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MINING AND OTHER LEGISLATION AMENDMENT ACT 2007 NO. 46
TABLE OF PROVISIONS
Contents
Part 1--Preliminary
1. Short title
2. Commencement
Part 2--Amendment of Coal and Oil Shale Mine Worker's Superannuation Act 1989
3. Act amended in pt 2
4. Amendment of s 4 (Contributions to superannuation fund)
Part 3--Amendment of Coal Mining Safety and Health Act 1999
5. Act amended in pt 3
6. Amendment of s 34 (Discharge of obligations)
7. Amendment of s 78 (Membership of council)
8. Amendment of s 79 (Organisations to submit names to Minister)
9. Amendment of s 80 (Appointment of members)
10. Amendment of s 81 (Duration of appointment)
11. Insertion of new s 83A
12. Amendment of pt 9 hdg (Inspectors and inspection officers and directives)
13. Insertion of new s 127A
14. Renumbering of pt 9, divs 2-4
15. Insertion of new pt 9, div 2 and pt 9, div 3 hdg
16. Amendment of s 130 (Identity cards)
17. Amendment of s 132 (Production or display of identity card)
18. Replacement of pt 9, div 4 hdg, as renumbered (Powers of inspectors and inspection officers)
19. Renumbering of pt 9, div 4, as renumbered, sdiv 1-7
20. Insertion of new pt 9, div 4, as renumbered, sdiv 1
21. Amendment of s 134 (Consent to entry)
22. Amendment of s 139 (General powers after entering coal mine or other places)
23. Amendment of s 142 (Site senior executive must help inspector or inspection officer)
24. Amendment of s 143 (Seizing evidence at coal mine or other place)
25. Amendment of s 145 (Tampering with things subject to seizure)
26. Amendment of s 150 (Access to things that have been seized)
27. Amendment of s 151 (Inspector may stop and secure plant and equipment)
28. Amendment of s 154 (Power to require production of documents)
29. Amendment of s 173 (Records must be kept)
30. Amendment of s 179 (False and misleading statements)
31. Amendment of s 180 (False or misleading documents)
32. Amendment of s 181 (Obstructing inspectors, inspection officers or industry safety and health representatives)
33. Amendment of s 198 (Notice of accidents, incidents or diseases)
34. Amendment of s 243 (Who may appeal)
35. Amendment of s 250 (Proof of appointments and authority unnecessary)
36. Amendment of s 251 (Proof of signatures unnecessary)
37. Amendment of s 252 (Evidentiary aids)
38. Amendment of s 268 (Person not to encourage refusal to answer questions)
39. Amendment of s 269 (Impersonating inspector or inspection officers and others)
40. Amendment of s 270 (Protection for officers)
41. Amendment of s 276 (Protection from liability)
42. Amendment of sch 2 (Subject matter for regulations)
43. Amendment of sch 3 (Dictionary)
Part 3A--Amendment of Environmental Protection Act 1994
43A. Act amended in pt 3A
43B. Insertion of new ch 12, pt 4A
Part 4--Amendment of Explosives Act 1999
44. Act amended in pt 4
45. Insertion of new s 4A
46. Amendment of s 15 (Inquiries about person's appropriateness)
47. Amendment of s 32 (General duty of care)
48. Replacement of s 43 (Selling explosives in public places prohibited)
49. Insertion of new s 123A
50. Amendment of pt 10, hdg (Transitional provisions)
51. Insertion of new pt 11
52. Amendment of sch 2 (Dictionary)
Part 5--Amendment of Geothermal Exploration Act 2004
53. Act amended in pt 5
54. Amendment of s 26 (Deciding whether to grant permit)
55. Amendment of s 29 (Power to impose tenure conditions)
56. Replacement of ch 4, pt 3, hdg (Security)
57. Amendment of s 55 (Replenishment of security)
58. Amendment of s 55A (Replacement of security)
59. Amendment of s 106 (Direction to give statement of financial and technical resources)
60. Amendment of s 124 (Access to register)
61. Insertion of new ss 124A and 124B
62. Insertion of new s 138A
63. Amendment of schedule (Dictionary)
Part 6--Amendment of Mineral Resources Act 1989
64. Act amended in pt 6
