Work Health and Safety (Mines and Petroleum Sites) Regulation 2014 (NSW)
This Regulation is the Work Health and Safety (Mines and Petroleum Sites) Regulation 2014.
This Regulation commences on 1 February 2015 and is required to be published on the NSW legislation website.
In this Regulation—
The definition of
(a) any reject situated underground, or
(b) any reject that has been disposed of with overburden in such a way that it does not alter the stability of any overburden dump.
(a) outbye of a longwall face, or
(b) in the case of a panel where mining is being carried out by a continuous miner—outbye of the most inbye completed line of cut-throughs.
(a) any part at the mine in which the concentration of methane in the general body of the air is 1.25% by volume or greater,
(b) a return airway,
(c) any part of an intake airway that is on the return side of such points that are within 100 metres outbye of—
(i) the most inbye completed line of cut-throughs, or
(ii) any longwall or shortwall face, but only to the extent that the intake airway is on the intake side of that face (but not if the longwall face is an installation face at which the development of the face, and mining for development coal, have been completed and at which longwall mining has yet to commence).
(a) by remotely controlled plant that drives the extraction from an open pit or hole, and
(b) without requiring any person to be present at any part of the extraction.
(a) those metals make up more than 15% of the weight of the alloy, or
(b) magnesium and titanium make up more than 6% of the weight of the alloy.
(a) mining engineering manager,
(b) undermanager,
(c) underground mine supervisor,
(d) deputy,
(e) quarry manager,
(f) open cut examiner.
(a) in relation to a mine, the mine operator of the mine, or
(b) in relation to a petroleum site, the petroleum site operator of the petroleum site.
(a) each plan required to be prepared for the mine under clause 26, and
Note— Clause 26 makes requirements with respect to the preparation of health control plans, mechanical engineering control plans, electrical engineering control plans and explosives control plans.
(b) if the mine is an underground mine—the ventilation control plan for the mine, and
(c) the emergency plan for the mine.
(a) each plan required to be prepared for the petroleum site under clause 26, and
(b) the emergency plan for the petroleum site.
For the purposes of comparison, a number of provisions of this Regulation contain bracketed notes in headings, identifying equivalent or comparable (though not necessarily identical) provisions of the Mines Chapter of the Model Work Health and Safety Regulations developed under the Intergovernmental Agreement for Regularity and Operational Reform in OHS (the
The WHS (Mines and Petroleum Sites) Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
Notes and examples in this Regulation do not form part of this Regulation.
The expressions
(cl 612 model WHS Regs)
In this Regulation, a
(a) mining operations that have a reasonable potential to result in multiple deaths in a single incident or a series of recurring incidents in relation to any of the following—
(i) ground or strata failure,
(ii) inundation or inrush of any substance,
(iii) mine shafts and winding systems,
(iv) gas outbursts,
(v) spontaneous combustion,
(vi) subsidence,
(vii) roads or other vehicle operating areas,
(viii) air quality or dust or other airborne contaminants,
(ix) fire or explosion,
(x) a hazard identified by the mine operator under clause 34 of the WHS Regulations, or
(b) petroleum operations that have a reasonable potential to result in multiple deaths in a single incident or a series of recurring incidents in relation to any of the following—
(i) roads or other vehicle operating areas,
(ii) air quality or dust or other airborne contaminants,
(iii) fire or explosion,
(iv) a hazard identified by the petroleum site operator under clause 34 of the WHS Regulations.
(cll 613(2) and 615 model WHS Regs)
The mine holder of a mine may appoint a person to be the mine operator only if—
(a) the person is conducting a business or undertaking and is appointed in accordance with this clause to carry out mining operations at the mine on behalf of the mine holder, and
(b) the person has the skills, knowledge, experience and resources to exercise the functions of the mine operator, and
(c) the mine holder authorises the person to have management or control of the mine and to discharge the duties of the mine operator under the WHS laws.
Clause 7B contains additional requirements that apply to the appointment of an opal mine operator.
An appointment of a person to be the mine operator of a mine must—
(a) be in writing, and
(b) be made in the manner and form required by the regulator, and
(c) include a signed statement that the person to be appointed as mine operator agrees to the appointment, and
(d) specify—
(i) the name and contact details of the mine operator, including postal and business addresses, and
(ii) when the appointment takes effect, and
(e) describe the location of the mine, including—
(i) the boundaries of all mineral exploration sites and mineral extraction sites, and
(ii) land title identification.
A person (the
The mine holder must give the mine operator all relevant information held by or under the control of the mine holder that may reasonably be required by the mine operator to discharge the duties imposed on the mine operator under the WHS laws.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
A mine survey plan prepared under clause 122.
The mine operator of a mine who ceases or intends to cease being the mine operator must ensure, so far as is reasonably practicable, that all records the mine operator has kept under the WHS laws are given to the mine holder of the mine, or the person who is to become the new mine operator, before the new mine operator commences in that role.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
A mine record kept under clause 133.
The new mine operator will be required to keep the records for at least the remainder of the period that the WHS laws require the record to be kept.
(cl 616 model WHS Regs)
The mine holder of a mine must give notice to the regulator in accordance with this clause.
Maximum penalty—
(a) in the case of an individual—36 penalty units, or
(b) in the case of a body corporate—180 penalty units.
If the mine holder of a mine is the mine operator, the mine holder must give the regulator notice of this fact before mining operations commence at the mine.
If the mine holder of a mine is not the mine operator, the mine holder must give the regulator notice of the appointment of the mine operator of the mine.
A notice under subclause (2) or (3) must—
(a) be in writing, and
(b) be made in the manner and form required by the regulator, and
(c) describe the location of the mine, including—
(i) the boundaries of all mineral exploration sites and mineral extraction sites, and
(ii) land title identification.
A notice under subclause (3) must be accompanied by a copy of the appointment document.
The mine holder must give written notice to the regulator of any change to the appointment of a mine operator or any termination of the appointment.
The mine holder must take all reasonable steps to ensure that a notice under subclause (3) or (6) is given before the appointment or the change or termination takes effect.
A mine operator must notify the regulator of any change to the mine operator’s contact details as soon as practicable (and no later than 28 days) after the change.
Maximum penalty—
(a) in the case of an individual—36 penalty units, or
(b) in the case of a body corporate—180 penalty units.
A person may be appointed to be a mine operator of an opal mine under clause 6 only if the person has, within the period of 5 years before the appointment, undertaken safety training.
A mine holder of an opal mine who is the mine operator of the mine must have undertaken safety training within the period of 5 years before carrying out mining operations as the mine operator of the mine.
Subclauses (1) and (2) do not apply to a person who, immediately before 13 April 2018, was the mine operator of an opal mine. However, such a person must undertake safety training before 13 April 2023.
A mine operator of an opal mine must undertake safety training at least once every 5 years after having completed the safety training referred to in subclause (1), (2) or (3).
A mine holder of an opal mine (who is not the mine operator of the mine) must ensure that a person appointed as the mine operator of the mine undertakes safety training as required under this clause.
Maximum penalty—
(a) in the case of an individual—36 penalty units, or
(b) in the case of a body corporate—180 penalty units.
A mine holder of an opal mine who is the mine operator of the mine must not carry out mining operations at the mine if the mine holder has not undertaken safety training as required under this clause.
Maximum penalty—
(a) in the case of an individual—36 penalty units, or
(b) in the case of a body corporate—180 penalty units.
If a person required to undertake safety training under this clause is a body corporate, the body corporate complies with the requirement if the individual responsible for supervising mining operations at the mine concerned undertakes the safety training.
In this clause—
The regulator may, by notice in writing given to a mine holder of a mine, direct the mine holder to—
(a) appoint a mine operator for the mine, or
(b) appoint more than one mine operator for different parts of the mine, or
(c) appoint a single mine operator for both the mine and another mine of the mine holder (but only if the mines are geographically close to one another).
A mine holder who is given notice under this clause must comply with the notice.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
If more than one mine operator is appointed for different parts of a mine under this clause, each of those parts is taken to be a separate mine for the purposes of this Regulation.
If a single mine operator is appointed for more than one mine under this clause, those mines are taken to be a single mine for the purposes of this Regulation.
The regulator is to ensure that the mine holder is given reasonable time to comply with the notice, including reasonable time to address any possible non-compliance with the WHS laws that may result from the mine holder complying with the notice.
The regulator is to take the following into account in determining whether to give notice under this clause—
(a) the objects of the WHS laws,
(b) the nature, size and complexity of the mine or mines to which the notice relates,
(c) the difficulty for the mine holder or mine operator to exercise his or her functions under the WHS laws,
(d) whether the giving of the notice is likely to result in safety management systems that better ensure the health and safety of workers and other persons.
The petroleum site holder of a petroleum site may appoint a person to be the operator of the petroleum site only if—
(a) the person is conducting a business or undertaking and is appointed in accordance with this clause to carry out petroleum operations at the petroleum site on behalf of the petroleum site holder, and
(b) the person has the skills, knowledge, experience and resources to exercise the functions of the operator of the petroleum site, and
(c) the petroleum site holder authorises the person to have management or control of the petroleum site and to discharge the duties of the operator of the petroleum site under the WHS laws.
An appointment of a person to be the operator of a petroleum site must—
(a) be in writing, and
(b) be made in the manner and form required by the regulator, and
(c) include a signed statement that the person to be appointed as operator agrees to the appointment, and
(d) specify—
(i) the name and contact details of the operator, including postal and business addresses, and
(ii) when the appointment takes effect, and
(e) describe the location of the petroleum site, including—
(i) the boundaries of all petroleum exploration sites and petroleum extraction sites, and
(ii) land title identification.
A person (the
The petroleum site holder must give the operator all relevant information held by or under the control of the petroleum site holder that may reasonably be required by the operator to discharge the duties imposed on the operator under the WHS laws.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
A petroleum site survey plan prepared under clause 122.
The operator of a petroleum site who ceases or intends to cease being the operator must ensure, so far as is reasonably practicable, that all records the operator has kept under the WHS laws are given to the petroleum site holder of the petroleum site, or the person who is to become the new operator, before the new operator commences in that role.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
A petroleum site record kept under clause 133.
The new operator will be required to keep the records for at least the remainder of the period that the WHS laws require the record to be kept.
The petroleum site holder of a petroleum site must give notice to the regulator in accordance with this clause.
Maximum penalty—
(a) in the case of an individual—36 penalty units, or
(b) in the case of a body corporate—180 penalty units.
If the petroleum site holder of a petroleum site is the operator of the petroleum site, the holder must give the regulator notice of this fact before petroleum operations commence at the petroleum site.
