Coal Mine Health and Safety Regulation 2006 (NSW)
This Regulation is the Coal Mine Health and Safety Regulation 2006.
This Regulation commences on 23 December 2006, except as provided by subclause (2).
Clauses 5, 13 (1) (a), (b) and (d)–(h), 14–16, 18–21, 29, 35, 77, 78, 84, 87, 145, 148 and paragraphs (c)–(h) of the definition of
In this Regulation:
(a) that area inbye of all points 200 metres outbye of a longwall face, or
(b) if there are any completed cutthroughs within that area, that area inbye of all points 200 metres outbye of the most inbye completed line of cutthroughs.
(a) a return airway in a mine, or
(b) that part of an intake airway in a ventilation district in a mine that is on the return side of such points as are:
(i) 100 metres outbye the most inbye completed line of cutthroughs, or
(ii) 100 metres from, and on the intake side of, a longwall or shortwall face, or
(c) a part of a mine in which there is a methane concentration of 1.25 per cent or greater in the general body of air, or
(d) a part of a mine Gazetted as a hazardous zone.
(a) any plant Gazetted as such, and
(b) a lift that provides access to the underground workings of a mine.
As at the commencement of this clause, the relevant directions are those referred to in clause 4 (3) of the Surveying Regulation 2006.
In this Regulation, a reference to a person being
Notes included in this Regulation do not form part of this Regulation.
For the purposes of this Regulation, an obligation to
(a) firstly, substituting the hazard giving rise to the risk with a hazard that gives rise to a lesser risk,
(b) secondly, isolating the hazard from the person put at risk,
(c) thirdly, minimising the risk by engineering means,
(d) fourthly, minimising the risk by administrative means (for example, by adopting safe working practices or providing appropriate training, instruction or information),
(e) fifthly, using personal protective equipment.
A combination of the above measures is required to be taken to minimise the risk to the lowest level reasonably practicable if no single measure is sufficient for that purpose.
Any obligation in this Regulation to control a risk by taking specific risk control measures, or by taking specific risk control measures in a particular order, is in addition to the obligations referred to in subclauses (1) and (2).
If more than one person has a responsibility with respect to a particular matter under this Regulation:
(a) each such person retains responsibility for the matter, and
(b) the responsibility is to be discharged in a co-ordinated manner.
The classes of places specified in Schedule 1 are prescribed for the purposes of section 8 (3) (a) of the Act.
The Act also does not apply to any place specified by the Minister in a notice published in the Gazette under section 8 (3) (b) of the Act.
Section 11 of the Coal Mine Health and Safety Act 2002 provides that that Act is to be read in conjunction with the Occupational Health and Safety Act 2000. Section 8 of the Occupational Health and Safety Act 2000 requires an employer to ensure the health, safety and welfare at work of all the employees of the employer and to ensure that others at the employer’s workplace are not exposed to risk. Section 20 requires an employee, while at work, to take reasonable care for the health and safety of people who are at the employee’s place of work and who may be affected by the employee’s acts or omissions at work. This Part imposes further duties relating specifically to health, welfare and safety at coal operations.
Section 13 of the Occupational Health and Safety Act 2000 requires an employer to consult with the employees of the employer to enable those employees to contribute to the making of decisions affecting their health, safety and welfare at work.
For the purposes of section 17 (5) of the Act, if there is only one coal operation within a colliery holding, the nomination of the operator of a coal operation by the colliery holder must be in a form that contains at least the following information and signature:
(a) the name of the coal operation,
(b) a description of the area covered by the coal operation,
(c) the name of the colliery holder,
(d) the basis on which the colliery holder claims to be the colliery holder (including copies of any document establishing the colliery holder’s right to mine for coal or to carry out coal mining purposes),
(e) whether there is, to the knowledge of the colliery holder, any other colliery holder for the coal operation and, if so, the name and contact details of that other colliery holder and the basis of the other colliery holder’s right to mine for coal or to carry out coal mining purposes,
(f) the name of the person nominated as operator of the coal operation,
(g) the nominated operator’s Australian Business Number (ABN),
(h) details of the relationship between the nominated operator of the coal operation and the colliery holder,
(i) the identity and contact details of the primary contact at the coal operation,
(j) the identity and contact details of an alternative contact at the coal operation,
(k) a detailed explanation (accompanied by copies of relevant supporting documents) of the basis on which the nominated operator is considered the employer with day to day control of the coal operation, including, but not limited to, the following particulars:
(i) the total number of people who work at the coal operation,
(ii) the number of those people who are employees of the nominated operator,
(iii) the basis on which the people are considered employees rather than contractors,
(iv) whether there is any other employer with some day to day control of part of the coal operation and, if so:
(A) whether and, if so, on what basis and to what extent, the matters controlled by any such employer are subject to the nominated operator’s control, and
(B) to the extent, if any, that the matters controlled by any such employer are not subject to the nominated operator’s control—the level of such employer’s day to day control of the coal operation compared with that of the nominated operator,
(l) the signature of the colliery holder or a person authorised to sign on behalf of the colliery holder,
(m) if the person who signs is not the colliery holder—the position held by the person.
For the purposes of section 17 (5) of the Act, if there is more than one separate and distinct coal operation within a colliery holding, the nomination of the operator of each coal operation by the colliery holder must be in a form that contains at least the following information and signature:
(a) a detailed explanation of the basis on which each coal operation is considered a separate and distinct coal operation,
(b) in respect of each coal operation—the information required by subclause (1),
(c) the signature required by subclause (1).
If a nomination has been made under section 17 of the Act and, at some later time, there is a material change in the details included in that nomination (other than a change of the person nominated as operator of the coal operation), the colliery holder must inform the Chief Inspector of that change as soon as practicable.
If an operator whose nomination has not been rejected ceases to be, or proposes to cease to be, the employer with the day to day control of the coal operation, the colliery holder is required by section 17 (9) of the Act to nominate a new operator in accordance with section 17.
To avoid doubt, subclause (1) requires the colliery holder to inform the Chief Inspector if the colliery holder changes its name.
For the purposes of section 17 (7) (c) of the Act, the Chief Inspector may reject a nomination under section 17 having regard to any change reported to the Chief Inspector under this clause within 28 days after the Chief Inspector receives the nomination.
A colliery holder must ensure that a record of the identity of the operator of each coal operation within the colliery holding is retained at the office of the coal operation.
That record must contain at least the following information:
(a) the name of the operator of the coal operation,
(b) the operator’s Australian Business Number (ABN),
(c) the identity and contact details of the primary contact at the coal operation,
(d) the identity and contact details of an alternative contact at the coal operation.
The Director-General is to establish and maintain a register of the operators of coal operations for the purposes of the Act.
Without limiting subclause (1), the register is to include the following particulars in relation to each operator:
(a) the name of the coal operation,
(b) the name of the operator,
(c) the operator’s Australian Business Number (ABN),
(d) the identity and contact details of the primary contact at the coal operation,
(e) the identity and contact details of an alternative contact at the coal operation.
The Director-General is to ensure that information from the register is made available to the public, free of charge, during ordinary office hours at each office of the Department within a region where coal is mined.
The following health and safety information is prescribed as the information that, under section 18 of the Act, a colliery holder must give the operator of a coal operation within the colliery holding:
(a) any health and safety management system prepared for the coal operation, including any major hazard management plans required for the coal operation,
(b) any relevant plans of the operation (including those required under section 47 (1) of the Act and any plans provided under clause 139),
(c) any records relating to the coal operation required to be kept under the Act, or under the Coal Mines Regulation Act 1982 in the 5 years immediately before its repeal, being records that are no more than 5 years old,
(d) geological and geotechnical information concerning the coal operation,
(e) any engineering assessments concerning the coal operation,
(f) all other information available to the colliery holder that may reasonably be relevant to the development and implementation of a health and safety management system for the coal operation.
The operator of a coal operation must, as soon as practicable after receiving information supplied by a colliery holder under section 18 of the Act, review that information.
The review is to involve:
(a) people with appropriate engineering expertise, and
(b) the manager of mining engineering for the coal operation, and
(c) in the case of an underground mine:
(i) the manager of electrical engineering for the coal operation, and
(ii) the manager of mechanical engineering for the coal operation.
Section 23 (3) of the Act specifies what must be included in a health and safety management system, namely system elements, any major hazard management plans that are required, the management structure and any contractor management plan required. Section 23 (3) (e) permits the regulations to prescribe additional matter that must be included in a health and safety management system, and section 23 (4) permits the regulations to require such a system to be consistent with any management system standard specified in the regulations.
For the purposes of section 23 (3) (e) of the Act, the health and safety management system for a coal operation must include the following (the specific contents of which are set out in clauses 15–21):
(a) an inspection program that makes provision for the regular inspection of those parts of the coal operation that people may work in or travel through:(i) to detect the presence of hazards to safety or health, and
(ii) to bring the presence of any such hazards to the attention of appropriate people so as to initiate their effective control,
(b) information and communication arrangements that assist in meeting the requirements of the regulations under the Occupational Health and Safety Act 2000 in relation to the provision of instruction, training and information to employees,Note— As at the commencement of this clause, the relevant requirements were set out in clause 13 of the Occupational Health and Safety Regulation 2001.
(c) supervision arrangements that assist in meeting the requirements of the regulations under the Occupational Health and Safety Act 2000 in relation to the supervision of employees,Note— As at the commencement of this clause, the relevant requirements were set out in clause 14 of the Occupational Health and Safety Regulation 2001.
