❓ A parliamentary question on notice regarding the Mines Safety and Inspection Amendment Bill 2007, specifically concerning exploration manager appointments, industry consultation, and review processes. The response clarifies the government's intent and process.
AnsweredQoN 679Legislative Council
QuestionView source ↗
MINES SAFETY AND INSPECTION AMENDMENT BILL 2007
I refer the minister to her replies to questions without notice 642 and 643 given on 29 August. (1) If the government does not intend to change the current ability of exploration companies to nominate a single statewide exploration manager, why does the government want to remove the specific reference in the act to a single exploration manager for the state? (2) Why was the Association of Mining and Exploration Companies, as a representative body for exploration companies, not consulted on the proposed changes to the Mines Safety and Inspection Act? (3) Will the minister explain the purpose of proposed new section 102AA, as the act already states what matters reviewed by the State Mining Engineer can be subjected to a review by the Occupational Safety and Health Tribunal? Hon KATE DOUST
I refer the minister to her replies to questions without notice 642 and 643 given on 29 August. (1) If the government does not intend to change the current ability of exploration companies to nominate a single statewide exploration manager, why does the government want to remove the specific reference in the act to a single exploration manager for the state? (2) Why was the Association of Mining and Exploration Companies, as a representative body for exploration companies, not consulted on the proposed changes to the Mines Safety and Inspection Act? (3) Will the minister explain the purpose of proposed new section 102AA, as the act already states what matters reviewed by the State Mining Engineer can be subjected to a review by the Occupational Safety and Health Tribunal? Hon KATE DOUST
AnswerView source ↗
On behalf of the minister representing the Minister for Employment Protection, I thank the member for some notice of this question. (1) There is no intent to prevent the appointment of a single exploration manager for the state. In fact, section 47 of the act will now provide increased flexibility as there is an ability to appoint a single exploration manager for the state or multiple exploration managers for multiple exploration operations. (2) The means provided under the law of the state for recommendations regarding the formulation, amendment or repeal of laws relating to mining occupational health and safety are found in section 14A(3)(d) of the Occupational Safety and Health Act 1984, which provides for such information to come from the Mining Industry Advisory Committee. This process was followed with these amendments. (3) Proposed section 102AA will be inserted to maintain parity with the Occupational Safety and Health Act 1984 and the regulations made under that act, which provide for a review by the tribunal of decisions of the commissioner made pursuant to both the OSH act and regulations. A head of power will be inserted as section 104(1)(zo) of the Mines Safety and Inspection Act to make provision for such reviewable decisions to be designated under the regulations. Currently, no such reviewable decisions are specified in the regulations.
(1) If the government does not intend to change the current ability of exploration companies to nominate a single statewide exploration manager, why does the government want to remove the specific reference in the act to a single exploration manager for the state? (2) Why was the Association of Mining and Exploration Companies, as a representative body for exploration companies, not consulted on the proposed changes to the Mines Safety and Inspection Act? (3) Will the minister explain the purpose of proposed new section 102AA, as the act already states what matters reviewed by the State Mining Engineer can be subjected to a review by the Occupational Safety and Health Tribunal? Hon KATE DOUST replied: On behalf of the minister representing the Minister for Employment Protection, I thank the member for some notice of this question. (1) There is no intent to prevent the appointment of a single exploration manager for the state. In fact, section 47 of the act will now provide increased flexibility as there is an ability to appoint a single exploration manager for the state or multiple exploration managers for multiple exploration operations. (2) The means provided under the law of the state for recommendations regarding the formulation, amendment or repeal of laws relating to mining occupational health and safety are found in section 14A(3)(d) of the Occupational Safety and Health Act 1984, which provides for such information to come from the Mining Industry Advisory Committee. This process was followed with these amendments. (3) Proposed section 102AA will be inserted to maintain parity with the Occupational Safety and Health Act 1984 and the regulations made under that act, which provide for a review by the tribunal of decisions of the commissioner made pursuant to both the OSH act and regulations. A head of power will be inserted as section 104(1)(zo) of the Mines Safety and Inspection Act to make provision for such reviewable decisions to be designated under the regulations. Currently, no such reviewable decisions are specified in the regulations.
