Coal Mine Health and Safety Act 2002 No 129
Current version for 1 January 2014 to date (accessed 29 November 2014 at 02:40)
Part 5

Part 5 Duties relating to health, safety and welfare at coal operations

Note. Part 2 of the Work Health and Safety Act 2011 imposes duties relating to health, safety and welfare at work. Those duties apply to work at coal operations.

This Part imposes extra duties.

Division 1 Duties of colliery holders

17   Duty to nominate the operator of a coal operation

(1)  A colliery holder must not undertake any mining, or allow any other person to undertake any mining, at a coal operation within the colliery holding unless the colliery holder has nominated one person who is the employer with the day to day control of the coal operation as the operator of the coal operation.
Note. Because of the definition of mine (as a verb), this obligation applies to coal mines and preparation plants but not coal exploration sites.
(2)  A nomination must be made in writing to the Chief Inspector.
(3)  A colliery holder may nominate himself, herself or itself as the operator of a coal operation in the colliery holding.
(4)  If there is more than one separate and distinct coal operation within a colliery holding, the colliery holder may nominate the person who is the employer with the day to day control of each coal operation within the colliery holding.
(5)  A nomination under this section must be in the form prescribed by the regulations.
(5A)  The Chief Inspector may require a colliery holder to provide further information concerning a nomination.
(6)  The Chief Inspector must tell the colliery holder who made the nomination if the nomination has been rejected. This must be done within 28 days of receiving the nomination or within any further time specified by the Chief Inspector when the Chief Inspector requests further information under subsection (5A).
(7)  The Chief Inspector may reject a nomination under this section:
(a)  if the Chief Inspector believes that the nominated operator is not the employer with the day to day control of the coal operation, or
(b)  if more than one nominated operator is nominated and the Chief Inspector believes:
(i)  that allowing the number of persons nominated to be operators would be detrimental to the safety of one or more coal operations, or
(ii)  that the different parts of the colliery holding nominated under subsection (4) are not sufficiently distinct to warrant the appointment of separate operators, or
(c)  in circumstances prescribed by the regulations.
(8)  If a nomination is rejected it is taken, on and from the time the rejection is notified to the operator, not to have been made.
(9)  If an operator whose nomination has not been rejected under this section ceases to be the employer with the day to day control of the coal operation, the colliery holder must not undertake any mining, or allow any other person to undertake any mining, at the coal operation unless the colliery holder has nominated another operator of the coal operation. This section applies to a further nomination in the same way as it applies to an initial nomination.
(10)  This section does not require a colliery holder to nominate an operator if a previous colliery holder of the colliery holding nominated an operator other than himself, herself or itself and that nomination was accepted.
(11)  The regulations may provide for when a person is taken to cease to be the employer with the day to day control of a mine for the purposes of this section.
(12)  Subject to the regulations, the fact that an operator was not, when nominated as the operator under this section, the employer with the day to day control of the mine concerned does not affect the operator’s obligations under this Act.
(13)  Subject to the regulations, the fact that an operator has ceased to be the employer with the day to day control of the mine does not affect the operator’s obligations under this Act.

18   Colliery holder must give operator health and safety information

(1)  If a colliery holder nominates a person other than himself, herself or itself as the operator of a coal operation, the colliery holder must provide the person nominated with all information available to the colliery holder that may reasonably be relevant to the development and implementation of a health and safety management system for the coal operation (including any major hazard management plans that form part of that system).
(2)  The regulations may prescribe the information that must be provided under this section.

19   Penalty for offence against this Division

A colliery holder who contravenes, whether by act or omission, a provision of this Division is guilty of an offence against that provision.

Maximum penalty: 250 penalty units.

Division 2 Duties of operators of coal operations

Subdivision 1 Health and safety management systems

20   Duty of operator to prepare health and safety management system

(1)  The operator of a coal operation at which mining is carried out must prepare a statement in accordance with this Act and the regulations, stating how the health and safety of the people who work at the coal operation, or who are directly affected by the coal operation, will be protected. This is a health and safety management system.
(2)  For the purposes of this section, a person may be directly affected by a coal operation even if the person is not inside the coal operation.
(3)  The regulations may specify which people are directly affected by a coal operation for the purposes of this Subdivision.
(4)  This section does not require an operator to prepare a mine safety management plan for a mine if:
(a)  a previous operator of the mine prepared a plan that complies with this Act and the regulations, and
(b)  the plan is adopted by the subsequent operator.

21   No mining without health and safety management system

The operator of a coal operation must ensure that mining is not carried out by any person at the coal operation unless a health and safety management system that complies with this Act and the regulations is implemented for the coal operation.
Note. Because of the definition of mine (as a verb), this Subdivision applies to coal mines and preparation plants but not coal exploration sites.

