Work Health and Safety (Mines and Petroleum Sites) Regulation 2022 (NSW)
Sch 14 to this Regulation (Sch 14 ams sec 81 on 1.9.2028)
This Regulation is the Work Health and Safety (Mines and Petroleum Sites) Regulation 2022.
This Regulation commences as follows—
(a) for section 89(1)(b)—1 September 2023,
(b) for Schedule 14—1 September 2028,
(c) otherwise—1 September 2022.
This Regulation replaces the Work Health and Safety (Mines and Petroleum Sites) Regulation 2014, which is repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).
The Dictionary in Schedule 15 defines words used in this Regulation.
The WHS Act, the WHS (MPS) Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
The expressions
In this Regulation, a
(a) for mining operations—one or more of the following—
(i) ground or strata failure,
(ii) inundation or inrush of a 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 the WHS Regulations, clause 34, or
(b) for petroleum operations—one or more 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 the WHS Regulations, clause 34.
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 section 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.
An appointment of a person to be the mine operator of a mine must—
(a) be written, and
(b) be made in the approved way and form, 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
An appointment of a person by a prospective mine holder under subsection (3) takes effect when the prospective mine holder becomes the mine holder of the mine, but only if, at the time, the person is still eligible to be appointed as the mine operator.
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.
A survey plan of the mine prepared under section 116.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The mine operator of a mine who ceases or intends to cease being the mine operator must, as far as reasonably practicable, ensure all records the mine operator 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 the role.
A mine record kept under section 129.
Maximum penalty (subsection (6))—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The mine holder of a mine must give notice to the regulator in accordance with this section.
Maximum penalty—
(a) for an individual—36 penalty units, or
(b) for 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 subsection (2) or (3) must—
(a) be written, and
(b) be made in the approved way and form, 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 subsection (3) must be accompanied by a copy of the appointment document.
The mine holder must give written notice to the regulator of a change to the appointment of a mine operator or the termination of the appointment.
The mine holder must take all reasonable steps to ensure a notice under subsection (3) or (6) is given before the appointment or the change or termination takes effect.
A mine operator must notify the regulator of a change to the mine operator’s contact details as soon as practicable, and no later than 28 days, after the change.
Maximum penalty—
(a) for an individual—36 penalty units, or
(b) for a body corporate—180 penalty units.
A person may be appointed to be a mine operator of an opal mine under section 5 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.
Subsections (1) and (2) do not apply to a person who, immediately before 13 April 2018, was the mine operator of an opal mine.
A person who, immediately before 13 April 2018, was the mine operator of an opal mine 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 subsection (1), (2) or (4).
A mine holder of an opal mine who is not the mine operator of the mine must ensure a person appointed as the mine operator of the mine undertakes safety training as required under this section.
Maximum penalty—
(a) for an individual—36 penalty units, or
(b) for 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 section.
Maximum penalty—
(a) for an individual—36 penalty units, or
(b) for a body corporate—180 penalty units.
If a person required to undertake safety training under this section is a body corporate, the body corporate complies with the requirement if the individual responsible for supervising mining operations at the mine undertakes the safety training.
In this section—
The regulator may, by written notice 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 1 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 section must comply with the notice.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
If more than 1 mine operator is appointed for different parts of a mine under this section, each of the parts is taken to be a separate mine for the purposes of this Regulation.
If a single mine operator is appointed for more than 1 mine under this section, the mines are taken to be a single mine for the purposes of this Regulation.
The regulator must ensure the mine holder is given reasonable time to comply with the notice, including reasonable time to address possible non-compliance with the WHS laws that may result from the mine holder complying with the notice.
The regulator must take the following into account in determining whether to give notice under this section—
(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 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 section 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 written, and
(b) be made in the approved way and form, 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
An appointment by a prospective petroleum site holder under subsection (3) takes effect when the prospective petroleum site holder becomes the petroleum site holder of the petroleum site, but only if, at the time, the person is still eligible to be appointed as the operator.
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.
A survey plan of the petroleum site prepared under section 116.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The operator of a petroleum site who ceases or intends to cease being the operator must, as far as reasonably practicable, ensure all records the operator 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 the role.
A petroleum site record kept under section 129.
