Part 4 New South Wales Mines Rescue Brigade
Division 1 Establishment, functions and composition of Brigade
33 Establishment of Mines Rescue Brigade
There is established by this Act the New South Wales Mines Rescue Brigade.
The function of the Brigade is to provide, under the control and direction of the mines rescue company, a mine rescue service for responding to, and dealing with, emergencies arising at underground coal mines in New South Wales and at other mines.
(1) The Brigade comprises all persons for the time being appointed as members of the Brigade by the mines rescue company.(2) A member of the Brigade is, when acting as such a member, to be regarded as being employed by the mines rescue company.(3) However, subsection (2):(a) does not apply for the purposes of any superannuation scheme established by the company for the benefit of its employees, and(b) applies for the purposes of payment of salary or wages only while the member of the Brigade is engaged in mine rescue work (and not while undergoing training for mine rescue purposes).
Division 2 Determination of requirements for Brigade
36 Determination of mines rescue company with respect to mine rescue personnel, equipment and storage facilities
(1) The mines rescue company must, for each underground coal mine in New South Wales, determine:(a) the number of persons employed at the mine whose services the owner of the mine must make available to the mines rescue company for mine rescue purposes, and(b) the number of items, and the kinds, of breathing apparatus and other rescue equipment that the owner must provide at the mine for use by those persons, and(c) the amount of area, and the kinds of facilities, that the owner must make available at the mine for the storage of that equipment when not in use, for training members of the Brigade and for use by those members during emergencies at the mine.(2) The mines rescue company may, from time to time, vary a determination made under this section.(3) For the purposes of this section, a determination is taken to be varied if it is revoked and replaced by another determination.
37 Compliance with determination
(1) The mines rescue company must serve a determination or variation of a determination made under this Division on the owner of the underground coal mine concerned.(2) The owner of an underground coal mine on whom a determination or variation is served must not, without reasonable excuse, refuse or fail to comply with the determination, or the determination as varied, within 28 days after service (or within such further period as the mines rescue company allows).Maximum penalty: 200 penalty units in the case of a corporation or 50 penalty units in the case of an individual.
(3) If a determination or variation requires the owner of an underground coal mine to make available the services of a specified number of persons employed at the mine, the owner must, within 14 days after the service of the determination or variation, provide the mines rescue company with a list that includes the names, addresses and any other particulars required by the mines rescue company of the persons selected for that purpose.(4) If the mines rescue company is not satisfied that the owner of an underground coal mine is complying with a determination, or a determination as varied, the mines rescue company may serve on the owner a further notice specifying what the owner has to do to comply with the mines rescue company’s requirements.(5) The owner of a mine on whom such a further notice is served must not, without reasonable excuse, refuse or fail to comply with the notice within 28 days after service (or within such further period as the mines rescue company allows).Maximum penalty: 200 penalty units in the case of a corporation or 50 penalty units in the case of an individual.
38 Modification of owner’s obligation to comply with determination
(1) The obligation imposed on the owner of an underground coal mine by section 37 (2) or (5) is modified to the extent that the mines rescue company:(a) has refused to appoint as a member of the Brigade a person whose name is included in a list provided by the owner under section 37 (3), or(b) has terminated the appointment of a member previously appointed from a list so provided.(2) That obligation is also subject to the willingness of the persons whose names are included in such a list to be appointed as members of the Brigade.
39 Right to apply for review of determination
(1) The owner of an underground coal mine on whom a determination, or a variation of a determination, made under section 36 is served may, if dissatisfied with the determination or variation, apply to the Tribunal for a review of the decision giving rise to the determination or variation.(2) If such an application is made:(a) proceedings against the applicant for an offence under section 37 (2) or (5) may not be instituted, and(b) any such pending proceedings are stayed,until the completion of the review process.
Division 3 Appointment and termination of appointment of members of Brigade
40 Appointment of members of Brigade
(1) On being provided with a list in accordance with section 37 (3), the mines rescue company must either appoint or refuse to appoint as members of the Brigade the persons whose names are included in the list.(2) The mines rescue company may also appoint any other person as a member of the Brigade.(3) However, a person is not to be appointed as a member of the Brigade without his or her consent.
