Mining Safety and Health Act 1999

(5) A prosecution for an offence against this Act must be started

by complaint of the chief inspector or someone else
authorised by the Minister or by the Attorney-General.
(6) In this section—
person dissatisfied with a decision in a proceeding means—
(a) a party to the proceeding; or
(b) a person bound by the decision; or
(c) if a person other than the chief inspector started the
proceeding, the chief inspector.

256 Recommendation to prosecute

(1) The following persons may recommend to the chief inspector
that there be a prosecution for an offence against this Act—
(a) an inspector;
(b) an industry safety and health representative;
(c) a site senior executive.
(2) Subsection (1) does not limit the chief inspector’s power to
prosecute.

257 Limitation on time for starting proceedings

A proceeding for an offence against this Act must start—
(a) within 1 year after the commission of the offence; or
(b) within 6 months after the offence comes to the
complainant’s knowledge but within 3 years after the
commission of the offence.

258 Court may order suspension or cancellation of certificate

(1) This section applies if a person convicted of an offence
against this Act is the holder of a certificate of competency.
(2) An industrial magistrate, on application by the complainant
during the proceedings for the offence, may suspend or cancel
the certificate of competency of the person convicted.
s 259 133 s 261
Coal Mining Safety and Health Act 1999

(3) A person dissatisfied with the industrial magistrate’s decision

to suspend or cancel the person’s certificate of competency
who wants to appeal against the decision, must appeal to the
Industrial Court.

259 Forfeiture on conviction

(1) On conviction of a person for an offence against this Act, an
Industrial 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.

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 chief executive
as the chief executive considers appropriate.
(2) Without limiting subsection (1), the chief executive may
destroy the thing.

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—
s 262 134 s 262
Coal Mining Safety and Health Act 1999

(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 diligence, have prevented the act or omission.
(4) In this section—
representative means—
(a) of a corporation—an executive 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.

262 Executive officers must ensure corporation complies

with Act
(1) The executive officers of a corporation must ensure that the
corporation complies with this Act.
(2) If a corporation commits an offence against a provision of this
Act, each of the corporation’s executive officers also commits
an offence, namely, the offence of failing to ensure that the
corporation complies with the provision.
Maximum penalty—the penalty for the contravention of the
provision by an individual.
s 263 135 s 265
Coal Mining Safety and Health Act 1999

(3) Evidence that the corporation has been convicted of an

offence against a provision of this Act is evidence that each of
the executive officers committed the offence of failing to
ensure that the corporation complies with the provision.
(4) However, it is a defence for an executive officer to prove—
(a) if the officer was in a position to influence the conduct
of the corporation in relation to the offence—the officer
exercised reasonable diligence to ensure the corporation
complied with the provision; or
(b) the officer was not in a position to influence the conduct
of the corporation in relation to the offence.

263 Representation
A party to a proceeding under this Act may be represented by
the party’s lawyer or agent.

264 Costs of investigation

(1) If a court convicts a person of an offence against this Act, the
court may order the person to pay the department’s reasonable
costs of investigating the offence, including reasonable costs
of preparing for the prosecution of the offence.
(2) This section does not limit the orders for costs the court may
make.

265 Recovery of fees

(1) A fee payable under this Act and not paid may be recovered
by the chief executive—
(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.
s 266 136 s 267
Coal Mining Safety and Health Act 1999

(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.

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 10.36

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.

36 Acts Interpretation Act 1954, part 10 (Service of documents)

s 268 137 s 270
Coal Mining Safety and Health Act 1999

Part 16 Offences

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 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.

269 Impersonating inspector or inspection officers and

others
A person must not pretend to be an inspector, inspection
officer, industry safety and health representative or site safety
and health representative.
Maximum penalty—40 penalty units.

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 industry safety and health representative; or
(d) a site safety and health representative.
s 271 138 s 272
Coal Mining Safety and Health Act 1999

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.
s 273 139 s 273
Coal Mining Safety and Health Act 1999

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—
s 274 140 s 274
Coal Mining Safety and Health Act 1999

(a) sealing operations are being undertaken in an

emergency and an inspector has been notified; or
(b) sealing operations are being undertaken following
written acknowledgment 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 himself or herself 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.
s 275 141 s 275
Coal Mining Safety and Health Act 1999

(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 himself or
herself in the position from which the original worker has
removed himself or herself, 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.