(2) Why was the Association of Mining and Exploration Companies, as a representative body for exploration companies, not consulted on the proposed changes to the Mines Safety and Inspection Act? (3) Will the minister explain the purpose of proposed new section 102AA, as the act already states what matters reviewed by the State Mining Engineer can be subjected to a review by the Occupational Safety and Health Tribunal? Hon KATE DOUST replied: On behalf of the minister representing the Minister for Employment Protection, I thank the member for some notice of this question. (1) There is no intent to prevent the appointment of a single exploration manager for the state. In fact, section 47 of the act will now provide increased flexibility as there is an ability to appoint a single exploration manager for the state or multiple exploration managers for multiple exploration operations. (2) The means provided under the law of the state for recommendations regarding the formulation, amendment or repeal of laws relating to mining occupational health and safety are found in section 14A(3)(d) of the Occupational Safety and Health Act 1984, which provides for such information to come from the Mining Industry Advisory Committee. This process was followed with these amendments. (3) Proposed section 102AA will be inserted to maintain parity with the Occupational Safety and Health Act 1984 and the regulations made under that act, which provide for a review by the tribunal of decisions of the commissioner made pursuant to both the OSH act and regulations. A head of power will be inserted as section 104(1)(zo) of the Mines Safety and Inspection Act to make provision for such reviewable decisions to be designated under the regulations. Currently, no such reviewable decisions are specified in the regulations.
(3) Will the minister explain the purpose of proposed new section 102AA, as the act already states what matters reviewed by the State Mining Engineer can be subjected to a review by the Occupational Safety and Health Tribunal? Hon KATE DOUST replied: On behalf of the minister representing the Minister for Employment Protection, I thank the member for some notice of this question. (1) There is no intent to prevent the appointment of a single exploration manager for the state. In fact, section 47 of the act will now provide increased flexibility as there is an ability to appoint a single exploration manager for the state or multiple exploration managers for multiple exploration operations. (2) The means provided under the law of the state for recommendations regarding the formulation, amendment or repeal of laws relating to mining occupational health and safety are found in section 14A(3)(d) of the Occupational Safety and Health Act 1984, which provides for such information to come from the Mining Industry Advisory Committee. This process was followed with these amendments. (3) Proposed section 102AA will be inserted to maintain parity with the Occupational Safety and Health Act 1984 and the regulations made under that act, which provide for a review by the tribunal of decisions of the commissioner made pursuant to both the OSH act and regulations. A head of power will be inserted as section 104(1)(zo) of the Mines Safety and Inspection Act to make provision for such reviewable decisions to be designated under the regulations. Currently, no such reviewable decisions are specified in the regulations.
Hon KATE DOUST replied: On behalf of the minister representing the Minister for Employment Protection, I thank the member for some notice of this question. (1) There is no intent to prevent the appointment of a single exploration manager for the state. In fact, section 47 of the act will now provide increased flexibility as there is an ability to appoint a single exploration manager for the state or multiple exploration managers for multiple exploration operations. (2) The means provided under the law of the state for recommendations regarding the formulation, amendment or repeal of laws relating to mining occupational health and safety are found in section 14A(3)(d) of the Occupational Safety and Health Act 1984, which provides for such information to come from the Mining Industry Advisory Committee. This process was followed with these amendments. (3) Proposed section 102AA will be inserted to maintain parity with the Occupational Safety and Health Act 1984 and the regulations made under that act, which provide for a review by the tribunal of decisions of the commissioner made pursuant to both the OSH act and regulations. A head of power will be inserted as section 104(1)(zo) of the Mines Safety and Inspection Act to make provision for such reviewable decisions to be designated under the regulations. Currently, no such reviewable decisions are specified in the regulations.