(d) in the case of an underground mine—
monitoring arrangements that ensure that sufficient monitoring plant of appropriate types is installed, used and maintained to detect risks to the safety or health of people working underground at the mine,(e) an electrical engineering management plan covering the life cycle of electrical plant and installations, and electrical engineering practices, at the coal operation, that is developed, implemented and periodically reviewed through consultation with a qualified electrical engineer, to control risks as follows:(i) to prevent injury to people from sources of electrical energy,
(ii) to prevent uncontrolled fires where electrical energy is the ignition source,
(iii) to prevent initiation of gas or coal dust explosions by electrical energy,
(iv) to prevent unintended operation of plant,
(v) to provide electrical safeguards for electrical and non-electrical hazards, with a probability of failure appropriate to the degree of risk posed by the hazard,
(vi) to provide the means by which the safety of electrical plant and electrical engineering practices is or are managed, including requirements of the Act and this Regulation and any relevant requirements of the regulations made under the Occupational Health and Safety Act 2000,
(f) a mechanical engineering management plan covering the life cycle of mechanical plant and installations, and mechanical engineering practices, at the coal operation, that is developed, implemented and periodically reviewed through consultation with a qualified mechanical engineer, to control risks as follows:(i) to control risks to health and safety from mechanical plant and installations over their life cycle,
(ii) to prevent injury to people from sources of mechanical energy,
(iii) to provide safeguards to prevent the release of uncontrolled mechanical energy and to prevent unintended operation of mechanical plant,
(iv) to prevent catastrophic failure of mechanical plant or installations,
(v) to prevent uncontrolled fires being initiated or fuelled by mechanical plant or installations,
(vi) to prevent initiation of gas or coal dust explosions by mechanical energy,
(vii) to minimise exposure to toxic or harmful materials associated with mechanical plant and installations,
(viii) to provide safeguards for mechanical plant and installations, with a probability of failure appropriate to the degree of risk posed by any mechanical plant or installation,
(ix) to generally provide the means by which the safety of mechanical plant and installations is managed including requirements of the Act and this Regulation and relevant plant safety requirements of the regulations made under the Occupational Health and Safety Act 2000,
(g) conditions (
withdrawal conditions ) under which people are to be withdrawn, and to remain withdrawn, from the coal operation or parts of the coal operation as a precautionary measure when conditions of risk or a threat to health or safety (not amounting to an emergency) warrant such action,(h) in the case of an underground mine—
ventilation arrangements .
In this clause:
For the purposes of section 23 (4) of the Act, a health and safety management system must be consistent with Australian/New Zealand Standard AS/NZS 4804:2001Occupational health and safety management systems—General guidelines on principles, systems and supporting techniques.
Despite subclause (1), a health and safety management system is not required to be consistent with that Standard to the extent that the system applies to emergencies.
The duties arising under an inspection program or information and communication arrangements under this Subdivision are in addition to duties of employees under section 59 of the Act.
The inspection program for a coal operation must make provision for the following:
(a) the division of the coal operation into inspection areas,
(b) the identification of certain inspection areas as production areas, being:
(i) in the case of an open cut mine—each area where mining operations are being conducted, or
(ii) in the case of an underground mine—each area in the mine within which there is a place where coal or stone is mined (other than places at which coal or stone is mined for repairing or enlarging roadways), being areas:
(A) that include all places within 100 metres of a place where mining occurs that are in the same ventilation split as that place, and
(B) that do not start within a hazardous zone, and
(C) whose sizes are determined by taking into account the ability of people to effectively carry out inspections required by the inspection program,
(c) the identification of any place in an underground mine (other than places at which coal or stone is mined for repairing or enlarging roadways) that would otherwise be a production area and that is to be treated as not being within a production area during any period of not less than one shift when coal or stone is not intended to be mined,
(d) the clear and durable marking of the start of a production area in a roadway through which people normally travel,
(e) the assignment of a competent person to each inspection area to carry out inspections in that area, including:
(i) in the case of an inspection area that is a production area in an open cut mine—a person who is competent to exercise the function of a mining supervisor for an open cut mine, or
(ii) in the case of an inspection area that is a production area in an underground mine—a person who is competent to exercise the function of a mining supervisor for an underground mine,
(f) in the case of an underground mine—a competent person within a production area remaining within that area while production is taking place unless replaced by another competent person (who must be qualified for assignment to carry out inspections in the area),
(g) the conduct of regular inspections of all safely accessible parts of the coal operation with the frequency of inspections being dependent on the risks present,
(h) the durable recording of results of inspections,
(i) the means by which any concerns raised around the size of production areas, and the ability of those responsible to adequately perform required inspections, are to be resolved,
(j) the bringing of concerns arising from an inspection to the attention of:
(i) those whose health or safety may be affected by the subject matter of the concern, and
(ii) those within the management structure of the coal operation whose area of responsibility and accountability includes the subject matter of the concern,
(k) the reporting of any remedial action taken as a result of an inspection to a person more senior in the management structure of the coal operation than the person whose area of responsibility and accountability includes the subject matter of the concern,
(l) the bringing of concerns arising from any remedial action taken as a result of an inspection to a person more senior in the management structure of the coal operation than the person whose area of responsibility and accountability includes the subject matter of the concern,
(m) the regular and timely review of reports of inspections, or other information from those who carry out inspections, by those in the management structure whose area of responsibility and accountability includes the subject matter of the report or information,
(n) if a regular routine of inspections for a production area is interrupted, for the area to be inspected by a competent person before any other person enters the area,
(o) for employees to examine their place of work for risks prior to commencing work and during the course of their work,
Note— Section 59 (3) of the Act requires an employee who works at a coal operation to immediately report to his or her immediate supervisor any situation that the employee believes could present a risk to health and safety and that is not within the employee’s competence to control. Section 62 of the Act applies that section to an employee of a contractor who works at a coal operation.
(p) in the case of an open cut mine, the carrying out of at least one inspection each shift,
(q) for the inspection of the roof and sides of roadways underground by a person who is competent to exercise the function of a mining supervisor for an underground mine (or a person with equivalent competence in the inspection of roofs and sides of roadways underground),
(r) in the case of an underground mine:
(i) the inspection of places, including, but not limited to, all safely accessible roadways, goaf edges, shafts and drifts, and
(ii) the inspection of production areas, including, but not limited to:
(A) inspection for the presence of flammable and toxic gases before connecting power to any plant, and
(B) inspection, at intervals not exceeding 2 hours, of each face area where coal or stone is mined, and
(C) inspection, at intervals not exceeding 5 hours, of all other places where people work, and
(D) inspection, at least once each shift, of all safely accessible places in the production area, and
(iii) inspection of belt conveyors, including but not limited to:
(A) inspection of each operating belt conveyor at least once each shift, and
(B) inspection of any belt conveyor that has been shut down to detect the presence of any overheating, smouldering or other condition likely to cause a fire, and
(iv) inspection of places other than production areas, including, but not limited to:
(A) inspection at least once each shift of all places where people work, and
(B) inspection at least once every 24 hours of all roadways where people regularly travel, and
(C) inspection at least once every 7 days of all safely accessible places, and
(v) inspection for the presence of flammable gas prior to the supply of electric power to any underground part of the coal operation.
In this clause:
The information and communication arrangements for a coal operation must make provision for the following:
(a) regular (including at least daily) communication to supervisors at the coal operation, by a person senior to them in the management structure of the coal operation, in relation to any matters related to safety or health and affecting the carrying out of their duties,
(b) daily communication to all people at work at the coal operation, by a supervisor, in relation to any matters related to safety or health and affecting the carrying out of their duties,
(c) communication between supervisors on successive shifts in any part of the coal operation concerning any matters related to safety or health and affecting the carrying out of their duties,
(d) communication to those people who are to work in parts of the coal operation that are subject to an inspection, before they enter those parts, relating to the status of those parts of the coal operation,
(e) communication in a comprehensible manner to people working at the coal operation of information concerning the provisions of the Act and this Regulation relevant to the duties of people working at a coal operation,
(f) a requirement that a person in the management structure of the coal operation (not being the operator) who receives an advice given under section 150 of the Act must give the advice, or a copy of it, to the operator of the coal operation as soon as practicable,
(g) a requirement that the operator of the coal operation who receives:
(i) an advice or a copy of an advice given under section 150 of the Act, or
(ii) a notice served under section 175 of the Act, or
(iii) a report by a site check inspector made under section 170 of the Act,
must, as soon as practicable, cause a copy of it to be displayed for a period of not less than 28 days in a manner that will allow the people working at the coal operation to become aware of its contents,
(h) a requirement that information, orders or publications relating to safety or health sent to the coal operation by the Department, the Chief Inspector or another government official and relevant to the duties of any people working at the coal operation must be communicated to those people,
(i) a requirement that copies of any other advice, notice or order given, served or made by a government official in relation to the coal operation must be displayed by the recipient in accordance with the advice, notice or order,
(j) a requirement that copies of any advice, notice or order given, served or made by a government official in relation to the coal operation must be provided to an industry check inspector,
(k) a requirement that secure facilities be provided in appropriate places at the coal operation to ensure the effective communication of safety or health related information relevant to the daily activities of people working at the coal operation,
(l) communications from the surface part of the coal operation to people at the following locations underground by means of an intrinsically safe voice communication system (explosion protection category Ex ia):
(i) every underground entrance to a shaft or outlet used for providing means of ingress and egress to people working at the coal operation,
(ii) every place underground where plant is regularly serviced or charged,
(iii) a place within each underground production area at which the telephone is reasonably accessible and not likely to be damaged,
(iv) a place in proximity to underground switch-gear used for the purpose of isolating sections of the main underground electricity distribution system,
(v) a place in proximity to every underground conveyor belt drive head and transfer or loading point.
As at the commencement of this clause, clause 13 of the Occupational Health and Safety Regulation 2001 requires employers to provide certain instruction, training and information. Clause 16 of that Regulation requires an employer to obtain certain information necessary to enable the employer to fulfil certain of the employer’s occupational health and safety responsibilities.
