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WORK HEALTH AND SAFETY ACT 2011 - SCHEDULE 1

SCHEDULE 1 – Application of Act

Part 1 - Dangerous goods and high risk plant

1 Application to storage and handling of dangerous goods

(1) This Act applies to the storage and handling of dangerous goods even if the dangerous goods are not at a workplace or for use in carrying out work.
(2) For subsection (1)
(a) a reference in this Act to carrying out work includes a reference to the storage or handling of dangerous goods; and
(b) a reference in this Act to a workplace includes a reference to the premises at or in which the dangerous goods are stored or handled; and
(c) a reference in this Act to work health and safety (however expressed) includes a reference to public health and safety.
(3) This Act applies to the operation or use of high risk plant, affecting public safety, even if the plant is not situated, operated or used at a workplace or for use in carrying out work.
(4) For subsection (3)
(a) a reference in this Act to carrying out work includes a reference to the operation and use of high risk plant affecting public safety; and
(b) a reference in this Act to a workplace includes a reference to any high risk plant affecting public safety and the premises at or in which the plant is situated or used; and
(c) a reference in this Act to work health and safety (however expressed) includes a reference to public health and safety.
(5) The operation of this section is subject to any exclusions or modifications prescribed under a regulation.
(6) In this section—

"ADG Code" means the Australian Code for the Transport of Dangerous Goods by Road and Rail approved by the Australian Transport Council, as in force from time to time.

"air conditioning unit" means a unit of plant that provides air conditioning and that either—
(a) incorporates a cooling tower; or
(b) consists of 1 or more compressors and the power rating required for operation of the air conditioning unit is 50kW or more.

"amusement device" means a device—
(a) used for commercial purposes; and
(b) used or designed to be used for amusement, games, recreation, sightseeing or entertainment, and on which persons may be carried, raised, lowered or supported by any part of the device (including, for example, any car, carriage, platform, cage, boat, plank, chair, seat or thing) while the part of the device is in motion.

"asbestos" means the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock-forming minerals, including the following—
(a) actinolite asbestos;
(b) grunerite (or amosite) (brown) asbestos;
(c) anthophyllite asbestos;
(d) chrysotile (white);
(e) crocidolite (blue);
(f) tremolite asbestos;
(g) a mixture containing 1 or more of the minerals mentioned in paragraphs (a) to (f).
Note—
Paragraphs (a) , (b) , (c) and (f) mention mineral silicates that use the same mineral term for both the asbestiform and nonasbestiform varieties. The word ‘asbestos’ has been included when listing these minerals to emphasise that only the asbestiform habit of these minerals is regulated as asbestos.

"cooling tower" means a device for lowering the temperature of water by evaporative cooling in which atmospheric air passes through sprayed water exchanging heat, and includes a device incorporating a refrigerant or water heat exchanger.

"dangerous goods" means—
(a) asbestos; or
(b) anything defined under the ADG Code as—
(i) dangerous goods; or
(ii) goods too dangerous to be transported.

"escalator" means a power driven inclined continuous stairway used for raising or lowering passengers, and includes a moving walkway.

"high risk plant" means the following—
(a) air conditioning unit;
(b) amusement device;
(c) cooling tower;
(d) escalator;
(e) lift;
(f) LP gas cylinder.

"lift" means any machinery—
(a) having a platform or cage the direction or movement of which is restricted by a guide or guides; and
(b) used or designed for use for raising or lowering persons, goods or materials (and includes any and all machinery, supports, and enclosures) and all equipment of them (whether or not detachable) used or designed for use for operating a lift.

"LP gas cylinder" means a cylinder with a water capacity of more than 0.1kg that contains liquefied petroleum gas under pressure.

Part 2 - Relationship with other Acts

Division 1 - Mining safety and related matters

1 Definition for div 1

In this division—

"P&G Act" means the Petroleum and Gas (Production and Safety) Act 2004 .

2 Relationship with mining Acts

(1) This Act does not apply to—
(a) a coal mine to which the Coal Mining Safety and Health Act 1999 applies; or
(b) a mine to which the Mining and Quarrying Safety and Health Act 1999 applies; or
(c) subject to subsections (2) and (3) , operating plant under the P&G Act, other than specified P&G Act authorised activity, for any of the following—
(i) a 1923 Act petroleum tenure under the Petroleum Act 1923 ;
(ii) a petroleum authority under the P&G Act;
(iii) a GHG authority under the Greenhouse Gas Storage Act 2009 ;
(iv) a geothermal tenure under the Geothermal Energy Act 2010 ;
(v) a mining tenement under the Mineral Resources Act 1989 .
(2) Despite subsection (1) (c)
(a) this Act applies to construction work for operating plant under the P&G Act, unless the work is—
(i) the commissioning of an operating plant; or
(ii) the process called ‘rigging up and down’ of a drill rig; and
(b) both this Act and the P&G Act apply to construction work for a stage of operating plant or proposed operating plant mentioned in section 672 (2) of that Act, unless the work is work mentioned in paragraph (a) (i) or (ii) .
(3) Despite subsection (1) (c) , a regulation under this Act applying in relation to a hazardous chemical or major hazard facility applies in relation to the chemical or facility even though it is at, or is, operating plant excluded from the application of this Act by subsection (1) (c) .
(4) Subject to subsection (3) , if this Act, for a health and safety matter, conflicts with the P&G Act, that Act prevails to the extent of the inconsistency.
(5) This section is subject to schedule 2 , part 4 , division 2 .
(6) In this section—

"hazardous chemical" means a hazardous chemical under a regulation.