On behalf of the minister representing the Minister for Employment Protection, I thank the member for some notice of this question. (1) There is no intent to prevent the appointment of a single exploration manager for the state. In fact, section 47 of the act will now provide increased flexibility as there is an ability to appoint a single exploration manager for the state or multiple exploration managers for multiple exploration operations. (2) The means provided under the law of the state for recommendations regarding the formulation, amendment or repeal of laws relating to mining occupational health and safety are found in section 14A(3)(d) of the Occupational Safety and Health Act 1984, which provides for such information to come from the Mining Industry Advisory Committee. This process was followed with these amendments. (3) Proposed section 102AA will be inserted to maintain parity with the Occupational Safety and Health Act 1984 and the regulations made under that act, which provide for a review by the tribunal of decisions of the commissioner made pursuant to both the OSH act and regulations. A head of power will be inserted as section 104(1)(zo) of the Mines Safety and Inspection Act to make provision for such reviewable decisions to be designated under the regulations. Currently, no such reviewable decisions are specified in the regulations.
(1) There is no intent to prevent the appointment of a single exploration manager for the state. In fact, section 47 of the act will now provide increased flexibility as there is an ability to appoint a single exploration manager for the state or multiple exploration managers for multiple exploration operations. (2) The means provided under the law of the state for recommendations regarding the formulation, amendment or repeal of laws relating to mining occupational health and safety are found in section 14A(3)(d) of the Occupational Safety and Health Act 1984, which provides for such information to come from the Mining Industry Advisory Committee. This process was followed with these amendments. (3) Proposed section 102AA will be inserted to maintain parity with the Occupational Safety and Health Act 1984 and the regulations made under that act, which provide for a review by the tribunal of decisions of the commissioner made pursuant to both the OSH act and regulations. A head of power will be inserted as section 104(1)(zo) of the Mines Safety and Inspection Act to make provision for such reviewable decisions to be designated under the regulations. Currently, no such reviewable decisions are specified in the regulations.
(2) The means provided under the law of the state for recommendations regarding the formulation, amendment or repeal of laws relating to mining occupational health and safety are found in section 14A(3)(d) of the Occupational Safety and Health Act 1984, which provides for such information to come from the Mining Industry Advisory Committee. This process was followed with these amendments. (3) Proposed section 102AA will be inserted to maintain parity with the Occupational Safety and Health Act 1984 and the regulations made under that act, which provide for a review by the tribunal of decisions of the commissioner made pursuant to both the OSH act and regulations. A head of power will be inserted as section 104(1)(zo) of the Mines Safety and Inspection Act to make provision for such reviewable decisions to be designated under the regulations. Currently, no such reviewable decisions are specified in the regulations.
(3) Proposed section 102AA will be inserted to maintain parity with the Occupational Safety and Health Act 1984 and the regulations made under that act, which provide for a review by the tribunal of decisions of the commissioner made pursuant to both the OSH act and regulations. A head of power will be inserted as section 104(1)(zo) of the Mines Safety and Inspection Act to make provision for such reviewable decisions to be designated under the regulations. Currently, no such reviewable decisions are specified in the regulations.
