Part 6 Miscellaneous matters concerning mines
75 Regulations concerning mine plans
(1) The regulations may impose requirements concerning the preparation of plans in relation to the workings of a mine.(2) Without limiting what the regulations may make provision for, they may make provision for any of the following:(a) the persons who must prepare plans,(b) the contents of plans,(c) the revision of plans,(d) access to plans,(e) the inspection of plans by government officials.
76 Hours of work and associated working arrangements below ground
(1) Except in cases of emergency, a person other than an operator or a person acting in the management of the mine is not to be employed underground in a mine for more than 8 consecutive hours at any time or for more than 48 hours in a period of 7 consecutive days.(2) Except in cases of emergency, each person employed underground in a mine is to have at least one full day of 24 consecutive hours off work in each period of 7 consecutive days.(3) The regulations may prescribe circumstances where some or all of the requirements of subsections (1) and (2) do not apply.(4) Except in cases of emergency or in the circumstances prescribed by the regulations, a person other than an operator or a person acting in the management of a mine must not be employed at the mine for more than 8 consecutive hours at any time:(a) in a shaft, except in a cage, or(b) in any situation in which there is a danger of falling down a shaft, such as at work in close proximity to an unguarded shaft.(5) In this section, shaft does not include a pit except in circumstances in which the regulations provide that it is to include a pit.
77 Chief Inspector may require alteration of hours of work
(1) The Chief Inspector may, subject to section 76 and the regulations, direct the operator of a mine to limit working hours or to alter associated working arrangements at the mine if the Chief Inspector is of the opinion that existing hours of work or associated working arrangements are likely to adversely affect the health or safety of employees of the operator or any other person.(2) A direction under this section may be given in respect of a particular class of employees or in respect of a particular class of work, or may be given generally.(3) The operator of a mine must comply with a direction under this section.(4) This section does not affect any other powers of the Chief Inspector under this Act.
78 Regulations concerning hours of work
(1) The regulations may make provision concerning the hours of work of persons working at mines.(2) A person other than an operator or a person acting in the management of the mine is not to be employed in a mine in contravention of the limitation on hours of work specified in the regulations for the purposes of this section.(3) Subsection (2) does not apply in the case of an emergency.
79 Display of shift roster regimes
The operator of a mine at which persons are employed underground must keep prominently displayed, in a place that is easily accessible to the employees, details of shift roster regimes at the mine.
(1) The operator of a mine must keep records of the hours worked underground by each employee at the mine (whether an employee of the operator or any other person) and must make the records available to a government official on request.(2) The regulations may make provision for or with respect to the keeping of records under this section.
81 Penalty for offence against this Division
A person who contravenes, whether by act or omission, a provision of this Division, or who permits any person to contravene or fail to comply with any 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)—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 imprisonment for 2 years, or both, or(d) in the case of an individual (not being a previous offender)—150 penalty units.
A person is not guilty of an offence against this Division for a contravention of a requirement relating to the time for which persons were employed underground if the person proves that there were special circumstances to render the contravention necessary for the safe and proper working of the mine and that the contravention did not create an increased risk of injury to the persons so employed in the mine.
Division 3 Tourist and educational activities
In this Division:mine includes an abandoned mine or part of a mine.
permit means a permit that has been issued under section 85 and that has not been revoked under section 86.
84 Tourist activities in mines or use of mines for educational purposes not allowed without a permit
A person must not conduct tourist activities in or about a mine or use a mine principally for educational purposes unless:(a) the tourist activities are, or the use of the mine principally for educational purposes is, authorised by a permit issued to that person, and(b) the person complies with the conditions (if any) to which the permit is subject.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(d) in the case of an individual (not being a previous offender)—250 penalty units.
85 Issue of tourist and educational permits
(1) Any of the following persons may apply for a permit in relation to a mine:(a) in relation to a mine that is located on land subject to a mining lease (other than a mining lease in respect of coal), or to a mineral claim, under the Mining Act 1992, the holder of which owns the land—the mining lease or mineral claim holder or another person with that holder’s consent,(b) in relation to a mine that is located on land subject to a mining lease (other than a mining lease in respect of coal), or to a mineral claim, under the Mining Act 1992, the holder of which does not own the land—the mining lease or mineral claim holder with the land owner’s consent, or another person with the consent of the mining lease or mineral claim holder and the land owner,(c) in relation to a mine that is not located on land subject to a mining lease or mineral claim under the Mining Act 1992—the owner of the land on which the mine is located or another person with the land owner’s consent.(2) The Minister may, on application being made to the Minister in writing, issue a permit that:(a) authorises tourist activities to be conducted in or about the mine, or(b) authorises the mine to be used principally for educational purposes,or both, subject to any conditions that the Minister may specify in the permit and any conditions that may be prescribed by the regulations.(3) An application for a permit is to be in the form approved by the Minister and must be accompanied by any particulars or documents specified in that form or prescribed by the regulations (or both).(4) The Minister may require an applicant for a permit to furnish additional information within a time specified by the Minister and may refuse to issue a permit if such information is not furnished in that time.(5) An application for a permit is to be accompanied by the fee determined by the Minister under section 188.(6) In determining an application, the Minister may consult with any persons, government agencies or other bodies that the Minister considers appropriate.(7) A permit must not be issued under this section in respect of a mine unless the Minister is satisfied that all necessary precautions will be taken by the applicant to protect the health and safety of persons entering the mine.
86 Revocation or variation of permits
(1) The Minister:(a) may revoke a permit if a condition to which the permit is subject is breached or if the Minister is satisfied that persons cannot enter the mine to which the permit relates:(i) without risk to their safety or health that is higher than that which is reasonably acceptable for tourist or educational activities, or(ii) without risk to their health or safety that is not properly managed by the holder of the permit, and(b) may from time to time attach conditions or additional conditions to a permit or vary the conditions to which a permit is subject.(2) A revocation of a permit, a variation of conditions to which a permit is subject or the attachment of conditions or additional conditions to a permit does not take effect until notice of the revocation, variation or attachment is served on the occupier of the mine to which the permit relates. However, if the Minister forms the view that an emergency exists, the Minister is not required to give notice and the revocation or variation or attachment of conditions takes effect immediately.(3) A variation may be made under subsection (1) (b) by way of addition, amendment or deletion of conditions.(4) The regulations may provide that a permit is taken to be automatically revoked during any period of non-compliance with specified conditions or conditions of a specified class.
87 Minister and certain other persons not liable in certain circumstances
(1) This section applies if:(a) the Minister has issued a permit in relation to a mine to a person, and(b) that person, or any other person, suffers any injury or incurs any loss as a result of any person entering the mine pursuant to the permit.(2) The Crown, the Minister and any officer of the Department are not liable for any loss arising out of any injury or loss suffered or incurred by any person who enters the mine area pursuant to the permit.