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

Mining and Quarrying Safety and Health Act 1999 An Act to regulate the operation of mines, other than coal mines, to protect the safety and health of persons at mines and persons who may be affected by operations, and for other purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Mining and Quarrying 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 mines, other than coal mines, and to 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 mine; and (b) everyone who may affect the safety or health of persons as a result of operations; and (c) a person whose safety or health may be affected while at a mine or as a result of 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 mines and persons who may be affected by operations; and (b) to require that the risk of injury or illness to any person resulting from operations is 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 mines or who may affect the safety or health of others at mines; and (b) providing for safety and health management systems at mines to manage risk effectively; and (c) making regulations and guidelines for the mining industry to require and promote risk management and control; and (d) establishing a safety and health advisory committee to allow the mining industry to participate in developing strategies for improving safety and health; and (e) providing for safety and health representatives and committees to represent the safety and health interests of workers; and (f) providing for inspectors and other officers to monitor the effectiveness of risk management and control at mines, and to take appropriate action to ensure adequate risk management; and (g) providing a way for the competencies of persons at mines to be assessed and recognised; and (h) requiring management structures so that persons may competently supervise the safe operation of mines; and (i) providing for appropriate emergency preparedness; and (j) providing for the health assessment and health surveillance of persons who are, will be or have been workers. Division 4 Interpretation Subdivision 1 Dictionary 8 Definitions—the dictionary The dictionary in schedule 2 defines particular words used in this Act. Subdivision 2 Other important terms 9 Meaning of mine (1) A mine is any of the following places— (a) a place where operations are carried on, continuously or from time to time, within the boundaries of land the subject of a mining tenure; (b) a place where operations 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 operations 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 mine while works are done to secure it after its abandonment; (e) a place where tourism, education or research related to mining happens that is declared under a regulation to be a mine; (f) a quarry; (g) a place that was a mine, or part of a mine, while— (i) operations 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 mine includes buildings for administration, accommodation and associated facilities at a place mentioned in subsection (1) or adjoining or adjacent to the place. (3) Despite subsection (1)(d), a place that was a mine is not a 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. (4) A mine does not include a mine or part of a mine declared under a regulation to be a mine or part of a mine to which this Act does not apply. Note— If a declaration is made, the Work Health and Safety Act 2011 applies to the place because schedule 1, part 2, division 1, section 2(1)(b) of that Act would not apply. 10 Meaning of operations (1) Operations are activities carried on principally for, or in connection with, exploring for, winning or treating, minerals or hard rock and include the following— (a) extracting, loading, transporting, crushing, concentrating, storing, smelting, electrowinning, leaching and processing of minerals or hard rock; (b) disposing of mineral or waste products in connection with winning, extracting or processing minerals or hard rock; (c) constructing, erecting, maintaining or demolishing of any dam, excavation, building, plant, machinery or equipment that is required for winning or treating minerals or hard rock or the disposal of mineral or waste products; (d) rehabilitating of a place after operations. (2) The following are not operations— (a) winning clay for and manufacture of bricks and other ceramics; (b) airborne geophysical surveys; (c) fossicking; (d) smelting, refining, stockpiling and processing operations on land that— (i) are not adjoining or adjacent to mines where minerals or hard rock are excavated; or (ii) are adjoining or adjacent to, but are not an integral part of, mines where minerals or hard rock are excavated; (e) transport to and from a mine on public roads or public railways or within a pipeline; (f) air transport to and from a mine; (g) pastoral activities; (h) underground gasification activities on land the subject of— (i) a mineral development licence or mining lease for activities relating to mineral (f); or (ii) an exploration permit if the chief inspector has made a declaration under section 47A; (i) an operation exempted by regulation. 11 Meaning of quarry (1) A quarry is a place on land where operations are carried on, continuously or from time to time, to produce construction or road building material. Examples of construction or road building material— aggregates, road base, manufactured sand, rail ballast, armour rock, landscaping products (2) However, a place on land where operations are carried on, continuously or from time to time, to produce construction or road building material is not a quarry if the operations are carried on— (a) to produce construction or road building material substantially for use at a construction site at the place, or that adjoins or is adjacent to the place; or (b) to excavate building foundations as part of construction work; or (c) to extract, but not crush or shape— (i) any type of gravel; or Examples of gravel— road gravel or river gravel (ii) river sand; or (d) to redevelop the place as a place for any of the following— (i) housing; (ii) a shopping complex; (iii) an industrial estate; (iv) a recreation area; (v) a landfill site. (3) In this section— construction site means a place on land where construction work is performed. construction work see the Work Health and Safety Regulation 2011. 