If the petroleum site holder of a petroleum site is not the operator of the petroleum site, the petroleum site holder must give the regulator notice of the appointment of the operator of the petroleum site.
A notice under subclause (2) or (3) must—
(a) be in writing, and
(b) be made in the manner and form required by the regulator, and
(c) describe the location of the petroleum site, including—
(i) the boundaries of all petroleum exploration sites and petroleum extraction sites, and
(ii) land title identification.
A notice under subclause (3) must be accompanied by a copy of the appointment document.
The petroleum site holder must give written notice to the regulator of any change to the appointment of an operator of the petroleum site or any termination of the appointment.
The petroleum site holder must take all reasonable steps to ensure that a notice under subclause (3) or (6) is given before the appointment or the change or termination takes effect.
An operator of a petroleum site must notify the regulator of any change to the operator’s contact details as soon as practicable (and no later than 28 days) after the change.
Maximum penalty—
(a) in the case of an individual—36 penalty units, or
(b) in the case of a body corporate—180 penalty units.
The regulator may, by notice in writing given to a petroleum site holder of a petroleum site, direct the holder to—
(a) appoint an operator for the petroleum site, or
(b) appoint more than one operator for different parts of the petroleum site, or
(c) appoint a single operator for both the petroleum site and another petroleum site of the holder (but only if the petroleum sites are geographically close to one another).
A petroleum site holder who is given notice under this clause must comply with the notice.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
If more than one operator is appointed for different parts of a petroleum site under this clause, each of those parts is taken to be a separate petroleum site for the purposes of this Regulation.
If a single operator is appointed for more than one petroleum site under this clause, those petroleum sites are taken to be a single petroleum site for the purposes of this Regulation.
The regulator is to ensure that the petroleum site holder is given reasonable time to comply with the notice, including reasonable time to address any possible non-compliance with the WHS laws that may result from the petroleum site holder complying with the notice.
The regulator is to take the following into account in determining whether to give notice under this clause—
(a) the objects of the WHS laws,
(b) the nature, size and complexity of the petroleum site or petroleum sites to which the notice relates,
(c) the difficulty for the petroleum site holder or operator of the petroleum site to exercise his or her functions under the WHS laws,
(d) whether the giving of the notice is likely to result in safety management systems that better ensure the health and safety of workers and other persons.
(cl 617 model WHS Regs)
A person conducting a business or undertaking at a mine or petroleum site must manage risks to health and safety associated with mining operations or petroleum operations at the mine or petroleum site in accordance with Part 3.1 of the WHS Regulations.
See sections 19, 20 and 21 of the WHS Act as applicable (also see section 4 of the WHS (Mines and Petroleum Sites) Act and clause 9 of the WHS Regulations).
A person conducting a business or undertaking at a mine or petroleum site must ensure that a risk assessment is conducted in accordance with this clause by a person who is competent to conduct the particular risk assessment having regard to the nature of the hazard.
Maximum penalty—
(a) in the case of an individual—36 penalty units, or
(b) in the case of a body corporate—180 penalty units.
In conducting a risk assessment, the person must have regard to—
(a) the nature of the hazard, and
(b) the likelihood of the hazard affecting the health or safety of a person, and
(c) the severity of the potential health and safety consequences.
Nothing in subclause (3) limits the operation of any other requirement to conduct a risk assessment under this Regulation.
A number of specific risk control duties are linked to this clause, see clauses 28–32, 38, 43, 44, 50, 52 and 65–70.
A person conducting a business or undertaking at a mine or petroleum site (who is the operator of the mine or petroleum site or who is a contractor) must keep a record of the following—
(a) each risk assessment conducted under this clause and the name and competency of the person who conducted the risk assessment,
(b) the control measures implemented to eliminate or minimise any risk that was identified through any such risk assessment.
A person conducting a business or undertaking at a mine or petroleum site is not required to keep a record of a risk assessment if—
(a) the risk assessment is one that an individual worker is required to carry out before commencing a particular task, and
(b) the person keeps a record of risk assessments that addresses the overall activity being undertaken (of which the task forms a part) such as risk assessments carried out in relation to the development of the safety management system for the mine or petroleum site or for a principal hazard management plan.
The record kept under subclause (5)—
(a) if kept by an operator of a mine or petroleum site—forms part of the safety management system of the mine or petroleum site and the records of the mine or petroleum site, or
(b) if kept by a contractor who has prepared a contractor health and safety management plan—forms part of the plan.
(cl 618 model WHS Regs)
A person conducting a business or undertaking at a mine or petroleum site must review and as necessary revise control measures implemented under clause 9 in the following circumstances—
(a) an audit of the effectiveness of the safety management system for the mine or petroleum site indicates a deficiency in a control measure,
(b) a worker is moved from a hazard or assigned to different work in response to a recommendation contained in a health monitoring report provided under Part 3,
(c) an incident referred to in clause 128 occurs,
(d) any other incident occurs that is required to be notified to the regulator under the WHS laws.
See sections 19, 20 and 21 of the WHS Act as applicable (also see section 4 of the WHS (Mines and Petroleum Sites) Act and clause 9 of the WHS Regulations).
This requirement is in addition to the requirement under clause 38 of the WHS Regulations (see clause 33 of the WHS Regulations).
This clause applies to an operator of a mine or petroleum site (see section 5(2) of the WHS (Mines and Petroleum Sites) Act).
The operator of a mine or petroleum site must ensure that a control measure that is the subject of a request by a health and safety representative under clause 38(4) of the WHS Regulations is reviewed and as necessary revised, whether the request is made to the operator or notified to the operator under subclause (3) by another person conducting a business or undertaking at the mine or petroleum site.
See sections 19, 20 and 21 of the WHS Act as applicable (also see section 4 of the WHS (Mines and Petroleum Sites) Act and clause 9 of the WHS Regulations).
This requirement is in addition to the requirement under clause 38 of the WHS Regulations (see clause 33 of the WHS Regulations).
A person conducting a business or undertaking at the mine or petroleum site who is not the operator of the mine or petroleum site must immediately notify the operator of a request made to the person under clause 38(4) of the WHS Regulations.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
A health and safety representative for workers at the mine or petroleum site may request a review of a control measure under clause 38(4) of the WHS Regulations as if the circumstances referred to in subclause (1) were included as a circumstance in clause 38(4)(a) of the WHS Regulations.
(cl 619 model WHS Regs)
This clause applies to an operator of a mine or petroleum site who has, under clause 38 of the WHS Regulations, reviewed a control measure in response to—
(a) a notifiable incident, or
(b) an incident referred to in clause 128.
The operator of a mine or petroleum site must keep a record of the following—
(a) the causes (or likely causes) of the incident,
(b) the work health and safety matters arising from the incident,
(c) recommendations arising from consideration of the incident (including any recommendation directed at preventing a repeat of that type of incident in the future),
(d) the outcome of any review or revision of any control measures or any part of the safety management system,
(e) a summary of any changes to the safety management system for the mine or petroleum site and any affected principal hazard management plan or principal control plan for the mine or petroleum site.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
The operator of a mine or petroleum site must, if required by the regulator by notice in writing, provide any records kept under this clause to the regulator, in the manner and within the time specified in the notice.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
(cl 620 model WHS Regs)
This clause applies to a person conducting a business or undertaking at a mine or petroleum site, other than the operator of the mine or petroleum site, who has, under clause 38 of the WHS Regulations, reviewed a control measure in response to a notifiable incident or an incident referred to in clause 128.
A person conducting a business or undertaking at a mine or petroleum site must keep a record of the following—
(a) the causes (or likely causes) of the incident,
(b) the work health and safety matters arising from the incident,
(c) recommendations arising from consideration of the incident (including any recommendation directed at preventing a repeat of that type of incident in the future),
(d) the outcome of any review or revision of any control measures.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
A person conducting a business or undertaking at a mine or petroleum site must, if required by the regulator by notice in writing, provide any records kept under this clause to the regulator, in the manner and within the time specified in the notice.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
(cl 621 model WHS Regs)
The operator of a mine or petroleum site must establish a safety management system for the mine or petroleum site, in accordance with this Subdivision.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
The operator must implement the safety management system for the mine or petroleum site, so far as is reasonably practicable.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
The operator must ensure that no mining operations or petroleum operations take place during any time at which any part of the safety management system relevant to the mining operations or petroleum operations is not established and implemented at the mine or petroleum site in accordance with this subdivision.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
The safety management system must form part of any overall management system that is in place at the mine or petroleum site.
The safety management system must be designed to be used by the operator as the primary means of ensuring, so far as is reasonably practicable—
(a) the health and safety of workers at the mine or petroleum site, and
(b) that the health and safety of other persons is not put at risk from the mine or petroleum site or work carried out as part of mining operations or petroleum operations.
Subject to subclause (7), the safety management system must provide a comprehensive and integrated system for the management of all aspects of risks to health and safety in relation to the operation of the mine or petroleum site.
The safety management system must comply with subclause (6) to the extent appropriate to the mine or petroleum site having regard to—
(a) the nature, complexity and location of the mining operations or petroleum operations, and
(b) the risks associated with those operations.
The safety management system must be documented.
A safety management system document is not required to be set out in the same way in which matters are addressed in this Regulation so long as the substantive matters required by this Regulation are properly addressed. It may be set out in one or more documents or may be placed in documents that also deal with other matters. For example a principal hazard management plan may be combined with a principal control plan.
(cl 622 model WHS Regs)
The safety management system document for a mine or petroleum site must set out the following—
(a) the health and safety policy of the operator of the mine or petroleum site, including broad aims in relation to the safe operation of the mine or petroleum site,
(b) the arrangements for managing risks in accordance with clause 9,
Note— This includes all control measures implemented in accordance with specific requirements under this Regulation (see clause 33 of the WHS Regulations).
