Occupational Health and Safety Amendment (Mines) Regulations 2018 (Vic)
Occupational Health and Safety Amendment (Mines) Regulations 2018
S.R. No. 176/2018
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Principal Regulations
4Application of Part
5What is a mining hazard?
6What is a prescribed mine?
7New regulations 423A and 423B inserted
8Schedule 14 amended
9Schedule 18 amended
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Endnotes
STATUTORY RULES 2018
S.R. No. 176/2018
Occupational Health and Safety Act 2004
Occupational Health and Safety Amendment (Mines) Regulations 2018
The Governor in Council makes the following Regulations:
Dated: 23 October 2018
Responsible Minister:
ROBIN SCOTT
Minister for FinanceANDREW ROBINSON
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Occupational Health and Safety Regulations 2017 to exempt prescribed mines from the major hazard facility provisions and to make related amendments.
2Authorising provision
These Regulations are made under section 158 of the Occupational Health and Safety Act 2004.
3Principal Regulations
In these Regulations, the Occupational Health and Safety Regulations 2017[1] are called the Principal Regulations.
4Application of Part
In regulation 356(1) of the Principal Regulations—
(a)in paragraph (c), for "2001." substitute "2001; or";
(b)after paragraph (c) insert—
"(d)a prescribed mine.".
5What is a mining hazard?
Regulation 400(2) of the Principal Regulations is revoked.
6What is a prescribed mine?
In regulation 401 of the Principal Regulations, for "For the purposes of this Part, a prescribed mine" substitute "A prescribed mine".
7New regulations 423A and 423B inserted
After regulation 423 of the Principal Regulations insert—
"423A Operators of prescribed mines to notify Authority
(1)The operator of a prescribed mine at which Schedule 14 materials are present, or likely to be present, in a quantity exceeding 10% of their threshold quantity must notify the Authority of this circumstance in accordance with this regulation.
Notes
1 Act compliance—sections 21, 23 and 26 (see regulation 7).
2 Threshold quantity is defined in regulation 5.
(2)The notice under subregulation (1) must be given within 30 days after the operator becomes aware, or ought reasonably to have become aware, of the circumstance giving rise to the requirement to notify.
(3)Without limiting regulation 532, the notice must contain the information specified in Schedule 18 with all necessary adaptations to the circumstance described in subregulation (1) that give rise to the requirement to notify.
423BChanges to information provided—prescribed mines
If any change occurs to the information provided at any time by the operator of a prescribed mine to the Authority in relation to a notice under regulation 423A(1) that is ongoing, the operator must advise the Authority in writing of that change as soon as reasonably possible after the operator becomes aware that the change has occurred.
Penalty:60 penalty units for a natural person;
300 penalty units for a body corporate.".
8Schedule 14 amended
(1)In the heading of Schedule 14 to the Principal Regulations omit "at major hazard facilities".
(2)In clause 3.1 of Schedule 14 to the Principal Regulations, after "facility" insert "or the prescribed mine".
(3)In the note at the foot of clause 3.1 of Schedule 14 to the Principal Regulations, for "a facility has a duty to notify the Authority in accordance with regulation 360" substitute "a facility or a prescribed mine has a duty to notify the Authority in accordance with regulations 360 and 423A".
9Schedule 18 amended
(1)In the heading of Schedule 18 to the Principal Regulations, for "regulation 360" substitute "regulations 360 and 423A".
(2)In Schedule 18 to the Principal Regulations, for "Regulations 360 and 514" substitute "Regulations 360, 423A and 514".
(3)In clause 1 of Schedule 18 to the Principal Regulations—
(a)after "facility (or the proposed facility)" insert "or prescribed mine";
(b)for "facility;" (where twice occurring) substitute "facility or prescribed mine;";
(c)after "facility (or proposed facility)" (where twice occurring) insert "or prescribed mine".
(4)In clause 2 of Schedule 18 to the Principal Regulations, after "facility" (wherever occurring) insert "or prescribed mine".
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Endnotes
[1] Reg. 3: S.R. No. 22/2017 as amended by S.R. No. 71/2018.
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Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2018 is $161.19.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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