65. Omission of s 6D (Notes in text)
66. Amendment of s 133 (Application for exploration permit)
67. Amendment of s 183 (Application for mineral development licence)
68. Amendment of s 231C (Application for mineral development licence (183))
69. Amendment of s 245 (Application for grant of mining lease)
70. Replacement of s 286B (Chief executive must give copy of application to EPA administering authority)
71. Amendment of pt 7AA, div 2, sdiv 3, hdg (Provisions for splitting application in particular circumstances)
72. Amendment of s 318AQ (Requirement to split application if it relates to petroleum lease and authority to prospect not held by same person)
73. Amendment of s 318AR (Power to split application if it includes other land)
74. Omission of s 318AS (Power to split application at applicant's request)
75. Amendment of s 318AT (Applicant's obligations)
76. Amendment of s 318BQ (Requirement to split application if it relates to petroleum lease and authority to prospect not held by same person)
77. Amendment of s 318BR (Power to split application if it includes other land)
78. Omission of s 318BS (Power to split application at applicant's request)
79. Replacement of ss 318BY and 318BZ
80. Amendment of s 318CB (Restriction on issuing certificate of public notice and additional requirements for grant)
81. Replacement of ss 318CE and 318CF
82. Amendment of s 318CU (Obligation to measure and record coal seam gas mined)
83. Amendment of s 318CV (Obligation to lodge annual reports)
84. Amendment of s 318DJ (Applied provisions for renewal application)
85. Amendment of s 318EB (Obligation to lodge proposed later development plan)
86. Amendment of s 319 (Effect on development)
87. Amendment of s 387 (Registers to be maintained)
88. Insertion of new ss 387A-387C
89. Amendment of s 391B (Right of access for authorised activities includes access for rehabilitation and environmental management)
90. Insertion of new s 404E
91. Insertion of new s 416B
91A. Insertion of new s 418AA
92. Amendment of s 672 (Fixing of date for combined hearing)
93. Amendment of s 747 (Continuation of particular rights relating to coal seam gas under mineral hydrocarbon mining leases)
94. Insertion of new pt 19, div 9
95. Amendment of schedule (Dictionary)
Part 7--Amendment of Mining And Quarrying Safety and Health Act 1999
96. Act amended in pt 7
97. Amendment of s 31 (Discharge of obligations)
98. Amendment of s 69 (Membership of council)
99. Amendment of s 70 (Organisations to submit names to Minister)
100. Amendment of s 71 (Appointment of members)
101. Amendment of s 72 (Duration of appointment)
102. Insertion of new s 74A
103. Amendment of s 92 (Functions of site safety and health representatives)
104. Amendment of pt 9 hdg (Inspectors and inspection officers and directives)
105. Insertion of new s 124A
106. Renumbering of pt 9, divs 2-4
107. Insertion of new pt 9, div 2 and pt 9, div 3 hdg
108. Amendment of s 127 (Identity cards)
109. Amendment of s 129 (Production or display of identity card)
110. Replacement of pt 9, div 4 hdg, as renumbered (Powers of inspectors and inspection officers)
111. Renumbering of pt 9, div 4, as renumbered, sdiv 1-7
112. Insertion of new pt 9, div 4, as renumbered, sdiv 1
113. Amendment of s 131 (Consent to entry)
114. Amendment of s 136 (General powers after entering mine or other places)
115. Amendment of s 139 (Site senior executive must help inspector or inspection officer)
116. Amendment of s 142 (Tampering with things subject to seizure)
117. Amendment of s 147 (Access to things that have been seized)
118. Amendment of s 148 (Inspector may stop and secure plant and equipment)
119. Amendment of s 151 (Power to require production of documents)
120. Amendment of s 170 (Records must be kept)
121. Amendment of s 176 (False and misleading statements)
122. Amendment of s 177 (False or misleading documents)
