Explosives Amendment (Mines) Regulation 2007 (NSW)

2007 No 536

New South Wales

Explosives Amendment (Mines)

Regulation 2007

under the

Explosives Act 2003

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Explosives Act 2003.

IAN MACDONALD, M.L.C., Minister for Mineral Resources

Explanatory note
Clause 6 of the Explosives Regulation 2005 declares the Director-General of the Department of Primary Industries to be the regulatory authority for “mines” (within the meaning of the Mines Inspection Act 1901 or the Mine Health and Safety Act 2004 (whichever is in force)) and “coal operations” (within the meaning of the Coal Mine Health and Safety Act 2002).
The object of this Regulation is to amend the Explosives Regulation 2005:

(a)	to more accurately prescribe the places for which the Director-General of the Department of Primary Industries is to be the regulatory authority, and
(b)	to make the terminology used in the Explosives Regulation 2005 more consistent with the terminology used in the Occupational Health and Safety Act 2000, the Coal Mine Health and Safety Act 2002 and the Mine Health and Safety Act 2004.

The Regulation provides that the Director-General of the Department of Primary Industries is to be the regulatory authority for “coal workplaces” (being all places to which the Coal Mine Health and Safety Act 2002 applies) and “mining workplaces” (being places of work that are mines within the meaning of the Mines Inspection Act 1901 or the Mine Health and Safety Act 2004 (whichever is in force) or places at which activities under the Petroleum (Onshore) Act 1991 or the Petroleum (Submerged Lands) Act 1982 are carried out).

This Regulation is made under the Explosives Act 2003, including sections 4 and 36 (the general regulation-making power).

Published in Gazette No 167 of 9 November 2007, page 8322	Page 1
2007 No 536
Clause 1	Explosives Amendment (Mines) Regulation 2007

Explosives Amendment (Mines) Regulation 2007

under the

Explosives Act 2003

1      Name of Regulation

This Regulation is the Explosives Amendment (Mines) Regulation 2007.

2 Amendment of Explosives Regulation 2005

The Explosives Regulation 2005 is amended as set out in Schedule 1.

2007 No 536

Explosives Amendment (Mines) Regulation 2007

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 2)

[1]      Clause 3 Definitions

Insert in appropriate order in clause 3 (1):

coal workplace means a place to which the Coal Mine Health and
Safety Act 2002 applies.

mining workplace means a place of work:

(a)	that is a mine within the meaning of the Mines Inspection Act 1901 or the Mine Health and Safety Act 2004 (whichever is in force), or
(b)	at which activities under the Petroleum (Onshore) Act 1991 or the Petroleum (Submerged Lands) Act 1982 are carried out.

[2]      Clause 6 Director-General of Department of Primary Industries is regulatory authority for coal workplaces and mining workplaces

Omit “mines and coal operations” wherever occurring in clause 6 (1).
Insert instead “coal workplaces and mining workplaces”.

[3]      Clause 6 (2)

Omit the subclause.

[4]      Clause 15 Activities requiring licences

Insert at the end of clause 15 (2):

Note 1. Mine operators and contractors may also have duties relating to explosives under the Coal Mine Health and Safety Act 2002 and the Mines Inspection Act 1901 or the Mine Health and Safety Act 2004 (whichever is in force).

Note 2. The regulatory authority in relation to coal workplaces and mining workplaces is the Director-General of the Department of Primary Industries: see clause 6.

[5]      Clause 39 Loss or theft of explosives or explosive precursors to be reported

Omit “mine” and “mines” from clause 39 (2).

Insert instead “coal workplace or a mining workplace” and “coal workplaces and mining workplaces”, respectively.

2007 No 536

Explosives Amendment (Mines) Regulation 2007

Schedule 1 Amendments

[6]      Clause 75 Serious incidents involving explosives

Omit the note to clause 75 (2). Insert instead:

Note. The regulatory authority in relation to coal workplaces and mining workplaces is the Director-General of the Department of Primary Industries: see clause 6.

[7]      Clause 81 Storage and setting of explosives

Omit “the Mines Inspection Act 1901 or the Coal Mines Regulation Act 1982” from clause 81 (5).

Insert instead “the Coal Mine Health and Safety Act 2002, or the Mines Inspection Act 1901 or the Mine Health and Safety Act 2004 (whichever is in force),”.

BY AUTHORITY