Maximum penalty (subsection (6))—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The petroleum site holder of a petroleum site must give notice to the regulator in accordance with this section.
Maximum penalty—
(a) for an individual—36 penalty units, or
(b) for 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 subsection (2) or (3) must—
(a) be written, and
(b) be made in the approved way and form, 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 subsection (3) must be accompanied by a copy of the appointment document.
The petroleum site holder must give written notice to the regulator of a change to the appointment of an operator of the petroleum site or the termination of the appointment.
The petroleum site holder must take all reasonable steps to ensure a notice under subsection (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 a change to the operator’s contact details as soon as practicable, and no later than 28 days, after the change.
Maximum penalty—
(a) for an individual—36 penalty units, or
(b) for a body corporate—180 penalty units.
The regulator may, by written notice 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 1 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 section must comply with the notice.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
If more than 1 operator is appointed for different parts of a petroleum site under this section, each of the parts is taken to be a separate petroleum site for the purposes of this Regulation.
If a single operator is appointed for more than 1 petroleum site under this section, the petroleum sites are taken to be a single petroleum site for the purposes of this Regulation.
The regulator must ensure the petroleum site holder is given reasonable time to comply with the notice, including reasonable time to address possible non-compliance with the WHS laws that may result from the petroleum site holder complying with the notice.
The regulator must take the following into account in determining whether to give notice under this section—
(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 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.
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 the WHS Regulations, Part 3.1.
A person conducting a business or undertaking at a mine or petroleum site must ensure a risk assessment is conducted in accordance with this section by a person who is competent to conduct the risk assessment having regard to the nature of the hazard.
Maximum penalty—
(a) for an individual—36 penalty units, or
(b) for a body corporate—180 penalty units.
In conducting a risk assessment, the person must have regard to the following—
(a) the nature of the hazard,
(b) the likelihood of the hazard affecting the health or safety of a person,
(c) the severity of the potential health and safety consequences.
Subsection (3) does not limit the operation of another requirement to conduct a risk assessment under this Regulation.
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 section and the name and competency of the person who conducted the risk assessment,
(b) the control measures implemented to eliminate or minimise a risk that was identified by the 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 required to be carried out by an individual before the worker commences a task that forms part of an activity, and
(b) the person keeps a record of risk assessments that addresses the overall activity being undertaken, of which the task forms a part.
A record kept under subsection (5) by an operator of a mine or petroleum site forms part of—
(a) the safety management system of the mine or petroleum site, and
(b) the records of the mine or petroleum site.
A record, kept under subsection (5) by a contractor who has prepared a contractor health and safety management plan, forms part of the plan.
A person conducting a business or undertaking at a mine or petroleum site must review and as necessary revise control measures implemented under section 14(5)(b) 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 4,
(c) an incident referred to in section 124 occurs,
(d) another incident occurs that is required to be notified to the regulator under the WHS laws.
The operator of a mine or petroleum site must ensure a control measure the subject of a request under the WHS Regulations, clause 38(4) is reviewed and as necessary revised, whether the request is made—
(a) to the operator by a health and safety representative, or
(b) notified to the operator under subsection (3).
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 the WHS Regulations, clause 38(4).
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
A health and safety representative for workers at a mine or petroleum site may request a review of a control measure under the WHS Regulations, clause 38(4) as if the circumstances referred to in subsection (1) were included as a circumstance in the WHS Regulations, clause 38(4)(a).
This section applies to an operator of a mine or petroleum site who has, under the WHS Regulations, clause 38, reviewed a control measure in response to—
(a) a notifiable incident, or
(b) an incident referred to in section 124.
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 recommendations directed at preventing a repeat of the type of incident in the future,
(d) the outcome of a review or revision of the control measures or a part of the safety management system,
(e) a summary of changes to—
(i) the safety management system for the mine or petroleum site, and
(ii) the affected principal hazard management plan or principal control plan for the mine or petroleum site.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The operator of a mine or petroleum site must, if required by the regulator by written notice, provide the records kept under this section to the regulator, in the way and within the period specified in the notice.
Maximum penalty (subsection (3))—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
This section applies to a person conducting a business or undertaking at a mine or petroleum site.
This section does not apply to the operator of the mine or petroleum site, who has, under the WHS Regulations, clause 38, reviewed a control measure in response to—
(a) a notifiable incident, or
(b) an incident referred to in section 124.