41 Termination of appointment of members of Brigade
(1) The mines rescue company may terminate the appointment of a member of the Brigade at any time.(2) If the mines rescue company refuses to appoint, or terminates the appointment of, a person named in the list referred to in section 37 (3) as a member of the Brigade, it must, by notice in writing, inform the person and the owner of the underground coal mine concerned of the mines rescue company’s decision and the reason why the person was not appointed or the person’s appointment was terminated.(3) Within 14 days after being so informed, the owner of the underground coal mine concerned must provide the mines rescue company with a further list specifying the name, address and any other particulars required by the mines rescue company of another person employed by the owner to replace the person whose appointment was refused or terminated.(4) Subsection (3) applies as often as may be necessary to ensure that the owner makes available to the mines rescue company the services of the number of persons specified in the determination, or variation, served on the owner.(5) If the owner of the underground coal mine concerned does not comply with subsection (3) within the period of 14 days referred to in that subsection, the owner is taken not to have complied with the determination of the mines rescue company served on the owner under section 37, or the determination as varied.(6) For the purposes of subsection (3), the mines rescue company is taken to have terminated the appointment of a member of the Brigade (and to have informed the owner of the underground coal mine concerned of the termination in accordance with subsection (2)) on the date on which the member ceased to be employed at the mine.
42 Arbitration of dispute concerning appointment and termination of appointment of members of Brigade
(1) The mines rescue company and the owner of the underground coal mine concerned are taken to have entered into an arbitration agreement to have arbitrated under the Commercial Arbitration Act 2010 any dispute between the mines rescue company and the owner arising from a decision of the mines rescue company refusing to appoint, or terminating the appointment of, a member of the Brigade.(2) If any such dispute arises, that Act applies accordingly.
The mines rescue company is responsible for ensuring that members of the Brigade are adequately trained in:(a) the use of breathing apparatus and other mine safety equipment, and(b) mine safety procedures, and(c) the work involved in rescuing persons who may become trapped in a mine or who may otherwise need to be rescued from dangerous situations occurring at or in a mine, and(d) the procedures involved in sealing an underground coal mine and in reopening such a mine that has been sealed, and(e) such other matters as the mines rescue company considers necessary.
44 Owner must allow Brigade member to attend training and emergencies
The owner of a mine who employs a member of the Brigade must not, without reasonable excuse, refuse or fail to allow that member to attend:(a) any official training for members of the Brigade, or(b) an emergency to which the member is called to attend as such a member.Maximum penalty: 200 penalty units in the case of a corporation or 50 penalty units in the case of an individual.
45 Certain events occurring at a mine rescue station to be notified to the Chief Inspector
(1) The mines rescue company is responsible for ensuring compliance with this section.(2) If a reportable event occurs at a mine rescue station, the person in charge of the station must:(a) immediately give oral notice of the event to the Chief Inspector appointed under the Coal Mine Health and Safety Act 2002 and to the mines rescue company, and(b) within the following 24 hours send a written notice to them setting out:(i) the nature of the event, and(ii) the number and names of any persons killed or injured as a consequence of the event.(3) The person in charge of a mine rescue station:(a) must keep a record of all reportable events occurring at the station, and(b) must make the record available for inspection by the mines rescue company, or by any person designated by the mines rescue company, whenever the mines rescue company or person requests production of the record.(4) An event is a reportable event at a mine rescue station:(a) if it is an accident which causes the death of a member of the Brigade or a serious bodily injury to such a member, being an accident occurring while the member is acting as such a member and is working at or from the station, or(b) if it involves the breakdown of mine rescue equipment (such as breathing apparatus) that is in use at the station or is otherwise used by the Brigade at the station.(5) In this section, serious bodily injury means:(a) a fracture of the skull, jaw, spine, pelvis, arm, shoulder-blade, collar-bone, forearm, thigh, leg, knee-cap, ankle or ribs, or(b) a dislocation of the shoulder, elbow, hip, knee or spine, or(c) an amputation of the hand or foot or of a substantial part of the hand or foot, or(d) the serious impairment or loss of sight of an eye, or(e) an internal haemorrhage receiving hospital treatment, or(f) burns receiving treatment from a registered medical practitioner, or(g) an injury involving injection of hydraulic fluid, or(h) asphyxia.
46 Certificates and medallions
(1) When the mines rescue company is satisfied that a member of the Brigade has successfully completed a course of training in mine rescue work approved by the mines rescue company and is competent to take part in mine rescue work, the member is entitled to receive from the mines rescue company a certificate to that effect.(2) The mines rescue company must keep a register of certificates issued under this section.(3) The mines rescue company must not authorise a member of the Brigade to enter an irrespirable atmosphere in a mine when undertaking mine rescue work or mine rescue training unless the person:(a) is wearing suitable breathing apparatus, and(b) is the holder of a certificate issued under this section.(4) The mines rescue company may issue a medallion to any member of the Brigade who, in its opinion, has satisfactorily completed such period of service as such a member as the mines rescue company determines. Service as a member of a permanent rescue corps established under the Mines Rescue Act 1925 or as a member of the New South Wales Mines Rescue Brigade established under the Mines Rescue Act 1994 may be treated as service as a member of the Brigade for the purposes of this subsection.