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 275A 142 s 276
Coal Mining Safety and Health Act 1999

Division 2 Miscellaneous

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.
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 in mining.
(3) This section does not limit the Freedom of Information
Act 1992.

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.
(2) If subsection (1) prevents a civil liability attaching to an
official, the liability attaches instead to the State.
(3) In this section—
official means—
(a) the Minister; or
(b) the chief inspector; or
(c) an inspector; or
s 277 143 s 278
Coal Mining Safety and Health Act 1999

(d) an inspection officer; or

(e) a person acting under the direction of or helping an
inspector; or
(f) a member of the council; or
(g) an industry safety and health representative; or
(h) a site safety and health representative.

Part 18 Administration

277 Delegations
(1) The Minister or chief executive may delegate his or her
powers under this Act to an appropriately qualified public
service employee.
(2) However, the Minister may delegate a power under a
provision required under section 227(3)(c)37 to any
appropriately qualified person for mines rescue services.
(3) In this section—
appropriately qualified includes having the qualifications,
experience or standing appropriate to exercise the power.
Example of ‘standing’—
A person’s classification level in the public service.

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.

37 Section 227 (Accreditation)

s 279 144 s 280
Coal Mining Safety and Health Act 1999

(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 chief executive may, by notice, require a person to keep
and give the chief executive 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 chief executive 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 for subsection (3)—40 penalty units.

280 Chief executive to keep records

(1) The chief executive must keep and maintain records that
include—
(a) a database of information about—
(i) hazards associated with coal mining operations and
methods of controlling the hazards; and
(ii) lost time accidents and illnesses and high potential
incidents; and
(b) plans showing the extent of operations undertaken at
abandoned mines; and
(c) current recognised standards.
s 281 145 s 283
Coal Mining Safety and Health Act 1999

(2) The chief executive, on payment by a person of a reasonable

fee decided by the chief executive, must give a person access
to the records.

281 Approved forms

The chief inspector may approve forms for use under this Act.

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.

Part 20 Transitional provisions and

repeals

Division 1 Definitions

283 Definitions for pt 20

In this part—
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 284 146 s 286
Coal Mining Safety and Health Act 1999

Division 2 Transitional matters

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.
s 287 147 s 290
Coal Mining Safety and Health Act 1999

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.

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.
s 291 148 s 295
Coal Mining Safety and Health Act 1999

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 279.38

38 Section 279 (Notices about coal industry statistics or information)

s 296 149 s 298
Coal Mining Safety and Health Act 1999

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.

Division 3 Repeals

298 Repeals
The following Acts are repealed—
(a) Coal Mining Act 1925;
(b) Coal Mining Act Amendment Act 1928.
 150
Coal Mining Safety and Health Act 1999

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 of an administrative nature.
Example of item 3—
Notice of an accident at a coal mine.
4 Fees payable under this Act.
5 Creating offences and prescribing penalties of not more
than 400 penalty units for offences against the regulation.

Part 2 Matters about safety and health

6 Coal mining operations and installations and equipment at

coal mines, including the operation of the working
environment;
7 Prescribing standard operating procedures and requirements
for coal mines, including for emergencies at coal mines.
 151
Coal Mining Safety and Health Act 1999

Schedule 2 (continued)

8 Ways to investigate for, identify and assess hazards at coal

mines.
9 Prescribing the tasks for which the council is to establish and
publish competencies.
10 Investigations and reports by coal mine operators of accidents
and incidents at coal mines.
11 Reports of diseases affecting coal mine workers.
12 Prescribing activities at coal mines for which standard
operating procedures are to be developed and situations in
which those procedures must be developed.
13 Prescribing activities at coal mines for which principal hazard
management plans must be developed.
14 Records to be kept and returns to be lodged by coal mine
operators and requirements as to inspection of the records.
15 Notices to be given and the persons by whom and to whom
the notices are to be given.
16 Mines rescue capability or the provision of mines rescue
services under part 13.
17 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.
18 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.
19 The mine record, its custody and care, information to be
entered in it and persons who may be required to make
entries.
20 Materials or objects to be classified as contraband.
21 Proceedings of the board of examiners.
22 Proceedings of the council.
 152
Coal Mining Safety and Health Act 1999