A person 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 a recommendation directed at preventing a repeat of the type of incident in the future,
(d) the outcome of a review or revision of the control measures.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
A person must, if required by the regulator by written notice, provide the records kept under this section to the regulator, in the way and within the period specified in the notice.
Maximum penalty (subsection (4))—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
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) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The operator must, as far as reasonably practicable, implement the safety management system for the mine or petroleum site.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The operator must ensure no mining operations or petroleum operations take place during a time at which a 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.
The safety management system must form part of an 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, as far as reasonably practicable—
(a) the health and safety of workers at the mine or petroleum site, and
(b) 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 subsection (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 subsection (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 the operations.
Maximum penalty (subsection (7))—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The safety management system for a mine or petroleum site must be documented (a
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 section 14,
(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 the following—
(i) the principal hazard management plans for the mine or petroleum site prepared under Division 2,
(ii) the principal control plans for the mine or petroleum site,
(iii) for an underground mine—the ventilation control plan and ventilation plan prepared for the mine under Division 5, Subdivision 2,
(iv) for an underground coal mine—the matters required under Division 5, Subdivision 3,
(v) for coal mines and other mines—the matters required under Division 6.
(d) the management structure for the management of work health and safety at the mine or petroleum site, including the following—
(i) arrangements for filling temporary and permanent vacancies,
(ii) requirements relating to acting positions in the structure,
(iii) the competency requirements for positions in the structure,
(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,
(v) for persons nominated to exercise key statutory functions at the mine or petroleum site—the responsibilities of each person, including the supervision of workers at the mine or petroleum site,
(e) the arrangements between 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 the following—
(i) a contractor health and safety management plan prepared by the contractor under section 26,
(ii) how the contractor health and safety management plan will be integrated with the safety management system for the mine or petroleum site,
(iii) the process for assessing health and safety policies and procedures, including competency requirements, of the contractor and integrating the policies and procedures into the safety management system,
(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 must be withdrawn to a place of safety and to remain withdrawn as a precautionary measure where a risk to health and safety warrants the withdrawal,
(i) the arrangements for the provision of information, training and instruction required under the WHS Regulations, clause 39,
(j) the induction procedures for workers at the mine or petroleum site,
(k) the arrangements 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) the arrangements for health monitoring under Part 4,
(m) the consultation and safety role for workers developed under Part 5,
(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 section 124,
(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 the communications,
(s) the arrangements 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,
(t) the performance standards under section 20,
(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) deal with the matters referred to in subsection (2) in as much as detail as 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 the operations, and
(b) as far as reasonably practicable, be set out and expressed in a way that is readily understandable by persons who use it.
If a matter referred to in subsection (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.
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 must 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.
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) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The operator of a mine or petroleum site must ensure the safety management system for the mine or petroleum site is reviewed, to ensure it remains effective—
(a) within 12 months of the commencement of mining operations or petroleum operations at the mine or petroleum site, and
(b) at least once every 3 years after the commencement.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
If a control measure is revised under the WHS Regulations, clause 38 or this Regulation, section 15, the operator must also ensure 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 (subsection (2))—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The operator of a mine or petroleum site must, as soon as reasonably practicable and on request, provide the following information to the operator of an adjoining mine or petroleum site—
(a) information about conditions, 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,
(b) a survey plan of the mine or petroleum site, or a mine plan of the mine, prepared under Part 6, to the extent the plan is relevant to the health and safety of persons at the adjoining mine or petroleum site.
Maximum penalty—
(a) for an individual—36 penalty units, or
(b) for a body corporate—180 penalty units.
