Queensland: Coal Mining Safety and Health Act 1999 (Qld)

Coal Mining Safety and Health Act 1999 An Act to regulate the operation of coal mines, to protect the safety and health of persons at coal mines and persons who may be affected by coal mining operations, and for other purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Coal Mining Safety and Health Act 1999. 2 Commencement This Act commences on a day to be fixed by proclamation. Division 2 Operation of Act 3 Act binds all persons (1) This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and all the other States. (2) Nothing in this Act makes the State liable to be prosecuted for an offence. 4 What does this Act apply to This Act applies to coal mines and coal mining operations. 5 Who does this Act apply to This Act applies to— (a) everyone who may affect the safety or health of persons while the persons are at a coal mine; and (b) everyone who may affect the safety or health of persons as a result of coal mining operations; and (c) a person whose safety or health may be affected while at a coal mine or as a result of coal mining operations. 5A Relationship with Rail Safety National Law (Queensland) (1) This section applies if— (a) this Act, in the absence of this section, would apply to a mining railway; and (b) the Rail Safety National Law (Queensland) also applies to the mining railway. (2) This Act does not apply to the mining railway to the extent that the Rail Safety National Law (Queensland) applies. (3) In this section— mining railway means a railway that is in a mine other than a railway mentioned in the Rail Safety National Law (Queensland), section 7(1)(a). Division 3 Objects of Act 6 Objects of Act The objects of this Act are— (a) to protect the safety and health of persons at coal mines and persons who may be affected by coal mining operations; and (b) to require that the risk of injury or illness to any person resulting from coal mining operations be at an acceptable level; and (c) to provide a way of monitoring the effectiveness and administration of provisions relating to safety and health under this Act and other mining legislation. 7 How objects are to be achieved The objects of this Act are to be achieved by— (a) imposing safety and health obligations on persons who operate coal mines or who may affect the safety or health of others at coal mines; and (b) providing for safety and health management systems at coal mines to manage risk effectively; and (c) making regulations and recognised standards for the coal mining industry to require and promote risk management and control; and (d) establishing a safety and health advisory committee to allow the coal mining industry to participate in developing strategies for improving safety and health; and (e) providing for safety and health representatives to represent the safety and health interests of coal mine workers; and (f) providing for inspectors and other officers to monitor the effectiveness of risk management and control at coal mines, and to take appropriate action to ensure adequate risk management; and (g) providing a way for the competencies of persons at coal mines to be assessed and recognised; and (h) requiring management structures so that persons may competently supervise the safe operation of coal mines; and (i) providing for an appropriate coal mines rescue capability; and (j) providing for a satisfactory level of preparedness for emergencies at coal mines; and (k) providing for the health assessment and health surveillance of persons who are, will be or have been coal mine workers. Division 4 Interpretation 8 Dictionary The dictionary in schedule 3 defines particular words used in this Act. 9 Meaning of coal mine (1) A coal mine is any of the following places— (a) a place where on-site activities are carried on, continuously or from time to time, within the boundaries of land the subject of a mining tenure; (b) a place where on-site activities are carried on, continuously or from time to time, on land adjoining or adjacent to the boundaries of land the subject of a mining tenure and within which is a place mentioned in paragraph (a); (c) a place where on-site activities are carried on, continuously or from time to time, unlawfully because land at the place is not the subject of a mining tenure; (d) a place that was a coal mine while works are done to secure it after its abandonment; (e) a place where tourism, education or research related to coal mining happens that is declared under a regulation to be a coal mine; (f) a place that was a coal mine, or part of a coal mine, while— (i) on-site activities are carried on, continuously or from time to time; and (ii) an authorisation to enter land under the Mineral Resources Act 1989, section 344D is in force for the place. (2) A coal mine includes buildings for administration, accommodation and associated facilities within the boundaries of land the subject of the mining tenure for the mine or on land adjoining or adjacent to the boundaries of the land the subject of the mining tenure. (3) Despite subsection (1)(d), a place that was a coal mine is not a coal mine after its abandonment merely because work is being done at the place by or for the State— (a) to ensure public safety; or (b) to rehabilitate it; or (c) to secure it. 10 Meaning of on-site activities (1) On-site activities are activities carried on principally for, or in connection with, exploring for or winning coal and include the following— (a) constructing— (i) things required or permitted to be constructed under an exploration permit, mineral development licence or mining lease; or (ii) for a place mentioned in section 9(1)(c)—things that are required or permitted to be constructed under an exploration permit, mineral development licence or mining lease; (b) treating coal and disposing of waste substances; (c) rehabilitating of a place after coal mining operations; (d) maintaining and testing plant, equipment or machinery. (2) On-site activities do not include the following— (a) airborne geophysical surveys; (b) transporting product from a coal mine on public roads or public railways or on any other railway; (c) constructing and installing surface railways; (d) air transport to and from a coal mine; (e) pastoral activities; (f) underground gasification activities on land the subject of— (i) a mineral development licence or a mining lease for activities relating to mineral (f); or (ii) an exploration permit if the chief inspector has made a declaration under section 52A; (g) an activity declared not to be an on-site activity under a regulation. 11 Meaning of safety and health A person's safety and health is the person's safety or health, to the extent it is or may be affected by coal mining operations or other activities at a coal mine. 12 Meaning of competence Competence for a task at a coal mine is the demonstrated skill and knowledge required to carry out the task to a standard necessary for the safety and health of persons. 