(1) If the government does not intend to change the current ability of exploration companies to nominate a single statewide exploration manager, why does the government want to remove the specific reference in the act to a single exploration manager for the state? (2) Why was the Association of Mining and Exploration Companies, as a representative body for exploration companies, not consulted on the proposed changes to the Mines Safety and Inspection Act? (3) Will the minister explain the purpose of proposed new section 102AA, as the act already states what matters reviewed by the State Mining Engineer can be subjected to a review by the Occupational Safety and Health Tribunal? Hon KATE DOUST replied: On behalf of the minister representing the Minister for Employment Protection, I thank the member for some notice of this question. (1) There is no intent to prevent the appointment of a single exploration manager for the state. In fact, section 47 of the act will now provide increased flexibility as there is an ability to appoint a single exploration manager for the state or multiple exploration managers for multiple exploration operations. (2) The means provided under the law of the state for recommendations regarding the formulation, amendment or repeal of laws relating to mining occupational health and safety are found in section 14A(3)(d) of the Occupational Safety and Health Act 1984, which provides for such information to come from the Mining Industry Advisory Committee. This process was followed with these amendments. (3) Proposed section 102AA will be inserted to maintain parity with the Occupational Safety and Health Act 1984 and the regulations made under that act, which provide for a review by the tribunal of decisions of the commissioner made pursuant to both the OSH act and regulations. A head of power will be inserted as section 104(1)(zo) of the Mines Safety and Inspection Act to make provision for such reviewable decisions to be designated under the regulations. Currently, no such reviewable decisions are specified in the regulations.
(2) Why was the Association of Mining and Exploration Companies, as a representative body for exploration companies, not consulted on the proposed changes to the Mines Safety and Inspection Act? (3) Will the minister explain the purpose of proposed new section 102AA, as the act already states what matters reviewed by the State Mining Engineer can be subjected to a review by the Occupational Safety and Health Tribunal? Hon KATE DOUST replied: On behalf of the minister representing the Minister for Employment Protection, I thank the member for some notice of this question. (1) There is no intent to prevent the appointment of a single exploration manager for the state. In fact, section 47 of the act will now provide increased flexibility as there is an ability to appoint a single exploration manager for the state or multiple exploration managers for multiple exploration operations. (2) The means provided under the law of the state for recommendations regarding the formulation, amendment or repeal of laws relating to mining occupational health and safety are found in section 14A(3)(d) of the Occupational Safety and Health Act 1984, which provides for such information to come from the Mining Industry Advisory Committee. This process was followed with these amendments. (3) Proposed section 102AA will be inserted to maintain parity with the Occupational Safety and Health Act 1984 and the regulations made under that act, which provide for a review by the tribunal of decisions of the commissioner made pursuant to both the OSH act and regulations. A head of power will be inserted as section 104(1)(zo) of the Mines Safety and Inspection Act to make provision for such reviewable decisions to be designated under the regulations. Currently, no such reviewable decisions are specified in the regulations.
(3) Will the minister explain the purpose of proposed new section 102AA, as the act already states what matters reviewed by the State Mining Engineer can be subjected to a review by the Occupational Safety and Health Tribunal? Hon KATE DOUST replied: On behalf of the minister representing the Minister for Employment Protection, I thank the member for some notice of this question. (1) There is no intent to prevent the appointment of a single exploration manager for the state. In fact, section 47 of the act will now provide increased flexibility as there is an ability to appoint a single exploration manager for the state or multiple exploration managers for multiple exploration operations. (2) The means provided under the law of the state for recommendations regarding the formulation, amendment or repeal of laws relating to mining occupational health and safety are found in section 14A(3)(d) of the Occupational Safety and Health Act 1984, which provides for such information to come from the Mining Industry Advisory Committee. This process was followed with these amendments. (3) Proposed section 102AA will be inserted to maintain parity with the Occupational Safety and Health Act 1984 and the regulations made under that act, which provide for a review by the tribunal of decisions of the commissioner made pursuant to both the OSH act and regulations. A head of power will be inserted as section 104(1)(zo) of the Mines Safety and Inspection Act to make provision for such reviewable decisions to be designated under the regulations. Currently, no such reviewable decisions are specified in the regulations.