22   Duty of operator to ensure compliance with health and safety management system

The operator of a coal operation must ensure that mining at the coal operation is carried out in compliance with the health and safety management system for the coal operation. This includes activities undertaken by contractors who undertake work at the coal operation.

23   Contents of health and safety management system

(1)  The purpose of a health and safety management system must be to provide the primary means by which an operator ensures the health, safety and welfare of employees and others at a coal operation and of people directly affected by a coal operation, including people who are not at the coal operation.
(2)  A health and safety management system for a coal operation must provide:
(a)  the basis for the identification of hazards, and of the assessment of risks arising from those hazards, by the operator of the coal operation, and
(b)  for the development of controls for those risks, and
(c)  for the reliable implementation of those controls.
(3)  A health and safety management system must include:
(a)  system elements (which must include, but are not limited to, health and safety policy, risk management, training and competence, information control and system evaluation), and
(b)  any major hazard management plans required for the coal operation under Subdivision 2, and
(c)  the management structure of the coal operation required under Subdivision 3, and
(d)  any contractor management plan required for the coal operation under Subdivision 4, and
(e)  any other matter prescribed by the regulations.
(4)  The regulations may require a health and safety management system to be consistent with any management system standard specified in the regulations.
(5)  The regulations may specify matters that do not need to be included in a health and safety management system.

24   Consultation

The people who work at the coal operation must be consulted, in the manner required by the regulations, during the preparation of the health and safety management system and before its amendment.

25   Information to be supplied to Chief Inspector and industry check inspector

(1)  Information relating to the health and safety management system for a coal operation must be supplied by the operator of the coal operation to the Chief Inspector and an industry check inspector.
(2)  The regulations may specify:
(a)  the form and content of information to be supplied, which may include, but is not limited to, the elements of the health and safety management system to be supplied, and
(b)  whether any summary of the health and safety management system is to be supplied and, if so, what summary.

26   Chief Inspector may object

(1)  The Chief Inspector may object to a health and safety management system if he or she forms the view:
(a)  that the health and safety management system does not comply with the requirements of this Act or the regulations, or
(b)  that there was insufficient or inadequate consultation in the preparation of the health and safety management system, or
(c)  that the health and safety management system is insufficient to protect the health and safety of those who work at the coal operation or those affected by the coal operation.
(2)  If the Chief Inspector has an objection to a health and safety management system for a coal operation, the Chief Inspector must notify the operator of the coal operation in writing of the objection. The health and safety management system must not be implemented until the objection has been resolved.
(3)  If the Chief Inspector notifies an operator of an objection, the operator must revise the health and safety management system, taking into account any matters raised in the objection, and submit it to the Chief Inspector within the time prescribed by the regulations.
(4)  If the Chief Inspector has not notified the operator of an objection within 21 days after receiving information concerning the system, or within any other period prescribed by the regulations, the operator may implement a health and safety management system. The system may not be implemented before that period ends.

27   Industry check inspector may object

(1)  An industry check inspector may raise objections with the Chief Inspector regarding the content of a health and safety management system.
(2)  The Chief Inspector must have regard to any objection raised under this section.
(3)  Nothing in this section prevents an industry check inspector from raising matters concerning the content of a health and safety management system for a coal operation directly with the operator of the coal operation.

28   Health and safety management system must be reviewed

(1)  The operator of a coal operation at which mining is carried out must regularly review the health and safety management system for the coal operation, including any major hazard management plans, the management structure and any contractor management plan. That review must occur at least once every 3 years.
(2)  In addition to that regular review, an operator must immediately review the health and safety management system:
(a)  as at 12 months after the commencement of mining at the coal operation, or
(b)  if there is a fatality at or arising directly from the coal operation, or
(c)  if there is a dangerous incident at the coal operation that could reasonably have been expected to result in a fatality, or
(d)  if there is a significant change in operations that may affect health and safety, or
(e)  if required to do so by the Chief Inspector in writing, or
(f)  if required to do so by the regulations.
(3)  A review under subsection (2) is required to consider only the relevant parts of the health and safety management system.
(4)  The people who work at the coal operation must be consulted, in the manner prescribed by the regulations, as part of the review.
(5)  A review must be completed within 6 months after it is required by this section.

