Mines Rescue Act 2013

1: Title
This Act is the Mines Rescue Act 2013.
2: Commencement
This Act comes into force on 16 December 2013.
3: Purpose
1: The purpose of Part 1
2: The purpose of Part 2
4: Interpretation
1: In this Act authorised person section 13 board section 7 chief executive coal clause 1 department Act emergency response protocol section 19 financial year GST Goods and Services Tax Act 1985 incident controller section 20(1) licence or other permission mine operator
a: in respect of a mining operation carried out under a permit granted under the Crown Minerals Act 1991
i: the person appointed by the permit operator to manage and control the mining operation; or
ii: the permit operator, if no such person has been appointed:
b: in respect of a mining operation (not being a mining operation described in paragraph (a)) carried out under a licence or other permission,—
i: the person appointed to manage and control the mining operation by the person who holds the licence or other permission to carry out mining operations; or
ii: the person who holds the licence or other permission to carry out mining operations, if no such person has been appointed:
c: in any other case,—
i: the person appointed to manage and control the mining operation by the owner of the land where the mining operation is being carried out; or
ii: the owner of the land where the mining operation is being carried out, if no such person has been appointed mine worker mineral clause 1 mines rescue brigade Minister Act rescue station
a: means a site that serves as an operational base for the functions specified in section 8(a) to (c)
b: includes a site for the management and administration of the board tourist mining operation clause 1 WorkSafe section 5 WorkSafe New Zealand Act 2013
2: In Part 1 mining operation
a: means a mining operation (within the meaning of clause 2
i: associated with the extraction of coal; or
ii: associated with the extraction of minerals and where any person works below ground; but
b: only includes a tunnelling operation (within the meaning of clause 4
c: does not include a tourist mining operation.
3: In Part 2 emergency mining operation
a: means a mining operation (within the meaning of clause 2
b: only includes a tunnelling operation (within the meaning of clause 4
c: does not include a tourist mining operation. Section 4(1) coal amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 4(1) mineral amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 4(1) tourist mining operation amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 4(2) mining operation amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 4(2) mining operation amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 4(3) mining operation amended 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 4(3) mining operation amended 4 April 2016 section 232 Health and Safety at Work Act 2015
5: Act binds the Crown
This Act
6: Provisions affecting application of amendments to this Act
The Schedule see section 25
1: Mines Rescue Trust Board
7: Mines Rescue Trust Board
1: Subject to sections 8 9 Gazette Part 2 Act
2: The notice must specify a day on which the recognition is to take effect (the appointed day
8: Functions of board
The Minister must be satisfied that the board has the following functions:
a: providing training, equipment, and resources for mines rescue brigades to ensure that the brigades have the capacity and readiness to respond to emergencies in mining operations; and
b: assisting mine operators in emergency preparedness, including by developing, reviewing, and testing mine operators’ emergency management plans in mining operations; and
c: deploying mines rescue brigades and other resources, and providing advice to mine operators, during emergencies; and
d: for the purposes of performing the functions in paragraphs (a) to (c),—
i: establishing and maintaining rescue stations; and
ii: purchasing real property, goods, and services for rescue stations; and
iii: employing or engaging staff for rescue stations.
9: Membership of board
The Minister must be satisfied that the board comprises—
a: 1 person appointed by WorkSafe (who has no voting rights and is not counted for the purposes of determining whether or not a quorum is present at a meeting of the board); and
b: 2 people who represent mine operators of underground coal mines; and
c: 1 person who represents mine operators of opencast coal mines; and
d: 1 person who represents mine operators of underground metalliferous mines; and
e: 1 person who represents tunnelling operators; and
f: 1 person appointed by a union (within the meaning of the Employment Relations Act 2000
g: any other person appointed by the board. Cost recovery
10: Regulations imposing levies
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for the payment of a levy by mine operators to the board to enable the recovery of the direct and indirect costs of the board incurred in performing the functions specified in section 8(a), (b), and (d)
2: The regulations must—
a: specify how the levy rate or rates are calculated:
b: specify the mine operators or classes of mine operators responsible for paying the levy:
c: specify, if the levy is to be paid at different rates, the mine operators, mining operations, thing being extracted, or other things or the classes of mine operators, mining operations, thing being extracted, or other things to which the different rates apply:
d: specify when and how the levy is to be paid:
e: specify the persons or classes of persons, if any, exempt from paying the levy.
3: The regulations may specify how the levy rate or rates are calculated by specifying a formula for the calculation of the levy rate or rates (a levy formula
4: The levy formula may include a variable or variables based on the direct and indirect costs that the board expects to incur in performing the functions specified in section 8(a), (b), and (d) expected costs
5: If the regulations specify a levy formula that includes a variable or variables based on the expected costs, the board must, before the start of each financial year,—
a: determine the expected costs for that financial year; and
b: notify the expected costs—
i: in the Gazette
ii: on an Internet site free of charge; and
iii: directly to each mine operator known to the board (together with the levy rate payable by the mine operator for that financial year).