Hon KATE DOUST replied: On behalf of the minister representing the Minister for Employment Protection, I thank the member for some notice of this question. (1) There is no intent to prevent the appointment of a single exploration manager for the state. In fact, section 47 of the act will now provide increased flexibility as there is an ability to appoint a single exploration manager for the state or multiple exploration managers for multiple exploration operations. (2) The means provided under the law of the state for recommendations regarding the formulation, amendment or repeal of laws relating to mining occupational health and safety are found in section 14A(3)(d) of the Occupational Safety and Health Act 1984, which provides for such information to come from the Mining Industry Advisory Committee. This process was followed with these amendments. (3) Proposed section 102AA will be inserted to maintain parity with the Occupational Safety and Health Act 1984 and the regulations made under that act, which provide for a review by the tribunal of decisions of the commissioner made pursuant to both the OSH act and regulations. A head of power will be inserted as section 104(1)(zo) of the Mines Safety and Inspection Act to make provision for such reviewable decisions to be designated under the regulations. Currently, no such reviewable decisions are specified in the regulations.
On behalf of the minister representing the Minister for Employment Protection, I thank the member for some notice of this question. (1) There is no intent to prevent the appointment of a single exploration manager for the state. In fact, section 47 of the act will now provide increased flexibility as there is an ability to appoint a single exploration manager for the state or multiple exploration managers for multiple exploration operations. (2) The means provided under the law of the state for recommendations regarding the formulation, amendment or repeal of laws relating to mining occupational health and safety are found in section 14A(3)(d) of the Occupational Safety and Health Act 1984, which provides for such information to come from the Mining Industry Advisory Committee. This process was followed with these amendments. (3) Proposed section 102AA will be inserted to maintain parity with the Occupational Safety and Health Act 1984 and the regulations made under that act, which provide for a review by the tribunal of decisions of the commissioner made pursuant to both the OSH act and regulations. A head of power will be inserted as section 104(1)(zo) of the Mines Safety and Inspection Act to make provision for such reviewable decisions to be designated under the regulations. Currently, no such reviewable decisions are specified in the regulations.
(1) There is no intent to prevent the appointment of a single exploration manager for the state. In fact, section 47 of the act will now provide increased flexibility as there is an ability to appoint a single exploration manager for the state or multiple exploration managers for multiple exploration operations. (2) The means provided under the law of the state for recommendations regarding the formulation, amendment or repeal of laws relating to mining occupational health and safety are found in section 14A(3)(d) of the Occupational Safety and Health Act 1984, which provides for such information to come from the Mining Industry Advisory Committee. This process was followed with these amendments. (3) Proposed section 102AA will be inserted to maintain parity with the Occupational Safety and Health Act 1984 and the regulations made under that act, which provide for a review by the tribunal of decisions of the commissioner made pursuant to both the OSH act and regulations. A head of power will be inserted as section 104(1)(zo) of the Mines Safety and Inspection Act to make provision for such reviewable decisions to be designated under the regulations. Currently, no such reviewable decisions are specified in the regulations.
(2) The means provided under the law of the state for recommendations regarding the formulation, amendment or repeal of laws relating to mining occupational health and safety are found in section 14A(3)(d) of the Occupational Safety and Health Act 1984, which provides for such information to come from the Mining Industry Advisory Committee. This process was followed with these amendments. (3) Proposed section 102AA will be inserted to maintain parity with the Occupational Safety and Health Act 1984 and the regulations made under that act, which provide for a review by the tribunal of decisions of the commissioner made pursuant to both the OSH act and regulations. A head of power will be inserted as section 104(1)(zo) of the Mines Safety and Inspection Act to make provision for such reviewable decisions to be designated under the regulations. Currently, no such reviewable decisions are specified in the regulations.
(3) Proposed section 102AA will be inserted to maintain parity with the Occupational Safety and Health Act 1984 and the regulations made under that act, which provide for a review by the tribunal of decisions of the commissioner made pursuant to both the OSH act and regulations. A head of power will be inserted as section 104(1)(zo) of the Mines Safety and Inspection Act to make provision for such reviewable decisions to be designated under the regulations. Currently, no such reviewable decisions are specified in the regulations.
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