29   Amendment of health and safety management system

(1)  If a health and safety management system for a coal operation is amended after it is in operation, information concerning the amended system must, if the regulations require it, be sent by the operator of the coal operation to the Chief Inspector and an industry check inspector before the proposed commencement of the amendment.
(2)  Sections 23, 24 and 25 apply to an amendment to a health and safety management system in the same way as they apply to a health and safety management system.
(3)  If the Chief Inspector is of the view:
(a)  that the amended health and safety management system does not comply with the requirements of this Act or the regulations, or
(b)  that there was insufficient or inadequate consultation concerning the amendment of the health and safety management system, or
(c)  that the amended health and safety management system is insufficient to protect the health and safety of those at the coal operation or those affected by the coal operation,
the Chief Inspector may object to the amended health and safety management system.
(4)  If the Chief Inspector notifies an operator of an objection, the operator must either withdraw or revise the amendment to the health and safety management system, taking into account any matters raised in the objection, and submit it to the Chief Inspector within the time prescribed by the regulations.
(5)  The operator may implement the amended health and safety management system immediately after informing the Chief Inspector of the amendment, unless the amendment is of a kind that the regulations provide cannot be implemented during a prescribed period after informing the Chief Inspector.

30   Access to health and safety management system

(1)  An up-to-date copy of the health and safety management system for a coal operation must be kept at the on-site office of the coal operation by the operator of the coal operation and must be made available for inspection by:
(a)  a government official, or
(b)  a check inspector who is entitled to exercise functions in relation to the coal operation, or
(c)  any person who works at the coal operation.
(2)  The operator of a coal operation must immediately supply the Chief Inspector with an up-to-date copy of the health and safety management system for the coal operation if the Chief Inspector requests a copy.

31   Former operator must return information

If a person ceases to be the operator of a coal operation, that person must return to the colliery holder any information provided to the person under section 18 or otherwise obtained by the person in the course of exercising the functions of an operator prescribed by the regulations, whether or not updated by the operator. That information must be returned as soon as practicable after the person ceases to be the operator.

Subdivision 2 Major hazard management plans

32   Regulations may prescribe “major hazard”

The regulations may prescribe a hazard to people (whether or not they are at work) as a major hazard to which this Subdivision applies.

33   Minister may require other major hazards to be identified

(1)  The Minister may declare by notice published in the Gazette that the operator of a coal operation, or the operators of a class of coal operations, must undertake a specified process or processes to identify any major hazard that affects the coal operation.
(2)  A major hazard so identified is a major hazard to which this Subdivision applies.
(3)  An operator of a coal operation must not fail to comply with a requirement imposed by a declaration under this section.

34   Minister may declare operation is subject to risk of major hazard

The Minister may declare by notice in the Gazette that a coal operation, or a class of coal operations, is subject to a risk from mining from a major hazard to which this Subdivision applies.

35   Duty to prepare one or more major hazard management plans

(1)  If a risk from mining at a coal operation arises from a major hazard to which this Subdivision applies, the operator must establish and maintain a major hazard management plan for each such major hazard as a part of the health and safety management system for the coal operation.
(2)  In addition, an operator must establish a major hazard management plan for each major hazard identified by the operator in the operator’s assessment of risks arising from the coal operation carried out in the preparation or implementation of the health and safety management system for the coal operation.
(3)  A separate major hazard management plan must be prepared for each major hazard.

36   Contents of major hazard management plans

(1)  A major hazard management plan must state how the health and safety of the people who work at or are affected by the coal operation will be protected from the major hazard.
(2)  A major hazard management plan must also make provision for the matters prescribed by the regulations.
(3)  A major hazard management plan may refer to or incorporate, with or without modification, a document prepared or published by a body specified in the plan, as in force at a particular time or from time to time.

Subdivision 3 Management structure

37   Operator must prepare management structure

(1)  As part of the health and safety management system for a coal operation, the operator of the coal operation must prepare a document that sets out the management structure of the coal operation.
(2)  The management structure must nominate people within the structure by position and must outline their areas of responsibility and accountability.
(3)  The management structure for a coal operation that is a mine must include a competent person to perform the functions of the manager of mining engineering.
(4)  The management structure must include competent people with appropriate mining, electrical and mechanical engineering competence.
(5)  The management structure for an underground mine must include competent people to perform the functions of the manager of electrical engineering and the manager of mechanical engineering.
(6)  The management structure for a coal operation must include competent people to perform the functions of supervisors of the operation.
(7)  An operator must take all reasonable steps to maintain the management structure. This includes having others acting in, and the timely filling of, vacant positions in the structure.
(8)  During an emergency, the management structure of a coal operation may be suspended and a different management structure may be put into place for the duration of the emergency.