Schedule 2 (continued)

23 Safety and health duties of coal mine workers, including

reporting requirements.
24 Monitoring requirements to safeguard safety and health.
25 Design requirements, monitoring, testing and other safeguards
for the use of electrical equipment and electricity.
26 Design requirements, monitoring, testing and other safeguards
for the use of mechanical equipment and appliances.
27 The equipment for which certificates must be obtained from
nationally accredited testing stations.
28 Requirements for the safe use of explosives.
29 Exposure levels for toxic chemicals, substances and other
potentially debilitating disturbances that may affect health.
30 Protection barriers or other precautions necessary to protect
coal mines from hazards that may engulf workings.
31 Exits in underground mines from workings to surface.
32 Survey plans, including how often plans must be given to the
chief executive.
33 Special rules that may from time to time be required to
address health or safety problems at a specified mine.
34 The health of persons employed or to be employed at a coal
mine, including about—
(a) the appointment, qualifications and removal of doctors
for coal mines; or
(b) pre-employment and periodic medical examinations and
health assessments to decide a person’s fitness for work
at a coal mine; or
(c) the ownership, storage, confidentiality and release of the
results of medical examinations and health assessments;
or
(d) reciprocal arrangements between coal mining
operations for the exchange of information or the
recognition of medical examinations or health
assessments.
 153
Coal Mining Safety and Health Act 1999

Schedule 2 (continued)

35 Matters relating to common survey standards.

36 The responsibilities and duties of open-cut examiners.
37 Without limiting items 6 to 36, another matter about safety
and health.
 154
Coal Mining Safety and Health Act 1999

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.
attendance notice see section 213.
board of examiners see sections 184 and 287.
bodily harm see Criminal Code, section 1.
certificate of competency means a certificate of competency
granted by the board of examiners under this Act.
chief executive means the chief executive of the department in
which this Act is administered.
Note—
This is also the law under the Acts Interpretation Act 1954, section 36
but, because of the particular nature of this Act, is included here to avoid
confusion with the chief executive of, for example, a mining company.
chief inspector means the chief inspector of coal mines.
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 mining operations means activities, including on-site
activities, carried out at a coal mine that are associated with
the following in relation to coal—
(a) exploration;
(b) extracting;
 155
Coal Mining Safety and Health Act 1999

Schedule 3 (continued)

(c) the processing and treatment;

(d) installing and maintaining equipment used for
extraction, processing and treatment.
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 or employee of a contractor.
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.
consultation, with coal mine workers, see section 13.
contraband is material that by its hazardous nature presents
an unacceptable risk if taken underground.
conviction includes a plea of guilty or a finding of guilt by a
court even though a conviction is not recorded.
council see section 75.
document certification requirement see section 154(5).
document production requirement see section 154(7).
executive officer of a corporation means a person who is—
(a) a member of the governing body of the corporation; or
(b) concerned with, or takes part in, the corporations
management, whatever the person’s position is called
and whether or not the person is a director of the
corporation.
exploration permit means an exploration permit granted
under the Mineral Resources Act 1989.
 156
Coal Mining Safety and Health Act 1999

Schedule 3 (continued)

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.
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 a exploration permit, mineral
development licence or mining lease for the coal mine.
industrial organisation means an association of employees
registered under the Industrial Relations Act 1999 as an
employee organisation.
industry safety and health representative see section 27.
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.
mine, for part 13, see section 220.
mineral development licence means a mineral development
licence granted under the Mineral Resources Act 1989.
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.
 157
Coal Mining Safety and Health Act 1999

Schedule 3 (continued)