The operator of a mine or petroleum site must, as far as reasonably practicable, ensure a contractor who is to carry out mining operations or petroleum operations at the mine or petroleum site is given all relevant information and access to the mine or petroleum site to enable the contractor to identify risks associated with the proposed operations.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for 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, as far as reasonably practicable, ensure the operator of the mine or petroleum site is given all relevant information to enable the operator to identify risks associated with the proposed operations.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
A contractor must not carry out mining operations or petroleum operations at a mine or petroleum site unless the contractor has—
(a) prepared a plan (a
contractor health and safety management plan ) in accordance with subsection (3), and(b) provided a copy of the plan to the operator of the mine or petroleum site, and
(c) obtained written notice from the operator that the operator has reviewed the plan and reasonably believes the plan is consistent with the safety management system for the mine or petroleum site, and
(d) as far as reasonably practicable, implemented the plan.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
Subsection (1) does not apply if the contractor has—
(a) reviewed the relevant parts of the safety management system for the mine or petroleum site, and
(b) given the operator of the mine or petroleum site written notice that—
(i) the contractor has conducted the review, and
(ii) the contractor reasonably believes 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 section 14 and other requirements under the WHS laws that relate to the operations.
A contractor health and safety management plan must—
(a) 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 section 14 and other requirements under the WHS laws that relate to the operations, and
(b) be designed to be used by the contractor as the primary means of—
(i) ensuring, as far as reasonably practicable, the health and safety of the contractor’s workers at the mine or petroleum site, and
(ii) ensuring, as far as reasonably practicable, 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) be documented, and
(d) as far as 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 identify all principal hazards associated with mining operations or petroleum operations at the mine or petroleum site.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for 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) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The operator, in conducting a risk assessment under subsection (2), must—
(a) use investigation and analysis methods 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.
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 section and Schedule 1.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for 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) as far as 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, 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, 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 the WHS Regulations, clause 39 in relation to the principal hazard, and
(h) refer to the 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 for the principal hazard,
(b) other matters relevant to managing the risks associated with the principal hazard.
The operator of a mine or petroleum site at which there is a principal hazard must ensure 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 section.
Maximum penalty (subsection (5))—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The operator of a mine or petroleum site must ensure a principal hazard management plan is reviewed and as necessary revised if a control measure specified in the plan is revised under the WHS Regulations, clause 38, or this Regulation, section 15.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
If a principal hazard management plan is revised, the operator must make a written record the revisions, including the revision of a risk assessment, in the plan.
Maximum penalty (subsection (2))—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The operator of a mine or petroleum site must comply with the requirements for principal control plans specified in this section and Schedule 2.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
A principal control plan must—
(a) be documented, and
(b) as far as 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 section 14.
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 must—
(a) 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 the risks in accordance with section 14, and
(b) ensure 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 the 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 must—
(a) 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 the risks in accordance with section 14, and
(b) ensure 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 the 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 the risks in accordance with section 14.
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 the risks in accordance with section 14.
The operator of a mine or petroleum site at which more than one shift is worked each day must implement a system that ensures, as soon as 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 following—
(i) the workings at the mine or petroleum site,
(ii) the state of plant,
(iii) other matters that relate to work health or safety, and
(b) the supervisor of the outgoing shift—
(i) gives a written acknowledgment to the supervisor of the incoming shift the accuracy of the report, and
(ii) 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—
(i) gives a written acknowledgment to the supervisor of the outgoing shift that the content of the report has been communicated to workers on the incoming shift, and
(ii) signs, or electronically signs, the acknowledgment.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
In complying with section 14, 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 the road or area,
(b) risks associated with the terrain or nature of land adjacent to the 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.
In complying with section 14, 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 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 reasonably practicable to shock, sparks, friction and the environment in which they will be stored, transported and used, and
(iv) as far as reasonably practicable, simple to store, use, transport and control, and
(b) ensure dealing with an explosive or explosive precursor at the mine or petroleum site complies with the Explosives Act 2003 and Australian Standard AS 2187Explosives—Storage, transport and use, and
(c) ensure, for an underground coal mine, shotfiring does not occur in a 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 section 14, 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 the following—
(a) electrical installation work at the surface is carried out in accordance with the Wiring Rules,
(b) 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 the testing as soon as reasonably practicable after the testing occurs,
(c) adequately rated switchgear is provided that—
(i) permits power to be safely switched off and safely restored, and
(ii) does not permit automatic restoration of power if there is a risk of electric shock, fire, explosion or unplanned operation of plant,
(d) 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,
(e) for electrical plant at the mine or petroleum site, other than plant connected and near, 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,
(f) 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) information required to perform switching programs,
(v) the location of all known buried electrical services at the mine or petroleum site,
(vi) for 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) for an underground mine, the location of each fixed communication device at the mine,
(g) 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,
(h) arrangements are in place to ensure 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,
(i) an effective earth system is provided at the mine or petroleum site to minimise, as far as 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,
(j) all electrical installations, other than isolated circuits, have a continuous and effective connection to the earth system,
(k) all isolated circuits comply with the Wiring Rules, section 7.4,
(l) 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,
(m) the reliability of electrical safeguards provided to control the risk from both electrical and non-electrical hazards is sufficient for the level of risk being controlled,
(n) short circuit protection and over current protection is provided on all circuits, including sub-circuits,
(o) 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.