38   Register of persons occupying positions

(1)  The operator of a coal operation must keep a register at the on-site office of the coal operation containing the names of people occupying positions in the management structure for the operation.
(2)  The register must cover both current occupants of positions and occupants for the previous 5 years (including any period before the commencement of this section).
(3)  The register is to be made available for inspection on request by a government official, an industry check inspector, a site check inspector or by any person who works at the coal operation.

Subdivision 4 Duties regarding contractors

39   Operator to prepare contractor management plan

As part of the health and safety management system for a coal operation, the operator of a coal operation at which contractors are proposed to be used must prepare a contractor management plan, stating how the risks arising from the use of contractors at the coal operation will be managed.

40   Content of contractor management plan

A contractor management plan for a coal operation must make provision for the matters prescribed by the regulations.

41   Operator to ensure contractor’s familiarity with systems

The operator of a coal operation at which any contractor proposes to work must ensure, before that work commences, that consultation occurs with the contractor so that:
(a)  the contractor is familiar with the relevant parts of the health and safety management system and the contractor management plan for the coal operation, and
(b)  the contractor’s arrangements for health and safety management are consistent with the health and safety management system for the coal operation.

42   Duties of operator regarding contractors

(1)  The operator of a coal operation must ensure that each contractor who proposes to work at the coal operation provides the operator, or a person designated by the operator, with:
(a)  a written safe work method statement for the work to be carried out by the contractor, and
(b)  if section 75 applies to the contractor, a site-specific work health and safety management plan.

These must be provided before the contractor commences work at the coal operation.

(2)  A safe work method statement must:
(a)  describe how work is to be carried out, and
(b)  identify the work activities assessed as having safety and health risks, and
(c)  identify the safety and health risks, and
(d)  describe the control measures that will be applied to the work activities, and
(e)  make provision for the matters required by the regulations.
(3)  An operator must ensure:
(a)  that a contractor is directed to comply with:
(i)  the safe work method statement that the contractor has provided, and
(ii)  the requirements of this Act and the regulations, of the Work Health and Safety Act 2011 and of the regulations made under that Act, and
(b)  that the activities of a contractor are monitored to the extent necessary to determine whether or not the contractor is complying with:
(i)  the safe work method statement that the contractor has provided, and
(ii)  the requirements of this Act and the regulations, of the Work Health and Safety Act 2011 and of the regulations made under that Act, and
(c)  if the contractor is not so complying, that the contractor is directed to take action immediately to comply with the safe work method statement or the requirements of this Act and the regulations, of the Work Health and Safety Act 2011 and of the regulations made under that Act, and
(d)  that if a risk to the health or safety of a person arises because of the non-compliance, the contractor is directed to stop work immediately and not to resume work until the safe work method statement or those requirements, or both, are complied with, unless an immediate cessation of work is likely to increase the risk to health or safety, in which event the contractor must be directed to stop work as soon as it is safe to do so.
(4)  A failure by an operator to give a direction, or to ensure that a direction is given, under this section does not affect any liability of the contractor under this Act or the regulations or under the Work Health and Safety Act 2011 or the regulations made under that Act.

43   Contractor must be given copy of health and safety management system

The operator of a coal operation must ensure that a contractor does not commence work at the coal operation unless the contractor has been provided with a copy of the parts of the operator’s health and safety management system for the place of work that are relevant to the contractor.

Subdivision 5 Emergency management systems

44   Meaning of “emergency”

For the purposes of this Subdivision, an emergency exists at a coal operation when a situation is not controlled by a health and safety management system for the coal operation and there is a threat to the life or physical well-being of people at or outside the coal operation.

45   Operator must prepare emergency management system

The operator of a coal operation must ensure that an emergency management system that complies with this Subdivision is prepared for the coal operation.

46   No mining without emergency management system

The operator of a coal operation must ensure that mining is not carried out at the coal operation unless an emergency management system that complies with this Subdivision is implemented for the coal operation.
Note. Because of the definition of mine (as a verb), this Subdivision applies to coal mines and preparation plants but not coal exploration sites.

47   Contents of emergency management system

(1)  An emergency management system must contain an up-to-date plan of the coal operation and any other plan required by the regulations.
(2)  An emergency management system must adequately address, but is not limited to addressing, the following matters:
(a)  the identification of the nature of risks at a coal operation that could result in an emergency if control measures fail,
(b)  the description of the measures to be taken to prevent or limit the harmful consequences of incidents associated with each of the identified risks, including measures to identify the location of people who may be at risk,
(c)  the identification of the equipment, facilities and communication systems necessary to control or limit the consequences of those incidents and the arrangements for ensuring that they are readily available,
(d)  the description of the procedures necessary to control or limit these incidents and the competence required by people to undertake the procedures in an emergency setting,
(e)  the identification of the control structure that is to apply in the event of an emergency and the means by which that structure is to be communicated throughout the operation,
(f)  the identification of key personnel and resources (both internal and external) available to be called on in the case of an emergency,
(g)  the identification of the procedures for testing the effectiveness of the system and ensuring that all necessary equipment, facilities, systems, procedures and training are maintained,
(h)  any other matter prescribed by the regulations.

