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        Contents
 
PART 1: Preliminary
 s1.. Name of Act
 s2.. Commencement
 s3.. Definitions
 s4.. Notes
Part 2
Part 3
Part 4
Part 5
Schedule 1
Schedule 2
Schedule 3
Schedule 4
Schedule 5
Schedule 6
Schedule 7
Schedule 8

  Related documents and pages                          

  1. Coal Industry Act 2001 (NSW)
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  Coal Industry Act 2001 No 107 (NSW) List of acts
 

An Act to provide for the dissolution of the Joint Coal Board and the Mines Rescue Board; to provide for the exercise of the functions of those dissolved bodies by one or more companies registered under the Corporations Act 2001 of the Commonwealth and approved by the Minister; to repeal the Mines Rescue Act 1994 and amend the Coal Industry Act 1946; to make consequential amendments to other Acts; and for other purposes.

Part 1: Preliminary

 

1.   Name of Act

 

This Act is the Coal Industry Act 2001.

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2.    Commencement

 

This Act commences on a day or days to be appointed by proclamation.

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3.   Definitions

 

In this Act:

 

approved company means a company approved under section 9.

 

assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.

 

Brigade means the Mines Rescue Brigade established by this Act.

 

CFMEU means the Construction Forestry Mining and Energy Union registered under the Workplace Relations Act 1996 of the Commonwealth or any body succeeding or replacing that body.

 

coal includes oil shale and kerosene shale, but does not include peat.

 

Corporations Act means the Corporations Act 2001 of the Commonwealth.

 

dissolution date means the date on which section 4 (1) of the Coal Industry Repeal Act 2001 of the Commonwealth commences.

 

emergency means an emergency due to an actual or imminent occurrence (such as fire, explosion, accident or flooding) that has resulted in the death of, or injury to, a person or is endangering or is threatening to endanger the life or physical well-being of a person.

 

exercise a function includes perform a duty.

 

former members of the JCB staff means the members of staff of the Joint Coal Board immediately before the dissolution of that Board.

 

former 1994 Act means the Mines Rescue Act 1994.

 

function includes a power, authority or duty.

 

inspector means an employee of an approved company appointed as an inspector as referred to in section 25.

 

Joint Coal Board means the body corporate constituted in pursuance of the Coal Industry Act 1946 and the Coal Industry Act 1946 of the Commonwealth.

 

liabilities means all liabilities, debts and obligations (whether present or future and whether vested or contingent).

 

mine means any pit or other place where mining is carried on or which is being developed for mining to be carried on, and includes a quarry and a salt-pan (whether occurring naturally or created artificially) and also includes any place, located at or in the vicinity of the mine, where material extracted from the mine is processed.

 

Minerals Council means the New South Wales Minerals Council Limited (ACN 002 500 316).

 

Mines Rescue Board means the corporation constituted by the former 1994 Act.

 

mines rescue company means the company for the time being approved under section 9 to exercise the functions referred to in section 10 (1) (k) (that is, functions under Division 3 of Part 3 and Part 4).

 

mining means extracting material from land for the purpose of recovering coal or other minerals from the material or of rehabilitating land from which any such material has been extracted, and includes the following:

 

(a)     loading, conveying and unloading any such material,

(b)     operating a coal preparation plant,

(c)     quarrying.

 

Ministerial Holding Corporation means the corporation constituted under section 37B of the State Owned Corporations Act 1989.

 

owner of a mine means any person who is the immediate proprietor, lessee or occupier of the mine, and includes:

 

(a)     if the mine is being worked by a person who is a liquidator, provisional liquidator, administrator, controller or other person authorised by law to carry on the business of working the mine—that person, or

(b)     if the mine belongs to, or is held in trust for, the Crown or a statutory authority—the Crown or that statutory authority, or

(c)     if the mine is being worked by a contractor—that contractor, but does not include a person who:

(d)     merely receives a royalty or rent from the mine, or

(e)     is merely the owner or lessee of the mine, subject to a lease, grant or licence to, or contract with, another person to work it, or

(f)      is merely the owner of the soil in the mine,

 

and who is not otherwise interested in the coal or other minerals in the mine.

 

rights means all rights, powers, privileges and immunities (whether present or future and whether vested or contingent).

 

Tribunal means the Administrative Decisions Tribunal established by the Administrative Decisions Tribunal Act 1997.

 

underground coal mine means a coal mine in which persons are employed underground while the mine is being worked.

 

workers compensation company means the company for the time being approved under section 9 to exercise the functions referred to in section 10 (1) (m).

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4.   Notes

 

Notes included in this Act do not form part of this Act.

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