(c) the systems, procedures, plans and other control measures that will be used to control risks to health and safety associated with mining operations or petroleum operations at the mine or petroleum site, including—
(i) the principal hazard management plans for the mine or petroleum site prepared under Division 2, and
(ii) the principal control plans for the mine or petroleum site, and
(iii) in the case of an underground mine—the ventilation control plan and ventilation plan prepared for the mine under Subdivision 2 of Division 5, and
(iv) in the case of an underground coal mine—the matters required under Subdivision 3 of Division 5,
(d) the management structure for the management of work health and safety at the mine or petroleum site, including—
(i) arrangements for filling temporary and permanent vacancies, and
(ii) requirements relating to acting positions in the structure, and
(iii) the competency requirements for positions in the structure, and
(iv) the positions within the management structure that have responsibility for the management of work health and safety at the mine or petroleum site (including mining supervisors) and the names of the relevant persons, and
(v) for persons nominated to exercise key statutory functions at the mine or petroleum site, the responsibilities of each such person with regard to the supervision of workers at the mine or petroleum site,
(e) the arrangements in place, between any persons conducting a business or undertaking at the mine or petroleum site, for consultation, co-operation and the co-ordination of activities in relation to compliance with their duties under the WHS laws,
(f) if a contractor is working or likely to work at the mine or petroleum site—the control measures that will be used to control risks to health and safety associated with the contractor’s work at the mine or petroleum site, including—
(i) any contractor health and safety management plan prepared by the contractor under clause 22, and
(ii) how any such contractor health and safety management plan will be integrated with the safety management system for the mine or petroleum site, and
(iii) the process for assessing health and safety policies and procedures (including competency requirements) of the contractor and integrating them into the safety management system, and
(iv) the arrangements for monitoring and evaluating compliance by the contractor with the health and safety requirements of the safety management system,
(g) the emergency procedures and all other matters in the emergency plan for the mine or petroleum site,
(h) the procedures and conditions under which persons at the mine or petroleum site or a part of the mine or petroleum site are to be withdrawn to a place of safety and to remain withdrawn as a precautionary measure where a risk to health and safety warrants that withdrawal,
(i) the arrangements for the provision of information, training and instruction required under clause 39 of the WHS Regulations,
(j) the induction procedures for workers at the mine or petroleum site,
(k) the arrangements in place for the supervision needed to protect workers and other persons at the mine or petroleum site from risks to their health and safety from work carried out at the mine or petroleum site,
(l) arrangements in place for health monitoring under Part 3,
(m) the consultation and safety role for workers developed under Part 4,
(n) the procedures for notifiable incident response and investigation at the mine or petroleum site,
(o) the procedures for the response to, and investigation of, incidents referred to in clause 128,
(p) the procedures for the review of control measures,
(q) the procedures for records management for the mine or petroleum site to ensure compliance with the WHS laws,
(r) the arrangements for the effective communication of relevant information across shifts by workers, supervisors and other relevant persons and the procedures for documenting those communications,
(s) the arrangements in place for all other monitoring and assessment and regular inspection of the working environment of the mine or petroleum site to be carried out for the purposes of the WHS laws,
Note— See clauses 37 and 85, which deal with inspections.
(t) the performance standards under clause 15,
(u) the resources that will be applied for the effective implementation and use of the safety management system.
The safety management system document must—
(a) contain a level of detail of the matters referred to in subclause (1) that is appropriate to the mine or petroleum site, having regard to—
(i) the nature, complexity and location of the mining operations or petroleum operations, and
(ii) the risks associated with those operations, and
(b) so far as is reasonably practicable, be set out and expressed in a way that is readily understandable by persons who use it.
If any matter referred to in subclause (1) is addressed in a plan or other document prepared under the WHS laws for a mine or petroleum site, it is sufficient if the safety management system for the mine or petroleum site refers to the plan or document.
(cl 623 model WHS Regs)
The safety management system for a mine or petroleum site must include the following—
(a) performance standards for measuring the effectiveness of all aspects of the safety management system that—
(i) are sufficiently detailed to show how the operator will ensure the effectiveness of the safety management system, and
(ii) include steps to be taken to continually improve the safety management system,
(b) the way in which the performance standards are to be met,
(c) a system for auditing the effectiveness of the safety management system for the mine or petroleum site against the performance standards, including the methods, frequency and results of the audit process.
(cl 624 model WHS Regs)
The operator of a mine or petroleum site must maintain the safety management system for the mine or petroleum site so that the safety management system remains effective.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
(cl 625 model WHS Regs)
The operator of a mine or petroleum site must ensure that the safety management system for the mine or petroleum site is reviewed within 12 months of the commencement of mining operations or petroleum operations at the mine or petroleum site and at least once every 3 years after that to ensure it remains effective.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
Regular testing of the emergency plan is also required (see clause 93).
In addition, if a control measure is revised under clause 38 of the WHS Regulations or clause 10 of this Regulation, the operator must ensure that the safety management system for the mine or petroleum site is reviewed and as necessary revised in relation to all aspects of risk control addressed by the revised control measure.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
(cl 626 model WHS Regs)
The operator of a mine or petroleum site must, as soon as is reasonably practicable and on request, provide to the operator of any adjoining mine or petroleum site any information that the operator has about conditions at the mine or petroleum site or any activities or proposed activities at the mine or petroleum site that could create a risk to the health and safety of persons at the adjoining mine or petroleum site.
Maximum penalty—
(a) in the case of an individual—36 penalty units, or
(b) in the case of a body corporate—180 penalty units.
For the avoidance of doubt, subclause (1) applies to survey plans and mine or petroleum site plans to the extent that they are relevant to the health and safety of persons at the adjoining mine or petroleum site.
See section 46 of the WHS Act which creates a duty to consult, co-operate and co-ordinate activities.
In this Regulation—
(a) a person who is the operator of the mine or petroleum site,
(b) a person who conducts any one or more of the following businesses or undertakings at the mine or petroleum site—
(i) a delivery business or undertaking,
(ii) an office equipment service business or undertaking,
(iii) an office cleaning business or undertaking,
(iv) a catering business or undertaking,
(c) a person, or class of persons, specified in an order of the regulator published in the Gazette.
The operator of a mine or petroleum site must ensure that a contractor who is to carry out mining operations or petroleum operations at the mine or petroleum site is given, so far as is reasonably practicable, all relevant information and access to the mine or petroleum site to enable the contractor to identify any risks associated with the proposed operations.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
A contractor who is to carry out mining operations or petroleum operations at a mine or petroleum site must ensure that the operator of the mine or petroleum site is given, so far as is reasonably practicable, all relevant information to enable the operator to identify any risks associated with the proposed operations.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
A contractor must not carry out mining operations or petroleum operations at a mine or petroleum site unless—
(a) the contractor—
(i) has prepared a contractor health and safety management plan in accordance with subclause (2) and has provided a copy of the plan to the operator of the mine or petroleum site, and
(ii) has obtained written notice from the operator that the operator has reviewed the plan and is of the opinion that the plan is consistent with the safety management system for the mine or petroleum site, and
(iii) has, so far as is reasonably practicable, implemented the plan, or
(b) the contractor—
(i) has reviewed the relevant parts of the safety management system for the mine or petroleum site, and
(ii) has given the operator of the mine or petroleum site written notice that the contractor has conducted the review and is of the opinion that the safety management system is consistent with the contractor’s arrangements to manage the risks to health and safety from mining operations or petroleum operations carried out by the contractor at the mine or petroleum site in accordance with clause 9 and any other requirements under the WHS laws that relate to those operations.
Note— Adopting the safety management system for the mine or petroleum site does not reduce the contractor’s duty under section 19 of the WHS Act.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
A contractor health and safety management plan—
(a) must set out the means by which the contractor will manage the risks to health and safety from mining operations or petroleum operations carried out by the contractor at the mine or petroleum site in accordance with clause 9 and any other requirements under the WHS laws that relate to those operations, and
(b) must be designed to be used by the contractor as the primary means of—
(i) ensuring, so far as is reasonably practicable, the health and safety of the contractor’s workers at the mine or petroleum site, and
(ii) ensuring, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the contractor’s business or undertaking at the mine or petroleum site, and
(c) must be documented, and
(d) must, so far as is reasonably practicable, be set out and expressed in a way that is readily understandable by persons who use it.
(cl 627 model WHS Regs)
The operator of a mine or petroleum site must identify all principal hazards associated with mining operations or petroleum operations at the mine or petroleum site.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
The operator must conduct, in relation to each principal hazard identified, a risk assessment that involves a comprehensive and systematic investigation and analysis of all aspects of risk to health and safety associated with the principal hazard.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
The operator, in conducting a risk assessment under subclause (2), must—
(a) use investigation and analysis methods that are appropriate to the principal hazard being considered, and
(b) consider the principal hazard individually and also cumulatively with other hazards at the mine or petroleum site.
(cl 628 model WHS Regs)
The operator of a mine or petroleum site must prepare a principal hazard management plan for each principal hazard associated with mining operations or petroleum operations at the mine or petroleum site in accordance with this clause and Schedule 1.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
A principal hazard management plan must—
(a) provide for the management of all aspects of risk control in relation to the principal hazard, and
(b) so far as is reasonably practicable, be set out and expressed in a way that is readily understandable by persons who use it.
A principal hazard management plan must—
(a) describe the nature of the principal hazard to which the plan relates, and
(b) describe how the principal hazard relates to other hazards associated with mining operations or petroleum operations at the mine or petroleum site, and
(c) describe the analysis methods used in identifying the principal hazard to which the plan relates, and
(d) include a record of the most recent risk assessment conducted in relation to the principal hazard, and
(e) describe the investigation and analysis methods used in determining the control measures to be implemented, and
(f) describe all control measures to be implemented to manage risks to health and safety associated with the principal hazard, and
(g) describe the arrangements in place for providing the information, training and instruction required by clause 39 of the WHS Regulations in relation to the principal hazard, and
(h) refer to any design principles, engineering standards and technical standards relied on for control measures for the principal hazard, and
(i) set out the reasons for adopting or rejecting each control measure considered.
The operator of a mine or petroleum site must consider the following when preparing a principal hazard management plan for a principal hazard at the mine or petroleum site—
(a) the matters set out in Schedule 1 in respect of the principal hazard, and
(b) any other matter relevant to managing the risks associated with the principal hazard at the mine or petroleum site.
The operator of a mine or petroleum site at which there is a principal hazard must ensure that no mining operations or petroleum operations are carried out at the mine or petroleum site that may give rise to the hazard before the principal hazard management plan for the hazard has been prepared in accordance with this clause.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
(cl 629 model WHS Regs)
The operator of a mine or petroleum site must ensure that a principal hazard management plan is reviewed and as necessary revised if a control measure specified in the plan is revised under clause 38 of the WHS Regulations or clause 10 of this Regulation.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
A principal hazard management plan is part of the safety management system for a mine or petroleum site (see clause 14(1)(c)(i)), which must be audited under clause 15, maintained under clause 16 and reviewed and as necessary revised under clause 17.
If a principal hazard management plan is revised, the operator must record the revisions, including any revision of a risk assessment, in writing in the plan.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
The operator of a mine or petroleum site must comply with the requirements of this clause and Schedule 2 with respect to principal control plans.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
A principal control plan must—
(a) be documented, and
(b) so far as is reasonably practicable, be set out and expressed in a way that is readily understandable by persons who use it.
