Mine Health and Safety Act 2004 No 74
Current version for 1 January 2014 to date (accessed 26 November 2014 at 19:40)
Part 2

Part 2 Application of Act

6   Application of Act

(1)  This Act applies to the following places of work (which are called mines in this Act):
(a)  any place where the extraction of material from land for the purpose of recovering minerals or quarry product is carried out,
(b)  any place where the treatment of any such extracted material, or the treatment of minerals or quarry product, is carried out, if that place is at or near the place from which the material, minerals or quarry product were extracted,
(c)  any place where the storage or treatment of waste resulting from:
(i)  the extraction of material from land for the purpose of recovering minerals or quarry product, or
(ii)  the treatment of minerals or quarry product,
is carried out, if that place is at or near the place from which the material, minerals or quarry product were extracted,
(d)  any place where recycling operations are carried out, if that place is at or near the place from which material was extracted from land for the purpose of recovering quarry product to be used in the recycling operations,
(e)  any place where the manufacturing of ready-mix concrete or bitumen hot mix is carried out, if that place is:
(i)  at or near a place from which material was extracted from land for the purpose of recovering quarry product, and
(ii)  under the control of the same person or entity that has control of the place referred to in subparagraph (i),
(f)  any place where mining exploration is carried out,
Note. See subsection (6).
(g)  any place where the treatment of zircon, rutile, ilmenite, monazite and associated minerals is carried out,
(h)  any place where offshore exploration or mining activities within the meaning of the Offshore Minerals Act 1999 are carried out,
(i)  any place where operations associated with the care, security or maintenance of a place referred to in paragraph (a)–(h), (j) or (k) are carried out during any time when activities or operations at that place are suspended,
(j)  any place where operations associated with the decommissioning or abandonment of a place referred to in paragraph (a)–(i) are carried out,
(k)  any place where an activity or operation referred to in paragraph (a)–(j) is or has been carried out, and that is being rehabilitated.
(2)  Any building, structure, pit, shaft, drive, level, incline, decline, excavation or work that is:
(a)  at a place referred to in subsection (1) (a)–(h), and
(b)  in the course of construction, and
(c)  intended to be part of a mine,
is taken to be part of the mine constituted by that place.
(3)  This Act also applies to the following places, whether or not they are places of work:
(a)  an abandoned mine (other than an abandoned mine used for the storage, treatment or disposal of waste that is not connected with an activity or operation referred to in subsection (1) (a)–(h)),
(b)  any place described in subsection (1) (a)–(k) during any time when activities or operations at that place are suspended,
(c)  any place on which drilling operations (within the meaning of section 68) are carried out,
(d)  any land (that is not otherwise a mine within the meaning of subsection (1)) on which activities or uses take place that are the subject of, or required to be the subject of, a permit under Division 3 of Part 6.
(4)  For the purposes of this section, the extraction of material from land for the purpose of recovering minerals or quarry product includes:
(a)  any activity that is ancillary to, or connected with, extracting material for such a purpose, and
(b)  such other activities as may be prescribed by the regulations,
but does not include any activity or class of activity that is excluded from the operation of this subsection by the regulations.
(5)  For the purposes of this section (but subject to the regulations), a place (the relevant place) is taken to be near a place if:
(a)  the relevant place is operating on an ongoing basis, and
(b)  the relevant place (or any part of it) is within 10 kilometres of the nearest boundary of the place.
(6)  In subsection (1) (f), mining exploration means the carrying out of works on, or the removal of samples from, land for the purpose of testing the mineral or quarry product bearing qualities of the land, but does not include:
(a)  (Repealed)
(b)  offshore exploration or mining activities within the meaning of the Offshore Minerals Act 1999, or
(c)  any activity or class of activity that is excluded from this definition by the regulations.

7   Act does not apply to certain mines or places

(1)  This Act does not apply to:
(a)  any mine or place that is of a class prescribed by the regulations or in circumstances or during time periods prescribed by the regulations, or
(b)  any mine or place specified by the Minister in a notice published in the Gazette.
(2)  The Minister is to notify any other Minister administering the Work Health and Safety Act 2011 if any notice under subsection (1) (b) is published in the Gazette. However, failure to notify any such other Minister does not affect the validity of the notice published in the Gazette.

8   Decision on question of whether this Act applies

(1)  If any question arises, otherwise than in proceedings before a court, as to whether a mine or other place is a mine or place to which this Act applies, the question is to be referred to the Minister.
(2)  The Minister’s decision on any such question is final and binding on any court in any proceedings arising under this Act or the Work Health and Safety Act 2011.
(3)  Subsection (2) does not apply in relation to any such proceedings commenced before the Minister’s decision was made.
(4)  The Minister is to notify any other Minister administering the Work Health and Safety Act 2011 if a decision is made by the Minister under this section. However, failure to notify any such other Minister does not affect the validity of the decision.
(5)  A decision under this section does not, in itself, operate to impose any liability on a person for anything done or omitted to have been done by the person before the decision was made.

9   Act does not apply to coal operations

This Act does not apply to a place of work or other place to which the Coal Mine Health and Safety Act 2002 applies, except as provided by Part 9 (Competence standards).

10   Act does not apply to railway operations

This Act does not apply to a railway or railway operations to which the Rail Safety National Law (NSW) applies.

11   Act does not apply to civil engineering works

(1)  Subject to the regulations and any notice given by the Minister under section 7 (1) (b), this Act does not apply to:
(a)  any place where the extraction or treatment of quarry product is carried out, where those activities are an integral part of any civil engineering work, or
(b)  any place where underground work involving the extraction or treatment of quarry product is carried out, where that work is an integral part of any civil engineering work.
(2)  In this section, civil engineering work means the construction, structural alteration, repair, maintenance and demolition of, for example, airports, docks, harbours, inland waterways, dams, river and avalanche and sea defence works, roads and highways, railways, bridges and tunnels, viaducts and works related to the provision of services such as communications, drainage, sewerage, water and energy supplies.

12   Act does not apply to certain other operations

This Act does not apply to any part of a mine used for the purpose only of manufacturing bricks, tiles, pottery, earthenware pipes, terracotta, chinaware, refractory material or cement.

13   Act to bind Crown

This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
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