48   Consultation

The people who work at the coal operation must be consulted, in the manner prescribed by the regulations, during the preparation of the emergency management system and before its amendment.

49   Information to be supplied to Chief Inspector and industry check inspector

(1)  Information relating to the emergency management system for a coal operation must be supplied by the operator of the coal operation to the Chief Inspector and an industry check inspector before the emergency management system is implemented.
(2)  The regulations may specify:
(a)  the form and content of information to be supplied, which may include, but is not limited to, the elements of the emergency management system to be supplied, and
(b)  whether any summary of the emergency management system is to be supplied and, if so, what summary.
(3)  If an emergency management system for a coal operation is amended after it is in operation, information concerning the amended system must, if the regulations require it, be sent by the operator of the coal operation to the Chief Inspector and an industry check inspector. That information must be sent before the amendment to the emergency management system is implemented.

50   Copy to be made available

(1)  An up-to-date copy of the emergency management system for a coal operation must be kept at the on-site office of the coal operation by the operator of the coal operation and must be made available for inspection by:
(a)  a government official, or
(b)  a check inspector who is entitled to exercise functions in relation to the coal operation, or
(c)  any person who works at the coal operation.
(2)  The operator of a coal operation must immediately supply the Chief Inspector with an up-to-date copy of the emergency management system for the coal operation if the Chief Inspector requests a copy.

51   Competence and training of personnel

The operator of a coal operation must ensure that the people required to perform duties as part of the emergency management system for the coal operation are competent to carry out those duties and are given appropriate training.

52   Review

(1)  The operator of a coal operation must ensure that the emergency management system for the coal operation is reviewed:
(a)  as soon as practicable after any emergency has occurred at the coal operation, and
(b)  whenever the health and safety management system for the coal operation is reviewed.
(2)  The people who work at the coal operation must be consulted, in the manner prescribed by the regulations, during the review.
(3)  A review under this section is required only to consider the relevant parts of the emergency management system.

Subdivision 6 High risk activities

53   Meaning of “high risk activity”

(1)  The regulations may prescribe an activity as a high risk activity to which this Subdivision applies.
(2)  The regulations may provide that an activity being carried out at the time that it is prescribed as a high risk activity can continue without being subject to this Subdivision.

54   Requirement to notify high risk activities

(1)  The operator of a coal operation must ensure that a high risk activity to which this Subdivision applies is not carried out at or in relation to the coal operation unless, before the activity is commenced:
(a)  the operator has given notice of the activity to the Chief Inspector, an industry check inspector and the site check inspector for the coal operation, and
(b)  such waiting period as may be prescribed by the regulations in relation to the activity has elapsed.
(1A)  The waiting period in relation to a particular high risk activity may be varied by the Chief Inspector so long as the industry check inspector who has been notified of the activity is consulted by the Chief Inspector in relation to the variation.
(2)  Notice under this section must be given in the form prescribed by the regulations and must be accompanied by any information required by the regulations.
(3)  Notice is taken to have been given when it is received by both the Chief Inspector and an industry check inspector.

Subdivision 7 Keeping of records and reporting

55   Keeping of records by operators

The operator of a coal operation must keep the records concerning health and safety that are required by the regulations, in the manner required by the regulations and for at least the time required by the regulations.

56   Reporting by operators

The operator of a coal operation must make the reports concerning health and safety that are required by the regulations, in the manner required by the regulations.

Subdivision 8 Penalties

57   Penalty for offence against this Division

An operator or former operator of a coal operation who contravenes, whether by act or omission, a provision of this Division is guilty of an offence against that provision.

Maximum penalty:

(a)  in the case of a corporation (being a previous offender)—7,500 penalty units, or
(b)  in the case of a corporation (not being a previous offender)—5,000 penalty units, or
(c)  in the case of an individual (being a previous offender)—750 penalty units or imprisonment for 2 years, or both, or
(d)  in the case of an individual (not being a previous offender)—500 penalty units.

Subdivision 9 Saving of certain notices and directions

58   Saving of certain notices and directions

(1)  If a notice or direction is given under this Act to a person as the operator of a coal operation and that person is replaced as operator by another person, any notice or direction is taken to have been given to the new operator.
(2)  Nothing in this section affects any liability for an offence committed by a person when the person was an operator of a coal operation.