The operator of a mine or petroleum site must prepare a health control plan for the mine or petroleum site that sets out the means by which the operator will manage the risks to health associated with mining operations or petroleum operations at the mine or petroleum site in accordance with clause 9.
The operator of a mine or petroleum site at which there is a risk to health and safety associated with the mechanical aspects of plant and structures at the mine or petroleum site—
(a) must prepare and implement a mechanical engineering control plan for the mine or petroleum site that sets out the means by which the operator will manage those risks in accordance with clause 9, and
(b) must ensure that the plan is developed and periodically reviewed by a person who is, or who is under the supervision of—
(i) the individual nominated to exercise the statutory function of mechanical engineering manager or mechanical engineer at the mine or petroleum site, or
(ii) if no person is required to hold either of those positions at the mine or petroleum site—a competent person.
The operator of a mine or petroleum site at which there is a risk to health and safety associated with electricity at the mine or petroleum site—
(a) must prepare and implement an electrical engineering control plan for the mine or petroleum site that sets out the means by which the operator will manage those risks in accordance with clause 9, and
(b) must ensure that the plan is developed and periodically reviewed by a person who is, or who is under the supervision of—
(i) the individual nominated to exercise the statutory functions of electrical engineering manager or electrical engineer at the mine or petroleum site, or
(ii) if no person is required to hold either of those positions at the mine or petroleum site—a competent person.
The operator of a mine or petroleum site at which there is a risk to health and safety associated with explosives or explosive precursors at the mine or petroleum site must prepare an explosives control plan for the mine or petroleum site that sets out the means by which the operator will manage those risks in accordance with clause 9.
The operator of a petroleum site at which there is a risk to health and safety associated with well integrity must prepare a well integrity control plan for the petroleum site that sets out the means by which the operator will manage those risks in accordance with clause 9.
The ventilation control plan and the emergency plan are also principal control plans.
(cl 630 model WHS Regs)
The operator of a mine or petroleum site at which more than one shift is worked each day must implement a system that ensures that, as soon as is reasonably practicable at the commencement of each shift—
(a) the supervisor of each outgoing shift provides a written report to the supervisor of the incoming shift, in relation to the state of the workings at the mine or petroleum site and plant and any other matters that relate to work health or safety, and
(b) the supervisor of the outgoing shift acknowledges in writing to the supervisor of the incoming shift the accuracy of the report and signs (or electronically signs) the acknowledgment, and
(c) the supervisor of the incoming shift communicates the content of the report to the workers on the incoming shift, and
(d) the supervisor of the incoming shift acknowledges in writing to the supervisor of the outgoing shift that the content of the report has been communicated to workers on the incoming shift and the supervisor of the incoming shift signs (or electronically signs) the acknowledgment.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
For requirements relating to communication with workers carrying out remote or isolated work at the mine or petroleum site, see clause 48 of the WHS Regulations.
(cl 631 model WHS Regs)
In complying with clause 9, the operator of a mine or petroleum site must manage risks to health and safety associated with the movement of mobile plant at the mine or petroleum site.
In managing risks to health and safety associated with the movement of mobile plant at the mine or petroleum site, the operator must have regard to all relevant matters including the following—
(a) the design, layout, construction and maintenance of all roads and other areas at the mine or petroleum site used by mobile plant (including the drainage system for any such road or area),
(b) any risks associated with the terrain or nature of any land adjacent to any such road or area,
(c) interactions between mobile plant, especially between large and small mobile plant,
(d) interactions between mobile plant and fixed plant or structures,
(e) interactions between mobile plant and pedestrians (including the use of pre-movement warnings for mobile plant in mine or petroleum site workings),
(f) the operation of remotely controlled mobile plant,
(g) the maintenance, testing and inspection of brakes, steering, lights and other safety features of the mobile plant.
Division 7 of Part 5.1 of the WHS Regulations includes requirements relating to mobile plant in all workplaces.
(Renumbered as clauses 44A, 44B)
(Renumbered as clauses 44A, 44B)In complying with clause 9, the operator of a mine or petroleum site must manage risks to health and safety associated with explosives and explosive precursors at the mine or petroleum site.
In managing risks to health and safety associated with explosives and explosive precursors at the mine or petroleum site, the operator must—
(a) ensure that explosives and explosive precursors to be used at the mine or petroleum site are—
(i) safe to handle, and
(ii) fit for their intended use, and
(iii) as insensitive as is reasonably practicable to shock, sparks, friction and the environment in which they will be stored, transported and used, and
(iv) so far as is reasonably practicable, simple to store, use, transport and control, and
(b) ensure that any dealing with an explosive or explosive precursor at the mine or petroleum site is in compliance with the Explosives Act 2003 and Australian Standard AS 2187Explosives—Storage, transport and use, and
(c) ensure that, in the case of an underground coal mine, shotfiring does not occur in any part of the mine where—
(i) the concentration of methane in the general body of the air is greater than 0.5% by volume, or
(ii) the amount of incombustible material contained in roadway dust is less than 85%, or
(iii) the ventilation is not sufficient to adequately dilute the atmospheric contaminants caused by the shotfiring.
In complying with clause 9, the operator of a mine or petroleum site must manage risks to health and safety associated with electricity at the mine or petroleum site.
In managing risks to health and safety associated with electricity at the mine or petroleum site, the operator must ensure—
(a) that electrical installation work at the surface is carried out in accordance with the Wiring Rules, and
(b) that before a circuit is first energised at the mine or petroleum site, or is first energised following the circuit being recommissioned—
(i) the circuit is tested in accordance with the Wiring Rules by a competent person, and
(ii) there is a process in place whereby the operator (or an individual nominated to exercise the statutory functions of electrical engineering manager or electrical engineer at the mine or petroleum site) can be adequately notified about that testing as soon as is reasonably practicable after the testing occurs, and
(c) that adequately rated switchgear is provided that permits power to be safely switched off and safely restored and that does not permit automatic restoration of power if there is a risk of electric shock, fire, explosion or unplanned operation of plant, and
(d) that arrangements are in place for switching the power off or restoring power as part of normal operations in the event of a fault or an emergency, and
(e) that, for electrical plant at the mine or petroleum site (other than plant connected, and in close proximity, to a wall socket with a switch)—
(i) an isolation facility is provided, and
(ii) the electrical plant is clearly identified as being isolated from electricity by the facility, and
(iii) the facility is clearly identified as the isolator for the electrical plant, and
(iv) persons required to work with the electrical plant are competent in the correct use of the facility, and
(f) that plans of the electrical installations at the mine or petroleum site showing the following matters are kept and maintained as required and are easily accessible by each worker required to access them—
(i) the location of each main electricity reticulation line,
(ii) the location of all high voltage cables, aerials and switchgear,
(iii) the location, rating, identifying label and purpose of each main isolator, substation and high voltage switchboard,
(iv) any information required to perform switching programs,
(v) the location of all known buried electrical services at the mine or petroleum site,
(vi) in the case of a mine or petroleum site (other than an underground mine), the general location of each item of high voltage mobile plant supplied with electricity by a trailing cable,
(vii) in the case of an underground mine, the location of each fixed communication device at the mine, and
(g) that arrangements are in place so that mobile electrical plant fed by a flexible reeling or trailing cable—
(i) is not connected to power if there is an earth fault in the cable, and
(ii) has its power interrupted automatically if the continuity of the connection to earth is interrupted, and
(h) that arrangements are in place to ensure that mains-powered hand-held electrical equipment used at the mine or petroleum site operates at no more than 250 volts and has an earth leakage of not more than 30 milliamperes sensitivity, and
(i) that an effective earth system is provided at the mine or petroleum site to minimise, so far as is reasonably practicable—
(i) touch, transfer and step potential, and
(ii) the effects of lightning causing the ignition of methane, the ignition of explosives or detonators or the creation of dangerous touch voltages, and
(j) that all electrical installations (other than isolated circuits) have a continuous and effective connection to the earth system, and
(k) that all isolated circuits comply with section 7.4 of the Wiring Rules, and
(l) that the electricity supply to all electrical plant at an underground mine, and all mobile plant fed via flexible reeling or trailing cables in any other mine or petroleum site, is designed so that—
(i) the magnitude of earth fault currents to the plant is limited (in order to control step and touch potentials), and
(ii) so far as is reasonably practicable, the most likely type of electrical fault is a low energy earth fault (in order to minimise the amount of energy released), and
(m) that the reliability of any electrical safeguards provided to control the risk from both electrical and non-electrical hazards is sufficient for the level of risk being controlled, and
(n) that short circuit protection and over current protection is provided on all circuits (including sub-circuits), and
(o) that, except for circuits that are isolated from earth, or that have a supply voltage that is extra-low voltage—
(i) earth leakage protection is provided on sub-circuits, and
(ii) earth fault protection is provided on all distribution and control circuits.
The operator of a mine or petroleum site must ensure that a high risk activity identified in Schedule 3 and that applies to the mine or petroleum site pursuant to that Schedule is not carried out at or in relation to the mine or petroleum site unless—
(a) the operator has given notice of the activity to the regulator, and
(b) the waiting period has elapsed, being the waiting period specified in Schedule 3 in relation to the activity, subject to any waiver or reduction of that period under subclause (6) or any extension of that period under subclause (7), and
(c) the activity is carried out in the manner specified in the notice (or in the notice as amended under subclause (7)).
See section 19 of the WHS Act (also see section 4 of the WHS (Mines and Petroleum Sites) Act and clause 9 of the WHS Regulations).
The notice is to be given in the manner and form approved by the regulator and must include the following—
(a) the nature of the proposed high risk activity, including particulars of how the activity is to be carried out,
(b) the proposed commencement date for the activity,
(c) the location of the activity,
(d) any information or documents required by Schedule 3 in relation to the activity,
(e) the hazards identified as having the potential to arise from the activity,
(f) an assessment of the risks associated with the activity,
(g) the relevant parts of the safety management system for the mine or petroleum site that describe the systems, procedures, plans and other control measures that will be used to control risks to health and safety associated with the carrying out of the activity.
The operator of a coal mine must ensure that a copy of any notice given to the regulator under this clause (including under subclause (7)) is also given, as soon as is reasonably practicable, to an industry safety and health representative and any site safety and health representative for the mine.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
If the regulator is of the opinion that a notice about a proposed high risk activity is inadequate, the regulator may inform the operator in writing that the notice is inadequate and that the notice must be resubmitted before the high risk activity can take place.
A notice is taken to have been given when it is received by the regulator. However, if the regulator informs an operator of a mine or petroleum site that the notice is inadequate then the notice is taken not to have been given.