The supervision arrangements for a coal operation must make provision for the following:
(a) all people within a production area on the surface part of the coal operation, except a mining supervisor, to be supervised by a person who is competent to exercise the function of a mining supervisor for an open cut mine,
(b) all people in the underground part of the coal operation, except a mining supervisor, to be supervised by a person who is competent to exercise the function of a mining supervisor for an underground mine,
(c) a mining supervisor to regularly attend places where people under his or her supervision are working,
(d) a mining supervisor not to engage in activities in a way that may compromise his or her ability to supervise people with respect to their health and safety,
(e) a mining supervisor’s duties to be such as to ensure that he or she has sufficient time to effectively detect changes or features in the working environment that may indicate, or result in, a hazard to the safety and health of people,
(f) people entering production areas to take all reasonably practicable steps to make their presence known to the mining supervisor.
The monitoring arrangements for an underground mine must make provision for the following:
(a) maintaining an accurate plan of the locations of fixed gas monitoring plant in accordance with any Gazetted direction,
(b) providing a recording barometer at the surface part of the mine,
(c) maintaining and calibrating all monitoring plant in accordance with any Gazetted direction,
(d) providing to mining supervisors and other people identified by the operator as requiring this equipment a methanometer and means of detecting a deficiency of oxygen,
(e) equipping diesel powered machinery that operates in a return airway with a methane detector set to alarm when the proportion of methane in the air reaches or exceeds 1 per cent by volume,
(f) installing a continuous methane monitor, set to alarm when the proportion of methane in the air reaches or exceeds 1 per cent by volume and to trip off the electric power supply to the face machine when the proportion of methane in the air reaches or exceeds 2 per cent by volume, on any face machine in use at the operation,
Note— Clause 15 (1) (r) (ii) (A) requires an inspection for the presence of flammable and toxic gases before power is connected to any plant.
(g) installing a continuous methane monitor, set to trip off the electric power supply to the face when the proportion of methane in the air reaches or exceeds 1.25 per cent by volume, on any longwall, shortwall or miniwall in use at the operation,
(h) the strategic positioning of detection heads of gas monitoring plant to maximise the likelihood of detecting the gas being monitored while producing accurate readings or activation of alarms,
(i) complying with any Gazetted requirements for methane monitoring plant, including requirements dealing with the following:
(i) the positioning of detection heads,
(ii) the location, visibility and clarity of displayed values of methane concentrations or visible signals,
(iii) the capture, storage, retrieval and dissemination of information relating to methane concentrations detected,
(iv) the recording of the events causing a monitor to give a visible signal or trip off electric power,
(j) a continuous monitoring system for monitoring the gas content of return air at or near any upcast shafts and outbye ventilation splits, unsealed goafs and waste workings,
(k) gas monitoring arrangements that:
(i) specify the locations at which the gas content of air is to be monitored, and
(ii) specify in respect of each type of gas the gas concentration level at which alarms will be activated, and
(iii) define who is authorised to set or change alarm levels, and
(iv) specify how those alarm settings or changes are to be recorded, and
(v) define who is responsible for the acknowledgment of alarms and the recording of acknowledgments, and
(vi) define who is responsible for communicating the occurrence of alarms and initiating action as a result of alarms, and
(vii) set out response plans to be activated as a result of alarms, and
(viii) specify how the actions of people responding to an alarm (and the identities of those people) are to be recorded,
(l) complying with any direction of the Chief Inspector published in the Gazette that carbon dioxide must be included in gas content in relation to a coal operation or class of coal operations.
In this clause:
The electrical engineering management plan for a coal operation must make provision for the following:
(a) the installation, commissioning, maintenance and repair of electrical plant and installations being undertaken only by a qualified electrical engineer or qualified electrical tradesperson, or people under the supervision of a qualified electrical engineer or qualified electrical tradesperson,
(b) the standards of engineering practice for electrically powered plant, electrically controlled plant, installations, electrical engineering practices used at the coal operation, and, in particular, all electrical installations located on the surface at a coal operation being required to comply with the Wiring Rules and AS 3007:2004Electrical installations—Surface mines and associated processing plant,
(c) the use of electrical plant only of a Gazetted type in a hazardous zone,
(d) the maintenance of explosion-protected plant and installations in an explosion-protected state,
(e) the overhaul and repair of electrical plant and installations, including the following:
(i) the overhaul and repair of explosion-protected plant (being work that may alter the explosion-protected properties of the plant) being carried out only by a person licensed to carry out that work,
(ii) the repair of flexible reeling, trailing and feeder cables for use in a hazardous zone being carried out only by a person licensed to carry out those repairs,
(f) the prevention of arcing faults compromising explosion-protection properties of plant and installations (including cables),
(g) the prevention of the ignition of gas by a static electric charge,
(h) the provision of electrical protection on all electric circuits, including the following:
(i) the construction of electrical protection devices to an appropriate standard,
(ii) the interruption of the supply of electricity to mobile or portable electrical apparatus when the continuity of the connection to earth is compromised,
(iii) the prevention of the connection of electrical power to explosion-protected mobile or portable electrical apparatus in the event of an earth fault on a flexible cable supplying the apparatus,
(i) the provision of effective earthing, including the following:
(i) the minimisation of risk from touch, transfer or step potential,
(ii) the prevention of the effects of lightning being transferred to the underground parts of the coal operation,
(iii) the limitation of earth fault currents to mobile plant fed via flexible cables and to electrical plant in the underground parts of the coal operation,
(j) the control of electrical energy in parts of the coal operation, including the provision of suitable switch gear to safely switch electric power in the coal operation and parts of the coal operation,
(k) the interruption of the supply of electricity in any of the following circumstances:
(i) in the presence of flammable gas,
(ii) if ventilation falls below a specific quantity (to be determined by the operator in consultation with the manager of mining engineering and the manager of electrical engineering),
(iii) if inspections required by the inspection program under clause 15 have not been conducted,
(iv) in the event of an electrical fault,
(v) if there has been a failure to maintain plant in accordance with the electrical engineering management plan,
(vi) if unsafe electrical plant or practices have been detected,
(l) the safe restoration of the supply of electricity by competent people,
(m) the control of portable electrical plant in the underground parts of the coal operation and, in particular, the use of non-explosion-protected plant in a hazardous zone only under Gazetted conditions,
(n) the safe operation of high voltage installations throughout their life cycle,
(o) the prevention of live electrical work on electrical plant and installations under the control of the operator or a contractor, except:
(i) where that work is carried out on a circuit at or below extra low voltage (as defined by the Wiring Rules), or
(ii) where that work is carried out in accordance with any relevant requirements of the regulations made under the Occupational Health and Safety Act 2000,
(p) the safety from hazards within the responsibility of the operator of the coal operation of people undertaking installation, maintenance or emergency work on an electricity supply authority’s infrastructure,
(q) the reasonable access of people undertaking installation, maintenance or emergency work on an electricity supply authority’s infrastructure to that infrastructure,
(r) a commissioning, testing and notification process prior to the initial application of power to circuitry, including the following:
(i) commissioning and testing of electrical plant and installations, to the standard set out in clause 6 of the Wiring Rules, to be undertaken by a qualified electrical engineer or a qualified electrical tradesperson,
(ii) if the commissioning and testing are undertaken by a qualified electrical engineer—requiring the qualified electrical engineer to make a record,
(iii) if the commissioning and testing are undertaken by a qualified electrical tradesperson—requiring that a qualified electrical engineer be notified,
(iv) if a form is Gazetted for the record or notification—requiring the record or notification to be in the relevant Gazetted form,
(v) requiring the operator to retain notifications for a Gazetted period,
(s) specific procedures for the following:
(i) use of electric welding plant,
(ii) use of electrical test instruments,
(iii) work near overhead power lines and cables,
(t) the placing of appropriate signage, notices, plans and electrical distribution diagrams at electrical switchgear and other prominent positions, being signage, notices, plans and diagrams that do the following:
(i) warn of the presence of electricity,
(ii) provide advice on what to do in the event of a fire on or in electrical plant,
(iii) provide advice on what to do in the event of an electric shock and other electrical injuries,
(iv) provide advice on the isolation point for the electrical plant,
(v) provide advice on which electrical plant the switch gear supplies,
(vi) show the location of all high voltage cables and switchgear on a mine plan,
(vii) show all points of isolation available on the electrical distribution system,
(u) plant and procedures to ensure that, in the event of a failure of the main ventilation system, the electric power supply entering the coal operation (other than power to intrinsically safe plant):
(i) is automatically cut off, as soon as practicable, and
(ii) is incapable of being restored before the main ventilation system is repaired and restarted, and
(iii) is not restored until it is safe to do so,
(v) access procedures for working on high voltage installations that include the isolation of electrical installation, testing for the presence of electricity, the application of locks to switch gear to prevent inadvertent energisation of an isolated circuit and the application of working earths.