13 Meaning of consultation Consultation with coal mine workers is discussion between the site senior executive or supervisors and affected coal mine workers about a matter with the aim of reaching agreement about the matter. 14 Meaning of standard operating procedure A standard operating procedure at a coal mine is a documented way of working, or an arrangement of facilities, at the coal mine to achieve an acceptable level of risk, developed after consultation with coal mine workers. 15 Meaning of accident An accident at a coal mine is an event, or a series of events, at the coal mine causing injury to a person. 16 Meaning of serious accident A serious accident at a coal mine is an accident at a coal mine that causes— (a) the death of a person; or (b) a person to be admitted to a hospital as an in-patient for treatment for the injury. 17 Meaning of high potential incident A high potential incident at a coal mine is an event, or a series of events, that causes or has the potential to cause a significant adverse effect on the safety or health of a person. 18 Meaning of risk (1) Risk means the risk of injury or illness to a person arising out of a hazard. (2) Risk is measured in terms of consequences and likelihood. 19 Meaning of hazard A hazard is a thing or a situation with potential to cause injury or illness to a person. 20 Meaning of principal hazard A principal hazard at a coal mine is a hazard at the coal mine with the potential to cause multiple fatalities. 21 Meaning of coal mine operator (1) A coal mine operator for a coal mine is— (a) the holder; or (b) if another person has been appointed as the coal mine operator under section 53 and the appointment is notified to the chief inspector under section 49, the other person. (2) If— (a) another person mentioned in subsection (1)(b) is appointed as the coal mine operator for a separate part of a surface mine; and (b) the appointment is notified to the chief inspector under section 49; the person's responsibilities and safety and health obligations under this Act as a coal mine operator for a coal mine are limited to the separate part of the surface mine. (3) If— (a) 1 or more persons are appointed as coal mine operators for separate parts of a surface mine; and (b) the appointments are notified to the chief inspector under section 49; the holder's responsibilities and safety and health obligations under this Act as a coal mine operator for the coal mine are limited to the part of the mine to which the appointments do not apply. (4) For this section, a part of a surface mine is taken to be a separate part of a surface mine only if— (a) the part is geographically separated from the rest of the mine; and (b) there is no physical overlapping of coal mining operations between the part and the operations in another part of the mine; and (c) the coal mine operator for the part is in control of— (i) the coal mining operations carried out in the part of the mine; and (ii) the resources associated with the operations. (5) A person may be appointed coal mine operator for more than 1 mine or separate part of a surface mine. 22 Meaning of geographically separated (1) For section 21(4), a part of a surface mine is geographically separated from the rest of the mine if there is a clear boundary between the part of the surface mine and the rest of the mine. (2) Examples of a part of a surface mine that is geographically separated from the rest of the mine include the following— (a) a treatment plant that has all of its own facilities; (b) a surface mine excavation that has its own facilities, including haul roads not shared with persons involved in operations in another part of the mine; (c) a place where exploration activities are carried out if persons carrying out the activities do not share facilities with persons involved in coal mining operations in another part of the mine. 23 Meaning of physical overlapping of coal mining operations (1) For section 21(4), physical overlapping of coal mining operations for a surface mine includes the common use with persons involved in coal mining operations in another part of the mine of— (a) haul roads; and (b) stockpiles, if vehicles associated with coal mining operations in another part of the mine travel onto the stockpiles; and (c) mine workshops, stores and stores systems, hard stands and amenities. (2) However, the following are not physical overlapping of coal mining operations for a surface mine— (a) vehicles from 1 part of the mine dumping into a receival hopper in another part of the mine if the vehicles do not travel into the other part of the mine; (b) a conveyor system in 1 part of the mine discharging into a bin or onto a stockpile controlled by persons in another part of the mine; (c) a workshop in 1 part of the mine servicing vehicles from another part of the mine; (d) a laboratory in 1 part of the mine providing a service to another part of the mine. 24 When is a coal mine operator not in control For section 21(4), a coal mine operator is not in control of coal mining operations and associated resources for part of a surface mine if— (a) a person involved with coal mining operations in the part of the mine can transfer resources to another part of the mine; or (b) a person involved with coal mining operations in the part of the mine has the general management of another part of the mine; or (c) a person involved in coal mining in the part of the mine can control the supply of services, including supervision and safety inspections, to another part of the mine. 25 Meaning of site senior executive (1) The site senior executive for a coal mine is the most senior officer employed or otherwise engaged by the coal mine operator for the coal mine who— (a) is located at or near the coal mine; and (b) has responsibility for the coal mine. (2) Subsection (1)(a) does not require an officer with responsibility for exploration activities under an exploration permit or mineral development licence to be located at or near the coal mine. (3) If the officer only has responsibility for a separate part of a surface mine, the officer's responsibilities and safety and health obligations under this Act as a site senior executive for a coal mine are limited to the separate part of the surface mine for which the officer has responsibility. 26 Meaning of supervisor A supervisor at a coal mine is a person appointed under section 56 to— (a) implement and monitor the coal mine's safety and health management system; and (b) give directions to other coal mine workers at the coal mine in accordance with the safety and health management system. 27 Meaning of industry safety and health representative An industry safety and health representative is a person who is appointed under section 109(1) to represent coal mine workers on safety and health matters and who performs the functions and exercises the powers of an industry safety and health representative mentioned in part 8, division 2. 