Mines Safety and Inspection Amendment Regulations 2008 (WA)
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MP301*
Mines Safety and Inspection Act 1994
regulations are published in the Gazette;
Mines Safety and Inspection Amendment
Regulations 2008
Made by the Governor in Executive Council.
1. Citation
These regulations are the Mines Safety and Inspection
Amendment Regulations 2008.2. Commencement
These regulations come into operation as follows:
(a) regulations 1 and 2 — on the day on which these
29 February 2008 GOVERNMENT GAZETTE, WA 685
(b) the rest of the regulations, on the later of-
(i) the day on which the Dangerous Goods Safety Act 2004 comes into operation; and
(ii) the day after the day on which these regulations are published in the Gazette.
3. The regulations amended
The amendments in these regulations are to the Mines Safety and Inspection Regulations 1995.
4. Regulation 1.3 amended
Regulation 1.3 is amended as follows:
(a) by deleting the definition of "Chief Inspector of Explosives"; (b) in the definition of "dangerous goods" by deleting "Explosives and Dangerous Goods Act 1961;" and inserting instead - " Dangerous Goods Safety Act 2004;
(c) by deleting the definition of "inspector of explosives". 5. Regulation 2.21 amended
(1) Regulation 2.21(l) is amended as follows:
(a)
by deleting the full stop after the definition of "applicant" and inserting instead a semicolon;
(b)
by inserting in the appropriate alphabetical position the following definition -
03
"mining law" means -
(a) the Act and these regulations; and (b)
the Dangerous Goods Safety Act 2004, and regulations made under it, in so far as they
apply to explosives.
(2) Regulation 2.21(2)(b) is amended by deleting "the Act and these
regulations;" and inserting instead -
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mining law;
6. Regulation 2.22 amended
Regulation 2.22(2)(b) is amended by deleting "the Act and these
regulations;" and inserting instead -46
mining law, as that term is defined by regulation 2.21(l); ".
7. Regulation 2.23 amended
(1) Regulation 2.23(1) is amended as follows:
(a) by deleting the full stop after the definition of
"applicant" and inserting instead a semicolon;
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(b) by inserting in the appropriate alphabetical position the
following definition -
"
"mining law" has the meaning given to that term by
regulation 2.21(1).
(2) Regulation 2.23(4) is repealed.
8. Regulation 2.24 amended
(1) Regulation 2.24(1) is amended as follows:
(a)
by deleting the full stop after the definition of "applicant" and inserting instead a semicolon;
(b)
by inserting in the appropriate alphabetical position the following definition -
"mining law" has the meaning given to that term by
regulation 2.21(l).
(2) Regulation 2.24(4) is repealed.
9. Regulation 2.25 amended
Regulation 2.25(3)(b) is deleted and the following paragraph is inserted instead -
46
(b) mining law, as that term is defined by
regulation 2.21(1).
10. Regulation 7.20 amended
Regulation 7.20 is amended as follows:
(a) by deleting the definition of "Australian Code for the Transport of Dangerous Goods by Road and Rail" and inserting instead -
44
"ADG Code" means the Australian Code for the
Transport of Dangerous Goods by Road and Rail,
Seventh edition, 2007, published by the
Commonwealth of Australia (ISBN 1921168
57 9) including (for the avoidance of doubt) itsappendices;
(b) in the definition of "container" by deleting "or bulk container as defined in the Australian Code for the Transport of Dangerous Goods by Road and Rail;" and inserting instead - 46
as defined in the ADG Code; ".
29 February 2008 GOVERNMENT GAZETTE, WA 687 11. Regulation 8.1 amended
Regulation 8.1 is amended as follows:
(a)
by inserting in the appropriate alphabetical position the following definition -
"
"bulk AN-based explosive" has the meaning given to
that term by the Dangerous Goods Safety
(Explosives) Regulations 2007 regulation 3;
(b) in the definition of "butt" or "socket" by deleting "or blasting agent, or both,"; (c) in the definition of "charge" by deleting "or blasting agent, or both,". 12. Regulation 8.1A inserted
Before regulation 8.2 the following regulation is inserted in
Part 8 Division 2-"
8.1A. Explosives, requirements in relation to Each responsible person at a mine must ensure that the
manufacture, storage, transport, supply, use and
disposal of any explosive at the mine is in accordance
with the Dangerous Goods Safety Act 2004 and
regulations made under it.
Penalty: See regulation 17.1.13. Regulation 8.3 repealed
Regulation 8.3 is repealed.
14. Regulation 8.4 repealed
Regulation 8.4 is repealed. 15. Regulation 8.5 amended
(1) Regulation 8.5(1) is amended as follows: (a) by deleting "main";
(b) by inserting after each of paragraphs (a), (b), (c) " and
(c)
by deleting "; and" after paragraph (e) and inserting instead a full stop;
(d) by deleting paragraph (f).
(2) Regulation 8.5(2) and (3) are repealed.
16. Regulation 8.6 repealed
Regulation 8.6 is repealed.
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17. Regulation 8.7 amended
(1) Regulation 8.7(2) is amended by deleting "main". (2) Regulation 8.7(4) is amended by deleting "main". 18. Regulation 8.8 repealed
Regulation 8.8 is repealed.
19. Regulation 8.9 repealed
Regulation 8.9 is repealed.
20. Regulation 8.10 amended
Regulation 8.10 is amended by deleting "or blasting agents".
21. Regulation 8.11 amended
Regulation 8.11 is amended by deleting ", blasting agent, detonating fuse, or detonators".
22. Regulation 8.12 repealed
Regulation 8.12 is repealed.
23. Regulation 8.13 amended
(1) Regulation 8.13(1) is amended by deleting ", blasting agent,
detonating fuse, detonator, initiating system or blasting
accessory," and inserting instead -44 or initiating system ".