In this clause:
The mechanical engineering management plan for a coal operation must make provision for the following:
(a) the standards of engineering practice for mechanical plant and installations throughout their life cycle at the coal operation, including the following:
(i) arrangements for the acquisition and operation of fit-for-purpose plant and installations,
(ii) inspection and testing systems to ensure plant and installations are safe to operate,
(iii) arrangements for the maintenance, repair and alteration of plant and installations,
(iv) the competence of people who may deal with plant and installations during the life cycle of the plant and installations at the coal operation,
(v) arrangements for the supervision of people installing, commissioning, maintaining and repairing mechanical plant to be undertaken by people with appropriate mechanical engineering competence or qualified mechanical tradespersons,
(vi) safe work procedures for people who may deal with plant and installations during the life cycle of the plant and installations at the coal operation,
(b) the safe operation of conveyors, winding plant and mobile plant (beyond requirements under the transport arrangements in the surface transport management plan prepared under clause 30 and the underground transport management plan prepared under clause 31),
(c) the safety of structures and mechanical installations,
(d) the fitting of mechanical operator protective devices to protect from the risk of mobile plant overturning, objects falling on or coming into contact with the operator and the operator being ejected from the seat, in the form of the following:
(i) rollover protection and falling object protection on mobile plant that is suitable for the intended surface and the underground environment,
(ii) seat belts or other operator restraint devices on mobile plant,
(iii) protective canopies on continuous miners when controlled by an on-board operator,
(e) the safe use and storage of pressurised fluids,
(f) means for the prevention, detection and suppression of fires on mobile plant and conveyors,
(g) the control of diesel-engined plant and installations, including the following:
(i) the use only of plant and installations containing a registered diesel system in the underground parts of the coal operation,
(ii) the maintenance of explosion-protected plant and installations in an explosion-protected state,
(h) the use, as Gazetted, of fire-resistant hydraulic fluids in the underground parts of the coal operation,
(i) management systems to control diesel pollutants in the underground parts of a coal operation.
Ventilation arrangements for an underground mine must provide for the following:
(a) the design, monitoring and control of the underground ventilation arrangements (including design, monitoring and control required to support gas management, spontaneous combustion management or other hazard management arrangements at the mine that are dependent on ventilation),
(b) the supply to all accessible parts of the mine of sufficient ventilation:
(i) to provide air that contains by volume not more than 0.005 per cent carbon monoxide and not more than 1.25 per cent carbon dioxide, and
(ii) to render harmless any flammable gases or other atmospheric contaminant, to the degree required to conform with the regulations made under the Occupational Health and Safety Act 2000,
(c) the maintenance of the methane concentration in the general body of air:
(i) at not more than 0.25 per cent by volume in an intake airway at the start of a hazardous zone, and
(ii) at not more than 2 per cent by volume in a hazardous zone,
(d) the action to be taken if the limits referred to in paragraphs (b) and (c) are found, or reasonably suspected, to be exceeded at a place at the mine,
(e) the maintenance of return airways in a condition so that they are accessible to those who must inspect them or travel through them in an emergency,
(f) the control of ventilation,
(g) reporting procedures relating to ventilation,
(h) the maintenance of ventilation records and plans,
(i) the manner of sealing of parts of the mine and the precautions to be taken in sealing parts of the mine,
(j) audits of the operation of the arrangements and for periodic reviews (at intervals not exceeding 2 years) of the effectiveness of the arrangements,
(k) any matters required to put into effect the provisions of Division 3 of Part 4.
For the purposes of section 25 of the Act, the following information relating to the health and safety management system for a coal operation is specified as being required to be supplied by the operator of the coal operation to the Chief Inspector and an industry check inspector:
(a) an outline of the contents of the health and safety management system for the operation,
(b) a copy of the health and safety policy required by section 23 (3) (a) of the Act,
(c) an identification, by means of an organisation chart, of people responsible for the major functions in the management structure of the operation,
(d) an outline of each major hazard management plan of the operation including any codes, standards or guidelines utilised in the plan,
(e) an outline of the electrical engineering management plan for the operation,
(f) an outline of the mechanical engineering management plan for the operation.
For the purposes of section 26 (3) of the Act, the period prescribed for re-submission of a health and safety management system is 3 months.
For the purposes of section 29 (1) of the Act, the information concerning an amended health and safety management system for a coal operation is the information required by clause 22, to the extent that it is affected by the amendment. That information is required to be sent to the Chief Inspector and an industry check inspector.
For the purposes of section 29 (4) of the Act, the period of 28 days is prescribed.
For the purposes of section 29 (5) of the Act, amendments of the following kinds cannot be implemented during the period of 28 days after informing the Chief Inspector of the amendment:
(a) the addition or removal of a major hazard management plan in response to the addition or removal of a major hazard as being one to which Subdivision 2 of Division 2 of Part 5 of the Act applies,
(b) a change of the codes, standards or guidelines utilised in a major hazard management plan, but not a change to the content of codes, standards or guidelines,
(c) changes in the responsibility for major functions covered by the management structure.
For the purposes of section 31 of the Act, the functions prescribed are the functions of the operator of updating or modifying the information provided to the operator by the colliery holder under section 18 of the Act.
A major hazard will be one to which Subdivision 2 of Division 2 of Part 5 of the Act applies if:
(a) it is prescribed by regulations made under section 32 of the Act (see clause 28 below), or
(b) it is identified as a major hazard after the Minister has declared under section 33 of the Act that the operator of a coal operation, or the operators of a class of coal operations, must undertake a specified process or specified processes to identify any major hazard that affects the coal operation.
In addition, under section 34 of the Act, the Minister may declare that a coal operation, or class of coal operations, is subject to a risk from mining from a major hazard to which Subdivision 2 of Division 2 of Part 5 of the Act applies.
For the purposes of section 32 of the Act, the following hazards to people are prescribed as major hazards to which Subdivision 2 of Division 2 of Part 5 of the Act applies:
(a) in relation to all surface parts of a coal operation:
(i) hazards arising from slope instability (including high walls, low walls, stockpiles and overburden dumps), and
(ii) hazards arising from the use and operating environment of plant used for the transport of people or materials on the surface part of the operation,
(b) in relation to all underground parts of a coal operation:
(i) hazards arising from the transport of people and materials, in particular from transport that is operated in the underground parts of the coal operation and locomotives that are operated on the surface part of the coal operation where the surface rail system operates jointly with the underground system, and
(ii) hazards arising from strata failure, and
(iii) hazards arising from inrush into the underground parts of the coal operations of:
(A) water or other fluid materials, or any materials that become fluid when wet, or
(B) flammable or noxious gases, and
(iv) hazards arising from fire and explosion, and
(v) hazards arising from the initiation and propagation of coal dust explosions, and
(vi) outbursts of coal and gas, and
(vii) spontaneous combustion,
(c) in relation to all parts of a coal operation:
(i) hazards arising from the handling of explosives, and
(ii) hazards arising from airborne dust.
Section 36 of the Act requires a major hazard management plan:
(a) to state how the health and safety of the people who work at or are affected by the coal operation will be protected from the major hazard, and
(b) to make provision for the matters prescribed by the regulations.
This Subdivision prescribes the matters for which major hazard management plans must make provision.
For the purposes of section 36 of the Act, a major hazard management plan in relation to a major hazard arising from slope instability must make provision for the monitoring of the control and stability of high walls, low walls, stock piles and overburden dumps in so far as the safety of people at the operation may be affected.
For the purposes of section 36 of the Act, a major hazard management plan in relation to hazards arising from the use and operating environment of plant used for the transport of people or materials on the surface part of the operation (
(a) the conditions under which the transport may be used,
(b) transport being used only within its design parameters,
(c) the design (including appropriate signage and provision of adequate windrows) of roadways on which the transport may operate,
(d) the maximum loads that may be carried or towed by the transport, whether by reference to weight, dimensions or other criteria,
(e) the maximum speeds at which the transport may operate,
(f) the steps to be taken by the operators of the transport to ensure that the transport is safe for use,
(g) the measures to be taken when people are conveyed on the transport, including the segregation of people from loads, the provision of seating and the wearing of seat belts or the use of other operator restraint devices,
(h) the operation of the transport on roadways where the condition of the roadways may adversely affect safety,
(i) the loading and unloading of the transport,
(j) the interaction of heavy and light transport,
(k) the separation of people who are not being transported from moving transport,
(l) the precautions to be taken in the tipping of coal or stone,
(m) any other matters identified in the operator’s regular re-assessment of risks.
In this clause:
For the purposes of section 36 of the Act, a major hazard management plan in relation to a major hazard comprising hazards arising from the transport of people and materials, in particular from transport that is operated in the underground parts of the coal operation and locomotives that are operated on the surface part of a coal operation where the surface rail system operates jointly with the underground system, must make provision for the following matters:
(a) provision of sufficient means of transport to ensure that risk to people at a coal operation, during access and egress from their place of work, is controlled,
(b) conditions for the safe operation of the transport,
(c) transport being used only within its design parameters,
(d) minimum dimensions and the condition of roadways on which the transport is to operate,
(e) the maximum loads that may be carried or towed by the transport, whether by reference to weight, dimensions or other criteria,
(f) the safe carriage of people, including the segregation of people from loads, the provision of seating and the wearing of seat belts or the use of other operator restraint devices,
(g) the safety of people working, or travelling, in or near roadways used by the transport,
(h) the safe parking, refuelling and re-charging of the transport,
(i) the appointment of people to operate the transport,
(j) steps to be taken prior to operating the transport,
(k) steps to be taken on discovery of a defect in the transport.