28 Meaning of site safety and health representative A site safety and health representative for a coal mine is a coal mine worker elected under section 93 by coal mine workers at the coal mine to exercise the powers and perform the functions of a site safety and health representative mentioned in part 7 division 2. Part 2 The control and management of risk and other basic concepts Division 1 Control and management of risk 29 What is an acceptable level of risk (1) For risk to a person from coal mining operations to be at an acceptable level, the operations must be carried out so that the level of risk from the operations is— (a) within acceptable limits; and (b) as low as reasonably achievable. (2) To decide whether risk is within acceptable limits and as low as reasonably achievable regard must be had to— (a) the likelihood of injury or illness to a person arising out of the risk; and (b) the severity of the injury or illness. 30 How is an acceptable level of risk achieved (1) To achieve an acceptable level of risk, this Act requires that management and operating systems must be put in place for each coal mine. (2) This Act provides that the systems must incorporate risk management elements and practices appropriate for each coal mine to— (a) identify, analyse, and assess risk; and (b) avoid or remove unacceptable risk; and (c) monitor levels of risk and the adverse consequences of retained residual risk; and (d) 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. (2) Cooperation is an important strategy in achieving the objects of the Act and is achieved— (a) at an industry level by— (i) the establishment of the coal mining safety and health advisory committee under part 6; and (ii) the appointment of industry safety and health representatives under part 8; and (b) at coal mine level by— (i) the election of site safety and health representatives under part 7; and (ii) the process of involving coal mine workers in the management of risk. Part 3 Safety and health obligations Division 1 Preliminary 33 Obligations for safety and health (1) Coal mine workers or other persons at coal mines or persons who may affect safety and health at coal mines or as a result of coal mining operations, have obligations under division 2 (safety and health obligations). (2) The following persons have obligations under division 3 (also safety and health obligations)— (a) a holder; (b) a coal mine operator; (c) a site senior executive; (d) a contractor; (e) a designer, manufacturer, importer or supplier of plant for use at a coal mine; (f) an erector or installer of plant at a coal mine; (g) a designer, constructor or erector of earthworks at a coal mine; (h) a manufacturer, importer or supplier of substances for use at a coal mine. (3) If a corporation has an obligation under this Act, an officer of the corporation has obligations under division 3A (also safety and health obligations). 34 Discharge of obligations A person on whom a safety and health obligation is imposed must discharge the obligation. Maximum penalty— (a) if the contravention caused multiple deaths— (i) for an offence committed by a corporation—30,000 penalty units; or (ii) for an offence committed by an officer of a corporation—6,000 penalty units or 3 years imprisonment; or (iii) otherwise—3,000 penalty units or 3 years imprisonment; or (b) if the contravention caused death or grievous bodily harm— (i) for an offence committed by a corporation—15,000 penalty units; or (ii) for an offence committed by an officer of a corporation—3,000 penalty units or 2 years imprisonment; or (iii) otherwise—1,500 penalty units or 2 years imprisonment; or (c) if the contravention caused bodily harm— (i) for an offence committed by a corporation—7,500 penalty units; or (ii) for an offence committed by an officer of a corporation—1,500 penalty units or 1 year's imprisonment; or (iii) otherwise—750 penalty units or 1 year's imprisonment; or (d) if the contravention involved exposure to a substance that is likely to cause death or grievous bodily harm— (i) for an offence committed by a corporation—7,500 penalty units; or (ii) for an offence committed by an officer of a corporation—1,500 penalty units or 1 year's imprisonment; or (iii) otherwise—750 penalty units or 1 year's imprisonment; or (e) otherwise— (i) for an offence committed by a corporation—5,000 penalty units; or (ii) for an offence committed by an officer of a corporation—1,000 penalty units or 6 months imprisonment; or (iii) otherwise—500 penalty units or 6 months imprisonment. 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. 37 How obligation can be discharged if regulation or recognised standard made (1) If a regulation prescribes a way of achieving an acceptable level of risk, a person may discharge the person's safety and health obligation in relation to the risk only by following the prescribed way. (2) If a regulation prohibits exposure to a risk, a person may discharge the person's safety and health obligation in relation to the risk only by ensuring the prohibition is not contravened. (3) Subject to subsections (1) and (2), if a recognised standard states a way or ways of achieving an acceptable level of risk, a person discharges the person's safety and health obligation in relation to the risk only by— (a) adopting and following a stated way; or (b) adopting and following another way that achieves a level of risk that is equal to or better than the acceptable level. 38 How obligations can be discharged if no regulation or recognised standard made (1) This section applies if there is no regulation or recognised standard prescribing or stating a way to discharge the person's safety and health obligation in relation to a risk. (2) The person may choose an appropriate way to discharge the person's safety and health obligation in relation to the risk. (3) However, the person discharges the person's safety and health obligation in relation to the risk only if the person takes reasonable precautions, and exercises proper diligence, to ensure the obligation is discharged. Division 2 Generally applicable safety and health obligations of persons 39 Obligations of persons generally (1) This section applies to each of the following persons who may affect the safety and health of others at a coal mine or as a result of coal mining operations at a coal mine— (a) a coal mine worker at the coal mine; (b) another person at the coal mine; (c) an ROC worker for the coal mine; (d) another person not located at the coal mine. (2) The person has the following obligations— (a) to comply with this Act and procedures applying to the person that are part of the safety and health management system for the mine; (b) if the person has information that other persons need to know to fulfil their obligations or duties under this Act, or to protect themselves from the risk of injury or illness—to give the information to the other persons; (c) to take any other reasonable and necessary course of action to ensure no-one is exposed to an unacceptable level of risk. 39A Additional obligations (1) This section applies to each of the following persons— (a) a coal mine worker at a