Division 3 Duties and rights of employees

59   Duties of employees

(1)  An employee who works at any coal operation must:
(a)  comply with the health and safety management system for the coal operation, and
(b)  follow the operator’s procedures for emergencies as set out in the emergency management system for the coal operation.
(2)  An employee who works at a coal operation must inform the operator of any circumstances that the employee considers may lead to a loss of control of a major hazard.
(3)  An employee who works at a coal operation must immediately report to his or her immediate supervisor any situation that the employee believes could present a risk to health and safety and that is not within the employee’s competence to control. If the employee’s supervisor is not immediately available, the employee must instead immediately report to another senior person at the coal operation.

Maximum penalty:

(a)  in the case of a previous offender—45 penalty units, or
(b)  in any other case—30 penalty units.

60   Rights of employees

An employee who works at a coal operation has the right to remove himself or herself from any location at the coal operation when circumstances arise that appear to the employee, with reasonable justification, to pose a serious danger to his or her own health, safety or welfare.

61   Unlawful dismissal or other victimisation of employee

(1)  An employer of any person who works at a coal operation must not dismiss an employee, injure an employee in his or her employment or alter an employee’s position to his or her detriment because:
(a)  the employee participates in a consultation process required by this Act or the regulations,
(b)  the employee exercises rights under this Act or the regulations,
(c)  the employee performs functions or complies with duties under this Act or the regulations or assists a government official,
(d)  the employee is a check inspector.
(2)  In proceedings for an offence against this section, if all the facts constituting the offence other than the reason for the defendant’s action are proved, the onus of proving that the dismissal, injury or alteration was not actuated by the reason alleged in the charge lies on the defendant.
(3)  If a person is found guilty by a court of contravening this section, the court may order the person:
(a)  to pay the employee a specified sum by way of reimbursement for the salary or wages lost by the employee, and
(b)  to reinstate the employee to his or her usual position or a similar position.
(4)  Such a person must give effect to an order of the court under subsection (3).

Maximum penalty (subsections (1) and (4)):

(a)  in the case of a corporation (being a previous offender)—375 penalty units, or
(b)  in the case of a corporation (not being a previous offender)—250 penalty units, or
(c)  in the case of an individual (being a previous offender)—225 penalty units, or both, or
(d)  in the case of an individual (not being a previous offender)—150 penalty units.

62   Division applies to employees of contractor

This Division applies to an employee of a contractor who works at a coal operation, to the extent that it applies to work done by the employee, in the same way as it applies to an employee of an operator.

Division 4 Duties of those in management positions

63   Duties of manager of mining engineering

(1)  The manager of mining engineering for a coal operation must advise the operator of health and safety standards and practices in the manager’s discipline.
(2)  The manager of mining engineering for a coal operation must bring any significant deviation from those standards and practices, and any risks to health and safety that he or she becomes aware of, to the attention of the operator.
(3)  A failure by the manager of mining engineering to bring such a deviation to the operator’s attention does not affect any liability of the operator under this Act or the regulations or under the Work Health and Safety Act 2011 or the regulations made under that Act.

64   Duties of manager of electrical engineering

(1)  The manager of electrical engineering for a coal operation must advise the operator of health and safety standards and practices in the manager’s discipline.
(2)  The manager of electrical engineering for a coal operation must bring any significant deviation from those standards and practices, and any risks to health and safety that he or she becomes aware of, to the attention of the operator.
(3)  A failure by the manager of electrical engineering to bring such a deviation to the operator’s attention does not affect any liability of the operator under this Act or the regulations or under the Work Health and Safety Act 2011 or the regulations made under that Act.

65   Duties of manager of mechanical engineering

(1)  The manager of mechanical engineering for a coal operation must advise the operator of health and safety standards and practices in the manager’s discipline.
(2)  The manager of mechanical engineering for a coal operation must bring any significant deviation from those standards and practices, and any risks to health and safety that he or she becomes aware of, to the attention of the operator.
(3)  A failure by the manager of mechanical engineering to bring such a deviation to the operator’s attention does not affect any liability of the operator under this Act or the regulations or under the Work Health and Safety Act 2011 or the regulations made under that Act.

66   Those in management positions must comply with health and safety management system

A person who holds a management position at a coal operation must comply with the health and safety management system for the coal operation.

67   Those in management positions must inform operator of non-compliance

(1)  A person who holds a management position at a coal operation must inform the operator of the coal operation if he or she is aware that the conduct of the coal operation does not conform with the Work Health and Safety Act 2011 or the regulations made under that Act or with this Act or the regulations made under this Act.
(2)  A failure by a person to inform the operator under this section does not affect any liability of the operator under the Work Health and Safety Act 2011 or the regulations made under that Act or under this Act or the regulations made under this Act.

