Mines Safety and Inspection Levy Amendment Regulations 2014 (WA)

1690 GOVERNMENT GAZETTE, WA 30 May 2014

MINERALS AND PETROLEUM

MP301*

Mines Safety and Inspection Act 1994

Mines Safety and Inspection Levy Amendment

Regulations 2014

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Mines Safety and Inspection Levy
Amendment Regulations 2014.

2.             Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these

regulations are published in the Gazette;

(b) the rest of the regulations — on 1 July 2014.

3.             Regulations amended

These regulations amend the Mines Safety and Inspection Levy
Regulations 2010.

4.             Regulation 3 amended

In regulation 3(1) delete the definition of worker and insert:

worker means an individual who for remuneration
carries out work at a mine in the course of mining
operations (whether under a contract of employment, a
contract for services or other arrangement).

5.             Regulation 31 amended

(1)	Delete regulation 31(2) and (3) and insert:
(2) The principal employer at a mine must keep records that enable the total number of hours worked at the mine by workers in each month to be verified.

Penalty:

(a)	for an individual — a fine of $5 000;
(b)	for a body corporate — a fine of $25 000.

30 May 2014 GOVERNMENT GAZETTE, WA 1691

(3A)	Nothing in subregulation (2) is to be taken to require the principal employer at a mine to keep separate records for the purposes of that subregulation.
(3)	A person must not, in records referred to in subregulation (2), make an entry relating to the number
of hours worked at the mine by workers that —

(a)	the person knows is false or misleading in a material particular; or
(b)	is false or misleading in a material particular, with reckless disregard as to whether or not the entry is false or misleading in a material particular.

Penalty:

(a)	for an individual — a fine of $5 000;
(b)	for a body corporate — a fine of $25 000.

(2)	In regulation 31(4) delete “or copies”.
(3)	After regulation 31(4) insert:
(5) If a person obliged to keep records under subregulation (2) ceases to be the principal employer at the mine within the 5 year period referred to in subregulation (4), the person must, within 15 days after ceasing to be the principal employer at the mine, notify the CEO in writing of the place where the records are kept.

Penalty:

(a)	for an individual — a fine of $5 000;
(b)	for a body corporate — a fine of $25 000.

R. KENNEDY, Clerk of the Executive Council.

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