For the purposes of section 36 of the Act, a major hazard management plan in relation to a major hazard comprising hazards arising from strata failure must make provision for the following matters:
(a) the estimation of the geological conditions likely to be encountered in roadway development,
(b) the assessment of the stability of roadways to be developed in those geological conditions,
(c) the recording of geological conditions that may affect roadway stability,
(d) the development of support measures that will provide roadway stability in those geological conditions,
(e) calculations (including maximum roadway width and the minimum dimensions of coal pillars) to determine the probability of instability to be assigned to any coal pillar, consistent with the pillar’s role or roles over its life,
(f) the preparation and distribution of support plans that clearly describe the following:
(i) the type of support,
(ii) the dimensions of the support,
(iii) the locations where there are varying types of supports in use,
(iv) the distance between supports,
(v) the maximum distance roadways can be advanced before support is installed,
(vi) the means of roadway support required to be installed in a manner such that they may be readily understood by those required to install the roadway support,
(g) other information necessary to enable an employee to install support according to the requirements of the management plan,
(h) safe, effective and systematic work methods for the installation, and subsequent removal when required, of the roadway support (including support in connection with the carrying out of roof brushing operations or the recovery of plant),
(i) the availability of adequate plant and resources to effectively install or remove the roadway support,
(j) the monitoring of the stability of roadways after development and support installation,
(k) the training of employees in support design principles, support plan interpretation, placement and removal of support, understanding the need for and the importance of the various support systems and recognition of indicators of change that may affect roadway stability,
(l) the recording of strata failures that have the potential to cause serious injury (such as a notifiable incident under clause 55) to people,
(m) a description of the following features and any special provision made for them:
(i) any multi-seam workings,
(ii) any mining that has the potential to cause windblast or rapid stress change,
(iii) any mining at depths of less than 50 metres,
(iv) any coal pillars with a pillar width to pillar height ratio of 4:1 or less,
(n) a prohibition on people entering an underground place at the coal operation that is not supported in accordance with the management plan, unless the person does so for the purpose of erecting support, in which case temporary support must be used,
(o) a prohibition on mining in any place at the coal operation unless there is sufficient support for the place in accordance with the requirements of the management plan,
(p) a statement that nothing in the management plan is to be read as preventing the installation of more strata support or support installation at more frequent intervals than is required by the management plan.
For the purposes of section 36 of the Act, a major hazard management plan in relation to a major hazard comprising hazards arising from any inrush into the underground parts of the coal operation of water or other fluid materials, or any materials that become fluid when wet, or flammable or noxious gases, must make provision for the following matters:
(a) in assessing the risk of inrush, the consideration of the originals of any relevant plans and any relevant files or other material held by, or accessible by, the Department,
(b) the identification of each potential source of inrush (for example, current or disused mine workings (in the same seam or another seam), surface waters or aquifers), which must include the following:
(i) the consideration of all available relevant information concerning the risk of inrush to the operation,
(ii) an assessment of the nature and magnitude of all potential sources of inrush,
(iii) a record of assumptions made in the development of the inrush management plan,
(iv) for each potential source of inrush, an assessment of the worst case position of the potential source of inrush having regard to such things as the accuracy of plans of the mine, future mining operations and geological changes,
(c) the forming by the manager of mining engineering of an opinion as to whether or not it is practicable to remove or render harmless each identified potential source of inrush,
(d) if the manager of mining engineering is of the opinion that it is not practicable to remove or render harmless a potential source of inrush—the documenting by the manager of the reasons for being of that opinion and the retention of that document at the coal operation,
(e) an objective summary of the nature and magnitude of the identified risks of inrush,
(f) the measures to be taken to prevent inrushes,
(g) the identification and maintenance of inrush control zones between the mine workings and each identified potential source of inrush,
(h) any special systems of working developed for mining and working in inrush control zones,
(i) any assumptions made in the development of measures to prevent inrushes,
(j) maintenance of the major hazard management plan so that at all times it implements the best available knowledge of risk of inrush at the mine,
(k) the reviewing and updating of the major hazard management plan before the mine is extended into any new area,
(l) ensuring that an inrush control zone identified in the major hazard management plan:
(i) is of sufficient thickness to safely separate the mine workings from the relevant potential source of inrush, or
(ii) in the case of a potential source of inrush that is not an accessible place in the same mine—is sufficient to provide a separation of 50 metres of solid rock between the mine workings and the assessed worst case position of the potential source of inrush.
Clause 49 prescribes working within an inrush control zone as a high risk activity to which Subdivision 6 of Division 2 of Part 5 of the Act applies.
The Director-General is to take reasonable steps to make information that the operator of a coal operation requests that concern inrush available to the operator for the purposes of the preparation of the major hazard management plan.
For the purposes of section 36 of the Act, a major hazard management plan in relation to a major hazard comprising hazards arising from fire and explosion must make provision for the following matters:
(a) regular assessment of the fire and explosion risk at the coal operation,
(b) implementation of control measures to effectively manage risks identified,
(c) the means by which the requirements of Subdivision 1 of Division 1 of Part 4 relating to fire and explosion risk are to be implemented at the coal operation.
For the purposes of section 36 of the Act, a major hazard management plan in relation to a major hazard comprising hazards arising from the initiation and propagation in the underground parts of a coal operation of dust explosions must make provision for the following matters:
(a) the minimisation of production and accumulation of roadway dust,
(b) the maintenance, through the application of stone dust or otherwise, of the incombustible content of roadway dust required by Division 2 of Part 4,
(c) the required application rates and means of application of stone dust to be applied in working places,
(d) the methods by which parts of advancing working places that have not yet had stone dust applied are to be maintained in a safe condition,
(e) the means by which stone dust is to be applied to surfaces in return roadways in close proximity to working faces,
(f) the application of stone dust to previously untreated roadway surfaces (resulting from roof or rib spall, the movement of plant or otherwise),
(g) the procedures, methods or indicators to be used to give an indication whether or not required levels of incombustible content of roadway dust are being maintained,
(h) the procedures for, and frequency of, examination, sampling and testing of roadway dust to confirm whether or not required levels of incombustible content are being maintained,
(i) the procedures for the re-application of stone dust in parts of a mine (with particular reference to roadways containing conveyor belts),
(j) the procedures for the installation and maintenance of explosion barriers and other explosion suppression measures,
(k) the means (which must comply with Division 2 of Part 4) for determining and recording maximum likely concentrations of flammable gas in parts of the mine,
(l) the making and retention of reports of examination, sampling and testing of roadway dust and the examination of explosion barriers,
(m) provisions for periodic audits (at intervals not exceeding one year) of the plan’s operation, in relation to which:
(i) each auditor must be a licensed person, and
(ii) the operator must, in respect of each audit of the mine’s explosion suppression system’s operation, obtain from the auditor a report as to whether or not the system is being followed at the mine, and as to whether or not the intended aims of the system are being achieved, and
(iii) the operator must provide a copy of each report to the Chief Inspector and an industry check inspector as soon as practicable after the conduct of the audit, together with a report by the operator as to how any shortcomings revealed by the audit are to be rectified.
Division 2 of Part 4 makes further provision for the control of coal dust explosions.
For the purposes of section 36 of the Act, a major hazard management plan in relation to a major hazard comprising hazards arising from the handling of explosives must make provision for the following matters:
(a) in the case of an underground mine:
(i) the testing of ignition circuit integrity and initiation of an explosion only by the use of electric shotfiring apparatus of a type Gazetted as suitable for use in the underground parts of the mine, and then only in a manner complying with any Gazetted conditions, and
(ii) restricting the use of explosives in underground parts of the mine to explosives that are of a type Gazetted for use in those parts,
(b) in the case of the surface parts of a coal operation, a requirement that a person who designs or initiates a shot must ensure that fly rock does not present a risk to people (whether at the coal operation or not),
(c) the use of explosives only by people who are licensed under the Explosives Act 2003 to use explosives at the coal operations,
(d) the keeping of a register identifying those people currently at, or providing a service to, the coal operation who are licensed under the Explosives Act 2003 to handle explosives at the coal operation,
(e) co-operation between the operator and any person licensed under the Explosives Act 2003 to handle explosives, so as to ensure the safety of the storage, handling, transportation and use of explosives, including compliance with any conditions attached to the licence under the Explosives Act 2003 of the person handling the explosive.
A coal operation is subject to the requirements of the Explosives Act 2003 and the regulations made under that Act.
For the purposes of section 36 of the Act, a major hazard management plan in relation to a major hazard comprising hazards arising from airborne dust must make provision for the following matters:
(a) the measures to be taken to minimise the exposure of people at the coal operation to any airborne dust, including both operational and personal protective measures,
(b) the measures to be taken to prevent the exposure of people at the coal operation to airborne dust concentrations in excess of Gazetted limits,
(c) in particular, the use of water or other suitable agents or engineering methods generally to reduce airborne dust resulting from the mining, transport or handling of coal,
(d) the arrangements for the regular collection and analysis of samples, by a licensed person independent of the operation, of airborne dust from the breathing zone of people whose health may be affected by the dust, being arrangements that comply with Gazetted criteria,
(e) the procedures under which, if a concentration of airborne dust in a sample exceeds a Gazetted limit, the operator must within 7 days:
(i) inform any person from whose breathing zone the sample was taken, and
(ii) take action to ensure that the concentration of dust in circumstances similar to those in which the sample was taken is reduced, and
(iii) arrange for the collection and analysis, by a licensed person, of a further sample in circumstances similar to those in which the original sample was taken,
(f) the measures to be taken if the concentration of airborne dust in the further sample exceeds a Gazetted limit (which must include the operator informing the Chief Inspector and an industry check inspector),
(g) the right of a person from whose breathing zone a sample of airborne dust was collected and analysed to know the result of that analysis and to examine any record of samples concerning that person that is maintained by the operator,
(h) the keeping of records of all samples and the results of the analysis of those samples,
(i) the keeping of records of actions taken to reduce dust concentrations either resulting from a Gazetted limit being exceeded or in response to a direction of a government official under clause 39.
In this clause:
A government official may direct an operator of a coal operation to arrange for a licensed person to collect samples of airborne dust and to analyse those samples.
The official may specify, in the direction, the arrangements, including the location, time and working conditions, for the taking of the samples.
The licensed person must report the results of the analyses of the samples to the operator as soon as practicable.
Part 5 provides for the licensing of certain activities, including sampling and analysis of airborne dust.