68   Penalty for offence against this Division

A person who contravenes, whether by act or omission, a provision of this Division is guilty of an offence against that provision.

Maximum penalty:

(a)  in the case of a previous offender—75 penalty units, or
(b)  in any other case—50 penalty units.

Division 5 Duties of supervisors

69   Supervisor must comply with health and safety management system

A supervisor at a coal operation must comply with the health and safety management system for the coal operation.

70   Supervisor must inform operator of non-compliance

(1)  A supervisor at a coal operation must inform the operator of the coal operation if he or she is aware that the conduct of the coal operation does not conform with the Work Health and Safety Act 2011 or this Act or the regulations under either Act.
(2)  A failure by a supervisor to inform the operator under this section does not affect any liability of the operator under the Work Health and Safety Act 2011 or this Act or the regulations under either Act.

71   Penalty for offence against this Division

A person who contravenes, whether by act or omission, a provision of this Division is guilty of an offence against that provision.

Maximum penalty:

(a)  in the case of a previous offender—75 penalty units, or
(b)  in any other case—50 penalty units.

Division 6 Duties of contractors

72   Contractor must comply with operator’s health and safety management system

A contractor who works at a coal operation must comply with the health and safety management system of the operator for the coal operation to the extent that it applies to work done by the contractor.

73   Duties of contractors regarding safe work method statement

(1)  A contractor must not commence work at a coal operation unless the contractor:
(a)  has undertaken an assessment of the risks associated with the work to be carried out by the contractor, and
(b)  has prepared a written safe work method statement that includes a copy of the assessment of risks, and
(c)  has provided a copy of that statement to a person designated by the operator of the coal operation.
(2)  A contractor:
(a)  must maintain and keep up-to-date the contractor’s safe work method statement for a place of work, and
(b)  must provide a person designated by the operator with any changes made to the safe work method statement.
Note. The requirements for a safe work method statement are set out in section 42.

74   Contractor to ensure work carried out in accordance with safe work method statement

(1)  A contractor must ensure that all work carried out by the contractor, or by an employee of the contractor, at a coal operation is carried out in accordance with the safe work method statement prepared by the contractor in relation to that coal operation.
(2)  If a risk to the health or safety of a person arises because of non-compliance with the statement, a contractor must ensure that work is stopped immediately and does not resume until the statement is complied with.
(3)  However, if the immediate cessation of work is likely to increase the risk to health or safety, the contractor is not required to stop the work immediately but must stop the work as soon as it is safe to do so.
(4)  If there is a conflict between the health and safety management system for a coal operation and the safe work method statement of a contractor, the health and safety management system prevails.

75   Contractor must prepare and implement WHS management plan

(1)  This section applies to contractors of a class prescribed by the regulations.
(2)  A contractor must ensure that, before commencing work at a coal operation, a site-specific work health and safety management plan is prepared for that coal operation.
(3)  A contractor must ensure that the work health and safety management plan includes:
(a)  a statement of responsibilities, listing the names, positions and responsibilities of all people who will have specified responsibilities at the coal operation for work health and safety in relation to the contractor’s work, and
(b)  details of the arrangements for managing work health and safety incidents, including the means of informing the coal operator in a timely fashion, and
(c)  any work specific safety rules and details of the arrangements for ensuring that all persons involved in the work are informed of the rules, and
(d)  safe work method statements for all work activities assessed as having safety or health risks, and
(e)  any other matters required by the regulations.
(4)  A contractor must supply a copy of the work health and safety management plan to the operator of the coal operation prior to work commencing at the coal operation.
(5)  If requested, a contractor must supply a copy of the work health and safety management plan to a government official or a check inspector as soon as practicable after the request. Such a request may be made before or after work commences.
(6)  A contractor must ensure that a copy of the work health and safety management plan is available for inspection during the course of work:
(a)  by any person working at the place of work concerned and by any person about to commence work at that place, and
(b)  by a representative of the coal operator, a government official or a check inspector.
(7)  A contractor must ensure that work carried out by the contractor at the coal operation is carried out in compliance with the work health and safety management plan for the coal operation.
(8)  If there is a conflict between the health and safety management system for a coal operation and the work health and safety management plan of a contractor, the health and safety management system prevails.

76   Contractor’s duties regarding subcontractors

(1)  A contractor who works at a coal operation must ensure that any subcontractor of the contractor provides the operator of the coal operation, or a person nominated by the operator, with:
(a)  a written safe work method statement for the work to be carried out by the subcontractor, and
(b)  if section 75 applies to the subcontractor, a site-specific work health and safety management plan.