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.
notice means signed written notice.
obstruct includes hinder, resist and attempt to obstruct.
on-site activities see section 10.
party, to a mines rescue agreement, see section 222(2).
performance criteria means the performance criteria under
section 233.
personal details requirement see section 152(5).
physical overlapping of coal mining operations see
section 23.
place of seizure see section 144(a).
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.
principal hazard see section 20.
principal hazard management plan see section 63.
product includes as mined material, waste material, treated
and semi treated material.
recognised standard see section 71.
region means an administrative region established by the
chief executive for the administration of this Act.
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).
 158
Coal Mining Safety and Health Act 1999

Schedule 3 (continued)

risk see section 18.

safety and health see section 11.
safety and health management system see section 62.
safety and health obligations see section 33.
separate part of a surface mine see section 21(4).
serious accident see section 16.
site safety and health representative see section 28.
site senior executive, for a coal mine, see section 25.
standard operating procedure see section 14.
supervisor see section 26.
supplier of plant, equipment or goods, means a person who
contracts to supply plant, equipment or goods to coal mine
operators.
surface mine means—
(a) a coal mine other than an underground coal mine; or
(b) the surface operations of an underground coal mine.
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 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.
 159
Coal Mining Safety and Health Act 1999

Schedule 3 (continued)

union means the Construction Forestry Mining and Energy

Union—Mining and Energy Division Queensland District
Branch.
 160
Coal Mining Safety and Health Act 1999

Endnotes

1 Index to endnotes
Page
2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .160
3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .160
4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .161
5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .161
6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .162

2 Date to which amendments incorporated

This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this
reprint includes all amendments that commenced operation on or before 1 August 2004.
Future amendments of the Coal Mining Safety and Health Act 1999 may be made in
accordance with this reprint under the Reprints Act 1992, section 49.

3 Key
Key to abbreviations in list of legislation and annotations

Key Explanation Key Explanation

AIA = Acts Interpretation Act 1954 (prev) = previously
amd = amended proc = proclamation
amdt = amendment prov = provision
ch = chapter pt = part
def = definition pubd = published
div = division R[X] = Reprint No.[X]
exp = expires/expired RA = Reprints Act 1992
gaz = gazette reloc = relocated
hdg = heading renum = renumbered
ins = inserted rep = repealed
lap = lapsed (retro) = retrospectively
notfd = notified rv = revised edition
o in c = order in council s = section
om = omitted sch = schedule
orig = original sdiv = subdivision
p = page SIA = Statutory Instruments Act 1992
para = paragraph SIR = Statutory Instruments Regulation 2002
prec = preceding SL = subordinate legislation
pres = present sub = substituted
prev = previous unnum = unnumbered
 161
Coal Mining Safety and Health Act 1999

4 Table of reprints
Reprints are issued for both future and past effective dates. For the most up-to-date table
of reprints, see the reprint with the latest effective date.
If a reprint number includes a letter of the alphabet, the reprint was released in
unauthorised, electronic form only.

Reprint Amendments included Effective Reprint date

No.
1 to 2000 Act No. 46 16 March 2001 6 April 2001
1A to 2001 Act No. 33 7 June 2001 20 June 2001
1B to 2001 Act No. 45 15 July 2001 20 July 2001
1C to 2002 Act No. 25 20 June 2002 20 June 2002
(Column discontinued)
Notes
1D to 2003 Act No. 19 9 May 2003
1E to 2003 Act No. 70 1 August 2004