coal mine; (b) another person at a coal mine; (c) an ROC worker for a coal mine. (2) The person has the following additional obligations— (a) to work or carry out the person's activities in a way that does not expose the person or someone else to an unacceptable level of risk; (b) to ensure, to the extent of the responsibilities and duties allocated to the person, that the work and activities under the person's control, supervision, or leadership is conducted in a way that does not expose the person or someone else to an unacceptable level of risk; (c) to the extent of the person's involvement—to participate in and conform to the risk management practices of the mine; (d) to comply with instructions given for safety and health of persons by the coal mine operator or site senior executive for the mine or a supervisor at the mine; (e) to work at or for the coal mine only if the person is in a fit condition to carry out the work without affecting the safety and health of others; (f) not to do anything wilfully or recklessly that might adversely affect the safety and health of someone else at the mine. Division 3 Obligations of holders, coal mine operators, site senior executives and others 40 Obligations of holders (1) This section applies if the holder for a coal mine proposes to appoint under section 53 another person as coal mine operator for the mine. (2) The holder must— (a) inform the proposed coal mine operator, by notice, of all relevant information available to the holder that may help the proposed coal mine operator— (i) ensure the site senior executive for the coal mine develops and implements a safety and health management system for the mine; and (ii) prepare and implement principal hazard management plans for the mine; and (b) include in the contract appointing the coal mine operator an obligation on the operator— (i) to establish a safety and health management system for the mine; and (ii) other than for exploration activities under an exploration permit or mineral development licence—to be a party to a mines rescue agreement. 41 Obligations of coal mine operators (1) A coal mine operator for a coal mine has the following obligations— (a) to ensure the risk to coal mine workers while at the operator's mine is at an acceptable level, including, for example, by providing and maintaining a place of work and plant in a safe state; (b) to ensure the operator's own safety and health and the safety and health of others is not affected by the way the operator conducts coal mining operations; (c) not to carry out an activity at the coal mine that creates a risk to a person on an adjacent or overlapping petroleum authority if the risk is higher than an acceptable level of risk; (d) to appoint a site senior executive for the mine; (e) to ensure the site senior executive, or acting site senior executive, for the coal mine is located at or near the coal mine when performing the duties of the site senior executive unless— (i) the duties require the site senior executive, or acting site senior executive, to be temporarily absent for not more than 14 days; or (ii) the site senior executive, or acting site senior executive, is temporarily absent on leave for not more than 14 days; (f) to ensure the site senior executive for the mine— (i) develops and implements a safety and health management system for the mine; and (ii) develops, implements and maintains a management structure for the mine that helps ensure the safety and health of persons at the mine; (g) to audit and review the effectiveness and implementation of the safety and health management system to ensure the risk to persons from coal mining operations is at an acceptable level; (h) to provide adequate resources to ensure the effectiveness and implementation of the safety and health management system. (2) Without limiting subsection (1), the coal mine operator has an obligation not to operate the coal mine without a safety and health management system for the mine. (3) In this section— adjacent or overlapping petroleum authority means any of the following under an Act as follows if, under that Act, its area is adjacent to, or overlaps with, the land the subject of the mining tenure under which the coal mine is operated— (a) a petroleum authority under the Petroleum and Gas (Production and Safety) Act 2004; (b) an authority to prospect, petroleum lease, or water monitoring authority, under the Petroleum Act 1923. 42 Obligations of site senior executive for coal mine A site senior executive for a coal mine has the following obligations in relation to the safety and health of persons who may be affected by coal mining operations— (a) to ensure the risk to persons from coal mining operations is at an acceptable level; (b) to ensure the risk to persons from any plant or substance provided by the site senior executive for the performance of work is at an acceptable level; (c) to develop and implement a safety and health management system for all persons at the mine including contractors; (d) to give a contractor for the mine information in the site senior executive's possession about all relevant components of the mine's safety and health management system, required by the contractor to— (i) identify risks arising in relation to any work to be performed, service to be provided, or work or service to be arranged, by the contractor; and (ii) comply with section 43(1)(d); (e) to review safety and health management plans of contractors and, if necessary, require changes to be made to those plans to enable them to be integrated with the mine's safety and health management system; (f) to develop, implement and maintain a management structure for the mine that helps ensure the safety and health of persons at the mine; (g) to ensure no work is undertaken by a coal mine worker at the mine, or an operational ROC worker for the mine, until the worker— (i) has been inducted in the mine's safety and health management system to the extent it relates to the work to be undertaken by the worker; and (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be undertaken by the worker; and (iii) has received training so the worker is competent to perform the worker's duties; (h) to provide for— (i) adequate planning, organisation, leadership and control of coal mining operations; and (ii) the carrying out of critical work at the mine that requires particular technical competencies; and (iii) adequate supervision and control of coal mining operations on each shift at the mine; and (iv) regular monitoring and assessment of the working environment, work procedures, equipment, and installations at the mine; and (v) appropriate inspection of each workplace at the mine including, where necessary, pre-shift inspections; and (vi) the development of a schedule of when inspections, including regular periodic inspections, must be carried out; and (vii) adequate supervision and monitoring of contractors at the mine. 43 Obligations of contractors (1) A contractor for a coal mine has the following obligations— (a) to