12 Meaning of safety and health A person's safety and health is the person's safety and health to the extent it is or may be affected by operations or other activities at a mine. 13 Meaning of competence Competence for a task at a mine is the demonstrated skill and knowledge required to carry out the task to a standard necessary for the safety and health of persons. 14 Meaning of consultation Consultation with workers is discussion between the site senior executive or supervisors and affected workers about a matter with the aim of reaching agreement about the matter. 15 Meaning of standard work instruction A standard work instruction at a mine is a documented way of working at the mine to achieve an acceptable level of risk, developed after consultation with workers. 16 Meaning of accident An accident at a mine is an event, or a series of events, at the mine causing injury to a person. 17 Meaning of serious accident A serious accident at a mine is an accident at a mine that causes— (a) the death of a person; or (b) a person to be admitted to a hospital as an inpatient for treatment for the injury. 18 Meaning of high potential incident A high potential incident at a 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. 19 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. 20 Meaning of hazard Hazard means a thing or a situation with potential to cause injury or illness to a person. 21 Meaning of operator (1) An operator for a mine is— (a) for a mine where there is a holder— (i) the holder; or (ii) if another person has been appointed as the operator under section 48 and the appointment is notified to an inspector for the region under section 46, the other person; or (b) for a mine mentioned in section 9(1)(d), (f) or (g), where there is not a holder, the person in control of the mine; or (c) for a mine mentioned in section 9(1)(e), the person in control of the mine. (2) If— (a) another person mentioned in subsection (1)(a)(ii) is appointed as the operator for a separate part of a mine; and (b) the appointment is notified to an inspector for the region under section 46; the person's responsibilities and safety and health obligations under this Act as operator for a mine are limited to the separate part of the mine. (3) If— (a) 1 or more persons are appointed as operators for separate parts of a mine; and (b) the appointments are notified to an inspector for the region under section 46; the holder's responsibilities and safety and health obligations under this Act as an operator for the mine are limited to the part of the mine to which the appointments do not apply. (4) For this section, a part of a mine is taken to be a separate part of a mine only if— (a) the part is geographically separated from the rest of the mine; and (b) there is no physical overlapping of operations between the part and the operations in another part of the mine; and (c) the part is managed as a separate operation; and (d) the part is substantially self-contained. (5) A person may be appointed operator for more than 1 mine or separate part of a mine. 22 Meaning of site senior executive (1) The site senior executive for a mine is the most senior officer employed or otherwise engaged by the operator for the mine who— (a) is located at or near the mine; and (b) has responsibility for the mine. (2) Subsection (1)(a) does not require an officer with responsibility for exploration activities under a prospecting permit, an exploration permit or mineral development licence to be located at or near the mine. (3) If the officer only has responsibility for a separate part of a mine, the officer's responsibilities and safety and health obligations under this Act as a site senior executive for a mine are limited to the separate part of the mine for which the officer has responsibility. 23 Meaning of supervisor A supervisor at a mine is a person appointed under section 51 to— (a) implement and monitor the mine's safety and health management system; and (b) give directions to other mine workers at the mine in accordance with the safety and health management system. 24 Meaning of district workers' representative A district workers' representative is a person who is appointed under section 108 to represent workers on safety and health matters and who performs the functions and exercises the powers of a district workers' representative mentioned in part 8, division 2. 25 Meaning of site safety and health representative A site safety and health representative, for a mine, is a worker selected or elected under section 84 by workers at the mine to perform the functions and exercise the powers of a site safety and health representative mentioned in part 7, division 2. Part 2 Basic concepts Division 1 Control and management of risk 26 What is an acceptable level of risk (1) For risk to a person from 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. 27 Risk management (1) Risk is effectively managed when all persons individually and as part of their respective workgroups and organisations, take action to keep risk at an acceptable level. (2) In particular, effective risk management is achieved when persons apply risk management procedures and practices that are appropriate for the nature of the risk, operation or task being performed. (3) Risk management is the systematic application of policies, procedures and practices 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 retained residual risk. 28 What happens if the level of risk is unacceptable (1) If there is an unacceptable level of risk to persons at a 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 operator for the mine, the site senior executive for the mine, district workers' representatives, site safety and health representatives, workers, inspectors or inspection officers. Division 2 Cooperation 29 Cooperation to achieve objects of