Mines and Petroleum Regulations Amendment (COVID-19 Response) Regulations (No. 2) 2020 (WA)

27 October 2020 GOVERNMENT GAZETTE, WA 4013

Dangerous Goods Safety Act 2004
Mines Safety and Inspection Act 1994

Mines and Petroleum Regulations Amendment (COVID-19 Response) Regulations (No. 2) 2020

SL 2020/197

Made by the Governor in Executive Council.

Part I - Preliminary

1.            Citation

These regulations are the Mines and Petroleum Regulations
Amendment (COVID-19 Response) Regulations (No. 2) 2020.

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 after that day.

GOVERNMENT GAZETTE, WA 27 October 2020

Mines and Petroleum Regulations Amendment (COVID-19 Response)

Regulations (No. 2) 2020

Part 2	Dangerous Goods Safety (Explosives) Regulations 2007 amended
r. 3

Part 2 Dangerous Goods Safety (Explosives)
Regulations 2007 amended

3.            Regulations amended

This Part amends the Dangerous Goods Safety (Explosives)
Regulations 2007.

4.            Regulation 3 amended

In regulation 3 insert in alphabetical order:

designated period means the period -

(a) Mines and
Petroleum Regulations Amendment (COVID-19

beginning on the day on which the regulation 7 comes into operation; and

(b) ending on 31 March 2021;

5.            Regulation 30 amended

Delete regulation 30(2)0) and insert:

(j)	if the application is made under
subregulation (1)(a) - be accompanied by the
fee.

27 October 2020 GOVERNMENT GAZETTE, WA 1015

Mines and Petroleum Regulations Amendment (COVID-19 Response)

Regulations (No. 2) 2020

Dangerous Goods Safety (Explosives) Regulations Part 2

2007 amended

r. 6

6.            Regulation 197A inserted

At the end of Part 17 insert:

197A. Waiver and refund of fees in response to COVID-19
pandemic

(1)	In this regulation - commencement day means the day on which the Mines and Petroleum Regulations Amendment (COVID-19 Response) Regulations (No. 2) 2020 regulation 7 comes into operation; design ated fee means a fee set out in Schedule 1 as in force on 1 April 2020; reduced fee means a fee set out in Column 2 of Schedule 1; waived fee means a fee in regulation 172(3)(c), 188, 189 or 190(2).
Despite any other provision of these regulations, the waived fees are waived during the period beginning on commencement day and ending on 31 March 2021.
If a person paid a waived fee during the period beginning on 1 April 2020 and ending on the day
before commencement day, the Chief Officer must
refund the fee to the person.
(4)	Subregulation (5) applies if—

(a)	a person paid a designated fee during the period beginning on 1 April 2020 and ending on the day before commencement day; and
(b)	the designated fee is greater than the corresponding reduced fee.

1016 GOVERNMENT GAZETTE, WA 27 October 2020

Mines and Petroleum Regulations Amendment (COVID-19 Response)

Regulations (No. 2) 2020

Part 2	Dangerous Goods Safety (Explosives) Regulations 2007 amended
r. 7

(5)	The Chief Officer must refund to the person an amount equal to the difference between the designated fee and the corresponding reduced fee.
(6)	However, subregulations (3) and (5) do not require the Chief Officer to refund an amount in respect of a fee that has been refunded under regulation 17(5), 31(2), 150(3), 162(3) or 164(8) or a part of a fee that has been refunded under regulation 172(10).

7.           Schedule 1 replaced

Delete Schedule 1 and insert:

Schedule 1 - Fees

[r. 3 and 197A]

Item Column 1 Column 2 Column 3

Matter Fee during Fee after designated designated

period period

$ $

I.          Application for a security card

(r. 17(3)(d)) 140.00 176.00

2.          Application to extend period for which

a security card is valid (r. 21A(2)(c)) 39.50 49.50
3.	Application for a test permit for an unauthorised explosive (r. 27(2)(d)) - 186.00

4.          Application to have an explosive authorised (r. 30(2)0)) -

(a) if the explosive is authorised under an interstate law (as defined
inr.30(1A))	-	150.00
(b) otherwise	-	605.00

27 October 2020 GOVERNMENT GAZETTE, WA 4017

Mines and Petroleum Regulations Amendment (COVID-19 Response)

Regulations (No. 2) 2020

Dangerous Goods Safety (Explosives) Regulations Part 2

2007 amended

r. 7

Column 1 Column 2 Column 3

Matter	Fee during Fee after
designated designated

period period

$ $

5.	Application for a berth to be declared a special berth (explosives)
(r. 11 1L(2)(e)(iii)) 4424.00 4424.00
6.	Application for a fireworks event permit (r. 149(1)(e)) - (a) if the event fireworks include a

ground display but no aerial shells 150.00 150.00

(b)	if the event fireworks include aerial shells but not more than
3 000 aerial shells 303.00 303.00
(c)	if the event fireworks include
more than 3 000 aerial shells 4537.00 4537.00