The regulator may waive or reduce the waiting period in relation to a particular high risk activity (at the request of the operator or otherwise). Such a waiver or reduction may occur in relation to a coal mine only if the industry safety and health representative who has been notified of the activity is consulted by the regulator in relation to the proposed waiver or reduction.
A notice given to the regulator under this clause may be amended by the operator giving further written notice to the regulator. The giving of any such further notice does not cause the waiting period to start again. However, the regulator may extend the waiting period by a reasonable time to allow the regulator time to consider the notice as amended.
Nothing in this clause affects any other obligation that a person may have under the WHS laws in relation to the carrying out of a high risk activity.
(cl 632 model WHS Regs)
The operator of a mine or petroleum site must take all reasonable steps to ensure an item or substance specified in Schedule 4 is not used in a place or for a purpose that is prohibited or restricted as set out in that Schedule.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
(cl 633 model WHS Regs)
If the operator of a mine or petroleum site closes the mine or petroleum site, the operator must, at the time of the closure, ensure so far as is reasonably practicable that the mine or petroleum site is safe, including by being secure against unauthorised entry by any person.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
If mining activities or petroleum activities at a mine or petroleum site are suspended, the operator must ensure so far as is reasonably practicable that the mine or petroleum site is safe, including by being secure against unauthorised entry by any person during the period of suspension.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
For the purposes of subclause (1) or (2), a mine or petroleum site is not secure against unauthorised entry by a person unless every shaft or outlet to the mine or petroleum site—
(a) is permanently sealed or filled, or
(b) is provided with a barrier that is properly maintained.
The operator of a mine or petroleum site must not abandon the mine or petroleum site.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
In this clause,
(a) a mine includes the mine holder of the mine, or
(b) a petroleum site includes the petroleum site holder of the petroleum site.
(cl 634 model WHS Regs)
The mine operator of a mine must take all reasonable steps to ensure that—
(a) a person under the age of 16 years is not engaged to carry out any work in respect of mining operations of a kind referred to in section 7(1)(a), (b) or (d) of the WHS (Mines and Petroleum Sites) Act, and
(b) a person under the age of 18 years is not engaged to carry out work at an underground mine, unless the person is over the age of 16 years and is an apprentice or trainee under direct supervision in relation to the work.
Maximum penalty—
(a) in the case of an individual—36 penalty units, or
(b) in the case of a body corporate—180 penalty units.
The operator of a petroleum site must take all reasonable steps to ensure that a person under the age of 16 years is not engaged to carry out any work in respect of petroleum operations of a kind referred to in section 7B(1)(a), (b) or (d) of the WHS (Mines and Petroleum Sites) Act.
Maximum penalty—
(a) in the case of an individual—36 penalty units, or
(b) in the case of a body corporate—180 penalty units.
The mine operator of an underground mine must ensure that the following records are kept in respect of the mine for each person under the age of 18 years engaged to carry out work at the mine—
(a) the date of birth of the person, and the means by which that date of birth was proven to the satisfaction of the mine operator,
(b) the date on which the person commenced working at the mine.
In this clause—
(a) directing, demonstrating, monitoring and checking the person’s work in a way that is appropriate to the person’s level of competency, and
(b) ensuring a capacity to respond in an emergency situation.
The mine operator of a mine must ensure that arrangements are in place for the regular inspection of the working environment of the mine for the purposes of the WHS laws.
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
The mine operator must ensure that, in the making of the arrangements, the following are taken into account—
(a) the procedures for conducting inspections,
(b) when inspections are to be carried out,
(c) the persons competent to conduct inspections,
(d) the number of competent persons required to conduct each inspection.
The mine operator of a mine is to ensure that a risk assessment is conducted on all areas of the mine when taking account of the matters set out in subclause (2)(a)–(d).
Clause 85 addresses inspection plans for coal mines.
General requirements for managing risks from airborne contaminants and hazardous atmospheres are set out in Divisions 7 and 8 of Part 3.2 of the WHS Regulations (all workplaces, including mines and petroleum sites), and Division 5 of this Part sets out additional requirements relating to all underground mines (Subdivision 2) and underground coal mines (Subdivision 3).
(cl 635 model WHS Regs)
In complying with clause 9, the operator of a mine or petroleum site must—
(a) manage risks to health and safety associated with extremes of either or both the temperature and moisture content of air, and
(b) if risks associated with extreme heat exist at an underground mine—implement control measures (including monitoring) to manage heat stress in places at the mine where—
(i) persons work or travel, and
(ii) the wet bulb temperature exceeds 27° Celsius.
(cl 636 model WHS Regs)
The operator of a mine or petroleum site must, so far as is reasonably practicable, minimise the exposure of persons at the mine or petroleum site to dust and diesel particulate matter and must ensure that no person at the mine or petroleum site is exposed to 8-hour time-weighted average atmospheric concentrations of airborne dust and diesel particulate matter that exceed—
(a) for respirable dust—3 milligrams per cubic metre of air, or in the case of a coal mine, 1.5 milligrams per cubic metre of air, or
(b) for inhalable dust—10 milligrams per cubic metre of air, or
(c) for diesel particulate matter—0.1 milligram per cubic metre (measured as sub-micron elemental carbon).
Maximum penalty—
(a) in the case of an individual—60 penalty units, or
(b) in the case of a body corporate—300 penalty units.
Without limiting subclause (1), the operator of an underground coal mine must, so far as is reasonably practicable, minimise the exposure of persons to carbon dioxide in the mine and must ensure no person in the mine is exposed to an 8-hour time-weighted average atmospheric concentration of carbon dioxide that exceeds—
(a) for short term exposure limits—30,000 parts per million, or
(b) otherwise—12,500 parts per million.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The Workplace Exposure Standards for Airborne Contaminants apply in relation to a concentration referred to in subclause (1) or (1A) as if that concentration were an exposure standard referred to in that document.
In this clause—
A certificate of competence, practising certificate or licence taken to have been granted under subclause (4) is subject to any condition or limitation placed on the relevant declaration.
An order under this clause may specify a period during which a former certificate is to be taken to be equivalent to a practising certificate, certificate of competence or licence and in such a case the person who held the former certificate ceases to be taken to hold the relevant practising certificate, certificate of competence or licence at the end of that period.
For the avoidance of doubt, nothing in subclause (7) affects any practising certificate, certificate of competence or licence granted to the person under Part 8 or 9 of this Regulation.
A corporation that holds a former qualification that is declared to be equivalent to a practising certificate or certificate of competence, may, if the relevant declaration so provides, hold the practising certificate or certificate of competence as if the corporation were an individual.
Subclause (9) ceases to have effect 2 years after the commencement of this clause.
The regulator may, by order published in the Gazette, declare a certificate of competence granted under Division 4 of Part 8 of this Regulation to be a practising certificate granted under Division 3 of that Part.
A person who holds a certificate of competency that has been declared to be a practising certificate is taken to have been granted the relevant practising certificate under this Regulation but only if the person is 21 years of age or older.
An order under this clause may specify a period during which a certificate of competence is to be taken to be a practising certificate and in such a case the person who holds the certificate of competence ceases to be taken to hold the relevant practising certificate at the end of that period.
For the avoidance of doubt, nothing in subclause (3) affects any practising certificate granted to the person under Part 8 of this Regulation.
Despite any other provision of this Regulation, a mine operator of an underground mine to which Part 4 of Schedule 10 applies is not required to nominate a person to exercise the statutory function of underground mine supervisor at the mine until 3 years after the commencement of this Regulation.
Subdivision 3 of Division 2 of Part 3 of the MHS Regs is taken to continue in force as if that Subdivision had not been repealed and any reference in that Subdivision to the Chief Inspector is taken to be a reference to the regulator.
A production manager permit cannot be granted under this clause in respect of a coal mine.
This clause ceases to have effect 2 years after the commencement of this Regulation.
Part 5 of the CMHS Regs is taken to continue in force as if that Part had not been repealed but only in relation to a class of licence that the regulator has declared, by order published in the Gazette, to be a class of licence to which this clause applies.
An order may provide that this clause applies to a class of licence for a specified period only.
For the purposes of this clause, a reference in that Part to—
(a) the Chief Inspector is taken to be a reference to the regulator, and
(b) the operator is taken to be a reference to the mine operator, and
(c) a coal operation is taken to be a reference to a coal mine.
This clause ceases to have effect 2 years after the commencement of this Regulation.
In this clause—
A person who is the operator of a coal operation under the CMHS Act or the operator of a mine under the MHS Act on the commencement day is taken, on and from the commencement day, to be the mine operator of the relevant mine.
The nomination of a person as the operator of a coal operation or a mine that has been duly made to the Chief Inspector under section 17 of the CMHS Act or section 22 of the MHS Act and that has not been rejected by the Chief Inspector before the commencement day is taken to be a notification of that person as mine operator of the relevant mine given to the regulator by the mine holder in accordance with clause 7 of this Regulation and the person nominated is taken, on and from the commencement day, to be the mine operator of the relevant mine (but only if the person is a person who is eligible to be appointed as the mine operator).
A person who is taken to be a mine operator of a mine because of this clause can be removed from that position in the same way as a person who is appointed as a mine operator by the mine holder under this Regulation.
Clause 30 (Mining induced seismic activity) of this Regulation does not have effect until 9 months after the commencement of this Regulation.
Clause 34 (Prohibited uses) of this Regulation does not apply in respect of a mine other than a coal mine until 9 months after the commencement of this Regulation.
Clause 38 (Temperature and moisture content of air) of this Regulation does not have effect until 9 months after the commencement of this Regulation.
Clause 77 (Post incident monitoring) of this Regulation does not have effect until 2 years after the commencement of this Regulation.
Guideline MDG 3608 Non-metallic materials for use in underground coal mines issued by the Department of Trade and Investment, Regional Infrastructure and Services in August 2012 is, on the commencement of this Regulation, taken to be a notice of the regulator published in the Gazette under clause 87 of this Regulation.
Part 3 (Health monitoring) of this Regulation does not have effect until 2 years after the commencement of this Regulation.
Health monitoring provisions in the WHS Regulations still apply.
Division 4 of Part 6 of the MHS Regs as in force immediately before the repeal of that Division is taken to continue in force as if it had not been repealed until 2 years after the commencement of this Regulation.
This clause applies to a prohibition, restriction, requirement or direction in force or in effect under section 63 or 63A of the Coal Mines Regulation Act 1982 that was, immediately before the repeal of the CMHS Act, taken to continue to have effect under that Act because of clause 9 of Schedule 3 to that Act.