Act (1) This Act seeks to achieve cooperation between operators, site senior executives and 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 mining safety and health advisory committee under part 6; and (ii) the appointment of district workers' representatives under part 8; and (b) at mine level by— (i) the selection or election of site safety and health representatives and the establishment of site safety and health committees under part 7; and (ii) the process of involving workers in the management of risk. Part 3 Safety and health obligations Division 1 Preliminary 30 Obligations for safety and health (1) Workers or other persons at mines or persons who may affect safety and health at mines or as a result of 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) holder; (b) operator; (c) site senior executive; (d) contractor; (e) designer, manufacturer, importer and supplier of plant for use at a mine; (f) erector and installer of plant at a mine; (g) designer, constructor or erector of earthworks at a mine; (h) manufacturer, importer and supplier of substances for use at a 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). 31 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. 32 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 an operator, contractor and supplier of plant at the same time for a single mine and be subject to obligations in each of the capacities. 33 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 other person's safety and health obligations under this Act. 34 How obligation can be discharged if regulation or guideline 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 that the prohibition is not contravened. (3) Subject to subsections (1) and (2), if a guideline 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. Note— For this section and the following section, see defences provided for under division 4. 35 How obligations can be discharged if no regulation or guideline made (1) This section applies if there is no regulation or guideline 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 36 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 mine or as a result of operations at a mine— (a) a worker at the mine; (b) another person at the mine; (c) an ROC worker for the mine; (d) another person not located at the 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. 36A Additional obligations (1) This section applies to each of the following persons— (a) a worker at a mine; (b) another person at a mine; (c) an ROC worker for a mine. (2) The person has the following additional obligations— (a) to manage the risk of injury or illness to themself or any other person in the person's own work and activities, so that the risk is at an acceptable level; (b) to ensure, to the extent of the responsibilities and duties allocated to the person, that the risk of injury or illness to any person is managed in the work and activities under the person's control, supervision, or leadership, so that the risk is at an acceptable level; (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 operator or site senior executive for the mine or a supervisor at the mine; (e) to work at or for the mine only if the person is in a fit condition to carry out the work without affecting the safety and health of others; (f) to not do anything wilfully or recklessly that might adversely affect the safety and health of someone else at the mine. Division 3 Obligations of holders, operators, site senior executives and others 37 Obligations of holders (1) This section applies if the holder proposes to appoint under section 48 another person as the operator for a mine. (2) The holder must— (a) for a mine that is required, under this division, to have a safety and health management system— (i) inform the proposed operator, by notice, of all relevant information available to the holder that may help the proposed operator to ensure the site senior executive for the mine develops and implements a safety and health management system for the mine; and (ii) include in the contract with the operator an obligation on the operator to establish a safety and health management system for the mine; or (b) for a mine that is not required, under this division, to have a safety and health management system—inform the proposed operator, by notice, of all relevant information available to the holder about known, or potential, hazards at the mine. Maximum penalty—100 penalty units. (3) A contract under subsection (2)(a)(ii) must be in writing. 38 Obligations of operators (1) An operator for a mine has the following obligations— (a) to ensure the risk to workers while at the operator's mine is at an acceptable level, including, for example, by— (i) providing a safe place of work and safe plant; and (ii) maintaining 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 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 ensure the site senior executive, or acting site senior executive, for the mine is located at or near the mine when performing the duties of 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 audit and review the effectiveness and implementation of the safety and health management system to ensure the risk to persons from operations is at an acceptable level; (g) to provide adequate resources to ensure the effectiveness and implementation of the safety and health management system. (2) Without limiting subsection (1), an operator has an obligation not to operate a mine without a safety and health management system for the mine. (3) Subsection (1)(d) to (g) and subsection (2) do not apply to an operator of a mine that is an opal or gem mine, if no more than 4 workers are employed at the mine. (4) However, a regulation may specify an opal or gem mine mentioned in subsection (3) to be a mine to which subsection (1)(d) to (g) and subsection (2) apply because of the size, nature or complexity of the mine's operations. 