❓ Hon Robin Chapple questions the Minister for Mines and Petroleum regarding the purpose and importance of sections 78 and 79 of the Mines Safety and Inspection Act 1994, concerning the reporting of mining incidents and potential hazards. The Minister's response clarifies the sections' purpose, the importance of compliance for evidence collection and prevention, and the penalties for non-compliance.
AnsweredQoN 2593Legislative Council
QuestionView source ↗
I refer to the
Mines Safety and Inspection Act 1994
, and ask -
(1) Can the Minister explain what the purpose of section 78 of the
Mines Safety and Inspection Act 1994
is?
(2) If no to (1), why not?
(3) Can the Minister explain what the purpose of section 79 of the
Mines Safety and Inspection Act 1994
is?
(4) If no to (3), why not?
(5) Can the Minister explain how important it is for the Department of Mines and Petroleum (DMP), to have compliance with section 78 of the
Mines Safety and Inspection Act 1994
?
(6) If no to (5), why not?
(7) Can the Minister state why it is important for the DMP to have compliance with section 79 of the
Mines Safety and Inspection Act 1994
?
(8) If no to (7), why not?
(9) What is the maximum penalty that can be imposed under the legislation for a failure to comply with sections 78 or 79?
Mines Safety and Inspection Act 1994
, and ask -
(1) Can the Minister explain what the purpose of section 78 of the
Mines Safety and Inspection Act 1994
is?
(2) If no to (1), why not?
(3) Can the Minister explain what the purpose of section 79 of the
Mines Safety and Inspection Act 1994
is?
(4) If no to (3), why not?
(5) Can the Minister explain how important it is for the Department of Mines and Petroleum (DMP), to have compliance with section 78 of the
Mines Safety and Inspection Act 1994
?
(6) If no to (5), why not?
(7) Can the Minister state why it is important for the DMP to have compliance with section 79 of the
Mines Safety and Inspection Act 1994
?
(8) If no to (7), why not?
(9) What is the maximum penalty that can be imposed under the legislation for a failure to comply with sections 78 or 79?
AnswerView source ↗
Answered
12 August 2010
Responded by
Minister for Mines and Petroleum
Response time
43 days
(1) Section 78 of the
Mines Safety and Inspection Act 1994
ensures that certain prescribed occurrences are formally recorded and relevant information is forwarded to the inspectorate.
The prescribed occurrences are -
(a) Any extensive subsidence, settlement or fall of ground or any major collapse of any part of the operations of a mine, or any earth movement caused by a seismic event; or
(b) Any outbreak of fire above or below ground in any mine; or
(c) Any breakage of a rope, cable, chain or other gear by which persons are raised or lowered; or
(d) Any inrush of water from old underground operations or other source; or
(e) Any accidental ignition of dust below ground or the discovery of the presence of potentially harmful or asphyxiant gas or any outburst of such gas in any part of a mine; or
(f) Any accidental ignition or detonation of explosives, or any delayed or fast ignition of explosives; or
(g) Any explosion or bursting of compressed air receivers, boilers, or pressure vessels; or
(h) Every electric shock or burn to a person and every dangerous occurrence involving electricity; or
(i) Any incidence of a person being affected by poisoning or exposure to toxic gas or fumes; or
(j) Any loss of control of heavy earth moving equipment, including failure of braking or steering.
(2) Not applicable
(3) Section 79 of the
Mines Safety and Inspection Act 1994
ensures that the Department is informed of any occurrences at a mine which in the opinion of the mine manager had the potential to cause serious injury or harm to health even if any such injury or harm did not actually happen.
This Section also provides the power for a District Inspector to request a written report if that is considered necessary.
(4) Not applicable
(5) It is important to the Department that timely notification is received so that appropriate action can be taken before potential evidence is compromised. The collection of evidence and its evaluation are essential in the prevention of future incidents and accidents.
(6) Not applicable
(7) Refer to Answer 5
(8) Not applicable
(9) A Level 1 penalty would apply for a proven failure to comply with these sections of the legislation. The maximum penalty for a subsequent offence by a corporation is $62,500.00.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
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Mines Safety and Inspection Act 1994
ensures that certain prescribed occurrences are formally recorded and relevant information is forwarded to the inspectorate.
The prescribed occurrences are -
(a) Any extensive subsidence, settlement or fall of ground or any major collapse of any part of the operations of a mine, or any earth movement caused by a seismic event; or
(b) Any outbreak of fire above or below ground in any mine; or
(c) Any breakage of a rope, cable, chain or other gear by which persons are raised or lowered; or
(d) Any inrush of water from old underground operations or other source; or
(e) Any accidental ignition of dust below ground or the discovery of the presence of potentially harmful or asphyxiant gas or any outburst of such gas in any part of a mine; or
(f) Any accidental ignition or detonation of explosives, or any delayed or fast ignition of explosives; or
(g) Any explosion or bursting of compressed air receivers, boilers, or pressure vessels; or
(h) Every electric shock or burn to a person and every dangerous occurrence involving electricity; or
(i) Any incidence of a person being affected by poisoning or exposure to toxic gas or fumes; or
(j) Any loss of control of heavy earth moving equipment, including failure of braking or steering.
(2) Not applicable
(3) Section 79 of the
Mines Safety and Inspection Act 1994
ensures that the Department is informed of any occurrences at a mine which in the opinion of the mine manager had the potential to cause serious injury or harm to health even if any such injury or harm did not actually happen.
This Section also provides the power for a District Inspector to request a written report if that is considered necessary.
(4) Not applicable
(5) It is important to the Department that timely notification is received so that appropriate action can be taken before potential evidence is compromised. The collection of evidence and its evaluation are essential in the prevention of future incidents and accidents.
(6) Not applicable
(7) Refer to Answer 5
(8) Not applicable
(9) A Level 1 penalty would apply for a proven failure to comply with these sections of the legislation. The maximum penalty for a subsequent offence by a corporation is $62,500.00.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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