In this section—
The operator of a mine or petroleum site must ensure a high risk activity identified in Schedule 3 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 specified in Schedule 3 in relation to the activity has lapsed, subject to—
(i) a waiver or reduction of the period under subsection (6), or
(ii) an extension of the period under subsection (9), and
(c) the activity is carried out in the way specified in the notice, or in the notice as amended under subsection (8).
The notice must be given in the approved way and form and must include the following—
(a) the nature of the proposed high risk activity, including particulars of how the activity must be carried out,
(b) the proposed commencement date for the activity,
(c) the location of the activity,
(d) 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 a copy of a notice given to the regulator under this section, including under subsection (8), is also given, as soon as reasonably practicable, to an industry safety and health representative and a site safety and health representative for the mine.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
If the regulator reasonably believes a notice about a proposed high risk activity is inadequate, the regulator may inform the operator by a written notice that—
(a) the notice given to the regulator is inadequate, and
(b) the notice must be resubmitted before the high risk activity can be carried out.
A notice to the regulator is—
(a) taken to have been given when it is received by the regulator, or
(b) if the regulator informs an operator of a mine or petroleum site that the notice is inadequate—taken not to have been given.
The regulator may waive or reduce the waiting period in relation to a particular high risk activity.
A waiver or reduction under subsection (6) may only occur in relation to a coal mine 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 section may be amended by the operator giving further written notice to the regulator.
The giving of a further notice under subclause (8) does not cause the waiting period to change unless the regulator extends the waiting period by a reasonable time to allow the regulator time to consider the notice as amended.
Nothing in this section affects an obligation that a person may have under the WHS laws in relation to the carrying out of a high risk activity.
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 by the Schedule.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
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 as far as reasonably practicable that the mine or petroleum site is safe, including by being secure against unauthorised entry by a person.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
If mining activities or petroleum activities at a mine or petroleum site are suspended, the operator must, as far as reasonably practicable, ensure the mine or petroleum site is safe, including by being secure against unauthorised entry by a person during the period of suspension.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
For subsection (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) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
In this section—
(a) a mine includes the mine holder of the mine, or
(b) a petroleum site includes the petroleum site holder of the petroleum site.
The mine operator of a mine must take all reasonable steps to ensure—
(a) a person under the age of 16 years is not engaged to carry out mining operations work of a kind referred to in the WHS (MPS) Act, section 7(1)(a), (b) or (d), and
(b) a person over the age of 16 years and under the age of 18 years is not engaged to carry out work at an underground mine unless the person is an apprentice or a trainee under direct supervision in relation to the work.
Maximum penalty—
(a) for an individual—36 penalty units, or
(b) for a body corporate—180 penalty units.
The operator of a petroleum site must take all reasonable steps to ensure a person under the age of 16 years is not engaged to carry out petroleum operations work of a kind referred to in the WHS (MPS) Act, section 7B(1)(a), (b) or (d).
Maximum penalty—
(a) for an individual—36 penalty units, or
(b) for a body corporate—180 penalty units.
The mine operator of an underground mine must ensure the following records are kept for 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 the date of birth was proven to the satisfaction of the mine operator,
(b) the date on which the person commenced working at the mine.
The mine operator of a mine must ensure 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) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The mine operator must ensure, in the making of the arrangements, the following are taken into account—
(a) the procedures for conducting inspections,
(b) when inspections must 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 must ensure a risk assessment is conducted on all areas of the mine when taking account of the matters set out in subsection (2)(a)–(d).
In complying with section 14, 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 is more than 27°C.
