JOINT LEGISLATIVE FRAMEWORK PAPER
Prepared by the Departments of Labour and Conservation and the Ministries of Economic Development and for the Environment
LIST OF CONTENTS
RELEVANT TERMS OF REFERENCE AND OVERVIEW
Industry Context
Historical legislative context
THE LEGISLATIVE FRAMEWORK GOVERNING UNDERGROUND COAL MINING AND RELATED OPERATIONS – EXECUTIVE SUMMARY
THE LEGISLATIVE FRAMEWORK GOVERNING THE TECHNICAL SIDE OF COAL MINING
The CMA
Functions, powers and duties of Minister of Energy and Resources
Minerals owned by the Crown
Permits
Minerals Programmes
The Coal Programme
Relevant considerations when granting mining permits
The Work Programme
Annual work statement and accompanying mine plan
Work Programme and work statement do not address either environmental or health and safety matters
Good exploration and mining practice in the context of the CMA
Registers and Records
Reports to Secretary
Regulations
Coal Programme Requirements
Compliance with Mining Permit
Terminating a permit
THE RELEVANT LEGISLATIVE FRAMEWORK GOVERNING THE LAND ACCESS ASPECTS OF MINING (WITH EMPHASIS ON CROWN OWNED LAND ADMINISTERED BY DOC)
Requirement for an access arrangement with landowner
Owner of the land on which the Pike River Mine is situated
Power of Minister of Conservation to grant an access arrangement under the CMA
Purpose for which Crown land is held under the Conservation and National Parks Acts 2
Matters that may be provided for in an access arrangement
The access arrangement negotiation process in practice
Administration of an access arrangement
Mining completion and bond release
Other obligations of the permit holder
Statutory obligations
Consents under the RMA and CMA
THE RELEVANT LEGISLATIVE FRAMEWORK GOVERNING THE ENVIRONMENTAL SIDE OF MINING
The RMA
Purpose of the RMA
Exercise of functions, powers and duties under the RMA
Application of the RMA to the effects of mining activities
Duties and restrictions on the use of land
Allocation of functions under the RMA
Local authority policies and plans
Resource consents
The Environment Court
THE RELEVANT LEGISLATIVE FRAMEWORK GOVERNING THE HEALTH AND SAFETY ASPECTS OF UNDERGROUND COAL MINING
Standard setting under performance-based legislation
“all practicable steps” is a fundamental concept
How the HSE Act provides more detailed guidance
The role of Standards
The role of approved codes of practice
The HSE Act
The object of the Act
Other legislation is not affected
“All practicable steps”
Duties relating to health and safety in employment
General duties of employers
Providing and maintaining a safe working environment
Providing and maintaining facilities for the safety and health of employees at work
Ensuring that plant used by employees in the place of work is designed, made, set up and maintained to be safe for employees 3
Ensuring that systems of work do not lead to employees being exposed to hazards in ot around their place of work
Duties of employers in relation to hazard management
Identification of hazards – Section 7 HSE Act
Significant hazards to employees to be eliminated if practicable – Section 8 HSE Act
Significant hazards to employees to be isolated where elimination impracticable – Section 9 HSE Act
Significant hazards to employees to be minimised, and employees to be protected, where elimination and isolation impracticable – Section 10 HSE Act
Duties of employers in relation to information
Information for employees generally and health and safety representatives – Section 12 HSE Act
Training and supervision – Section 13 HSE Act
Other duties
Duties of employers to people who are not employees – Section 15 HSE Act
Duties of persons who control a place of work - Section 16 HSE Act
Distinction between Sections 16 and 18 HSE Act
Duties of the self-employed – Section 17 HSE Act
Duties of principals and contractors – Section 18 HSE Act
Duties of persons selling or supplying plant for use in a place of work – Section 18A HSE Act
Duties of employees – Section 19 HSE Act
Employee participation
Purpose of Part 2A – Section 19A HSE Act
Attribution rule
General duty to involve employees in health and safety matters – Section 19B
Employee health and safety representatives – Part 2 of Schedule 1A HSE Act
Hazard notices – Section 46A HSE Act
Regulations – Sections 21 – 24 HSE Act
Codes of practice – Section 20 HSE Act
Recording and notification of accidents and serious harm – Section 25
No interference at scene of an accident – Section 26 HSE Act
Further inquiries into accidents – Sections 27 and 28 HSE Act
DoL’s role
Inspectors- Sections 29-34 and 47-48 HSE Act
Functions of inspectors – Section 30 HSE Act
Improvement notices – Sections 39- 40 HSE Act
Inspectors may issue prohibition notices – Sections 41- 43 HSE Act
Service of prohibition notices – Section 42 HSE Act 4
Compliance with a prohibition notice – Section 43 HSE Act
Appeals against notices – Section 46 HSE Act
Offences and penalties
Offences likely to cause serious harm – Section 49 HSE Act
Other offences – Section 50 HSE Act
Exemption for people injuring others in the course of preventing harm – Section 51 HSE Act
Procedure surrounding charges – sections 54-55 HSE Act
Offences by bodies corporate or Crown organisations – Section 56 HSE Act
Compliance orders
Infringement offences and notices – Sections 56A-56H HSE Act
The Mining Underground Regulations
Duties in relation to all mines and tunnels – Part 1
Duties in relation to coal mines and gassy mines – Part 2
Duties in relation to use of electricity in operations – Part 3
Gassy mines
Offences
The Mining Administration Regulations
Mines Rescue Trust Act 1992 and the Mines Rescue Trust
Electricity Act 1992 and Electricity (Safety) Regulations 2010
Electricity Act 1992
Electricity (Safety) Regulations 2010
The Hazardous Substances and New Organisms Act 1996
The Building Act 2004 5
PROVISIONAL LIST OF TOPICS FOR INCLUSION IN TIER 2 PAPER BEING PREPARED BY THE DEPARTMENT OF LABOUR (DOL)
The following list of proposed topics for inclusion in the paper is provisional as the paper is in the early stages of development. References to Issues are to the issues identified in the Commission’s minute dated 18 March 2011
Proposed topics include:
History of health and safety legislation applicable to underground coal mines.