39 Obligations of site senior executive for mine (1) A site senior executive for a mine has the following obligations in relation to the safety and health of persons who may be affected by operations— (a) to ensure the risk to persons from 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 40(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 worker at the mine, or 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 operations; and (ii) the carrying out of critical work at the mine that requires particular technical competencies; and (iii) adequate supervision and control of 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. (2) Subsection (1)(c), (d), (e) and (g)(i) does not apply to a site senior executive of a mine that is an opal or gem mine, if no more than 4 workers are employed at the mine. (3) However, a regulation may specify an opal or gem mine mentioned in subsection (2) to be a mine to which subsection (1)(c), (d), (e) and (g)(i) applies because of the size, nature or complexity of the mine's operations. 40 Obligations of contractors (1) A contractor for a 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 worker engaged by the contractor, or a 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) Subsection (1)(b), (d) and (e)(i) does not apply if the mine is not required to have a safety and health management system. (3) 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. 41 Obligations of designers, manufacturers, importers and suppliers of plant etc. for use at mines (1) A designer or importer of plant for use at a 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 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 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 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 operator or contractor to whom the designer, manufacturer, importer or supplier has supplied the plant; and (iv) the steps taken to notify the 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 an operator for a mine or to a contractor for use at a 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 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. 42 Obligations of erectors and installers of plant An erector or installer of plant at a 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. 42A Obligations of designers, constructors and erectors of earthworks (1) A designer of earthworks at a 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 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. 43 Obligations of manufacturers, importers and suppliers of substances for use at mines (1) A manufacturer or importer of a substance for use at a 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 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 operator or contractor to whom the manufacturer, importer or supplier has supplied the substance; and (iv) the steps taken to notify the 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 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 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 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. 44 [Repealed] Division 3A Obligations of officers of corporations 44A 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 operations at a 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 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 the operator for a mine, verifying the provision and use of the resources and processes to ensure the operator complies with the requirement under section 38(1)(f) (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 mine. Division 4 Defences 45 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 guideline 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 prescribes or no guideline 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 31 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 31. (4) In this section, a reference to a guideline is a reference to the guideline in force at the time of the contravention. Part 3A Industrial manslaughter 45A Definitions for part (1) In this part— conduct means an act or omission to perform an act. employer, for a mine, means— (a) a person who employs or otherwise engages a worker for the mine; or (b) a person who arranges for a worker to work for the mine, including, for example, a labour hire agency; or (c) the operator for the mine; or (d) a holder for the 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 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. 45B Exception for the Criminal Code , s 23 The Criminal Code, section 23 does not apply in relation to an offence against this part. 45C Industrial manslaughter—employer (1) An employer for a mine commits an offence if— (a) a worker— (i) dies in the course of carrying out work at the mine; or (ii) is injured in the course of carrying out work at the mine and later dies; and (b) the employer's conduct causes the death of the worker; and (c) the employer is negligent about causing the death of the 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 240 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. 45D Industrial manslaughter—senior officer (1) A senior officer of an employer for a mine commits an offence if— (a) a worker— (i) dies in the course of carrying out work at the mine; or (ii) is injured in the course of carrying out work at the mine and later dies; and (b) the senior officer's conduct causes the death of the worker; and (c) the senior officer is negligent about causing the death of the 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 mines Division 1 Notices about mines 46 Notices by holder (1) If a holder appoints an operator, the holder must, for each mine or part of a mine for which the operator is appointed, give an inspector for the region in which the mine is situated written notice of— (a) the name and address of the operator; and (b) the name of, and a description of the land (including its boundary) comprising, the mine or part of the mine. Maximum penalty—40 penalty units. (2) Notice must be given within 14 days of the appointment. (3) The holder must not change the operator for a mine without first giving an inspector for the region in which the mine is situated written notice. Maximum penalty for subsection (3)—40 penalty units. 