Coal Mine Health and Safety Act 2002 No 129
Historical version for 22 December 2006 to 3 July 2007 (accessed 19 December 2014 at 06:32) Current version
Schedule 3

Schedule 3 Savings, transitional and other provisions

(Section 225)

Part 1 General

1   Regulations

(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

this Act

(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 Provisions consequent on the enactment of this Act

Division 1 Interpretation

2   Definitions

In this Part:

former Act means the Coal Mines Regulation Act 1982.

former Board means the Coal Mining Qualifications Board established by the former Act.

Division 2 Dissolution of Courts of Coal Mines Regulation

3   Dissolution of Courts of Coal Mines Regulation

Any Court of Coal Mines Regulation is dissolved.

4   Court may continue hearing part heard matter

Despite clause 3, if a Court of Coal Mines Regulation constituted under the former Act was, immediately before the repeal of the former Act, hearing a matter that had not been finally determined, the Court is to continue to be constituted and to hear the matter as if the former Act had not been repealed until that matter is finally determined.

Division 3 Dissolution of former Board

5   Dissolution of former Board

The former Board is dissolved.

6   Members of former Board

(1)  A person who, immediately before the repeal of the former Act, held office as a member of the former Board:
(a)  ceases to hold office as such on that repeal, and
(b)  is eligible (if otherwise qualified) to be appointed as a member of the Board constituted under this Act.
(2)  A person who ceases to hold office as a member of the former Board because of the operation of this Act is not entitled to be paid any remuneration or compensation because of ceasing to hold that office.

Division 4 Phasing-in of plans and systems

7   Phasing-in of plans and systems

Without limiting clause 1, the regulations may make provision for plans, systems or other arrangements developed under the former Act and in force or effect immediately before the repeal of the former Act to be acceptable as fulfilling any requirement imposed by or under this Act for the duration of any phasing-in period prescribed by the regulations.

Division 5 Certificates, directions, approvals and instruments under former Act

8   Certificates of competency saved

On and from the repeal of the former Act, a certificate of competency granted under section 19 of the former Act in relation to a position is taken to have been granted under section 136 of this Act in relation to the functions ordinarily required to be exercised by the holder of that position.

9   Saving of prohibitions, restrictions, requirements or directions under section 63 or 63A of former Act

A prohibition, restriction, requirement or direction in force or in effect under section 63 or 63A of the former Act immediately before the repeal of the former Act, or a court order requiring a person to comply with such a prohibition, restriction, requirement or direction, continues to have effect as if section 63 or 63A had not been repealed but ceases to have effect if revoked by the Chief Inspector.

10   Saving of approvals under section 126 of former Act

An approval under section 126 of the former Act that was in force immediately before the repeal of the former Act is taken to be an approval under section 100 of this Act.

11   Saving of approvals under section 138 of former Act

Subject to the regulations, an approval under section 138 of the former Act that was in force immediately before the repeal of the former Act continues in force as if section 138 and the regulations made under that section had not been repealed. A failure to comply with the conditions of an approval is an offence against Division 2 of Part 6 of this Act.

12   Saving of directions under section 139 of former Act

Subject to the regulations, a direction made under section 139 (2) or (3) of the former Act that was in force immediately before the repeal of the former Act is taken to be a direction under section 86 or 87 of this Act, respectively.

13   Saving of approvals under section 139 of former Act

Subject to the regulations, an approval under section 139 (6) of the former Act that was in force immediately before the repeal of the former Act is taken to be an approval under section 89 of this Act.

14   Saving of notifications under section 143 of former Act

A notification given under section 143 of the former Act in relation to a drilling operation is taken to be notice given under section 78 of this Act.

15   Saving of tourist and educational permits

A permit issued under section 148 of the former Act that was in force immediately before the repeal of the former Act is taken to be a permit under section 107 of this Act.

16   Saving of instruments creating exemptions

An instrument made under section 174 (5) of the former Act and in force immediately before the repeal of the former Act that disapplied any provision of the regulations made under the former Act is taken to be a regulation made under section 201 of this Act creating an exemption from the corresponding provisions of the regulations made under this Act but ceases to have effect if revoked by the Chief Inspector.

Division 6 Holders of positions in management structure

17   Holders of positions in management structure

Without limiting clause 1, the regulations may make provision for a person who held a position in the management of a mine immediately before the repeal of the former Act to be taken to hold a prescribed position in the management structure of a coal operation under this Act.

Division 7 References

18   References to former Act

On and from the commencement of this clause, a reference in any other Act, in any instrument made under another Act, or in any document of any kind, to the former Act is to be read as a reference to this Act.

19   References to Chief Inspector of coal mines

On and from the commencement of this clause, a reference in any other Act, in any instrument made under another Act, or in any document of any kind, to the Chief Inspector of coal mines appointed under the former Act is to be read as a reference to the Chief Inspector within the meaning of this Act.

Division 8 Notification of events

20   Place of accident or occurrence not to be disturbed

Section 90 of the former Act continues to apply for 3 days after the repeal of the former Act as if it had not been repealed.

21   Notification of certain events and other matters

Part 7 extends to an event that occurred in the 2 days before the commencement of the Part.

Division 9 Boards of Inquiry

22   Boards of Inquiry continue

A Board of Inquiry constituted under the former Act and active immediately before the repeal of the former Act continues under this Act as if it were constituted under this Act and may continue any special inquiry under that Act as if the Act had not been repealed. In particular, section 94B of the former Act continues to apply to such a special inquiry as if it had not been repealed.

Division 10 Office holders

23   District check inspectors

A person who held office under the former Act as a district check inspector immediately before the repeal of the former Act is taken to have been appointed as an industry check inspector under this Act.

24   Local check inspectors

A person who held office under the former Act as a check inspector for a mine immediately before the repeal of the former Act is taken to have been appointed as a site check inspector under this Act for the coal operation that includes that mine. His or her term of office is taken to have commenced when he or she was elected.

25   Electrical check inspectors

A person who held office under the former Act as an electrical check inspector for a mine immediately before the repeal of the former Act is taken to have been appointed as an electrical check inspector under this Act for the coal operation that includes the mine. His or her term of office is taken to have commenced when he or she was elected.

Division 11 Miscellaneous

26   Operation of Part

The operation of this Part is subject to the regulations.
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