Environment Regulations Amendment (Work Health and Safety) Regulations 2022 (WA)

11 March 2022 GOVERNMENT GAZETTE, WA 535

ENVIRONMENT

EV301

Environmental Protection Act 1986

Waste Avoidance and Resource Recovery Act 2007

Environment Regulations Amendment (Work

Health and Safety) Regulations 2022

SL 2022/25

Made by the Governor in Executive Council.

Part 1 — Preliminary

1.            Citation

These regulations are the Environment Regulations Amendment

(Work Health and Safety) Regulations 2022.

2.              Commencement

These regulations come into operation as follows —

(a)	Part 1 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day on which the

Work Health and Safety Act 2020 Part 15 comes into

operation.

536 GOVERNMENT GAZETTE, WA 11 March 2022

Part 2 -Environmental Protection (Noise)

Regulations 1997 amended

3.            Regulations amended

This Part amends the Environmental Protection (Noise)
Regulations 1997.

4.            Regulation 2 amended

(1) In regulation 2(1) insert in alphabetical order:

amusement structure means equipment operated for
hire or reward that provides entertainment or
amusement through movement of the equipment, or
part of the equipment, or when passengers travel on,
around or along the equipment or move the equipment
through self-powered motion;
mine operator has the meaning given in the Work
Health and Safety (Mines) Regulations 2022
regulation 5C;
surface mining operations means mining operations
within the meaning of the Work Health and Safety

(Mines) Regulations 2022 that are not underground.

(2)	In regulation 2(1) in the definition of rural premises delete "section 4(1)." and insert:
section 4(1);

5.            Regulation 3 amended

Delete regulation 3(1)(g) and insert:

(g) noise emissions of any of the following kinds, but only if every reasonable and practicable measure has been taken to reduce the effect of the noise emission consistent with providing an audible warning to people

(i)     noise emissions from a device for warning pedestrians installed at a pedestrian crossing on a road;

(ii)     noise emissions from a device for warning of the passage of a train installed at a level crossing;

11 March 2022 GOVERNMENT GAZETTE, WA 537

(iii) device fitted to a building as a
requirement of the Building Code as

noise emissions from a safety warning Regulations 2012 regulation 3;

(iv)     noise emissions from an audible warning device installed at a mine for the purpose of giving a blast warning referred to in the Work Health and Safety (Mines) Regulations 2022 to warn of a public nuisance or danger.

6.            Regulation 11 amended

(1) In regulation 11(8) delete "out in accordance with the Mines
Safety and Inspection Regulations 1995 regulation 8.28(4)." and
insert:

out

(a)	as part of surface mining operations for the purposes of removing obstructions in crushers, or making workings safe, or for firing misfired holes; and
(b)	with the consent in each case of the mine operator.

(2)	In regulation 11(10) delete "in accordance with the Mines Safety and Inspection Regulations 1995 regulation 8.28(4)" and insert:
as described in subregulation (8)(a) and (b)

7.            Schedule 1 amended

In Schedule 1 Part B item 6 delete "structures within the meaning of the Occupational Safety and Health Regulations 1996." and insert:

structures.

538 GOVERNMENT GAZETTE, WA 11 March 2022

Part 3 — Waste Avoidance and Resource Recovery

(Container Deposit Scheme) Regulations 2019 amended

8.             Regulations amended

This Part amends the Waste Avoidance and Resource Recovery

(Container Deposit Scheme) Regulations 2019.

9.             Regulation 7A amended

In regulation 7A(2) delete "Occupational Safety and Health

Act 1984." and insert:

Work Health and Safety Act 2020.

V. MOLAN, Clerk of the Executive Council.