7.          Application for a licence (other than a

trading licence) (r. 157(1 )(c)) -

(a) explosives driver licence	94.00	117.50
(b) shotfiring licence	94.00	117.50
(c) fireworks contractor licence	374.00	467.50

(d) fireworks operator licence	94.00	117.50
(e) pyrotechnics (special use) licence	94.00	117.50

8.          Annual fee for a trading licence

(r. 157(1)(da)(i) and 179A) -

(a) explosives import/export licence	-	190.00
(b) explosives manufacture licence	-	403.00

(c) explosives manufacture (MPU)

licence - 931.00

1018 GOVERNMENT GAZETTE, WA 27 October 2020

Mines and Petroleum Regulations Amendment (COVID-19 Response)

Regulations (No. 2) 2020

Part 2	Dangerous Goods Safety (Explosives) Regulations 2007 amended
r. 7

Item Column 1 Column 2 Column 3

Matter Fee during Fee after designated designated

period period

$ $

(d) explosives storage licence -

(i) for less than 1 t of explosives - 119.00

(ii) for 1 t or more but less than

5 tof explosives 142.00

(iii) for 5 t or more of explosives	-	381.00
(e) explosives transport licence	-	950.00
(f) explosives supply licence	-	64.50

9.	Application for renewal of a licence	The fee in	The fee in
(other than a trading licence)	item 7 for	item 7 for
(r. 173(3)(i))	the licence	the licence

27 October 2020 GOVERNMENT GAZETTE, WA 4019

Mines and Petroleum Regulations Amendment (COVID-19 Response)

Regulations (No. 2) 2020

Dangerous Goods Safety (Road and Rail Transport of
Non-explosives) Regulations 2007 amended Part 3

r. 8

Part 3 - Dangerous Goods Safety (Road and Rail
Transport of Non-explosives) Regulations 2007
amended

8.            Regulations amended

This Part amends the Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Regulations 2007.
9.	Regulation 272 replaced Delete regulation 272 and insert:

272.        Fees prescribed

(1) In this regulation -
designated period means the period -

(a)	Petroleum Regulations Amendment (COVID-19	beginning on the day on which the Mines and regulation 9 comes into operation; and
(b)	ending on 31 March 2021.

(2)	The fees payable under these regulations are prescribed
in the Table.

4020 GOVERNMENT GAZETTE, WA 27 October 2020

Mines and Petroleum Regulations Amendment (COVID-19 Response)

Regulations (No. 2) 2020

Part 3	Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Regulations 2007 amended
r. 9

Table

Item	Column I	Column 2	Column 3
Application	Fee during	Fee after
designated	designated

period	period
$	$

1.          Application for

approval or variation of

approval (r. 194(l)(b)) - 294.00
2.	Application for, or for renewal of—
(a) a dangerous goods driver licence (r. 218(2)(e) and 223(2)(e)) -

(i)   for the first

year or part of

a year of the

term of the

licence - 23.50

(ii)	for each
subsequent
year or part of
a year of the
term of the
licence 23.50 23.50

27 October 2020 GOVERNMENT GAZETTE, WA 101

Mines and Petroleum Regulations Amendment (COVID-19 Response)

Regulations (No. 2) 2020

Dangerous Goods Safety (Road and Rail Transport of
Non-explosives) Regulations 2007 amended Part 3

r. 10

Item	Column I	Column 2	Column 3
Application	Fee during	Fee after
designated	designated

period	period
$	$

(b) a dangerous goods

vehicle licence

(r. 23 0(4) and

233(3))-	33(3))-
(i)for the first
(i)

year or part of

a year of the

term of the

licence - 148.00

(ii) for each

subsequent

year or part of

a year of the

term of the

licence 148.00 148.00

10.         Regulation 272AA inserted

At the end of Part 22 insert:

272AA. Refund of fees in response to COVID-19 pandemic

(1) In this regulation -
commencement day means the day on which the Mines
and Petroleum Regulations Amendment (COVID- 19
Response) Regulations (No. 2) 2020 regulation 9 comes
into operation;

1022 GOVERNMENT GAZETTE, WA 27 October 2020

Mines and Petroleum Regulations Amendment (COVID-19 Response)

Regulations (No. 2) 2020

Part 3	Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Regulations 2007 amended
r. 10
design ated ftc means a fee set out in the Table to regulation 272 as in force on 1 April 2020; reduced fee means a fee set out in Column 2 of the Table to regulation 272(2).