These must be provided before the subcontractor commences work at the coal operation.

(2)  A contractor who works at a coal operation must ensure that any subcontractor of the contractor complies with the health and safety management system of the operator of the coal operation.
(3)  A contractor to whom section 75 applies must ensure that a copy of any parts of the contractor’s work health and safety management plan that are relevant to a subcontractor contracted by the contractor or employee employed by the contractor are provided to the subcontractor or employee before the subcontractor or employee commences work at the place of work concerned.
(4)  A contractor to whom section 75 applies must ensure that, if any change is made to the work health and safety management plan during the course of work, a copy of any part of the plan that has been changed and that is relevant to a subcontractor or employee of the contractor is provided to the subcontractor or employee as soon as practicable after the change is made.
(5)  A contractor must ensure that, if any change is made to the safe work method statement during the course of work, a copy of any part of the statement that has been changed and that is relevant to a subcontractor or employee of the contractor is provided to the subcontractor or employee as soon as practicable after the change is made.

77   Penalty for offence against this Division

A person who contravenes, whether by act or omission, a provision of this Division is guilty of an offence against that provision.

Maximum penalty:

(a)  in the case of a corporation (being a previous offender)—7,500 penalty units, or
(b)  in the case of a corporation (not being a previous offender)—5,000 penalty units, or
(c)  in the case of an individual (being a previous offender)—750 penalty units or imprisonment for 2 years, or both, or
(d)  in the case of an individual (not being a previous offender)—500 penalty units.

Division 7 Duties of exploration holders and others to give notice

78   Duty to give notice of drilling operations

(1)  An exploration holder must not commence drilling operations unless the exploration holder has given the Chief Inspector at least 7 days’ written notice of the operations.
(1A)  If notice has been given of drilling operations on particular land, no further notice is required if other related drilling operations are later commenced on that land.
(2)  That notice must contain the details required by the regulations.
(3)  In this section:

drilling operation means any drilling operation carried out from the surface in the course of searching for coal or the mining of coal and includes:

(a)  drilling carried out under the authority of section 81 of the Mining Act 1992, and
(b)  drilling done for mining purposes in connection with the mining of coal, and
(c)  the preparation of a drill site, and
(d)  the restoration of a drill site.

79   Other duties to give notice

(1)  The regulations may require a person, or a person of a specified class, to give notice to the Chief Inspector of the commencement or discontinuation of operations or activities at a coal operation that are prescribed by the regulations.
(2)  The regulations may prescribe the amount of notice to be given and the details that are required to be contained in the notice.
(3)  A person who is required to give notice must comply with the regulations made under this section.

80   Penalty for offence against this Division

A person who contravenes, whether by act or omission, a provision of this Division is guilty of an offence against that provision.

Maximum penalty:

(a)  in the case of a corporation (being a previous offender)—750 penalty units, or
(b)  in the case of a corporation (not being a previous offender)—500 penalty units, or
(c)  in the case of an individual (being a previous offender)—375 penalty units or imprisonment for 2 years, or both, or
(d)  in the case of an individual (not being a previous offender)—250 penalty units.

Division 8 General

81   Person may have more than one duty

A person on whom a duty is imposed under this Part may be subject to more than one duty under this Part.

82   Relationship between duties under this Part and regulations

(1)  Compliance with the regulations is not in itself a defence in any proceedings for an offence against this Part.
(2)  However, a relevant contravention of the regulations is admissible in evidence in any proceedings for an offence against this Part.
(3)  This section is subject to any regulations under section 197 or 198.
Note. See Part 11 for provisions relating to the use of approved coal mining industry codes of practice in proceedings for offences against this Part.

83   (Repealed)

84   Multiple contraventions of general duties under this Part

(1)  More than one contravention of a provision of this Part by a person that arise out of the same factual circumstances may be charged as a single offence or as separate offences.
(2)  This section does not authorise contraventions of 2 or more of those provisions to be charged as a single offence.
(3)  A single penalty only may be imposed in respect of more than one contravention of any such provision that is charged as a single offence.

85   Civil liability not affected by this Part

(1)  Nothing in this Part is to be construed:
(a)  as conferring a right of action in any civil proceedings in respect of any contravention, whether by act or omission, of any provision of this Part, or
(b)  as conferring a defence to an action in any civil proceedings or as otherwise affecting a right of action in any civil proceedings.
(2)  Subsection (1) does not affect the extent (if any) to which a breach of duty imposed by the regulations is actionable (including any regulation that adapts a provision of this Part).
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