The object of the Mining and Quarrying Safety and Health Act 1999 is:
- to protect the safety and health of persons at mines and persons who may be affected by operations; and
- to require that the risk of injury or illness to any person resulting from operations is at an acceptable level.
The Act provides for:
- risk management and other safety and health obligations on workers and other persons and organisations involved.
- rights of workers to remove themselves from immediate personal danger.
- safety and health representatives and committees at mines and quarries.
- inspectors, Inspection Officers and district workers representative to monitor and ensure adequate risk management at mines and quarries.
- requirements for notification of starting operations, and of the appointment of operators, site senior executives, and underground mine managers.
- requirements for the notification of accidents, incidents and diseases.
- investigation of accidents and the holding of boards of inquiry.
- requirements to keep various records.
- making regulations and guidelines.
- safety and health advisory council to review the effectiveness of the Act and establish and publish the competencies needed for various tasks and duties.
The following Subordinate Legislation should be examined:
Guidelines and guidance notes are being prepared and will become available progressively as they are completed.
An obligation defined in law. A business must comply with relevant services.
Compliance Mechanisms and Penalties
Inspectors, inspection officers and district workers representatives have powers to ensure compliance with the Act, including entry and inspection of mines and quarries, making inquiries, seizing evidence, and issuing directives.
The chief inspector may prosecute persons, organisation and executive officers of organisation for breaches of the Act, including failure to comply with a directive. Penalties for breaches include fines and imprisonment.
Review or Appeal Mechanisms
A person who has received a directive from an inspector, inspection officer or district workers representative may apply for the directive to be reviewed by the chief inspector. Appeals against a directive or a review decision from the chief inspector may be made to the Industrial Court.
Appeals against certain decisions of the Minister or the board of examiners may be made to the Industrial Magistrates Court.
Department of Natural Resources and Mines
Mine Safety and Health
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