Any such prohibition, restriction, requirement or direction, or a court order requiring a person to comply with such a prohibition, restriction, requirement or direction, continues to have effect as if section 63 or 63A of the Coal Mines Regulation Act 1982 had not been repealed but ceases to have effect if revoked by the regulator.
The regulator may permit the mine operator of a mine to provide a report under clause 155 of the MHS Regs as in force immediately before the repeal of that clause or under clause 206 of the CMHS Regs as in force immediately before the repeal of that clause.
Any such report is taken to be a report under clause 130 of this Regulation and is taken to satisfy the requirements of clause 130 if it satisfies the requirements of the clause under which it was provided.
This clause ceases to have effect 9 months after the commencement of this Regulation.
In this clause—
This clause applies to plant, or the design of plant, if the plant or design is taken, immediately before the transfer day, to be registered under the Occupational Health and Safety Regulation 2001 because of clause 53 of Schedule 18B to the WHS Regulations.
Plant to which this clause applies is taken on and from the transfer day to be registered under clause 177 of this Regulation, but only if the plant is required to be registered under that clause.
The design of plant to which this clause applies is taken on and from the transfer day to be registered under clause 177 of this Regulation, but only if the design is required to be registered under that clause.
On and from the transfer day the following notices under clause 107(2)(a)(ii) or 112A of the Occupational Health and Safety Regulation 2001 are taken to be orders of the regulator under clause 177(5) of this Regulation (any such order may be varied or revoked by the regulator in the same way as an order made under that clause)—
(a) Requirements for Registration of Explosive-Powered Tool Design published in Gazette No 24 of 2 February 2007, page 665,
(b) Requirements for Design Registration of Braking System on Plant Used in Underground Transport (TBS) published in Gazette No 24 of 2 February 2007, page 666,
(c) Requirements for Design Registration of Conveyor Belts used in Underground Mines published in Gazette No 24 of 2 February 2007, page 666,
(d) Requirements for Registration of Diesel Engine System Design published in Gazette No 24 of 2 February 2007, page 667,
(e) Requirements for design registration of canopies on continuous miners published in Gazette No 24 of 2 February 2007, page 678,
(f) Requirements for design registration of powered winding systems published in Gazette No 24 of 2 February 2007, page 684,
(g) Requirements for registration of breathing apparatus to assist escape from the underground parts of the coal operation (including self-rescuers) published in Gazette No 185 of 21 December 2007, page 10475,
(h) Requirements for Registration of Detonators used in Underground Mines at a Coal Workplace published in Gazette No 10 of 25 January 2008, page 185,
(i) Requirements for Design Registration of Shot Firing Apparatus used Underground at a Coal Workplace published in Gazette No 6 of 21 January 2011, page 124,
(j) Requirements for Design Registration for Gas Detection and Monitoring Plant and Items published in Gazette No 90 of 16 September 2011, page 5524.
A reference in any notice listed in subclause (5) to a coal workplace or coal operation is taken to be a reference to a coal mine.
A reference to clause 53 of Schedule 18B to the WHS Regulations in any exemption granted under clause 684 of the WHS Regulations is, on and from the transfer day, taken to include a reference to clause 177 of this Regulation.
A prohibition or restriction imposed by the Chief Inspector on the operator of a mine under clause 158 of the MHS Regs that is in force immediately before the repeal of that clause, continues in force in respect of the mine operator of the relevant mine and is taken to be both a direction given, and a prohibition notice issued, by an inspector under section 195 of the WHS Act.
A prohibition or restriction imposed by the Chief Inspector on the operator of a coal operation under clause 51 of the CMHS Regs that is in force immediately before the repeal of that clause, continues in force in respect of the mine operator of the relevant coal mine and is taken to be both a direction given, and a prohibition notice issued, by an inspector under section 195 of the WHS Act.
The provisions of Parts 10 and 12 of the WHS Act apply to a notice that is taken to have been given under this clause in the same way that those provisions apply to a notice given under that Act.
A person who is taken to be an industry safety and health representative, a site safety and health representative or an electrical safety and health representative because of clause 8, 9 or 10 of Schedule 1 to the WHS (Mines and Petroleum Sites) Act, is taken to have completed the training accredited by the regulator for the purposes of section 45 of the WHS (Mines and Petroleum Sites) Act (the
(a) the course of training required by section 165 of the CMHS Act, and
(b) a course of training, approved by the regulator or the regulator under the WHS Act, in respect of the giving of directions to cease work under section 85 of the WHS Act and the issuing of provisional improvement notices under section 90 of that Act.
Despite clause 168(1)(b) of this Regulation, a person may be appointed as an industry safety and health representative even if the person has not completed the required training.
A person referred to in subclause (2) who has failed to complete the required training within 12 months after the commencement of this Regulation ceases to be an industry safety and health representative.
An industry safety and health representative cannot issue a provisional improvement notice if the person has not completed the required training.
A direction given under section 99 of the CMHS Act to a person continues to have effect despite the repeal of that section and is taken to be an improvement notice, in the same terms, given to the person by an inspector. Section 192(1) of the WHS Act does not apply to any such notice.
This clause applies to a permit issued under section 85 of the MHS Act or section 107 of the CMHS Act that is in force immediately before the repeal of the relevant section.
The holder of the permit is, on the repeal of the relevant section, taken to be the mine operator of the tourist mine to which the permit relates.
Any such holder is not required to comply with Division 1 (other than Subdivision 1) of Part 2 of this Regulation until 2 years after the commencement of that Division if the holder, during that period—
(a) only carries out activities that were specified in the application for the permit, and
(b) complies with the conditions of the permit.
For the avoidance of doubt, the conditions of the permit are the conditions to which the permit was subject immediately before the repeal of the relevant section referred to in subclause (1).
An exemption from a provision of the CMHS Regs granted under clause 200 or 201 of the CMHS Regs and in force immediately before the repeal of those clauses is taken, despite that repeal, to continue in force and to be an exemption on the same terms from the equivalent provision of this Regulation.
An exemption from a provision of the MHS Regs granted under clause 165 or 166 of the MHS Regs and in force immediately before the repeal of those clauses is taken, despite that repeal, to continue in force and to be an exemption on the same terms from the equivalent provision of this Regulation.
Any such exemption ceases to have effect on whichever of the following first occurs—
(a) the regulator revokes the exemption by—
(i) notice in writing to the exempt person in the case of an exemption granted under clause 200 of the CMHS Regs or 165 of the MHS Regs, or
(ii) notice in the Gazette in any other case,
(b) the end of the specified period for which the exemption was granted (or the end of 5 years from the day on which the exemption was granted if no period was specified),
(c) the end of the period of 9 months after the commencement of this Regulation.
For the purposes of this clause a provision of the CMHS Regs or MHS Regs is equivalent to a provision of this Regulation if—
(a) the provision regulates a similar activity in broadly the same manner as the provision of this Regulation, or
(b) the regulator declares by notice published in the Gazette that the provision is equivalent to the provision of this Regulation.
In this Part—
For the purposes of this Part, the following references in the Existing Safety Requirements are to be construed as follows—
(a) petroleum site—in the case of a reference to “petroleum exploration programme”, “production facility”, “installation” or “site”,
(b) the regulator—in the case of a reference to the Director-General or an inspector,
(c) the Department—in the case of a reference to the Department of Mineral Resources,
(d) the petroleum site holder—in the case of a reference to titleholder in clause 202 of the Existing Safety Requirements,
(e) the petroleum site operator—in the case of a reference to the “title holder” or the “titleholder” (other than in clause 202 of the Existing Safety Requirements),
(f) approved by the regulator—in the case of something being approved.
The operator of an existing petroleum site is not required to comply with Subdivision 2 of Division 1 of Part 2 of this Regulation during the transition period if the operator instead complies with clause 201 of the Existing Safety Requirements during that period.
In such a case, the safety management plan maintained by the operator under clause 201 of the Existing Safety Requirements is, during the transition period, taken to be the safety management system for the petroleum site.
The operator of a petroleum site is not required to comply with Divisions 2 and 3 of Part 2 of this Regulation (other than clause 26(7)) during the transition period.
The operator of a petroleum site is not required to comply with clause 26(7) of this Regulation during the transition period if the operator instead complies with the clauses 505–516, 519, 520, 525 and 730 of the Existing Safety Requirements during that period.
An operator of a petroleum site who relies on this clause and who considers, within the transition period, a new control measure in relation to a principal hazard at the petroleum site, must keep a record (as part of the record for the petroleum site) setting out the reasons for adopting or rejecting the control measure.
The operator of a petroleum site is not required to comply with Subdivision 2 of Division 4 of Part 2 of this Regulation during the transition period.
The operator of a petroleum site is not required to comply with Subdivision 1 of Division 6 of Part 2 of this Regulation during the transition period.
The operator of a petroleum site is not required to comply with Division 7 of Part 2 of this Regulation during the transition period.
The operator of a petroleum site is not required to comply with Part 5 of this Regulation (other than clause 126) during the transition period if the operator instead complies with clause 503 of the Existing Safety Requirements during that period.
Division 2A of Part 8 of this Regulation and Schedule 10A do not have effect during the transition period.
This clause applies to the high risk activity of well workover if an application for approval to carry out the activity has been made under clause 731 of the Existing Safety Requirements before the commencement day and that application has not been refused before that day.
Clause 33 of this Regulation applies to the activity subject to the following—
(a) the making of the application is taken to satisfy the requirement to give notice to the regulator,
(b) the waiting period for the activity—
(i) is taken to have elapsed if approval was granted before the commencement day, or
(ii) is taken to have commenced on the commencement day in any other case,
(c) the manner of carrying out the activity is the manner specified in the application, subject to any conditions to which the approval may be subject.
An approval granted before the commencement day under clause 731 of the Existing Safety Requirements (including any condition to which the approval is subject) may be amended by the regulator at any time by notice in writing given to the holder of the approval.
This clause applies to the high risk activities of decommissioning a well or suspending a well if an application for approval to carry out the activity has been made under clause 521 of the Existing Safety Requirements before the commencement day and that application has not been refused before that day.
Clause 33 of this Regulation applies to the activity subject to the following—
(a) the making of the application is taken to satisfy the requirement to give notice to the regulator,
(b) the waiting period for the activity—
(i) is taken to have elapsed if approval was granted before the commencement day, or
(ii) is taken to have commenced on the commencement day in any other case,
(c) the manner of carrying out the activity is the manner specified in the application, subject to any conditions to which the approval may be subject.