5 List of legislation
Coal Mining Safety and Health Act 1999 No. 39
date of assent 2 September 1999
ss 1–2 commenced on date of assent
pt 1 div 4, pts 6, 12 and sch 3 commenced 29 October 1999 (1999 SL No. 243)
remaining provisions commenced 16 March 2001 (2001 SL No. 14)
amending legislation—
Mining and Other Legislation Amendment Act 2000 No. 18 pts 1, 3
date of assent 8 June 2000
commenced on date of assent
Statute Law (Miscellaneous Provisions) Act 2000 No. 46 ss 1, 3 sch
date of assent 25 October 2000
commenced on date of assent
Natural Resources Legislation Amendment Act 2001 No. 33 pts 1, 4
date of assent 7 June 2001
commenced on date of assent
Corporations (Ancillary Provisions) Act 2001 No. 45 ss 1–2, 29 sch 3
date of assent 28 June 2001
ss 1–2 commenced on date of assent
sch 3 commenced 15 July 2001 (see s 2(2) of Act 2001 No. 45 (Qld) and
Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz
13 July 2001, No. S285)
remaining provision commenced immediately before 15 July 2001 (see s 2(1) of Act
2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd
Cwlth of Australia gaz 13 July 2001, No. S285)
 162
Coal Mining Safety and Health Act 1999

Natural Resources and Mines Legislation Amendment Act 2002 No. 25 pts 1–2
date of assent 20 June 2002
commenced on date of assent
Statute Law (Miscellaneous Provisions) Act 2003 No. 19 ss 1, 3 sch
date of assent 9 May 2003
commenced on date of assent
Surveyors Act 2003 No. 70 ss 1–2, 206 sch 2
date of assent 22 October 2003
ss 1–2 commenced on date of assent
remaining provisions commenced 1 August 2004 (2004 SL No. 127)

6 List of annotations
Meaning of “coal mine”
s9 amd 2002 No. 25 s 3
Meaning of “on-site activities”
s 10 amd 2002 No. 25 s 4
Meaning of “standard operating procedure”
s 14 amd 2000 No. 18 s 8
Meaning of “supervisor”
s 26 sub 2002 No. 25 s 5
Person not relieved of obligations
s 36 amd 2000 No. 46 s 3 sch
Notices by holder
s 49 amd 2002 No. 25 s 6
Notices by coal mine operator
s 50 amd 2002 No. 25 s 7
Appointment of site senior executive
s 54 amd 2002 No. 25 s 8
Management structure for safe operations at coal mines
s 55 amd 2002 No. 25 s 9
Appointment of ventilation officer
s 61 amd 2002 No. 25 s 10
Plans of coal mine workings
s 67 amd 2002 No. 25 s 11; 2003 No. 70 s 206 sch 2
Special warrants
s 137 amd 2002 No. 25 s 12
Return of things that have been seized
s 149 amd 2000 No. 18 s 9
 163
Coal Mining Safety and Health Act 1999

Directives
s 174 amd 2002 No. 25 s 13
Membership and conduct of board proceedings
s 186 amd 2000 No. 18 s 10
Notice of accidents, incidents or diseases
s 198 amd 2002 No. 25 s 14
Action to be taken in relation to site of accident or incident
s 201 amd 2000 No. 18 s 11
Meaning of “mines rescue agreement”
s 222 amd 2001 No. 45 s 29 sch 3
Court may order suspension or cancellation of certificate
s 258 amd 2000 No. 18 s 12
Representations about safety and health matters
s 275 sub 2002 No. 25 s 15
Disclosure of information
s 275A ins 2000 No. 18 s 13
Existing accreditation
s 288A ins 2001 No. 33 s 7
PART 20—TRANSITIONAL PROVISIONS AND REPEALS
pt hdg amd 2003 No. 19 s 3 sch
Division 4—Consequential amendments
om R1 (see RA s 40)
SCHEDULE 1—CONSEQUENTIAL AMENDMENTS
om R1 (see RA s 40)
SCHEDULE 3—DICTIONARY
def “chief executive” ins 2002 No. 25 s 16
def “document certification requirement” ins 2003 No. 19 s 3 sch
def “document production requirement” ins 2003 No. 19 s 3 sch
def “industrial organisation” sub 2003 No. 19 s 3 sch
def “industry safety and health representative” amd 2003 No. 19 s 3 sch
def “personal details requirement” ins 2003 No. 19 s 3 sch
def “place of seizure” ins 2003 No. 19 s 3 sch
def “region” ins 2002 No. 25 s 16
def “review decision” ins 2003 No. 19 s 3 sch
def “site safety and health representative” amd 2003 No. 19 s 3 sch

© State of Queensland 2004