6: The regulations may—
a: specify the returns to be made to the board or some other person or body for the purpose of enabling or assisting the determination of amounts of levy payable:
b: specify the circumstances in which, and conditions subject to which, persons may be allowed extensions of time for paying the levy:
c: specify a method by which the levy may increase or decrease over time to reflect a relevant index published by Statistics New Zealand:
d: for the purpose of ascertaining whether the regulations are being complied with,—
i: require the keeping of accounts, statements, and records of a specified class or description by either or both of the board and the persons responsible for paying the levy; and
ii: require the retention of the accounts, statements, and records for a specified period:
e: provide for the establishment of a dispute resolution process for disputes relating to levies, including—
i: the appointment of persons to resolve the disputes; and
ii: the procedures to be followed by the persons; and
iii: the remuneration of the persons.
7: If, for a financial year, the amount of levy that has been paid to the board exceeds the board’s direct and indirect costs in performing the functions specified in section 8(a), (b), and (d)
8: Before making a recommendation under subsection (1), the Minister must consult the board and the persons responsible for paying the levy.
9: Before determining the expected costs under subsection (5)﻿(a), the board must consult the persons responsible for paying the levy.
10: Regulations under this section are secondary legislation ( see Part 3 2012 No 2 s 62 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 10(10) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
11: Board to account for levy
1: As soon as practicable after the end of a financial year in which a levy has been paid to the board, the board must prepare the following for the year:
a: a statement of the money paid to the board as levy in the year:
b: a statement of the assets the board has at the end of the year as a result of money paid as levy in the year, including any reserve held under section 10(7)
c: a statement of the board's receipt and expenditure of money paid as levy in the year, including expenditure of any reserve held under section 10(7)
d: all other statements necessary to show fully—
i: the board's financial position as a result of money paid as levy in the year; and
ii: the financial results of all of the board's activities involving the use of the money paid as levy in the year or the use of assets the board has at the end of the year as a result of money paid as levy in the year.
2: If, under section 10(5)﻿(a)
3: On or before 1 July after the end of a financial year, the board must—
a: ensure that the statements are independently audited; and
b: provide the audited statements to the chief executive and to levy payers.
4: The board may provide the audited statements to levy payers by making them available on an Internet site free of charge. 2012 No 2 s 63
12: Failure to pay levy
1: This section applies if a levy imposed by regulations made under section 10
2: The person responsible for paying the levy is liable to pay an additional amount equal to 10% of the amount unpaid.
3: The board may waive all or part of the amount of the additional amount if it is satisfied that the failure or refusal of a person to pay the original debt is a result of a genuine dispute as to the person's liability to pay the debt.
4: The board may recover a levy, and any additional amount payable under subsection (2), as a debt due in a court of competent jurisdiction. 2012 No 2 s 65
13: Power of inspection in relation to levy
1: An authorised person may exercise the powers specified in this section, at any reasonable time within business hours, for the purpose of ascertaining whether the requirements of any regulations relating to the levy are being met.
2: For the purposes of subsection (1), an authorised person has the power to—
a: enter any place that is not a dwelling house or marae—
i: on reasonable notice to the occupier; or
ii: without notice if giving notice would defeat the purpose of entry:
b: inspect and examine any books, accounts, records, or documents:
c: require any person to provide any information:
d: require a person to produce any books, accounts, records, or documents in the person's possession or control and allow copies of or extracts from them to be made or taken:
e: require a person to reproduce, or assist the authorised person to reproduce, in usable form any information recorded or stored electronically.
3: An authorised person exercising powers under this section in respect of a place must identify himself or herself as an authorised person—
a: before or on entry to the place; and
b: whenever reasonably required to do so by the apparent occupier after entry. 1992 No 97 s 8
14: Offences
1: Subsection (2) applies to—
a: any requirement to make returns or to keep accounts, statements, or records imposed by regulations made under section 10
b: a requirement under section 13(2)
2: A person must not, in relation to the requirement,—
a: without reasonable excuse, refuse or fail to comply with the requirement:
b: provide any information that the person knows, or ought to know, is materially false or misleading.
3: A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine not exceeding $2,000.
4: If a person contravenes subsection (2) while acting as an agent (including a contractor) or employee of another person (the principal 1992 No 97 s 9
15: Recovery of costs incurred in emergency
1: This section applies to direct and indirect costs incurred by the board in performing the function specified in section 8(c)
2: The costs are payable to the board by the mine operator of the mining operation where the emergency occurs and, if the mine operator fails to pay the costs, the board may recover the costs as a debt due in a court of competent jurisdiction.