An approval granted before the commencement day under clause 521 of the Existing Safety Requirements (including any condition to which the approval is subject) may be amended by the regulator at any time by notice in writing given to the holder of the approval.
A person who, before the commencement day, has been nominated as the operator of an existing petroleum site in accordance with clause 202 of the Existing Safety Requirements and who continued to be the operator until immediately before the commencement day, is taken, on the commencement day, to have been appointed as the operator of the petroleum site in accordance with this Regulation.
The regulator is not required to be notified of any such appointment.
A person who is taken to be the operator of a petroleum site because of this clause can be removed from that position in the same way as a person who is appointed as an operator by the petroleum site holder under this Regulation.
Clause 128 of this Regulation does not extend to an incident arising out of the carrying out of petroleum operations at an existing petroleum site if the incident occurred before the commencement day.
A reference in this Regulation to the Dams Safety Act 2015 includes a reference to the Dams Safety Act 1978.
In this Part—
(a) was commenced before 1 February 2020 but was not completed on that date, or
(b) is commenced during the period commencing on 1 February 2020 and ending on 1 May 2020.
The operator of a mine or petroleum site does not commit an offence under clause 39(1) or 55(1) of this Regulation for any contravention of clause 39(1)(c) or 55(1)(c)(i) (as inserted by the Work Health and Safety (Mines and Petroleum Sites) Amendment Regulation 2019) that occurs during the period commencing on 1 February 2020 and ending on 31 January 2021.
The amendment to clause 177(4) of this Regulation made by the Work Health and Safety (Mines and Petroleum Sites) Amendment Regulation 2019 does not affect the expiry dates of registrations that were in existence immediately before 1 February 2020.
The following provisions have effect in relation to a transitional high risk activity—
(a) the operator of the mine to which the activity applies may give notice of the activity under clause 33(1)(a) of this Regulation at any time within 3 months of 1 February 2020 (regardless of when the activity commenced),
(b) on the giving of that notice, the waiting period specified in Schedule 3 in relation to the activity is taken to have elapsed for the purposes of clause 33(1)(b) of this Regulation.
Clause 33 of this Regulation does not apply to the continuing operation of a tailings storage facility that was in operation immediately before 1 February 2020.
Despite this Regulation, clause 122, during the transition period a survey plan for a mine or petroleum site required by the Regulation, clause 122 may reference the mine or petroleum site to the Geocentric Datum of Australia as defined in Commonwealth of Australia Gazette No. 35 of 6 September 1995 at page 3369.
In this clause—
For the purposes of section 243 of the WHS Act—
(a) each offence specified in this Schedule is an offence for which a penalty notice may be issued, and
(b) the amount payable under any such penalty notice is—
(i) in the case of an amount payable by an individual—the amount specified in relation to the offence in Column 2 of this Schedule, and
(ii) in the case of an amount payable by a corporation—the amount specified in relation to the offence in Column 3 of this Schedule.
Offences under the WHS (Mines and Petroleum Sites) Act
Column 1 | Column 2 | Column 3 |
Provision | Penalty—Individuals | Penalty—Corporations |
Sections 15(1), (1A) and (2), 16(1), 17(1), 30(3)(b), 45(2) and (3), 46(2) and 47(2) | 6 penalty units | 30 penalty units |
Section 38(5) | 3 penalty units | 10 penalty units |
Offences under this Regulation
Column 1 | Column 2 | Column 3 |
Provision | Penalty—Individuals | Penalty—Corporations |
Clauses 6(4) and (5), 8(2), 8A(4) and (5), 8C(2), 10(3), 11(2) and (3), 12(2) and (3), 13(1)–(3), 16, 17(1) and (2), 20, 21, 22(1), 23(1) and (2), 24(1) and (5), 25(1) and (2), 26(1), 27, 33(3), 34, 35(1), (2) and (4), 37(1), 39(1), 41, 45(1) and (6), 46(1) and (2), 47(1)–(3), 48, 49(2)–(6), 51, 52, 53(1)–(3), 54(1), 55(1) and (2), 57(2)–(4), 59(1)–(3), 60(1) and (2), 61(1), 62(1), 63, 64(1) and (3), 65(5), 71(3), (4) and (6), 72(1)–(8), 73(1) and (2), 74(1), 75, 77(1), 78(1), (4) and (7), 80(1), 81, 82(1), 83, 84, 85(1), (8), (9) and (11), 86, 87(3), 88(1), 90, 92, 93, 94(1) and (3), 95, 96(1) and (5), 97(1)–(7), 100(1), (2) and (6), 101(2)–(4), 102, 103(1)–(4), 104(2) and (3), 105, 107, 109(6), 110, 120, 121, 122(2), (4), (4A) and (8)–(10), 123(2), 124(1), 125(2), 126, 137(1)–(4), 138B(1) and (2), 153(1) and (2), 153A, 177(9) and 177A and Schedule 5, clause 1 | 6 penalty units | 30 penalty units |
Clauses 7(1), 7B(5) and (6), 8B(1), 9(2), 18(1), 36(1) and (1A), 58(5), 91(1) and (2), 106, 125(1), 133(1) and 170(1) and (2) | 4.32 penalty units | 21.6 penalty units |
Clauses 7A, 8BA and 60(5) | 3 penalty units | 10 penalty units |
Clauses 42, 98 and 99 | 1.8 penalty units | 9 penalty units |
Clauses 58(1) and (4), 60(3), 108, 134(1)–(3), 143(3A), 144(13), 157(5A) and 158(4) | 1.25 penalty units | 6 penalty units |
Clause 60(4) | 1.5 penalty units | 6 penalty units |
Clauses 127(1), 127A, 128(1), 129(12), 130(1), 131(2) and 132 | 7.2 penalty units | 36.6 penalty units |
Clauses 138 and 138C | 6 penalty units | — |
Work Health and Safety (Mines and Petroleum Sites) Regulation 2014 (799) (formerly Work Health and Safety (Mines) Regulation 2014). LW 12.12.2014. Date of commencement, 1.2.2015, cl 2. This Regulation has been amended as follows—
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Schs 2 and 6, 8.7.2015, sec 2 (1). | |
(49) | Work Health and Safety (Mines and Petroleum) Amendment (Harmonisation) Regulation 2016. LW 29.1.2016. Date of commencement, 1.2.2016, cl 2. Amended by Statute Law (Miscellaneous Provisions) Act 2016 No 27. Assented to 7.6.2016. Date of commencement of Sch 2, 8.7.2016, sec 2 (1). | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 2, 8.7.2016, sec 2 (1). | |
No 17 | Crown Land Legislation Amendment Act 2017. Assented to 17.5.2017. Date of commencement of Sch 4, 1.7.2018, sec 2 (1) and 2018 (225) LW 1.6.2018. | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 4, 7 days after assent, sec 2 (1). | |
(96) | Work Health and Safety (Mines and Petroleum Sites) Amendment Regulation 2018. LW 19.3.2018. Date of commencement of Sch 1 [1] and [27], 1.10.2018, cl 2 (2); date of commencement of Sch 1 [2]–[26] and [28]–[42], 13.4.2018, cl 2 (1). | |
No 1 | Statute Law (Miscellaneous Provisions) Act 2019. Assented to 17.6.2019. Date of commencement of Sch 2.45, 14 days after assent, sec 2 (1). | |
(648) | Work Health and Safety (Mines and Petroleum Sites) Amendment Regulation 2019. LW 20.12.2019. Date of commencement, 1.2.2020, cl 2. | |
(543) | Work Health and Safety (Mines and Petroleum Sites) Amendment (Miscellaneous) Regulation 2020. LW 11.9.2020. Date of commencement of cl 3(1), 1.2.2021, cl 2(2); date of commencement of cl 3(2)–(4), on publication on LW, cl 2(1). | |
(662) | Work Health and Safety (Mines and Petroleum Sites) Amendment (Carbon Dioxide Exposure Standards) Regulation 2021. LW 12.11.2021. Date of commencement, on publication on LW, sec 2. | |
(404) | Work Health and Safety (Mines and Petroleum Sites) Amendment Regulation 2022. LW 22.7.2022. Date of commencement, 1.8.2022, sec 2. |
