Mining Legislation (Continuing Professional Development) Amendment Regulation 2022


Queensland Crest

Part 1 Preliminary

1Short title

This regulation may be cited as the Mining Legislation (Continuing Professional Development) Amendment Regulation 2022.

2Regulation amended

This regulation amends the Coal Mining Safety and Health Regulation 2017.

3Insertion of new ch 4A

After chapter 4
insert—

Chapter 4A Continuing professional development

370AA Purpose of chapter

This chapter prescribes requirements for schedule 2 of the Act, part 2, section 29A.

370AB Definitions for chapter

In this chapter—
CPD activity, in relation to a certificate of competency or site senior executive notice, see section 370AE(1).
CPD hours, for a CPD activity that has been successfully completed by a relevant holder, means the number of hours worked out in accordance with the practising certificate scheme.
CPD period, for a relevant holder, means a period stated for the holder in the practising certificate scheme under section 370AE(3)(d).
CPD total hours, for a relevant holder, see section 370AE(3)(c).
practising certificate see section 370AE(3)(e).
practising certificate scheme see section 370AE(2).
relevant holder means the holder of a certificate of competency or site senior executive notice.

370AC Requirement to complete CPD

A relevant holder must complete, for each CPD period and in accordance with the practising certificate scheme—
(a)the CPD total hours for the relevant holder; and
(b)each CPD activity identified in the practising certificate scheme as mandatory for the relevant holder.

Maximum penalty—3 penalty units

370AD Notice of completion

As soon as practicable after completing CPD hours for a CPD activity, a relevant holder must give the board of examiners—
(a)a notice stating the CPD activity for which the CPD hours were completed; and
(b)if required under the practising certificate scheme—evidence of the holder’s successful completion of the CPD hours.

Maximum penalty—3 penalty units

370AE Approval of CPD activities and publication of practising certificate scheme

(1)The board of examiners may approve an activity as a CPD activity for a certificate of competency or site senior executive notice if the board is satisfied the activity is relevant to the competencies required by a holder of the certificate or notice.
(2)The board of examiners must publish, on a Queensland government website, a scheme (the practising certificate scheme) about continuing professional development for relevant holders.
(3)The practising certificate scheme must state the following matters—
(a)for each CPD activity for a certificate of competency or site senior executive notice—
(i)the name of the activity; and
(ii)whether the activity is mandatory for holders of the certificate or notice; and
(iii)the minimum and maximum number of CPD hours for the activity for a CPD period for a relevant holder; and
(iv)when a relevant holder may undertake the activity;
(b)in relation to a notice required under section 370AD—
(i)how a relevant holder may give the notice; and
(ii)whether and, if so, how the holder must evidence successful completion of CPD hours for a CPD activity;
(c)the total number of CPD hours for CPD activities that a relevant holder must complete during each CPD period for the holder (CPD total hours);
(d)the first and last day of each CPD period for a relevant holder;
(e)provisions relating to the issue, by the board of examiners to a relevant holder, of a certificate about continuing professional development (a practising certificate);
(f)any other information the board decides is relevant to the continuing professional development of relevant holders.

4Insertion of new s 371AA

After section 371
insert—

371AA Information to be included in register—Act, s 193A

For section 193A(2)(c) of the Act, the following information is prescribed for a certificate of competency or a site senior executive notice—
(a)if the holder of the certificate or notice completes the holder’s CPD total hours for a CPD period—the day the holder completed the CPD total hours;
(b)if the holder does not complete the holder’s CPD total hours for a CPD period—that the holder did not complete the CPD total hours;
(c)if a practising certificate has been issued to the holder—the day the certificate was issued.

5Insertion of new ch 6, pt 11

Chapter 6
insert—

Part 11 Transitional provision for Mining Legislation (Continuing Professional Development) Amendment Regulation 2022

411Application of CPD requirements during transitional period

(1)Sections 370AC and 370AD do not apply to a holder of a certificate of competency or site senior executive notice during the transitional period.
(2)Subsection (1) does not prevent the holder doing any of the following things during the transitional period—
(a)obtaining a practising certificate;
(b)completing CPD activities for the holder’s certificate of competency or site senior executive notice;
(c)giving the board of examiners notice, and evidence, of CPD hours for completed CPD activities as mentioned in section 370AD.
(3)In this section—
transitional period means the period starting on the commencement and ending on the day that is 3 years after the commencement.

6Amendment of sch 9 (Dictionary)

Schedule 9
insert—
CPD activity, in relation to a certificate of competency or site senior executive notice, see section 370AE(1).
CPD hours, for a CPD activity that has been successfully completed by the holder of a certificate of competency or site senior executive notice, see section 370AB.
CPD period, for the holder of a certificate of competency or site senior executive notice, see section 370AB.
CPD total hours, for the holder of a certificate of competency or site senior executive notice, see section 370AE(3)(c).
practising certificate see section 370AE(3)(e).
practising certificate scheme, for chapter 4A, see section 370AE(2).
relevant holder, for chapter 4A, see section 370AB.