ensure the contractor complies with this Act to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor; (b) to ensure the contractor complies with the mine's safety and health management system to the extent it relates to the work performed, service provided, or work or service arranged, by the contractor; (c) to ensure the contractor's own safety and health, and the safety and health of others, is not adversely affected by the way the contractor performs work, provides a service, or arranges work or a service, at the mine; (d) to ensure no work is performed, service provided, or work or service arranged, by the contractor until the contractor— (i) has given the site senior executive for the mine a safety and health management plan; and (ii) has made all changes to the contractor's safety and health management plan required by the site senior executive to enable the plan to be integrated with the mine's safety and health management system; (e) if the contractor is physically present at the mine—to ensure no work at the mine is performed by the contractor until the contractor— (i) has been inducted in the mine's safety and health management system to the extent it relates to the work to be performed by the contractor; and (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be performed by the contractor; (f) to ensure no work at the mine is performed by a coal mine worker engaged by the contractor, or a coal mine worker arranged by the contractor to perform work or provide a service, until the worker— (i) has been inducted in the mine's safety and health management system to the extent it relates to the work to be performed, or service to be provided, by the worker; and (ii) has received training about hazards and risks at the mine to the extent they relate to the work to be performed, or service to be provided, by the worker; (g) to ensure the fitness for use of plant at the mine is not adversely affected by the work performed or service provided by the contractor. (2) In this section— safety and health management plan, of a contractor, means a plan that— (a) identifies the work to be undertaken, service to be provided, or work or service to be arranged, by the contractor; and (b) states how the contractor intends to comply with the contractor's obligations under this section. 44 Obligations of designers, manufacturers, importers and suppliers of plant etc. for use at coal mines (1) A designer or importer of plant for use at a coal mine has an obligation to ensure the plant is designed so that, when used properly, the risk to persons from the use of the plant is at an acceptable level. (2) A manufacturer or importer of plant for use at a coal mine has an obligation to ensure the plant is constructed so that, when used properly, the risk to persons from the use of the plant is at an acceptable level. (3) A designer, manufacturer or importer of plant for use at a coal mine has an obligation to ensure the plant undergoes appropriate levels of testing and examination to ensure compliance with the obligation imposed by subsection (1) or (2). (4) Also, a designer, manufacturer, importer or supplier of plant for use at a coal mine has the following obligations— (a) to take all reasonable steps to ensure appropriate information about the safe use of the plant is available, including information about the maintenance necessary for the safe use of the plant; (b) if the designer, manufacturer, importer or supplier becomes aware of a hazard or defect associated with the plant that may create an unacceptable level of risk to users of the plant, to inform the chief inspector of— (i) the nature of the hazard or defect and its significance; and (ii) any modifications or controls of which the designer, manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and (iii) the name of each coal mine operator or contractor to whom the designer, manufacturer, importer or supplier has supplied the plant; and (iv) the steps taken to notify the coal mine operators and contractors about the matters mentioned in subparagraphs (i) and (ii); (c) to take the action the chief inspector reasonably requires to prevent the use of unsafe plant anywhere. Example of subsection (4)(c)— The chief inspector may require a designer, manufacturer, importer or supplier of plant to recall the plant to prevent its use. (5) For subsection (4)(a), information is appropriate if the information states— (a) the use for which the plant has been designed and tested; and (b) any conditions that must be followed if the plant is to be used safely so that risk to persons is at an acceptable level. (6) If a supplier of plant becomes aware of a hazard or defect associated with the plant the supplier has supplied to a coal mine operator for a coal mine or to a contractor for use at a coal mine, that may create an unacceptable level of risk to users of the plant, the supplier has an obligation to take all reasonable steps to inform the coal mine operator or contractor— (a) of the nature of the hazard or defect and its significance; and (b) any modifications or controls the supplier is aware of that have been developed to eliminate or correct the hazard or defect or manage the risk. 45 Obligations of erectors and installers of plant An erector or installer of plant at a coal mine has an obligation— (a) to erect or install the plant in a way that is safe and does not expose persons at the mine to an unacceptable level of risk; and (b) to ensure nothing about the way the plant was erected or installed makes it unsafe or likely to expose persons at the mine to an unacceptable level of risk when used properly. 45A Obligations of designers, constructors and erectors of earthworks (1) A designer of earthworks at a coal mine has an obligation to ensure the earthworks are designed so that, when used properly, the risk to persons from the use of the earthworks is at an acceptable level. Examples of earthworks— tailings dam, berm (2) A constructor or erector of earthworks at a coal mine has an obligation— (a) to construct or erect the earthworks in a way that is safe and does not expose persons to an unacceptable level of risk; and (b) to ensure nothing about the way the earthworks are constructed or erected makes the earthworks unsafe or likely to expose persons to an unacceptable level of risk when used properly. 