The following are prescribed as matters for which a contractor management plan for a coal operation must make provision under section 40 of the Act:
(a) pre-assessment of contractor health and safety arrangements (including safety management, competence of people and fitness for purpose of plant) prior to engagement,
(b) site induction of contractors, sub-contractors and their employees,
(c) monitoring of contractor compliance with site health and safety requirements, including compliance with the Act and this Regulation.
For the purposes of section 198 (1) (a) of the Act, the following classes of contractors are specified as contractors in relation to whom Subdivision 4 of Division 2 of Part 5 of the Act does not create any duties:
(a) delivery contractors,
(b) office equipment service contractors,
(c) office cleaning contractors,
(d) catering contractors,
(e) other contractors who are not engaged in mining work, construction work or work in connection with mining work or construction work.
The result of this specification is that no duties binding on an operator with respect to the specified contractors are created by Subdivision 4 of Division 2 of Part 5 of the Act. An operator may still have duties to these classes of contractors by virtue of their being non-employees at the operator’s place of work under section 8 (2) of the Occupational Health and Safety Act 2000.
For the purposes of section 198 (1) (b) of the Act, all contractors who are referred to in clause 41 are specified as contractors in relation to whom Division 6 of Part 5 of the Act does not apply.
The result of this specification is that Division 6 (Duties of contractors) of Part 5 of the Act does not apply to the relevant class of contractors: see section 198 (1) (b) of the Act.
For the purposes of section 75 (1) of the Act, the following classes of contractors are prescribed as contractors to whom section 75 of the Act applies:
(a) contractors undertaking activities prescribed by clause 49 as high risk activities to which Subdivision 6 of Division 2 of Part 5 of the Act applies,
(b) blast contractors at an open cut coal operation.
Section 75 of the Act requires a contractor to whom the section applies to ensure that a site-specific occupational health and safety management plan is prepared for a coal operation before commencing work at the coal operation.
The management structure for a coal operation must include:
(a) the identity and contact details of the primary emergency contact for the coal operation, and
(b) the identity and contact details of an alternative emergency contact for the coal operation.
In relation to an underground mine, the management structure for the coal operation must include a sufficient number of people to exercise the functions of a mining supervisor for an underground mine, each being an employee of the operator who is competent to exercise those functions.
The mining supervisors for an underground mine must include sufficient people to exercise functions as:
(a) under managers, to supervise the entire underground mine on any shift where production or alterations to ventilation systems are taking place, except where:
(i) the only operations being carried out at the mine are on the surface, or
(ii) operations taking place at the mine do not involve:
(A) the employment of more than 15 people underground at any one time, or
(B) any alteration to the mine ventilation system or any alteration to the ventilation of a part of the mine (other than an alteration which it is usual to make during the working of a part of the mine), or
(iii) no more than 15 people are underground at any one time and, with the prior approval of the Chief Inspector, coal is being extracted by the longwall or shortwall method of mining or pillars are being removed, and
(b) deputies, to supervise employees.
In relation to an open cut mine, the management structure for the coal operation must include a sufficient number of people to exercise the functions of a mining supervisor for an open cut mine, each being an employee of the operator who is competent to exercise those functions.
For the purposes of section 47 (2) (h) of the Act, an emergency management system for a coal operation must adequately address the following matters in addition to those specified in section 47 of the Act:
(a) fire and emergency provisions for both the surface part and the underground part of the coal operation, including the following:
(i) general emergency procedures,
(ii) provisions for the treatment and transport of sick or injured people,
(iii) the appointment and duties of fire officers,
(iv) the establishment and training of fire teams,
(v) the supply and maintenance of fire fighting equipment,
(vi) general workforce training in the use of fire fighting equipment,
(vii) the provision and supply of water storage and reticulation,
(viii) emergency fire procedures,
(ix) reporting and replacement of damaged fire equipment,
(x) compatibility of fire equipment with equipment of State fire brigades and adjacent mines,
(b) fire and emergency provisions for the underground parts of the coal operation, including the following:
(i) the actions and procedures to be taken by a person who discovers a fire at the mine,
(ii) the escape or evacuation of people from areas affected by emergencies,
(iii) the procedures to be adopted when emergency services external to the mine are required,
(iv) at least 2 means of egress from each production area or other part of the mine to the surface part of the mine so that, in the event of any roadway becoming impassable, another is always available,
(v) the effective communication to all people required to work or travel in the underground parts of the coal operation of the paths of egress from each underground part of the mine,
(vi) a means by which people who may need to use paths of egress are made familiar with them,
(vii) the marking of paths of egress so that people can safely travel on them in conditions of poor visibility,
(viii) sufficient transport or alternate means of escape, in combination with escape plant, to allow the safe evacuation of people,
(ix) the appointment of competent persons to be on duty on the surface part of the coal operation whenever anyone is in the underground parts of the coal operation, with effective means of communication to people in the underground parts of the coal operation,
(x) the rapid and effective sealing of the mine (while at the same time allowing for re-entry to the mine),
(xi) the keeping by the operator of an accurate record of the people underground at the coal operation at any time, and their likely location, and the making available of that record at any time,
(c) in relation to both the surface parts of the coal operation and the underground parts of the coal operation—regular testing as to the effectiveness of the provisions,
(d) first aid arrangements, including the provision of appropriate facilities, competent people and procedures having regard to the nature of the work undertaken at the coal operation and the work environment (both on the surface part of the coal operation and in the underground parts of the coal operations),
(e) arrangements for the treatment of electric shock and fluid injection injuries together with the effective training of people providing such treatment.
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.
The Minister may remove a member from office at any time.
If the office of any member becomes vacant, a person is, subject to the Act and this Part, to be appointed to fill the vacancy.
The Minister is not bound to use an existing panel when filling a vacancy of an employer representative or employee representative, but may seek the submission of additional representation to the panel or the formation of a new panel.
The Chairperson or Deputy Chairperson vacates office as Chairperson or Deputy Chairperson if he or she:
(a) is removed from that office by the Minister under this clause, or
(b) resigns that office by instrument in writing addressed to the Minister, or
(c) ceases to be a member of the Board.
The Minister may at any time remove the Chairperson or Deputy Chairperson from office as Chairperson or Deputy Chairperson.
If:
(a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Board, and
(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,
the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Board.
A disclosure by a member at a meeting of the Board that the member:
(a) is a member, or is in the employment, of a specified company or other body, or
(b) is a partner, or is in the employment, of a specified person, or
(c) has some other specified interest relating to a specified company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person that may arise after the date of the disclosure and that is required to be disclosed under subclause (1).
Particulars of any disclosure made under this clause must be recorded by the Board in a book kept for the purpose and that book must be open at all reasonable hours for inspection by any person on payment of the fee determined by the Board.
After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Board otherwise determines:
(a) be present during any deliberation of the Board with respect to the matter, or
(b) take part in any decision of the Board with respect to the matter.
For the purposes of the making of a determination by the Board under subclause (4), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:
(a) be present during any deliberation of the Board for the purpose of making the determination, or
(b) take part in the making by the Board of the determination.
A contravention of this clause does not invalidate any decision of the Board.
This clause applies to a member of a committee of the Board and the committee in the same way as it applies to a member of the Board and the Board.
The Board may establish committees to assist it in the exercise of its functions.
It does not matter that any or all of the members of a committee are not members of the Board.
Unless determined otherwise by the Board, the procedure of a committee is to be the same as for the Board.
The procedure for the calling of meetings of the Board and for the conduct of business at those meetings is, subject to this Part, to be as determined by the Board.
The quorum for a meeting of the Board is a majority of its members for the time being.
The Chairperson (or, in the absence of the Chairperson, the Deputy Chairperson, or in the absence of both the Chairperson and the Deputy Chairperson, a person elected by the members of the Board who are present at a meeting of the Board) is to preside at a meeting of the Board.
The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
A decision supported by a majority of the votes cast at a meeting of the Board at which a quorum is present is the decision of the Board.
The Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Board for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Board.
The Board may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.
For the purposes of:
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the Chairperson and each member have the same voting rights as they have at an ordinary meeting of the Board.
A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Board.
Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
The presiding member at a meeting of the Board must cause a record of the proceedings at the meeting to be made.
The Minister may call the first meeting of the Board in such manner as the Minister thinks fit.
For the purposes of section 165 of the Act, the operator must ensure that training of a site check inspector is undertaken as soon as practicable after a site check inspector is elected (unless the site check inspector has previously undertaken an accredited course of training).
For the purposes of section 173 of the Act, the qualifications for industry check inspectors are:
(a) a certificate of competence to be a deputy or an open cut examiner at a coal operation, and
(b) completion of the accredited course of training for site check inspectors required by section 165 of the Act.
For the purposes of section 174 (e) of the Act, the functions of an industry check inspector include participation in:
(a) inspections, and
(b) examinations, and
(c) discussions, and
(d) meetings, and
(e) interviews (other than formal interviews),
conducted at a coal operation and in connection with the investigation of a notifiable incident.
A person may apply to the Chief Inspector for an exemption from any provision of this Regulation.
Before making such an application, the person must cause notice of the proposed application to be given:
(a) to all people employed at the coal operation concerned, or
(b) in accordance with any consultation arrangements agreed by the operator of a coal operation and the people who work at the coal operation.
The notice:
(a) must state that the person proposes to seek an exemption from this Regulation, and
(b) must state the effect of such an exemption, and
(c) must invite the people to whom the notice is given to make submissions, in writing or orally, concerning the proposal to apply for the exemption, and
(d) must specify the person to whom, and the date by which, any such submissions must be made.
An application must be in writing and must include copies of the written submissions, and a summary of the oral submissions, made in connection with the application.