7Regulation amended

This regulation amends the Mining and Quarrying Safety and Health Regulation 2017.

8Insertion of new ch 2A

After chapter 2
insert—

Chapter 2A Continuing professional development

148A Purpose of chapter

This chapter prescribes requirements for section 262(2)(i) of the Act.

148B Definitions for chapter

In this chapter—
CPD activity, in relation to a certificate of competency or site senior executive notice, see section 148E(1).
CPD hours, for a CPD activity that has been successfully completed by a relevant holder, means the number of hours worked out in accordance with the practising certificate scheme.
CPD period, for a relevant holder, means a period stated for the holder in the practising certificate scheme under section 148E(3)(d).
CPD total hours, for a relevant holder, see section 148E(3)(c).
practising certificate see section 148E(3)(e).
practising certificate scheme see section 148E(2).
relevant holder means the holder of a certificate of competency or site senior executive notice.

148C Requirement to complete CPD

A relevant holder must complete, for each CPD period and in accordance with the practising certificate scheme—
(a)the CPD total hours for the relevant holder; and
(b)each CPD activity identified in the practising certificate scheme as mandatory for the relevant holder.

Maximum penalty—3 penalty units

148D Notice of completion

As soon as practicable after completing CPD hours for a CPD activity, a relevant holder must give the board of examiners—
(a) a notice stating the CPD activity for which the CPD hours were completed; and
(b)if required under the practising certificate scheme—evidence of the holder’s successful completion of the CPD hours.

Maximum penalty—3 penalty units

148E Approval of CPD activities and publication of practising certificate scheme

(1)The board of examiners may approve an activity as a CPD activity for a certificate of competency or site senior executive notice if the board is satisfied the activity is relevant to the competencies required by a holder of the certificate or notice.
(2)The board of examiners must publish, on a Queensland government website, a scheme (the practising certificate scheme) about continuing professional development for relevant holders.
(3)The practising certificate scheme must state the following matters—
(a)for each CPD activity for a certificate of competency or site senior executive notice—
(i)the name of the activity; and
(ii)whether the activity is mandatory for holders of the certificate or notice; and
(iii)the minimum and maximum number of CPD hours for the activity for a CPD period for a relevant holder; and
(iv)when a relevant holder may undertake the activity;
(b)in relation to a notice required under section 148D—
(i)how a relevant holder may give the notice; and
(ii)whether and, if so, how the holder must evidence successful completion of CPD hours for a CPD activity;
(c)the total number of CPD hours for CPD activities that a relevant holder must complete during each CPD period for the holder (CPD total hours);
(d)the first and last day of each CPD period for a relevant holder;
(e)provisions relating to the issue, by the board of examiners to a relevant holder, of a certificate about continuing professional development (a practising certificate);
(f)any other information the board decides is relevant to the continuing professional development of relevant holders.

9Insertion of new s 150AA

After section 150
insert

150AA Information to be included in register—Act, s 185

For section 185(2)(c) of the Act, the following information is prescribed for a certificate of competency or a site senior executive notice—
(a)if the holder of the certificate or notice completes the holder’s CPD total hours for a CPD period—the day the holder completed the CPD total hours;
(b)if the holder does not complete the holder’s CPD total hours for a CPD period—that the holder did not complete the CPD total hours;
(c)if a practising certificate has been issued to the holder—the day the certificate was issued.

10Insertion of new ch 4, pt 5

Chapter 4
insert—

Part 5 Transitional provision for Mining Legislation (Continuing Professional Development) Amendment Regulation 2022

176Application of CPD requirements during transitional period

(1)Sections 148C and 148D do not apply to a holder of a certificate of competency or site senior executive notice during the transitional period.
(2)Subsection (1) does not prevent the holder doing any of the following things during the transitional period—
(a)obtaining a practising certificate;
(b)completing CPD activities for the holder’s certificate of competency or site senior executive notice;
(c)giving the board of examiners notice, and evidence, of completed CPD activities as mentioned in section 148D.
(3)In this section—
transitional period means the period starting on the commencement and ending on the day that is 3 years after the commencement.

11Amendment of sch 7 (Dictionary)

Schedule 7
insert—
CPD activity, in relation to a certificate of competency or a site senior executive notice, see section 148E(1).
CPD hours, for a CPD activity that has been successfully completed by the holder of a certificate of competency or site senior executive notice, see section 148B.
CPD period, for the holder of a certificate of competency or site senior executive notice, see section 148B.
CPD total hours, for the holder of a certificate of competency or site senior executive notice, see section 148E(3)(c).
practising certificate see section 148E(3)(e).
practising certificate scheme, for chapter 2A, see section 148E(2).
relevant holder, for chapter 2A, see section 148B.