47 Notices by operator (1) The operator for a mine must give an inspector for the region in which the mine is situated— (a) if there is not a holder for the mine, notice of— (i) the operator's name and address; and (ii) the name of, and a description of the land (including its boundary) comprising, the mine or part of the mine; and (b) a facility description for the mine— (i) if the mine is an existing mine—at least 2 months before a significant change to the operations of the mine unless, after the change, less than the number of persons prescribed under a regulation are to be employed at the mine; or (ii) if the mine is not an existing mine but it is intended that operations are to start and more than the number of persons prescribed under a regulation are to be employed at the mine—at least 2 months before operations start. Maximum penalty—40 penalty units. (2) For subsection (1)(b), the facility description must include enough information to decide the risk management measures that will be necessary for an effective safety and health management system. (3) Before operations start, the operator must give an inspector for the region in which the mine is situated notice of the day operations are to start. Maximum penalty—40 penalty units. (4) Also, the operator must, within 7 days after the appointment, give an inspector for the region in which the mine is situated notice of the following appointments including the name and address of the person appointed— (a) the appointment of a site senior executive; (b) an appointment under section 52. Maximum penalty—40 penalty units. (5) When land is added to or omitted from a mine, the operator must, within 1 month after the addition or omission, give to an 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. (6) If operations permanently stop at the mine, the operator must, within 28 days after the operations permanently stop, give an inspector for the region in which the mine is situated notice of the date on which the operations permanently stopped. Maximum penalty—100 penalty units. 47A Notice about underground gasification activities (1) This section applies if the site senior executive for a mine gives the chief inspector notice that particular exploration activities at the mine 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 mines 48 Appointment of operator (1) The holder for a mine may appoint a person as the operator for the mine or a separate part of a mine. (2) An appointment of a person as operator for a part of a mine that is not a separate part of a mine is ineffective. 49 Appointment of site senior executive (1) An operator for a mine or for a separate part of a mine must not appoint more than 1 site senior executive for the mine or for the part for which the person is operator. Maximum penalty—500 penalty units. (2) An operator must not appoint a person to be site senior executive for more than 1 mine. Maximum penalty—500 penalty units. (3) However, a person may be appointed to be site senior executive for more than 1 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 operations for winning or treating minerals or hard rock 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; or (e) not more than 10 workers are employed at each mine. (4) If more than 10 workers are employed at a mine or the mine is prescribed by regulation to be a mine to which this subsection applies, an operator for the mine must not appoint a person to be site senior executive for the mine, or a separate part of the mine, unless the person holds both of the following board qualifications— (a) a site senior executive notice; (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) A regulation may prescribe a mine to be a mine to which subsection (4) applies because of the size, nature or complexities of the mine's operations. (6) In this section— appoint includes employ and purport to appoint. 50 Management structure for safe operations at mines (1) The site senior executive must— (a) develop and maintain a management structure for the 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— (a) state the responsibilities of the site senior executive; and (b) state the responsibilities and competencies required for senior positions in the structure; and (c) state the names of the persons holding the senior positions and their competencies; and (d) state the name of the person who is responsible for establishing and implementing a system for managing contractors at the mine; and (e) provide for a competent person to perform the duties of a supervisor while the supervisor is absent. 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. 51 Appointment of supervisors The site senior executive for a mine must not appoint a person to be a supervisor at the mine 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. 52 Acting site senior executive (1) If the site senior executive is temporarily absent from duty for more than 14 days, the 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. 53 Additional requirements for management of underground mines (1) The site senior executive must appoint a person to be underground mine manager to control and manage an underground mine. Maximum penalty—400 penalty units. (2) However, the site senior executive may be appointed underground mine manager by the operator for the mine. (3) If 20 or more persons work underground in a mine— (a) the site senior executive must not appoint a person as an underground mine manager unless the person has both of the following board qualifications— (i) a first class certificate of competency for an underground mine; (ii) the practising certificate required by the board of examiners to be held by a person holding the board qualification mentioned in subparagraph (i); and (b) the operator must not appoint the site senior executive as underground mine manager unless the site senior executive holds both of the following board qualifications— (i) a first class certificate of competency for an underground mine; (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—400 penalty units. (4) The 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. (5) As soon as practicable after appointing an underground mine manager, the operator or site senior executive must give an inspector for the region in which an underground mine is situated notice of the appointment. Maximum penalty—40 penalty units. 