Health and Safety in Employment Act 1992

  • repealed
  • Health and Safety in Employment Act 1992: repealed, on 4 April 2016, by section 231(1) of the Health and Safety at Work Act 2015 (2015 No 70).

Schedule 1AA

s 63

Schedule 1AA: inserted, on 16 December 2013, by section 25(2) of the Health and Safety in Employment Amendment Act 2013 (2013 No 95).

Part 1 Transitional provisions relating to Health and Safety in Employment Amendment Act 2013

1 Existing mining operations

(1)

This clause applies to any mining operation that was in operation immediately before the date on which the Health and Safety in Employment Amendment Act 2013 came into force.

(2)

Nothing in sections 12A, 13AA, 39A, or 41A of the principal Act, as inserted by the Health and Safety in Employment Amendment Act 2013, applies in respect of the mining operation until 1 January 2015.

(3)

The mine operator may, but is not required to, comply with section 19Q(1) of the principal Act, as inserted by the Health and Safety in Employment Amendment Act 2013, before 1 January 2015.

(4)

Section 19J of the principal Act, as inserted by the Health and Safety in Employment Amendment Act 2013, applies in respect of the mining operation from the earlier of—

(a)

the date on which the mine operator complies with section 19Q(1) of the principal Act, as inserted by the Health and Safety in Employment Amendment Act 2013; and

(b)

1 January 2015.

(5)

If, on 1 January 2015, the mining operation does not have a documented worker participation system referred to in section 19Q(1) of the principal Act, as inserted by the Health and Safety in Employment Amendment Act 2013, the prescribed provisions referred to in section 19U(1) of the principal Act, as inserted by the Health and Safety in Employment Amendment Act 2013, apply.

(6)

Nothing in subclause (3) limits the application of sections 19ZU to 19ZZ of the principal Act, as inserted by the Health and Safety in Employment Amendment Act 2013, in respect of the mining operation.

2 Notices, etc, before site senior executive appointed for existing mining operation

(1)

This clause applies to any mining operation to which clause 1 applies before the mine operator has appointed a site senior executive for the first time in accordance with regulations made under section 21 of the principal Act.

(2)

Any notice required or enabled by the Act to be given to the site senior executive of the mining operation may be given to the mine operator or a representative of the mine operator.

(3)

Sections 19ZF, 19ZG, 19ZH, and 19ZK of the principal Act, as inserted by the Health and Safety in Employment Amendment Act 2013, apply, with any necessary modifications, as if references to the site senior executive were references to the mine operator or a representative of the mine operator.

3 Exemptions of mining operations from regulations for limited period

(1)

Regulations made under section 21(1)(b) of the principal Act may provide for the granting by WorkSafe of an exemption (unconditionally or subject to conditions) in respect of any particular mining operation (whether or not it is one to which clause 1 applies) from 1 or more obligations or requirements under the regulations for any specified period, or periods, of up to a total of 36 months and ending not later than 31 December 2017.

(2)

The regulations must—

(a)

specify the reasons for which exemptions may be granted; and

(b)

require WorkSafe to specify in an exemption the reasons for which the exemption is granted.

(3)

An exemption granted under the regulations is not a disallowable instrument for the purposes of the Legislation Act 2012 and does not have to be presented to the House of Representatives under section 41 of that Act.

(4)

Nothing in this clause limits section 23(1)(k) of the principal Act.