123. Amendment of s 178 (Obstructing inspectors, inspection officers or district worker's representatives)
124. Amendment of s 195 (Notice of accidents, incidents or diseases)
125. Amendment of s 223 (Who may appeal)
126. Amendment of s 229 (Proof of appointments and authority unnecessary)
127. Amendment of s 230 (Proof of signatures unnecessary)
128. Amendment of s 231 (Evidentiary aids)
129. Amendment of s 247 (Person not to encourage refusal to answer questions)
130. Amendment of s 248 (Impersonating inspector or inspection officers and others)
131. Amendment of s 249 (Protection for officers)
132. Amendment of s 256 (Protection from liability)
133. Amendment of s 262 (Regulation-making power)
134. Amendment of sch 2 (Dictionary)
Part 8--Amendment of Petroleum Act 1923
135. Act amended in pt 8 and schedule
136. Omission of s 7B (Notes in text)
137. Amendment of s 25L (Conditions for renewal application)
138. Amendment of s 40 (Lease to holder of authority to prospect)
139. Amendment of s 45 (Entitlement to renewal of lease)
140. Amendment of s 48 (Commencement of drilling)
141. Amendment of s 53B (Plan period)
142. Omission of s 54 (Signing of applications)
143. Amendment, relocation and renumbering of s 57 (Ascertainment of value)
144. Amendment of s 74K (Obligation to lodge proposed later work program)
145. Amendment of s 74Q (Obligation to lodge proposed later development plan)
146. Insertion of new s 75AA
147. Amendment of s 75IM (Lodging report)
148. Amendment of s 75IW (Obligation to lodge monitoring reports)
149. Amendment of s 75IX (Obligation to lodge review reports)
150. Amendment of s 75U (Obligation to decommission)
151. Amendment of s 75Y (Notice about discovery and commercial viability)
152. Omission of s 76F (Obligation to lodge annual reports)
153. Amendment of s 78J (Security not affected by change in holder)
154. Amendment of s 80C (Access to register)
155. Insertion of new ss 80CA and 80CB
156. Amendment of s 80E (What is a permitted dealing)
157. Omission of s 80F (Dealings other than permitted dealings of no effect)
158. Amendment of s 80I (Applying for approval)
159. Replacement of s 142 (All statements to be verified)
Part 9--Amendment of Petroleum and Gas (Production and Safety) Act 2004
160. Act amended in pt 9 and schedule
161. Amendment of s 15 (When petroleum is produced)
162. Omission of ch 1, pt 3, div 3 (Other matters relating to interpretation)
163. Amendment of s 32 (Exploration and testing)
164. Amendment of s 59 (Restrictions on amending work program)
165. Amendment of s 60 (Applying for approval to amend)
166. Amendment of s 79 (Obligation to lodge proposed later work program)
167. Amendment of s 159 (Obligation to lodge proposed later development plan)
168. Amendment of s 234 (Arrangement to coordinate petroleum activities)
169. Amendment of s 256 (Lodging report)
170. Amendment of s 266 (Obligation to lodge monitoring reports)
171. Amendment of s 267 (Obligation to lodge review reports)
172. Amendment of s 292 (Obligation to decommission)
173. Amendment of ch 3, pt 2, div 1, sdiv 3, hdg (Provisions for splitting application in particular circumstances)
174. Amendment of s 307 (Requirement to split application if it relates to coal or oil shale mining tenements not held by the same person)
175. Replacement of s 308 (Power to split application if it includes other land)
176. Omission of s 309 (Power to split application at applicant's request)
177. Amendment of s 335 (Requirement to split application if it relates to coal or oil shale mining tenements not held by the same person)
178. Amendment of s 336 (Power to split application if it includes other land)
179. Omission of s 337 (Power to split application at applicant's request)
180. Replacement of s 346 (Power to split application if it includes other land)
181. Omission of s 347 (Power to split application at applicant's request)