On receipt of the application, the Chief Inspector:
(a) may, by order in writing, exempt the person from a specified provision of this Regulation if the Chief Inspector is satisfied that:
(i) the person is capable of achieving at least an equivalent level of safety as would be achieved if the provision had been complied with, or
(ii) the application of the provision to the person is inappropriate or unnecessary in the circumstances, or
(b) may dismiss the application.
An exemption under this clause may be given unconditionally or subject to such conditions as the Chief Inspector considers appropriate and specifies in the order.
Unless withdrawn, an exemption under this clause has effect for such period (not exceeding 5 years) as is specified in the exemption. If no such period is specified, the exemption has effect for a period of 5 years after it is granted.
The Chief Inspector may, by order in writing served on the person concerned, withdraw an exemption under this clause if the Chief Inspector is satisfied that the withdrawal is justified on health or safety grounds.
See clause 209 as to the administrative review by the Civil and Administrative Tribunal of a decision by the Chief Inspector to dismiss an application for an exemption, to impose a condition on an exemption or to withdraw an exemption.
The Chief Inspector may, by order published in the Gazette, exempt any class of people or things from a specified provision of this Regulation.
An exemption under this clause may be unconditional or subject to such conditions as the Chief Inspector considers appropriate and specifies in the order.
Unless earlier withdrawn, an exemption under this clause has effect for such period (not exceeding 5 years) as is specified in the exemption. If no such period is specified, the exemption has effect for a period of 5 years after it is granted.
The Chief Inspector may, before granting an exemption under this clause, give notice of the proposed exemption to such people or bodies as the Chief Inspector considers appropriate.
The Chief Inspector may, by order published in the Gazette, withdraw an exemption under this clause if the Chief Inspector is satisfied that the withdrawal is justified on health or safety grounds.
The Chief Inspector is required to keep and make available for public inspection a register of all exemptions granted under this Part that are in force.
The Chief Inspector is not required to include in the register confidential personal information about an individual or information relating to manufacturing or commercial secrets or working processes.
In this Division:
(a) that requires medical treatment, or
(b) that results in an inability of the person to perform his or her normal job duties at any time after the injury, or
(c) that requires the person to perform alternative duties,
and includes an injury sustained at a place of work to which the Act applies, and journey injuries sustained while travelling to or from the place of work, but does not include an injury sustained otherwise.
The operator of a coal operation must keep the following records of the occurrence of any workplace injury to either an employee of the operator or a contractor:
(a) the time and date of the injury or, if the time or date is not known, the time and date on which the injury is taken to have been sustained,
(b) the nature of the injury,
(c) the cause of the injury,
(d) whether the injured person is an employee of the operator or is a contractor,
(e) the identification of any item of plant involved,
(f) the ratio of the number of employees to the number of contractors working at the coal operation at the time of the injury,
(g) the period of time (if any) that the injured person had been on duty at the coal operation on the day or shift on which the injury occurred,
(h) any other Gazetted details.
Any record made under this clause must be retained at the coal operation for at least 5 years.
The Chief Inspector may, by notice in writing, require the operator of a coal operation to furnish the Chief Inspector with specified information concerning workplace injuries.
That information must be in the form and manner required by the Chief Inspector.
An operator who receives such a requirement must comply with it.
The operator of a coal operation must, as soon as practicable, but in any case within 30 days after the end of each quarter ending 31 March, 30 June, 30 September and 31 December, report the information required by this clause to the Chief Inspector in the Gazetted form and manner.
The information required by this clause for each quarter is the following:
(a) the total number of workplace injuries at the coal operation during the quarter,
(b) the number of those injuries that were to employees,
(c) the number of those injuries that were to contractors,
(d) the ratio of injuries to employees to injuries to contractors,
(e) the total number of hours worked by employees during the quarter,
(f) the total number of hours worked by contractors during the quarter,
(g) the starting and finishing times of each shift worked at the coal operation,
(h) any other Gazetted information.
A record required to be kept by the Act or this Regulation must be retained for at least 5 years after it is made, except for a record that is required, by a particular provision of the Act or this Regulation, to be retained for a different period.
An advice given by a government official under section 150 of the Act must be in writing.
For the purposes of section 196 (1) of the Act, a person is authorised to apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of a decision of any of the following classes:
(a) a decision by the Chief Inspector under section 17 of the Act to reject the nomination of an operator,
(b) a decision by the Minister under section 138 (1) (h) of the Act to declare that a person’s competence is not recognised,
(c) a decision by the Chief Inspector under section 161 of the Act to disqualify a site check inspector,
(d) a decision by the Chief Inspector under clause 154 to refuse to grant a licence,
(e) a decision by the Chief Inspector under clause 158 to amend a condition of a licence,
(f) a decision by the Chief Inspector under clause 160 to suspend or cancel a licence,
(g) a decision by the Minister under clause 174 to suspend or cancel a certificate of competence,
(h) a decision by the Chief Inspector under Part 9 to dismiss an application for an exemption, to impose a condition on an exemption or to withdraw an exemption.
The Chief Inspector is taken, for the purposes of an application for an administrative review by the Civil and Administrative Tribunal, to have refused to grant a licence, if the Chief Inspector does not determine an application for a licence within 3 months after the making of the application.
For the purposes of section 219 (1) (f) of the Act, the Minister is authorised to determine the fees and charges payable for the following purposes in connection with the Act:
(a) the collection of samples of roadway dust by an explosion suppression officer under clause 96,
(b) the processing of a notification under Part 3,
(c) the lodging of an application for a licence under Part 5,
(d) the grant of a licence under Part 5,
(e) the re-issue or renewal of a licence under Part 5.
The Chief Inspector may, in the interests of promoting safety or health, publish material arising from:
(a) investigations or other activities undertaken by inspectors or mine safety officers, or
(b) information provided by individuals or organisations associated with coal operations, or
(c) information provided by or acquired from organisations associated with safety or health.
Any requirements of the Chief Inspector, either generally or in a particular case, and communicated to an operator in regard to informing any specified class of people working at coal operations of any material relating to safety or health (whether published by the Chief Inspector or otherwise) must be complied with by the operator.
The Chief Inspector must ensure that any notice published in the Gazette for the purposes of this Regulation is available for inspection, free of charge, at each office of the Department.
A person who contravenes a provision of this Regulation is guilty of an offence and is liable to a penalty not exceeding 250 penalty units.
Schedule 2 has effect.
(Clause 6)
Places of work that are within a colliery holding but outside a coal operation, being places of work at which the work carried out is not any of the following activities:
(a) mining,
(b) the construction, maintenance or use (in or in connection with mining) of:
(i) any building or mining plant, or
(ii) any road, railway, tramway, bridge or jetty, or
(iii) any reservoir, dam, drain or water race, or
(iv) any cable, conveyor, pipeline, telephone line or signalling system, or
(v) any bin, magazine or fuel chute, or
(vi) any pit, shaft, drive, level, drift, excavation or work, or
(vii) any other structure,
(c) the stockpiling or depositing of overburden, coal or waste material from a coal operation,
(d) the storage of fuel, machinery, timber or plant for use in or in connection with mining,
(e) the generation or transmission of electricity for use in or in connection with mining,
(f) the construction, maintenance and use (in or in connection with mining) of any drill hole or shaft for:
(i) the drainage of gas, or
(ii) the drainage or conveyance of water, or
(iii) ventilation, or
(iv) the conveyance of electricity, or
(v) communications, or
(vi) emergency access to underground workings,
(g) transport or travel of any person or thing in connection with any activity referred to in paragraph (a)–(f), regardless of whether the activity is carried out inside or outside a coal operation,
(h) carrying out works on the surface of land for the purpose of testing the coal bearing qualities of the land, which may include works on the surface to remove samples from the land for that purpose,
(i) drilling from the surface for a mining purpose in connection with the mining of coal or for the purpose of discovering or proving the existence of coal,
(j) restoring or rehabilitating a site where mining has occurred or where any of the activities referred to in paragraph (b) have occurred,
(k) preparing a site where mining will occur or where any of the activities referred to in paragraph (b) will occur for a use referred to in that paragraph,
(l) drilling from the surface for the purpose of discovering or proving the presence of coal.
Places of work that are abandoned coal operations (or parts of abandoned coal operations), being places of work at which the work carried out is not of any of the following activities:
(a) fencing, sealing, filling, maintenance or other work of a kind referred to in Division 2 of Part 6 of the Act,
(b) restoring or rehabilitating the site of the abandoned coal operation or part.
(Clause 214)
A person who was the owner of a mine for the purposes of the Coal Mines Regulation Act 1982 immediately before the repeal of that Act is taken to have been nominated as the operator of the corresponding coal operation until a new operator is nominated under section 17 of the Coal Mine Health and Safety Act 2002 or until a date that is 2 months after the commencement of this clause, whichever occurs first.
If, within 2 months after the commencement of this clause, the nomination of the operator of a coal operation is rejected for the first time, the person who was the owner of a mine for the purposes of the Coal Mines Regulation Act 1982 immediately before the repeal of that Act is taken to have been nominated as the operator of the coal operation until a further operator is nominated under section 17 of the Coal Mine Health and Safety Act 2002 or until a date that is 2 months after the commencement of this clause, whichever occurs first.
A legal obligation under sections 21–23, 28, 38, 41–43, 46, 51, 52 and 72–77 of the Act does not arise until 1 July 2007.
A person is not liable for an offence under sections 21–23, 28, 38, 41–43, 46, 51, 52 and 72–77 of the Act in respect of any act or omission that occurs before 1 July 2007.
However, subclause (2) does not apply to any failure to comply with the requirements of sections 21–23, 28, 38, 41–43, 46, 51, 52 and 72–77 of the Act that continues after 1 July 2007.