"major hazard facility" means a major hazard facility under a regulation.

"specified P&G Act authorised activity" means an authorised activity mentioned in the P&G Act, section 670 (6) that is not operating plant under the P&G Act, because of section 670 (7) (b) of that Act.

3 Relationship with P&G Act relating to design or manufacture of operating plant

(1) This section applies if—
(a) this Act, in the absence of this section, would have application to a matter, relating to the design or construction of proposed operating plant under the P&G Act, that impacts on the integrity or safe use of the plant; and
(b) the P&G Act also has application to the matter.
(2) This Act does not have application to the matter to the extent that the P&G Act has application to the matter.

Division 2 - Electrical safety

4 Relationship with Electrical Safety Act 2002

(1) This section applies if—
(a) this Act, in the absence of this section, would have application in particular circumstances; and
(b) the Electrical Safety Act 2002 also has application in the circumstances.
(2) This Act does not have application in the circumstances to the extent that the Electrical Safety Act 2002 has application.
Example for subsection (2)—
Section 19 (1) of this Act provides, among other matters, for circumstances in which a duty is imposed on a person who conducts a business or undertaking to ensure, so far as reasonably practicable, the health and safety of workers mentioned in the section while the workers are at work in the business or undertaking.
The Electrical Safety Act 2002 , section 30 (1) , provides for circumstances (the
"electrical safety circumstances" ) in which a duty is imposed on that person to ensure the person’s business or undertaking is conducted in a way that is electrically safe.
Accordingly, the duty under section 19 (1) of this Act to the extent it is mentioned above, that apart from this section would apply to the electrical safety circumstances, does not include a duty to ensure the person’s business or undertaking is conducted in a way that is electrically safe.

Division 3 - Rail safety

5 Relationship with Rail Safety National Law (Queensland)

(1) This section applies if—
(a) this Act, in the absence of this section, would apply in particular circumstances; and
(b) the Rail Safety National Law (Queensland) , part 3 , division 3 also applies in the circumstances.
(2) This Act does not apply in the circumstances to the extent that the Rail Safety National Law (Queensland) , part 3 , division 3 applies.
Note—
See the Rail Safety National Law (Queensland) , part 3 , division 2 for an explanation of the operation of that Law and this Act in circumstances in which both that Law and this Act apply.
Example for subsection (2)—
Section 19 (1) of this Act provides, among other matters, for circumstances in which a duty is imposed on a person who conducts a business or undertaking to ensure, so far as is reasonably practicable, the health and safety of workers mentioned in the section while the workers are at work in the business or undertaking.
The Rail Safety National Law (Queensland) , part 3 , division 3 also provides for circumstances (the
"rail safety circumstances" ) in which a duty is imposed on a rail transport operator to ensure, so far as is reasonably practicable, the safety of rail safety workers while at work in the operator’s railway operations.
Accordingly, the duty under section 19 (1) of this Act that, apart from this section, would apply in the rail safety circumstances does not include a duty to ensure, so far as is reasonably practicable, the safety of rail safety workers while at work in the operator’s railway operations.

Division 4 - Recreational water activities

6 Relationship with Safety in Recreational Water Activities Act 2011

(1) This section applies if—
(a) this Act, in the absence of this section, would have application in particular circumstances; and
(b) the Safety in Recreational Water Activities Act 2011 , section 16 also has application in the circumstances.
(2) This Act does not have application in the circumstances to the extent that the Safety in Recreational Water Activities Act 2011 , section 16 has application.
Example for subsection (2)—
Section 19 of this Act provides, among other matters, for circumstances in which a duty is imposed on a person who conducts a business or undertaking to ensure, so far as reasonably practicable, the health and safety of persons mentioned in the section.
If the business or undertaking provides recreational water activities, the Safety in Recreational Water Activities Act 2011 , section 16 , provides that a duty is imposed on the person conducting the business or undertaking to ensure it is conducted in a way that ensures the health and safety of persons for whom the activities are provided.
Accordingly, the duty under section 19 (1) of this Act continues to apply to persons covered by section 19 (for example, workers) for whom the recreational water activities are not being provided, and the Safety in Recreational Water Activities Act 2011 applies to the persons for whom the recreational water activities are provided.

Division 5 - Other legislation

7 Generally

(1) Subject to divisions 1 to 4 , a person on whom a health and safety duty is imposed must discharge the duty even though another Act may prescribe a lesser duty in the same circumstances.
(2) This Act does not limit the following—
(a) the Explosives Act 1999 ;
(b) the Heavy Vehicle National Law (Queensland);
(c) the Public Safety Preservation Act 1986 ;
(d) the Radiation Safety Act 1999 ;
(e) the Transport Operations (Marine Safety) Act 1994 ;
(f) the Transport Operations (Road Use Management) Act 1995 .
(3) Subject to subsection (1) , to the extent to which an Act or Law mentioned in subsection (2) is inconsistent with this Act, that Act or Law prevails.



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