3: Sections 10 to 14 Miscellaneous provisions
16: Appointment of commissioner
1: The Governor-General may, by Order in Council made on the recommendation of the Minister,—
a: appoint a commissioner to perform the functions specified in section 8
b: revoke the commissioner's appointment.
2: The Minister must not recommend the making of an order appointing a commissioner unless the Minister is satisfied, on reasonable grounds, that the board is not performing the functions specified in section 8
3: The Minister may recommend the making of an order revoking the appointment of a commissioner only if satisfied, on reasonable grounds, that—
a: the board is able to perform its functions without substantial difficulties; or
b: it is necessary to appoint a new commissioner.
4: While an order is in force under subsection (1)﻿(a),—
a: the commissioner has the functions specified in section 8
b: the board must not perform the functions. 1992 No 97 s 6
17: Protection from civil and criminal liability
1: This section applies to the following persons:
a: a member of a mines rescue brigade:
b: a member of the board:
c: an employee of the board:
d: an agent of the board.
2: The person is protected from civil and criminal liability for any act done in good faith that the person does or omits to do in the course of—
a: providing rescue services during an emergency at a mining operation:
b: providing advice to a mine operator during an emergency at a mining operation:
c: testing a mine's emergency management plan.
18: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations requiring mine operators to make mine workers available to be members of mines rescue brigades.
2: Regulations made under this section may specify—
a: the number of mine workers a mine operator must make available and the extent to which a mine operator must make mine workers available; and
b: any other matter that is necessary to give effect to paragraph (a).
3: The number of mine workers a mine operator must make available and the extent to which the mine workers must be made available may be specified by a formula that takes into account the total number of mine workers working in the mining operation.
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 18(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Emergency response
19: Emergency response protocol
1: WorkSafe must issue an emergency response protocol that describes—
a: the persons and agencies that will respond to an emergency at a mining operation; and
b: key functions, duties, and roles under the protocol.
2: WorkSafe may issue amendments to the emergency response protocol, following consultation with the persons and agencies that will have functions and duties under the protocol.
3: WorkSafe must ensure that the emergency response protocol is, at all reasonable times, made available to the public for inspection free of charge on an Internet site maintained by, or on behalf of, WorkSafe.
20: Appointment of incident controller
1: If an emergency occurs at a mining operation, WorkSafe may appoint an incident controller.
2: The incident controller may be any person that WorkSafe considers, having regard to the nature of the emergency, is capable of performing the functions described in subsection (3).
3: The functions of the incident controller are,—
a: in accordance with the emergency response protocol, to lead decision making about the emergency response, including decision making about—
i: whether any rescue operation should be undertaken and how the rescue operation should be undertaken:
ii: whether any recovery operation should be undertaken and how the recovery operation should be undertaken:
iii: the resources to be deployed to support rescue or recovery operations; and
b: to give directions to persons and agencies in order to give effect to decisions made in accordance with the emergency response protocol about the emergency response; and
c: in accordance with the emergency response protocol, to co-ordinate the activities of—
i: persons and agencies undertaking or supporting any rescue or response operation:
ii: other agencies providing emergency services, including, if relevant, fire and ambulance services, the New Zealand Police, and the board.
4: In performing his or her functions, the incident controller must consult other relevant persons or agencies, including the persons and agencies described in subsection (3)﻿(c).
21: Mine operator, site senior executive, and mine worker must comply with incident controller's directions
1: The following persons must comply with any reasonable direction of the incident controller:
a: a mine operator:
b: a site senior executive:
c: a mine worker.
2: Any person described in subsection (1) who, without reasonable excuse, fails or refuses to comply with a reasonable direction of the incident controller commits an offence and is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $50,000.
22: Resisting or obstructing incident controller
Any person who wilfully obstructs or resists the incident controller in the performance of the functions specified in section 20(3)
a: in the case of an individual, to a term of imprisonment not exceeding 3 months or to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $50,000.
23: Functions, duties, and powers of emergency services not affected
1: Subsection (2) applies to the following agencies and services:
a: fire and ambulance services:
b: the New Zealand Police:
c: the board:
d: WorkSafe.
2: Nothing in this Part affects the functions, duties, or powers of an agency or service, or any person acting for or on behalf of an agency or service.
24: Protection from civil and criminal liability
1: This section applies to the following persons:
a: the incident controller:
b: any person advising the incident controller:
c: any person acting under the direction of the incident controller.
2: The person is protected from civil and criminal liability for any act done in good faith that the person does or omits to do in the course of responding to an emergency at a mining operation.
25: Application, savings, and transitional provisions
The application, savings, and transitional provisions set out in the Schedule
26: Repeal of Mines Rescue Trust Act 1992
Repeal the Mines Rescue Trust Act 1992 2013-12-16 Mines Rescue Trust Act 1992