46 Obligations of manufacturers, importers and suppliers of substances for use at coal mines (1) A manufacturer or importer of a substance for use at a coal mine has the following obligations— (a) to ensure the substance is safe so that, when used properly, the risk to persons from the use of the substance is at an acceptable level; (b) to ensure the substance undergoes appropriate levels of testing and examination to ensure compliance with the obligation imposed by paragraph (a). (2) Also, a manufacturer, importer or supplier of a substance for use at a coal mine has the following obligations— (a) to ensure appropriate information about the safe use, storage and disposal of the substance is provided with the substance; (b) if the manufacturer, importer or supplier becomes aware of a hazard or defect associated with the substance that may create an unacceptable level of risk to users of the substance, to inform the chief inspector of— (i) the nature of the hazard or defect and its significance; and (ii) any modifications or controls of which the manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and (iii) the name of each coal mine operator or contractor to whom the manufacturer, importer or supplier has supplied the substance; and (iv) the steps taken to notify the coal mine operators and contractors about the matters mentioned in subparagraphs (i) and (ii); (c) to take the action the chief inspector reasonably requires to prevent the use of an unsafe substance at a coal mine. Example of subsection (2)(c)— The chief inspector may require a manufacturer, importer or supplier of a substance to recall the substance to prevent its use. (3) For subsection (2)(a), information is appropriate if the information clearly identifies the substance and states— (a) the precautions, if any, to be taken for the safe use, storage or disposal of the substance; and (b) the risks, if any, associated with the use, storage or disposal of the substance. (4) If a supplier of a substance for use at a coal mine becomes aware of a hazard or defect associated with the substance that may create an unacceptable level of risk to users of the substance, the supplier has an obligation to take all reasonable steps to inform each coal mine operator or contractor to whom the supplier has supplied the substance of— (a) the nature of the hazard or defect and its significance; and (b) any modifications or controls the supplier is aware of that have been developed to eliminate or correct the hazard or defect or manage the risk. 47 [Repealed] Division 3A Obligations of officers of corporations 47A Obligation of officers of corporations (1) If a corporation has an obligation under this Act, an officer of the corporation must exercise due diligence to ensure the corporation complies with the obligation. (2) An officer of a corporation may be convicted or found guilty of an offence under this Act relating to an obligation of the officer whether or not the corporation has been convicted or found guilty of an offence under this Act relating to an obligation of the corporation. (3) In this section, due diligence includes taking reasonable steps— (a) to acquire and keep up-to-date knowledge of mine safety and health matters; and (b) to gain an understanding of the nature of coal mining operations at a coal mine and generally of the hazards and risks associated with those operations; and (c) to ensure the corporation has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to safety and health from work carried out as part of coal mining operations; and (d) to ensure the corporation has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information; and (e) to ensure the corporation has, and implements, processes for complying with any obligation of the corporation under this Act; and (f) to verify the provision and use of the resources and processes mentioned in paragraphs (c) to (e). Example for paragraph (f)— If the corporation is a coal mine operator, verifying the provision and use of the resources and processes to ensure the operator complies with the requirement under section 41(1)(g) (including, for example, having regard to each report given by the operator in relation to an audit of the effectiveness and implementation of the mine's safety and health management system). (4) In this section— officer, of a corporation, does not include a person appointed as, or whose position reports directly or indirectly to, the site senior executive for a coal mine. Division 4 Defences 48 Defences for div 2 , 3 or 3A (1) It is a defence in a proceeding against a person for a contravention of an obligation imposed on the person under division 2, 3 or 3A in relation to a risk for the person to prove— (a) if a regulation has been made about the way to achieve an acceptable level of risk—the person followed the way prescribed in the regulation to prevent the contravention; or (b) subject to paragraph (a), if a recognised standard has been made stating a way or ways to achieve an acceptable level of a risk— (i) that the person adopted and followed a stated way to prevent the contravention; or (ii) that the person adopted and followed another way that achieved a level of risk that is equal to or better than the acceptable level to prevent the contravention; or (c) if no regulation or recognised standard prescribes or states a way to discharge the person's safety and health obligation in relation to the risk—that the person took reasonable precautions and exercised proper diligence to prevent the contravention. (2) Also, it is a defence in a proceeding against a person for an offence against section 34 for the person to prove that the commission of the offence was due to causes over which the person had no control. (3) The Criminal Code, sections 23 and 24, do not apply in relation to a contravention of section 34. (4) In this section, a reference to a recognised standard is a reference to the recognised standard in force at the time of the contravention. Part 3A Industrial manslaughter 48A Definitions for part (1) In this part— conduct means an act or omission to perform an act. employer, for a coal mine, means— (a) a person who employs or otherwise engages a coal mine worker for the coal mine; or (b) a person who arranges for a coal mine worker to work for the coal mine, including for example, a labour hire agency; or (c) the coal mine operator for the coal mine; or (d) the holder for the coal mine. executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer. senior officer, of an employer for a coal mine, means— (a) if the employer is a corporation—an executive officer of the corporation; or (b) otherwise—the holder of an executive position (however described) in relation to the employer who makes, or takes part in making, decisions affecting all, or a substantial part, of the employer's functions. (2) For this part, a person's conduct causes death if it substantially contributes to the death. 48B Exception for the Criminal Code , s 23 The Criminal Code, section 23 does not apply in relation to an offence against this part. 48C Industrial manslaughter—employer (1) An employer for a coal mine commits an offence if— (a) a coal mine worker— (i) dies in the course of carrying out work at the coal mine; or (ii) is injured in the course of carrying out work at the coal mine and later dies; and (b) the employer's conduct causes the death of the coal mine worker; and (c) the employer is negligent about causing the death of the coal mine worker by the conduct. Maximum penalty— (a) for an individual—20 years imprisonment; or (b) for a body corporate—100,000 penalty units. Note— See section 261 in relation to imputing to a body corporate particular conduct of officers, employees or agents of the body corporate. (2) An offence against subsection (1) is a crime. 