(2) This regulation applies if—

(a)	a person paid a designated fee during the period beginning on 1 April 2020 and ending on the day before commencement day; and
(b)	the designated fee is greater than the corresponding reduced fee.

(3)	The Chief Officer must refund to the person an amount equal to the difference between the designated fee and the corresponding reduced fee.
(4)	However, subregulation (3) does not require the Chief Officer to refund an amount in respect of a fee that has been refunded under regulation 194(4).

27 October 2020 GOVERNMENT GAZETTE, WA 402

Mines and Petroleum Regulations Amendment (COVID-19 Response)

Regulations (No. 2) 2020

Dangerous Goods Safety (Security Sensitive Part 4

Ammonium Nitrate) Regulations 2007 amended

r. 11

Part 4— Dangerous Goods Safety (Security Sensitive
Ain,,,on iu,n Nitrate) Regulations 2007 amended

11.          Regulations amended

This Part amends the Dangerous Goods Safety (Security
Sensitive Ammonium Nitrate) Regulations 2007.

12.          Regulation 52 inserted

After regulation 51 insert:

52. Waiver and refund of fees in response to COVID-19
pandemic

(1)	In this regulation - commencement day means the day on which the Mines and Petroleum Regulations Amendment (COVID- 19 Response) Regulations (No. 2) 2020 regulation 12 comes into operation.
(2)	Despite regulations 30(1 )(c) and 46A(3), the annual fees are waived during the period beginning on commencement day and ending on 31 March 2021.
(3)	If a person paid an annual fee during the period
beginning on 1 April 2020 and ending on the day
before commencement day, the Chief Officer must refund the fee to the person.
(4)	However, subregulation (3) does not require the Chief Officer to refund a fee that has been refunded under regulation 32(3).

1021 GOVERNMENT GAZETTE, WA 27 October 2020

Mines and Petroleum Regulations Amendment (COVID-19 Response)

Regulations (No. 2) 2020

Part 5	Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007 amended
r. 13

Part 5 Dangerous Goods Safety ('Storage and

Handling of Non-explosives) Regulations 2007 amended

13.          Regulations amended

This Part amends the Dangerous Goods Safety (Storage and
Handling of Non-explosives) Regulations 2007.

14.          Regulation 44B inserted

After regulation 44A insert:

44B. Waiver and refund of fees in response to COVID-19
pandemic

(1)	In this regulation— commencement day means the day on which the Mines and Petroleum Regulations Amendment (COVID- 19 Response) Regulations (No. 2) 2020 regulation 14 comes into operation.
(2)	Despite any other provision of these regulations, the annual fees are waived during the period beginning on commencement day and ending on 31 March 2021.
(3)	If a person paid an annual fee during the period
beginning on 1 April 2020 and ending on the day
before commencement day, the Chief Officer must refund the fee to the person.
(4)	However, subregulation (3) does not require the Chief Officer to refund a fee that has been refunded under regulation 3 0(2) or part of a fee that has been refunded under regulation 29(7) or 48A.

27 October 2020 GOVERNMENT GAZETTE, WA 4025

Mines and Petroleum Regulations Amendment (COVID-19 Response)

Regulations (No. 2) 2020

Dangerous Goods Safety (Storage and Handling of
Non-explosives) Regulations 2007 amended Part 5

r. 15

15.          Schedule 5 amended

Delete the reference after the heading to Schedule 5 and insert:

[r. 26, 27, 29, 44A, 89, 90 and 92]

1026 GOVERNMENT GAZETTE, WA 27 October 2020

Mines and Petroleum Regulations Amendment (COVID-19 Response)

Regulations (No. 2) 2020

Part 6 Mines Safety and Inspection Regulations 1995

amended

r. 16

Part 6 Mines Safety and Inspection Regulations 1995

amended

16. Regulations amended

This Part amends the Mines Safety and Inspection

Regulations 1995.

17.           Regulation 2.33A inserted

At the end of Part 2 Division 3 Subdivision C insert:

2.33A. Waiver and refund of fees in response to COVID-19

pandemic

(1)	In this regulation —
commencement day means the day on which the Mines
and Petroleum Regulations Amendment (COVID-19
Response) Regulations (No. 2) 2020 regulation 17
comes into operation.
(2)	Despite regulations 2.31 and 2.33, the fees specified in Schedule 2 are waived during the period beginning on commencement day and ending on 31 March 2021.
(3)	If a person paid a fee specified in Schedule 2 during the
period beginning on 1 April 2020 and ending on the
day before commencement day, the Board must refund the fee to the person.

V. MOLAN, Clerk of the Executive Council.