182. Replacement of s 354 (Power to split application if it includes other land)
183. Omission of s 355 (Power to split application at applicant's request)
184. Amendment of s 386 (Requirements for consultation with particular coal or oil shale mining tenement holders)
185. Amendment of s 389 (Exemption from additional content requirements)
186. Amendment, relocation and renumbering of s 408 (Notice of proposed application to relevant local government)
187. Amendment of s 409 (Requirements for making application)
188. Replacement of s 411 (Public notice requirement)
189. Amendment of s 419 (Obligation to construct pipeline)
190. Insertion of new s 419A
191. Amendment of s 420 (Notice of completion of pipeline)
192. Amendment, relocation and renumbering of s 444 (Notice of proposed application to relevant local government)
193. Amendment of s 445 (Requirements for making application)
194. Amendment of s 458 (Process for taking land)
195. Amendment of s 493 (Security not affected by change in authority holder)
196. Amendment of s 539 (General provision about ownership while tenure or licence is in force for pipeline)
197. Amendment of s 544 (Notice by petroleum tenure holder about discovery and commercial viability)
198. Insertion of new s 546A
199. Replacement of ch 5, pt 7, div 2, hdg (Reporting provisions for all petroleum authorities)
200. Replacement of s 552 (Obligation to lodge annual reports)
201. Insertion of new s 558A
202. Amendment of s 566 (Access to register)
203. Insertion of new ss 566A and 566B
204. Amendment of s 568 (What is a permitted dealing)
205. Amendment of s 569 (Prohibited dealings)
206. Amendment of s 570 (Conditions for permitted dealings)
207. Amendment of s 572 (Applying for approval)
208. Amendment of s 628 (Odour requirement)
209. Amendment of s 651 (Content requirements for annual measurement reports)
210. Amendment of s 670 (What is an operating plant)
211. Amendment of 671 (Limitation for facility or pipeline included in coal mining operation)
212. Amendment of s 673 (Who is the operator of an operating plant)
213. Insertion of new s 673A
214. Amendment of s 674 (Requirement to have safety management plan)
215. Amendment of s 675 (Content requirements for safety management plans)
216. Insertion of new s 675A
217. Amendment of s 679 (Notice by chief inspector)
218. Amendment of s 687 (Who is the executive safety manager of an operating plant)
219. Replacement of s 688 (Executive safety manager's general obligations)
220. Amendment of s 691 (Obligation to give information to coal or oil shale exploration tenement holder)
221. Amendment of s 698 (Owner must ensure operator is competent)
222. Amendment of s 705 (Application of sdiv 1)
223. Amendment of s 706 (Requirement to report prescribed incident)
224. Amendment of s 724 (Types of gas device)
225. Amendment of s 726 (Gas devices (type A))
226. Amendment of s 727 (Gas devices (type B))
227. Amendment of s 733 (Certification of gas device or gas fitting)
228. Amendment of s 780 (Power to give compliance direction)
229. Amendment of s 783 (Power to give dangerous situation direction)
230. Amendment of s 794 (Immediate suspension)
231. Amendment of s 801 (Petroleum producer's measurement obligations)
232. Amendment of s 815 (Fuel gas suppliers must not use other supplier's containers)
233. Insertion of new s 858A
234. Amendment of s 893 (Application of sdiv 1)
235. Amendment of s 910 (Renewal application provisions apply for making and deciding grant application)
236. Insertion of new ch 15, pt 6
237. Amendment of sch 2 (Dictionary)
Part 10--Amendment of Workplace Health and Safety Act 1995
238. Act amended in pt 10
239. Amendment of s 3 (Application of Act)
240. Insertion of new s 3B
Part 11--Minor amendments
241. Acts amended in schedule
SCHEDULE MINOR AMENDMENTS
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