48D Industrial manslaughter—senior officer (1) A senior officer of an employer for a coal mine commits an offence if— (a) a coal mine worker— (i) dies in the course of carrying out work at the coal mine; or (ii) is injured in the course of carrying out work at the coal mine and later dies; and (b) the senior officer's conduct causes the death of the coal mine worker; and (c) the senior officer is negligent about causing the death of the coal mine worker by the conduct. Maximum penalty—20 years imprisonment. (2) An offence against subsection (1) is a crime. Part 4 Provisions about the operation of coal mines Division 1 Notices about coal mines 49 Notices by holder (1) Before coal mining operations start at a coal mine or a separate part of a surface mine, the holder for the mine must give the inspector for the region in which the mine is situated notice of— (a) the name and address of the coal mine operator for the mine or part; and (b) the name of, and a description of the land (including its boundary) comprising, the mine or part; and (c) the date on which operations are to start at the mine or part. Maximum penalty—40 penalty units. (2) Subsection (1)(b) and (c) do not apply to exploration activities under an exploration permit or mineral development licence. (3) The holder must not change the following for a coal mine without first giving the inspector for the region in which the mine is situated notice— (a) the coal mine operator; (b) the name of the mine. Maximum penalty for subsection (3)—40 penalty units. 50 Notices by coal mine operator (1) Before coal mining operations start at a coal mine, the coal mine operator must give the inspector for the region in which the coal mine is situated notice of the name and address of the site senior executive for the mine. Maximum penalty—40 penalty units. (2) Also, the coal mine operator must, within 7 days after the appointment, give the inspector for the region notice of the following appointments including the name and address of the person appointed— (a) the appointment of a new site senior executive; (b) an appointment under section 57. Maximum penalty—40 penalty units. (3) When land is added to or omitted from a coal mine, the coal mine operator must, within 1 month after the addition or omission, give to the inspector for the region in which the mine is situated written particulars of the land (including its boundary) added or omitted. Maximum penalty—40 penalty units. (4) If coal mining operations permanently stop at the coal mine, the coal mine operator must, within 28 days after the operations permanently stop, give the inspector for the region in which the coal mine is situated notice of the date on which the operations permanently stopped. Maximum penalty—100 penalty units. 51 Notice of management structure Before coal mining operations start at a coal mine, the site senior executive must give a copy of the management structure the site senior executive must document under section 55 to the inspector for the region in which the mine is situated. Maximum penalty—40 penalty units. 52 Notice about exploration activities If exploration activities are to be carried out on land under an exploration permit or mineral development licence, the coal mine operator must give the inspector for the region in which the land subject to the exploration permit or mineral development licence is situated notice of the nature of the intended activity and the planned start date and duration of the activity. Maximum penalty—40 penalty units. 52A Notice about underground gasification activities (1) This section applies if the site senior executive for a coal mine gives the chief inspector notice that particular exploration activities at the coal mine under an exploration permit are underground gasification activities. (2) The chief inspector may by notice declare the activities to be underground gasification activities, with the agreement of the chief inspector, petroleum and gas. (3) The chief inspector must give the site senior executive a copy of the notice. (4) In this section— chief inspector, petroleum and gas means the chief inspector under the Petroleum and Gas (Production and Safety) Act 2004. Division 2 Management of coal mines Subdivision 1 General 53 Appointment of coal mine operator (1) The holder for a coal mine may, by written contract, appoint a person as the coal mine operator for the mine or, if the mine is or includes a separate part of a surface mine, the separate part. (2) An appointment of a person as coal mine operator for a part of a coal mine that is not a separate part of a surface mine is ineffective. 54 Limitations on appointment of site senior executive (1) A coal mine operator for a coal mine or for a separate part of a surface mine must not appoint more than 1 site senior executive for the mine or for the part for which the person is coal mine operator. Maximum penalty—500 penalty units. (2) A coal mine operator must not appoint a person to be site senior executive for more than 1 coal mine. Maximum penalty—500 penalty units. (3) However, a person may be appointed to be site senior executive for more than 1 coal mine if— (a) the mines are part of a mining project; or (b) the mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease; or (c) the mines are adjacent and on-site activities for winning coal are carried on at only 1 of the mines; or (d) the mines comprise mines forming part of a mining project and adjacent mines, and the adjacent mines consist only of exploration activities under an exploration permit, mineral development licence or mining lease. (4) A coal mine operator must not appoint a person to be site senior executive for a coal mine unless the person holds— (a) for an underground mine— (i) a site senior executive notice; and (ii) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i); or (b) for all or part of a surface mine— (i) a site senior executive notice; and (ii) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i). Maximum penalty—500 penalty units. (5) Also, a coal mine operator must not appoint a person to be site senior executive for a coal mine or a separate part of a surface mine unless the person is an employee of— (a) the coal mine operator; or (b) an associated entity of the coal mine operator; or (c) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine. Maximum penalty—500 penalty units. (6) However, subsection (5) does not apply if the only coal mining operations at the coal mine or the separate part of the surface mine are exploration activities under an exploration permit, mineral development licence or mining lease. (7) In this section— appoint includes employ and purport to appoint. 