Despite its repeal, Division 8 of Part 4 of the Coal Mines Regulation Act 1982 continues to apply to coal operations until 1 July 2007.
Despite their repeal, clauses 35–37, 71, 126–132, 134–143 and 171–180 of the Coal Mines (Underground) Regulation 1999 continue to apply to coal operations until 1 July 2007.
Despite their repeal, clauses 11, 19 and 20 of the Coal Mines (Open Cut) Regulation 1999 continue to apply to coal operations until 1 July 2007.
Despite their repeal, clauses 9, 26 and 28–33 of the Coal Mines (General) Regulation 1999 continue to apply to coal operations until 1 July 2007.
A person who held appointment as an inspector under section 47A of the Occupational Health and Safety Act 2000 immediately before the repeal of the Coal Mines Regulation Act 1982 is taken to be an inspector. Any limitation of functions in the person’s instrument of appointment under section 47A of the Occupational Health and Safety Act 2000 applies to the person’s status as an inspector.
For the purposes of clause 7 of Schedule 3 to the Act, any management structure duly developed under clause 6 of the Coal Mines (Underground) Regulation 1999 and in force immediately before the repeal of that Regulation is acceptable, for the period of 6 months commencing on the commencement of this clause (unless sooner replaced), as fulfilling the requirement imposed by section 37 of the Coal Mine Health and Safety Act 2002 to prepare a management structure.
For the purposes of clause 7 of Schedule 3 to the Act, any inspection system duly developed for a mine under clause 6 of the Coal Mines (Open Cut) Regulation 1999, or any mine inspection system developed for a mine under clause 16 of the Coal Mines (Underground) Regulation 1999, and in force immediately before the repeal of the Coal Mines Regulation Act 1982 is acceptable, for the period of 6 months commencing on the commencement of this clause (unless sooner replaced), as fulfilling the requirement imposed by clauses 13 (a) and 15 of this Regulation in respect of the corresponding coal operation.
For the purposes of clause 7 of Schedule 3 to the Act, any withdrawal condition duly developed under clause 9 of the Coal Mines (Underground) Regulation 1999 and in force immediately before the repeal of that Regulation is acceptable, for the period of 6 months commencing on the commencement of this clause (unless sooner replaced), as fulfilling the requirement imposed by clause 13 (g) of this Regulation.
For the purposes of clause 7 of Schedule 3 to the Act:
(a) any transport rules duly developed under section 101 (2) (b) of the Coal Mines Regulation Act 1982, and any tipping rules developed under section 130 of that Act, and in force immediately before the repeal of that Act are acceptable, for the period of 12 months commencing on the commencement of this clause (unless sooner replaced), as fulfilling the requirement imposed by section 35 of the Coal Mine Health and Safety Act 2002 and clause 30 of this Regulation, and
(b) any transport rules duly developed under clause 60 of the Coal Mines (Underground) Regulation 1999, and in force immediately before the repeal of the Coal Mines Regulation Act 1982 are acceptable, for the period of 12 months commencing on the commencement of this clause (unless sooner replaced), as fulfilling the requirement imposed by section 35 of the Coal Mine Health and Safety Act 2002 and clause 31 of this Regulation to prepare an underground transport management plan in relation to the hazard of transport and haulage, in particular from transport that is operated in the underground parts of the coal operation and locomotives that are operated on the surface part of a mine where the surface rail system operates jointly with the underground system, and
(c) any support rules duly developed under section 102 of the Coal Mines Regulation Act 1982, or any support rules developed under clause 48 of the Coal Mines (Underground) Regulation 1999, and in force immediately before the repeal of the Coal Mines Regulation Act 1982 are acceptable, for the period of 6 months commencing on the commencement of this clause (unless sooner replaced), as fulfilling the requirement imposed by section 35 of the Coal Mine Health and Safety Act 2002 and clause 32 of this Regulation, and
(d) any inrush prevention system duly developed under clause 40 of the Coal Mines (Underground) Regulation 1999, and in force immediately before the repeal of the Coal Mines Regulation Act 1982 is acceptable, for the period of 6 months commencing on the commencement of this clause (unless sooner replaced), as fulfilling the requirement imposed by section 35 of the Coal Mine Health and Safety Act 2002 and clause 33 of this Regulation to prepare an inrush management plan in relation to the major hazard of inrush into the underground parts of the coal operation of water or other fluid material, or any material that becomes fluid when wet or flammable or noxious gases, and
(e) any shotfiring and explosives system duly developed under clause 25 of the Coal Mines (Open Cut) Regulation 1999 or clause 154 of the Coal Mines (Underground) Regulation 1999, and in force immediately before the repeal of the Coal Mines Regulation Act 1982 is acceptable, for the period of 12 months commencing on the commencement of this clause (unless sooner replaced), as fulfilling the requirement imposed by section 35 of the Coal Mine Health and Safety Act 2002 and clause 37 of this Regulation, and
(f) any airborne dust rules duly developed under clause 31 of the Coal Mines (Open Cut) Regulation 1999 or clause 163 of the Coal Mines (Underground) Regulation 1999, and in force immediately before the repeal of the Coal Mines Regulation Act 1982 are acceptable, for the period of 12 months commencing on the commencement of this clause (unless sooner replaced), as fulfilling the requirement imposed by section 35 of the Coal Mine Health and Safety Act 2002 and clause 38 of this Regulation, and
(g) any explosion suppression system duly developed under clause 172 of the Coal Mines (Underground) Regulation 1999 and in force immediately before the repeal of the Coal Mines Regulation Act 1982 is acceptable, for the period of 6 months commencing on the commencement of this clause (unless sooner replaced), as fulfilling the requirement imposed by section 35 of the Coal Mine Health and Safety Act 2002 and clause 37 of this Regulation.
For the purposes of clause 7 of Schedule 3 to the Act any egress plan duly developed under clause 107 of the Coal Mines (Underground) Regulation 1999 and in force immediately before the repeal of the Coal Mines Regulation Act 1982 is acceptable, for the period of 6 months commencing on the commencement of this clause (unless sooner replaced), as fulfilling the requirement imposed by clause 47 of this Regulation.
A notice issued under clause 128 of the Coal Mines (Underground) Regulation 1999 and in force immediately before the repeal of the Coal Mines Regulation Act 1982 is taken to be a direction issued under clause 18 (l) of this Regulation.
A person appointed to operate transport at a mine under the Coal Mines Regulation Act 1982, and whose appointment has not been revoked, is to be taken to be appointed to operate the same type of transport at the corresponding coal operation.
An approval for a workshop issued under clause 146 (1) of the Coal Mines (Underground) Regulation 1999 and in force immediately before the repeal of the Coal Mines Regulation Act 1982 is, for 12 months after the commencement of this clause, taken to be a licence for that purpose issued under Part 5 of this Regulation subject to the same conditions as to which it was approved.
An approval may be varied, suspended or cancelled in accordance with Part 5 of this Regulation.
An approval for a facility issued under clause 146 (2) of the Coal Mines (Underground) Regulation 1999 and in force immediately before the repeal of the Coal Mines Regulation Act 1982 is, for 12 months after the commencement of this clause, taken to be a licence for that purpose issued under Part 5 of this Regulation, subject to the same conditions as to which it was approved.
An approval may be varied, suspended or cancelled in accordance with Part 5 of this Regulation.
A person who was accredited under clause 175 (2) of the Coal Mines (Underground) Regulation 1999 immediately before the repeal of the Coal Mines Regulation Act 1982 is taken to have been licensed under Part 5 of this Regulation to conduct audits.
For the purposes of clause 7 of Schedule 3 to the Act, any isolation procedures duly developed under clause 27 of the Coal Mines (General) Regulation 1999 and in force immediately before the repeal of the Coal Mines Regulation Act 1982 is acceptable as fulfilling the requirement imposed by clause 83 of this Regulation to prepare isolation arrangements for 6 months, unless earlier amended or replaced.
For the purposes of section 53 (2) of the Act, an activity prescribed as a high risk activity by clause 49 that had been legally commenced prior to the commencement of Subdivision 6 of Division 2 of Part 5 of the Act is not subject to Subdivision 6 of Division 2 of Part 5 of the Act for as long as the approval for that activity under section 138 of the Coal Mines Regulation Act 1982 is taken to continue by virtue of clause 11 of Schedule 3 to the Act (as modified by clause 88).
Any notice under section 5 of the Coal Mines Regulation Act 1982 in force immediately before the repeal of that Act, is taken to have been made under section 8 (3) (b) of the Act.
Any matter specified under the Coal Mines Regulation Act 1982 or under any regulations made under that Act is taken to have been Gazetted under this Regulation under the provision that, in the opinion of the Chief Inspector, is the equivalent provision.
Any approval in force under section 138 of the Coal Mines Regulation Act 1982 immediately before the repeal of that Act is taken to have been given under clause 88, and may be varied or revoked, until 31 December 2010
Clause 11 of Schedule 3 to the Act does not have effect until 31 December 2010, and is to be construed as if the words “immediately before the repeal of the former Act” read “immediately before 31 December 2010”.
Coal Services Pty Limited is, for the purposes of this Regulation, taken to have been licensed to sample and analyse airborne dust under clauses 38 and 39. That licence is subject to variation or cancellation under this Regulation.
A person appointed as a departmental roadway dust examiner under clause 181 of the Coal Mines (Underground) Regulation 1999 and whose appointment was in force immediately before the commencement of this clause is taken to have been appointed an explosion suppression officer under clause 92.
A person appointed to collect roadway dust samples under clause 183 of the Coal Mines (Underground) Regulation 1999, and whose appointment was in force immediately before the commencement of this clause, is, for a period of 5 years from the commencement of this clause, taken to have been appointed under clause 98.
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