(2) Regulation 8.13(2) is repealed. 24. Regulation 8.14 amended
(1) Regulation 8.14(1) is repealed. (2)
Regulation 8.14(2) is amended by deleting "or blasting agent" in the 2 places where it occurs. (3) Regulation 8.14(3) is amended by deleting "or blasting agent". (4) Regulation 8.14(4) is repealed. (5) Regulation 8.14(6) is amended by deleting "or blasting agent". 25. Regulation 8.15 repealed
Regulation 8.15 is repealed.
26. Regulation 8.16 amended
Regulation 8.16 is amended as follows:
(a) in paragraph (a) by deleting "and blasting agents"; (b)
in paragraph (b) by deleting "main magazine or a working party's";
29 February 2008 GOVERNMENT GAZETTE, WA 689 (c) in paragraph (b) by deleting "or blasting agent" in the
2 places where it occurs.
27. Regulation 8.18 repealed
Regulation 8.18 is repealed.
28. Regulation 8.22 amended
Regulation 8.22(2) is amended by deleting "or blasting agent".29. Regulation 8.25 amended
(1) Regulation 8.25(1) is amended by deleting "of explosive or
blasting agent, or both,".(2) Regulation 8.25(3) is amended by deleting "of explosive or
blasting agent".30. Regulation 8.26 amended
Regulation 8.26(1) is amended by deleting "of explosive or blasting agent, or both,".
31. Regulation 8.27 amended
(1) Regulation 8.27(1) is amended by deleting "of explosive or
blasting agent".(2) Regulation 8.27(2) is amended by deleting "of explosive or
blasting agent".32. Regulation 8.28 amended
(1) Regulation 8.28(1) is amended by deleting "of explosive or
blasting agent".(2) Regulation 8.28(3) is amended by deleting "of explosive or
blasting agent".(3) blasting agent".
Regulation 8.28(6) is amended by deleting "of explosive or 33. Regulation 8.33 amended
(1)
Regulation 8.33(1) is amended by deleting "of a type approved by the Chief Inspector of Explosives" and inserting instead -
44 designed for that purpose and is approved by the
manager of the mine
(2) Regulation 8.33(3) is amended as follows: (a) by deleting paragraph (a) and "and" after it and inserting
instead -
(a) which has been tested within the preceding
24 hours with a milliammeter which itself has,
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within the previous 12 months, been checked
and calibrated to the satisfaction of andapproved by the manager of the mine; and
(b) in paragraph (b) by inserting before "has" -
which ".
34. Regulation 8.34 amended
Regulation 8.34(2) is repealed.
35. Regulation 8.39 amended
Regulation 8.39(1)(d) is amended by deleting "the authorised shotfirer on" and inserting instead -
44
a shotfirer authorised by the manager of the mine for ".
36. Regulation 8.40 repealed
Regulation 8.40 is repealed.
37. Regulation 8.41 amended
(1) Regulation 8.41(l) is amended by deleting "ammoniuni nitrate
blasting agent" and inserting instead -bulk AN-based explosive ".
(2) Regulation 8.41(3) is amended by deleting "ammonium nitrate
blasting agent" and inserting instead -
bulk AN-based explosive ".
(3) Regulation 8.41(4) is amended as follows:
(a) by deleting "ammonium nitrate blasting agent" in the first place where it occurs and inserting instead -
" bulk AN-based explosive ";
(b)
by deleting "ammonium nitrate blasting agent" in the second place where it occurs and inserting instead - " explosive ".
(4) Regulation 8.41(5) is amended by deleting "ammonium nitrate
blasting agent" and inserting instead -
" bulk AN-based explosive ".38. Regulation 8.42 amended
Regulation 8.42 is amended by deleting "of explosive or blasting agent".
39. Regulation 8.43 amended
Regulation 8.43(c) is amended by deleting "or blasting agent" in the 2 places where it occurs.
29 February 2008 GOVERNMENT GAZETTE, WA 691 40. Regulation 8.47 amended
Regulation 8.47(2) is amended by deleting "blasting agent -" and inserting instead -
bulk AN-based explosive - ".
41. Regulation 8.49 amended
Regulation 8.49 is amended by deleting "or blasting agent".42. Regulation 8.50 amended
Regulation 8.50(1) is amended by deleting "of explosive or blasting agent".
43. Regulation 8.53 replaced
Regulation 8.53 is repealed and the following regulation is inserted instead -
8.53. Interpretation of r. 8.54 to 8.56
In regulations 8.54, 8.55 and 8.56 -
"relevant procedure", in relation to the blastingreferred to in that regulation, means a written
procedure for the blasting -
(a)
that has been developed in conjunction with the manufacturer or supplier of the explosives, or an explosives consultant or other expert authority; or
(b)
with the Dangerous Goods Safety
that is set out in a blast plan that complies regulation 130.
44. Part 8 Division 3 repealed
Part 8 Division 3 is repealed.
45. Regulation 9.32A amended
(1) Regulation 9.32A(5 )(a) is amended by deleting "a dangerous
substance;" and inserting instead -dangerous goods; ".
(2) Regulation 9.32A(6)(a) is amended by deleting "a dangerous
substance;" and inserting instead -" dangerous goods; ". (3) Regulation 9.32A(12) is amended by deleting the definition of
"dangerous substance".
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46. Regulation 10.60 amended
Regulation 10.60(1) is repealed and the following subregulation is inserted instead —
44
(1)
The manager of an underground mine must ensure that if any liquid that is a flammable liquid or combustible liquid under AS 1940 is taken underground in the
mine, the liquid —
(a)
is taken underground in a container that does not leak; and
(b) is transported in a secure manner. Penalty: See regulation 17.1
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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