54 Acting underground mine manager (1) If the underground mine manager is temporarily absent from duty for more than 14 days, the operator or the site senior executive for the mine must appoint, in writing, a person to act as underground mine manager during the absence. Maximum penalty—100 penalty units. (2) To remove doubt, section 53(2) to (5) applies to an appointment under subsection (1). (3) The person acting as the underground mine manager is subject to all of the obligations of an underground mine manager. 54A Appointment of ventilation officer (1) This section applies to an underground mine. (2) The site senior executive for the mine must appoint a person as the ventilation officer for the mine. Maximum penalty—200 penalty units. (3) The site senior executive must not appoint a person as the ventilation officer for the mine unless— (a) if more than 10 persons but not more than 20 persons work underground in the mine or the mine is prescribed by regulation to be a mine to which this paragraph applies—the site senior executive is satisfied the person is competent to perform the duties of the ventilation officer for the mine; or (b) if more than 20 persons work underground in the mine or the mine is prescribed by regulation to be a mine to which this paragraph applies—the person has competencies recognised by the committee as appropriate for the duties and responsibilities of the position. Maximum penalty—200 penalty units. (4) A regulation may prescribe an underground mine to be a mine to which subsection (3)(a) or (b) applies because of the size, nature or complexities of the mine's operations. (5) The ventilation officer for the mine is responsible for— (a) the implementation of the mine's ventilation system; and (b) the establishment of effective standards of ventilation for the mine. (6) The 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 the ventilation officer at the mines. Maximum penalty for subsection (6)—200 penalty units. 54B Absence of ventilation officer (1) This section applies if the ventilation officer appointed under section 54A for an underground mine is temporarily absent from duty. (2) If the absence is for not more than 14 days, the duties and responsibilities of the ventilation officer are taken to be assumed by the underground mine manager during the absence. (3) Subsection (2) applies regardless of whether the underground mine manager satisfies any requirements that apply under section 54A(3)(a) or (b) for appointing a person as the ventilation officer for the mine. (4) An inspector may, by notice— (a) require an underground mine manager assuming the duties and responsibilities of the ventilation officer to demonstrate to the inspector's satisfaction that the manager can effectively carry out the duties and responsibilities of both the underground mine manager and the ventilation officer; and (b) if the underground mine manager can not satisfy the inspector as mentioned in paragraph (a)—require the site senior executive for the mine to appoint a person to act as the ventilation officer during the remainder of the absence. (5) If the absence is for more than 14 days or the site senior executive is given a notice under subsection (4)(b), the site senior executive for the mine must appoint a person to act as the ventilation officer during the absence. Maximum penalty—200 penalty units. (6) The site senior executive must not appoint a person under subsection (5) unless the person satisfies any requirements that apply under section 54A(3)(a) or (b) for appointing a person as the ventilation officer for the mine. Maximum penalty—200 penalty units. Division 3 Safety and health management systems 55 Safety and health management system (1) The safety and health management system, for a mine, is a single system that incorporates risk management elements and practices that ensure the safety and health of persons who may be affected by operations. (2) The safety and health management system must be a single, auditable documented system that— (a) forms part of an overall management system; and (b) includes organisational structure, planning activities, responsibilities, practices, procedures and resources for developing, implementing, maintaining and reviewing a safety and health policy. (3) The safety and health management system must provide a single, comprehensive and integrated system for the management of all aspects of risks to safety and health in relation to the operation of the mine including any remote operating centre, or the remote operation of plant or equipment, for the mine. (4) The safety and health management system for a mine must be in place before operations start at the mine. (5) The safety and health management system must be effective to achieve an acceptable level of risk by— (a) defining the operator's safety and health policy; and (b) containing a plan to implement the operator's safety and health policy; and (c) stating how the operator intends to develop the capabilities and support mechanisms necessary to achieve the policy; and (d) including procedures for the operation of the mine and standard work instructions; 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 mine is at an acceptable level; and (g) if there is a significant change to the mining operations of the mine, containing a plan to immediately review the safety and health management system so that risk to persons is at an acceptable level. (6) The site senior executive must make available for inspection, by workers employed at the mine, and ROC workers employed for the mine, a copy of the safety and health management system. Maximum penalty—100 penalty units. 56 Review of safety and health management system (1) This section applies if— (a) a safety and health management system has been developed for a new mine; or (b) it is proposed to ch