A brief history of mine explosions causing multiple fatalities in New Zealand and the recommendations of inquiries into those events including summaries of the recommendations of the inquiries (Issue 1.2).
Policy considerations which prompted the enactment of the Health and Safety in Employment Act 1992 (HSE Act) and its application to underground coal mining, including development of health and safety legislation in New Zealand leading to the introduction of performance-based health and safety legislation (Issue 1.4).
Development of the regulatory framework and administrative arrangements under the HSE Act from 1992-2006 including staged implementation of performance-based legislation, implementation of the legislation in the mining sector, the functions of the mining inspectorate and the transfer of functions from the Ministry of Economic Development to DoL (Issue 1.4).
The recognised practices (including codes of practice, guidelines, advisories, notices and instructions issued by regulatory authorities and other organisations) which applied at the incident date (Issue 1.6).
Chronology of interactions between DoL and Pike River Coal Ltd (PRC) concerning mine development (Issue 1.10).
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PROVISIONAL LIST OF TOPICS FOR INCLUSION IN TIER 2 PAPER BEING PREPARED BY THE DEPARTMENT OF CONSERVATION (DOC)
The following list of proposed topics for inclusion in the paper is provisional as the paper is in the early stages of development. References to Issues are to the issues identified in the Commission’s minute dated 18 March 2011
Proposed topics include:
Timeline of conservation-related legislation pertaining to Pike River Coal mine including a description of conservation and mining legislation pre-1980 and the conservation reforms of the 1980’s (Issue 1.2).
The establishment and functions of DoC including the provisions of the Conservation Act 1987, allocation of conservation land and legislative amendments.
The establishment of the Paparoa National Park, the West Coast Accord and Forests (West Coast Accord) Act.
History of DoC and its structure.
Description of the West Coast Tai Poutini Conservancy and how it is structured to undertake its mining workload.
Chronology of interactions between DOC and Pike River Coal Ltd (PRC) including pre-application discussions and authorisation, PRC’s application for an access arrangement and other consents for the use of public conservation land and the period post authorisations including variations to the access arrangement, annual work plan approvals and variations (Issue 1.10).
DOC’s involvement in PRCL’s application for resource consents.
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PROVISIONAL LIST OF TOPICS FOR INCLUSION IN TIER 2 PAPER BEING PREPARED BY THE MINISTRY OF ECONOMIC DEVELOPMENT (MED)
The following list of proposed topics for inclusion in the paper is provisional as the paper is in the early stages of development. References to Issues are to the issues identified in the Commission’s minute dated 18 March 2011
Proposed topics include:
Background history of the New Zealand Mining Industry (Issue 1.1).
The legal requirements and recognised practices which governed mining in New Zealand pre 1992 (Mining Act 1971, Coal Mines Act 1979, Coal Mines Licensing Regulations 1980 (Repealed), Coal Mines (Management and Safety) Regulations 1980 (Repealed), Coal Mines (Electrical) Regulations 1980 (Repealed) (Issue 1.3).
The policy underpinning the Coal Mines Act 1979 and the Crown Minerals Act 1991, including the separation of Crown Minerals Bill from Resource Management Bill.
The geography and geology of the area where the mine is situated including exploration, coal properties, production, coal resources (Issue 1.8).
The consent and approval process, including the terms and conditions sought by or imposed by MED and a chronology of interactions between MED and Pike River Coal Limited (PRC) concerning mine development including document lists and site visits including provisions of the Minerals Programme for Coal 1996 (Issues 1.9 and 1.10).
The history of the design, development and construction of the mine and associated systems to the extent of documents held by MED (Issue 1.11).
The state of development and layout of the mine as at the incident date, including all plans of the mine prepared at the time to the extent that such documents are held by MED (Issue 1.12).
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PROVISIONAL LIST OF TOPICS FOR INCLUSION IN TIER 2 PAPER BEING PREPARED BY THE MINISTRY FOR THE ENVIRONMENT (MFE)
The following list of contents is provisional as the paper is in the early stages of development. References to Issues are to the issues identified in the Commission’s minute dated 18 March 2011
Proposed topics (relevant to issue 1.3) include:
History of legislative reviews commenced in the 1980s as they related to underground coal mining, leading to the enactment of the Resource Management Act 1991 and separation of the Crown Minerals Bill as a separate Bill
Cabinet consideration and decisions and publication of government proposals
The legislative process including select committee, departmental and review group process, publication of review group report
Developments following change of government
Enactment of the Resource Management Act and the Crown Mineral Act
The final regime

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