55 Management structure for safe operations at coal mines (1) The site senior executive for a coal mine must— (a) develop and maintain a management structure for the coal mine in a way that allows development and implementation of the safety and health management system; and (b) document the management structure. Maximum penalty—40 penalty units. (2) The document must state— (a) the responsibilities of the site senior executive; and (b) the responsibilities and competencies required for senior positions in the structure; and (c) the names of the persons holding the senior positions and their competencies; and (d) the name of the person who is responsible for establishing and implementing a system for managing contractors at the coal mine; and (e) the competencies required, and the responsibilities, for each other supervisory position at the mine. Maximum penalty—40 penalty units. (3) For subsection (2)(b), an inspector may by notice given to the site senior executive declare a position to be a senior position. (4) For each supervisory position mentioned in subsection (2)(e), the site senior executive must also keep a record of the names and competencies of each person authorised to carry out the responsibilities of the position. 56 Appointment of supervisors (1) A site senior executive for a coal mine must appoint 1 or more persons to be a supervisor at the mine. (2) The site senior executive must not appoint a person under subsection (1) unless the person— (a) is competent to be a supervisor; and (b) if there is a safety and health competency for supervisors recognised by the committee—has the relevant competency. Maximum penalty—100 penalty units. 57 Acting site senior executive (1) This section applies if the person appointed as site senior executive for a coal mine or a separate part of a surface mine (the appointed SSE)— (a) vacates office; or (b) is temporarily absent from duty for more than 14 days. (2) If subsection (1)(a) applies, the coal mine operator for the coal mine or the separate part of the surface mine may appoint a person to act as site senior executive during the vacancy. (3) If subsection (1)(b) applies, the coal mine operator for the coal mine or the separate part of the surface mine must appoint a person to act as site senior executive during the absence. Maximum penalty—100 penalty units. (4) A coal mine operator must not appoint a person to act as site senior executive for a coal mine or a separate part of a surface mine under subsection (2) or (3) unless the person holds— (a) a site senior executive notice; and (b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a). Maximum penalty—500 penalty units. (5) The coal mine operator must make an appointment under subsection (2) or (3)— (a) in writing; and (b) as soon as practicable and no later than 14 days after the day the appointed SSE vacates office or is first absent from duty. Maximum penalty—100 penalty units. (6) The coal mine operator must ensure a person appointed under subsection (2) or (3) acts as the site senior executive for a period of not more than 12 weeks starting on the day the appointed SSE— (a) vacated office; or (b) was first temporarily absent from duty. Maximum penalty—500 penalty units. (7) However, subsection (6) does not apply if the person appointed under subsection (2) or (3) is an employee of— (a) the coal mine operator; or (b) an associated entity of the coal mine operator; or (c) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine. (8) Also, subsection (6) does not apply if the only coal mining activities at the coal mine or the separate part of the surface mine for which the person is appointed are exploration activities under an exploration permit, mineral development licence or mining lease. (9) The person acting as site senior executive is subject to all of the obligations of a site senior executive. (10) The coal mine operator is taken to discharge the obligation mentioned in section 41(1)(d) for the period of an appointment under subsection (2). 58 Other appointments during absences (1) This section applies if a person— (a) is mentioned in the management structure for a coal mine documented under section 55; and (b) actively supervises coal mine workers where there is a risk to the workers; and (c) is temporarily absent from duty. (2) The site senior executive for the coal mine must appoint another competent person to perform the person's duties while the person is absent. Maximum penalty—40 penalty units. (3) This section does not apply if the person is— (a) the site senior executive for a coal mine or a separate part of a surface mine; or (b) an open-cut examiner appointed under section 59(1); or (ba) any other person appointed under subdivision 2; or (c) a person appointed under section 60(2), (4), (8), (9) or (10); or (d) a ventilation officer appointed under section 61. 59 Appointment of open-cut examiner (1) The site senior executive for a surface mine or a separate part of a surface mine must appoint a person holding both of the following board qualifications to be open-cut examiner for each surface mine excavation carried out at the mine or part of the mine— (a) an open-cut examiner's certificate of competency; (b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a). Maximum penalty—200 penalty units. (2) The coal mine operator for the surface mine or the separate part of the surface mine must ensure a person appointed by the site senior executive under subsection (1) is an employee of— (a) the coal mine operator; or (b) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine. Maximum penalty—500 penalty units. 59A Acting open-cut examiner (1) This section applies if an open-cut examiner appointed under section 59(1)— (a) vacates office; or (b) is temporarily absent from duty. (2) If subsection (1)(a) applies, the site senior executive for the surface mine or the separate part of the surface mine may appoint a person to act as open-cut examiner for the surface mine excavations mentioned in section 59(1) during the vacancy. (3) If subsection (1)(b) applies, the site senior executive for the surface mine or the separate part of the surface mine must appoint a person to act as open-cut examiner for the surface mine excavations mentioned in section 59(1) during the absence. Maximum penalty—40 penalty units. (4) The coal mine operator for the surface mine or the separate part of the surface mine must ensure a person appointed by the site senior executive under subsection (2) or (3) acts as open-cut examiner for a period of not more than 12 weeks starting on the day the open-cut examiner appointed under section 59(1)— (a) vacated office; or (b) was first temporarily absent from duty. Maximum penalty—500 penalty units. (5) However, subsection (4) does not apply if the person appointed under subsection (2) or (3) is an employee of— (a) the coal mine operator; or (b) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine. (6) The coal mine operator for the surface mine or the separate part of the surface mine must ensure a person appointed under subsection (2) or (3) holds both of the following board qualifications— (a) an open-cut examiner's certificate of competency; (b) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in paragraph (a).