Cl 1 | Am 2016 (49), Sch 1 [2]. |
Cl 3 | Am 2015 No 15, Sch 2.58; 2016 (49), Sch 1 [3]–[6]; 2018 (96), Sch 1 [1] [2]; 2019 (648), Sch 1[1]–[4]. |
Cl 4 | Subst 2016 (49), Sch 1 [7]. |
Cl 5 | Subst 2016 (49), Sch 1 [8]. |
Part 1A, heading | Ins 2016 (49), Sch 1 [9]. Subst 2018 (96), Sch 1 [3]. |
Part 1A, Div 1, heading | Ins 2016 (49), Sch 1 [9]. |
Cl 6 | Am 2016 (49), Sch 1 [10] [11]; 2018 (96), Sch 1 [4]. |
Cl 7 | Am 2016 (49), Sch 1 [12]. |
Cll 7A, 7B | Ins 2018 (96), Sch 1 [5]. |
Part 1A, Div 2 | Ins 2016 (49), Sch 1 [13]. |
Cll 8A, 8B | Ins 2016 (49), Sch 1 [13]. |
Cl 8BA | Ins 2018 (96), Sch 1 [6]. |
Cl 8C | Ins 2016 (49), Sch 1 [13]. |
Cl 9 | Am 2016 (49), Sch 1 [14]–[18]. |
Cl 10 | Am 2016 (49), Sch 1 [14] [15] [17] [19]. |
Cl 11 | Am 2016 (49), Sch 1 [14] [15] [20]; 2018 (96), Sch 1 [7]–[9]. |
Cl 12 | Am 2016 (49), Sch 1 [14] [15] [21]; 2018 (96), Sch 1 [7] [10] [11]. |
Cl 13 | Am 2016 (49), Sch 1 [14]–[16]. |
Cl 14 | Am 2016 (49), Sch 1 [15] (am 2016 No 27, Sch 2.59) [16] [22] [23]. |
Cll 15, 16 | Am 2016 (49), Sch 1 [14] [15]. |
Cl 17 | Am 2016 (49), Sch 1 [14]–[16]. |
Part 2, Div 1, Subdiv 3, heading | Am 2016 (49), Sch 1 [24]. |
Cl 18 | Am 2016 (49), Sch 1 [14] [15]. |
Cl 19 | Am 2016 (49), Sch 1 [14] [15] [21]. |
Cl 20 | Am 2016 (49), Sch 1 [14]–[16]. |
Cl 21 | Am 2016 (49), Sch 1 [14]–[16] [25]. |
Cl 22 | Am 2016 (49), Sch 1 [14]–[16] [21]. |
Cll 23, 24 | Am 2016 (49), Sch 1 [14]–[16]. |
Cl 25 | Am 2016 (49), Sch 1 [14] [15]. |
Cl 26 | Am 2016 (49), Sch 1 [14]–[16] [26] [27]. |
Part 2, Div 4, heading | Am 2016 (49), Sch 1 [28]. |
Cl 27 | Am 2016 (49), Sch 1 [14] [15] [29]. |
Cl 28 | Am 2016 (49), Sch 1 [14] [15]. |
Cll 29, 30 | Renumbered as cll 44A and 44B, 2016 (49), Sch 1 [40]. |
Cl 31 | Am 2016 (49), Sch 1 [14] [15] (am 2016 No 27, Sch 2.59). |
Cl 32 | Am 2016 (49), Sch 1 [5] [14] [15] (am 2016 No 27, Sch 2.59) [30] [31]. |
Cl 33 | Am 2016 (49), Sch 1 [14] [15] (am 2016 No 27, Sch 2.59) [17] [18]. |
Cl 34 | Am 2016 (49), Sch 1 [14] [15] [32]. |
Cl 35 | Am 2016 (49), Sch 1 [14] [15] [33] [34]. |
Cl 36 | Am 2016 (49), Sch 1 [5] [35]–[37]; 2018 (96), Sch 1 [12]. |
Part 2, Div 4, Subdiv 2, note | Am 2016 (49), Sch 1 [38]. |
Cl 38 | Am 2016 (49), Sch 1 [5] [14] [15] (am 2016 No 27, Sch 2.59) [37]. |
Cl 39 | Am 2016 (49), Sch 1 [14] [15]; 2019 (648), Sch 1[5]–[7]; 2020 (543), cl 3(1); 2021 (662), Sch 1[1]–[4]. |
Cl 40 | Am 2016 (49), Sch 1 [14] [15]. Subst 2019 (648), Sch 1[8]; 2021 (662), Sch 1[5]. |
Cll 41–44 | Am 2016 (49), Sch 1 [14] [15]. |
Part 2, Div 4A, heading | Ins 2016 (49), Sch 1 [39]. |
Cll 44A, 44B (previously cll 29, 30) | Renumbered 2016 (49), Sch 1 [40]. |
Cl 55 | Am 2019 (648), Sch 1[9] [10]. |
Cl 57 | Am 2016 (49), Sch 1 [5]. |
Cl 58 | Am 2016 (49), Sch 1 [41]. |
Cl 65 | Am 2016 (49), Sch 1 [42]. |
Cl 67 | Am 2016 (49), Sch 1 [43]. |
Cl 71 | Am 2018 (96), Sch 1 [13] [14]. |
Cl 71A | Ins 2021 (662), Sch 1[6]. |
Cl 73 | Am 2016 (49), Sch 1 [37]; 2018 (96), Sch 1 [15]. |
Cll 74, 76 | Am 2016 (49), Sch 1 [5]. |
Cl 78 | Am 2016 (49), Sch 1 [5] [44]; 2018 (96), Sch 1 [16]–[18]. |
Cl 80 | Am 2016 (49), Sch 1 [45]. |
Part 2, Div 6, Subdiv 1, heading | Am 2016 (49), Sch 1 [46]. |
Cl 88 | Am 2016 (49), Sch 1 [14]–[16] [47]. |
Cl 89 | Am 2017 No 17, Sch 4.111. |
Cll 90–92 | Am 2016 (49), Sch 1 [14] [15]. |
Cl 93 | Am 2016 (49), Sch 1 [14] [15] [48]. |
Cl 94 | Am 2016 (49), Sch 1 [14]–[16]. |
Cl 95 | Am 2016 (49), Sch 1 [14] [15]. |
Cll 96, 100 | Am 2016 (49), Sch 1 [37]. |
Cl 101 | Am 2016 (49), Sch 1 [37]; 2016 No 27, Sch 2.61 [1]. |
Cl 103 | Am 2016 (49), Sch 1 [14] [15] [49]. |
Cll 104, 105 | Am 2016 (49), Sch 1 [14] [15]. |
Cl 106 | Am 2016 (49), Sch 1 [14]–[16]. |
Cll 107, 108 | Am 2016 (49), Sch 1 [14] [15]. |
Part 3 | Subst 2018 (96), Sch 1 [19]. |
Cll 109, 110 | Subst 2018 (96), Sch 1 [19]. |
Cll 111–118 | Rep 2018 (96), Sch 1 [19]. |
Cl 119 | Am 2016 (49), Sch 1 [50]. Rep 2018 (96), Sch 1 [19]. |
Cl 120 | Am 2018 (96), Sch 1 [20] [21]. |
Cl 121 | Am 2018 (96), Sch 1 [22]–[24]. |
Part 5, heading | Am 2016 (49), Sch 1 [51]. |
Cl 122 | Am 2016 (49), Sch 1 [5] [52]–[58]; 2021 (662), Sch 1[7]. |
Cl 124 | Am 2016 (49), Sch 1 [14]–[16] [59]. |
Cl 125 | Am 2016 (49), Sch 1 [14] [15] [59]. |
Cl 126 | Am 2016 (49), Sch 1 [14] [15]. |
Cl 127 | Subst 2016 (49), Sch 1 [60]. Am 2019 (648), Sch 1[11]. |
Cl 127A | Ins 2016 (49), Sch 1 [61]. |
Cl 128 | Am 2016 (49), Sch 1 [5] [14]–[16] [62] [63]; 2018 (96), Sch 1 [25]; 2019 (648), Sch 1[12] [13]. |
Cl 129 | Am 2016 (49), Sch 1 [64]–[72]; 2018 (96), Sch 1 [26]; 2019 (648), Sch 1[14]–[16]. |
Cl 130 | Am 2019 (648), Sch 1[17]; 2020 (543), cl 3(2)–(4). |
Cll 131, 132 | Am 2016 (49), Sch 1 [14] [15]. |
Part 7, heading | Am 2016 (49), Sch 1 [73]. |
Cll 133, 134 | Am 2016 (49), Sch 1 [14] [15] [74] [75]. |
Part 8, Div 2, heading | Subst 2016 (49), Sch 1 [76]. |
Part 8, Div 2A (cll 138A–138C) | Ins 2016 (49), Sch 1 [77]. |
Cl 139 | Am 2019 (648), Sch 1[18]. |
Cl 143 | Am 2019 (648), Sch 1[19]. |
Cl 145 | Am 2016 (49), Sch 1 [78] [79]; 2021 (662), Sch 1[8] [9]. |
Cll 146, 148 | Am 2016 (49), Sch 1 [79]. |
Cl 152 | Am 2016 (49), Sch 1 [45]; 2018 (96), Sch 1 [27]. |
Cl 153A | Ins 2018 (96), Sch 1 [28]. |
Cl 154 | Am 2019 (648), Sch 1[20]. |
Cl 157 | Am 2016 (49), Sch 1 [45]; 2019 (648), Sch 1[21]. |
Cll 158A, 158B | Ins 2019 (648), Sch 1[22]. |
Cl 160 | Am 2019 No 1, Sch 2.45; 2019 (648), Sch 1[23]. |
Part 11, heading | Am 2016 (49), Sch 1 [80]. |
Cl 164 | Am 2016 (49), Sch 1 [81]–[83]; 2019 No 1, Sch 2.45; 2019 (648), Sch 1[23]. |
Cl 168 | Am 2016 (49), Sch 1 [37]. |
Cl 173A | Ins 2016 (49), Sch 1 [84]. |
Cl 175 | Am 2016 (49), Sch 1 [85]; 2018 (96), Sch 1 [29]. |
Cl 176 | Rep 2016 (49), Sch 1 [86]. |
Cl 177 | Am 2016 (49), Sch 1 [4] [5] [87]–[90]; 2019 (648), Sch 1[24]. |
Cl 177A | Ins 2016 (49), Sch 1 [91]. |
Cl 179 | Am 2016 (49), Sch 1 [5] [92]; 2018 (96), Sch 1 [30]; 2019 (648), Sch 1[25] [26]. |
Cl 181 | Am 2016 (49), Sch 1 [93]. |
Cl 183 | Am 2016 (49), Sch 1 [94] [95]. |
Cl 185 | Am 2016 (49), Sch 1 [96]. Rep 2021 (662), Sch 1[10]. |
Sch 1, heading | Am 2016 (49), Sch 1 [97]. |
Sch 1 | Am 2016 (49), Sch 1 [98]–[103]; 2018 (96), Sch 1 [31] [32]. |
Sch 2 | Am 2016 (49), Sch 1 [5] [14]–[16] [104]–[108]; 2016 No 27, Sch 2.61 [2]; 2018 (96), Sch 1 [33]. |
Sch 3 | Am 2016 (49), Sch 1 [4] [5] [109]–[113]; 2018 (96), Sch 1 [34]–[36]; 2019 (648), Sch 1[27]–[31]. |
Sch 4 | Subst 2016 (49), Sch 1 [114]. |
Sch 7 | Am 2016 (49), Sch 1 [115]–[122]. |
Sch 8 | Am 2016 (49), Sch 1 [123]. |
Sch 9, heading | Am 2019 (648), Sch 1[32]. |
Sch 9 | Am 2016 (49), Sch 1 [124] [125]; 2021 (662), Sch 1[11]. |
Sch 10 | Am 2016 (49), Sch 1 [126]–[129]; 2017 No 22, Sch 4.54; 2018 (96), Sch 1 [37]–[41]; 2019 (648), Sch 1[33]. |
Sch 10A | Ins 2016 (49), Sch 1 [130]. |
Sch 12 | Am 2016 (49), Sch 1 [131]–[136]; 2019 (648), Sch 1[34]; 2021 (662), Sch 1[12]. |
Sch 13 | Rep 2015 No 15, Sch 6. Ins 2018 (96), Sch 1 [42]. Am 2019 (648), Sch 1[35]; 2022 (404), Sch 1[2]. |
The whole Regulation | Am 2016 (49), Sch 1 [1] (“mining hazard”, “mining hazards” and “WHS (Mines) Act” omitted wherever occurring, “hazard”, “hazards” and “WHS (Mines and Petroleum Sites) Act” inserted instead, respectively); 2022 (404), Sch 1[1] (“$1,250”, “$3,600”, “$6,000”, “$18,000” and “$30,000” omitted wherever occurring, “12.5 penalty units”, “36 penalty units”, “60 penalty units”, “180 penalty units” and “300 penalty units” inserted instead, respectively). |
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