The operator of a mine or petroleum site must—
(a) as far as reasonably practicable, minimise the exposure of persons at the mine or petroleum site to dust and diesel particulate matter, and
(b) ensure 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 is more than—
(i) for respirable dust—3mg per cubic metre of air, or for a coal mine, 1.5mg per cubic metre of air, or
(ii) for inhalable dust—10mg per cubic metre of air, or
(iii) for diesel particulate matter—0.1mg per cubic metre, measured as sub-micron elemental carbon.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
Without limiting subsection (1), the operator of an underground coal mine must—
(a) as far as reasonably practicable, minimise the exposure of persons to carbon dioxide in the mine, and
(b) must ensure no person in the mine is exposed to an 8-hour time-weighted average atmospheric concentration of carbon dioxide that is more than—
(i) for short term exposure limits—30,000 parts per million, or
(ii) 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 subsection (1) or (2) as if the concentration were an exposure standard referred to in the document.
In this section—
The WHS Regulations, clause 50 applies to—
(a) the operator of a mine or petroleum site in relation to airborne dust and diesel particulate matter as if the concentrations referred to in section 41(1) were exposure standards to which the WHS Regulations, clause 50 applies, and
(b) the operator of an underground coal mine in relation to carbon dioxide as if the concentrations referred to in section 41(2) were exposure standards to which the WHS Regulations, clause 50 applies.
The operator of a mine or petroleum site who uses air monitoring devices to comply with air monitoring requirements under the WHS Regulations, clause 50 and under this Regulation must ensure—
(a) the devices are suitable and effective having regard to—
(i) the nature of the monitoring being carried out, and
(ii) the substance being monitored, and
(b) the devices are positioned to ensure they work to best effect.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The operator of a mine or petroleum site, in complying with air monitoring requirements under the WHS Regulations, clause 50 and under this Regulation, must ensure signs are erected at the mine or petroleum site that explain—
(a) the meaning of a warning produced by an air monitoring device, and
(b) what persons must do in response to the warning.
Maximum penalty—
(a) for an individual—36 penalty units, or
(b) for a body corporate—180 penalty units.
In complying with section 14, the operator of a mine or petroleum site must manage risks to health and safety associated with the following—
(a) worker fatigue,
(b) the consumption of alcohol by workers,
(c) the use of drugs by workers.
In complying with section 14, the mine operator of a mine must manage risks to health and safety associated with the operation of belt conveyors at the mine.
In managing risks to health and safety associated with the operation of belt conveyors at the mine, the mine operator must do the following—
(a) ensure all belt conveyors are fitted with an emergency stop system,
(b) have regard to all matters relevant to risks associated with the operation of belt conveyors,
(c) ensure belt conveyors are regularly inspected by a competent person,
(d) for an underground coal mine—ensure each belt conveyor in operation is inspected by a competent person—
(i) at least once every shift, and
(ii) to detect the presence of overheating, smouldering or other condition likely to cause a fire—as soon as reasonably practicable after the belt conveyor is shut down for a period.
In complying with section 14, the mine operator of a mine must manage risks to health and safety associated with mining induced seismic activity at the mine.
In managing risks to health and safety associated with mining induced seismic activity at the mine, the mine operator must, as far as reasonably practicable, do the following—
(a) ensure appropriate equipment and procedures are used for the monitoring, recording, interpretation and analysis of data relating to mining induced seismic activity and the behaviour of the mine with the activity, commensurate with the level of risk,
(b) adopt an effective seismic monitoring plan which contains trigger or action points to ensure actions or procedures are undertaken on the occurrence of certain criteria specified in the plan,
(c) ensure the design of the mine mitigates the damage arising from the sudden release of energy from the build-up of mining-induced stresses,
(d) ensure geotechnical engineered ground support systems are installed and the systems take into account the following—
(i) the intended life of the excavation,
(ii) the mining-induced stress changes and potential cycles of loading and unloading,
(iii) blast vibrations during development mining and from surrounding stopes,
(iv) the potential impact of voids and the management of voids,
(v) the tolerance for stability problems and rehabilitation,
(vi) the potential for rockburst,
(e) ensure the ground support system is designed to contain events that have already been recorded or expected by appropriate modelling, allowing for an appropriate factor of safety,
(f) ensure mining by remote methods is implemented when mining areas at risk of high or unpredictable mining induced seismic activity,
(g) ensure mine design, mining methods and sequences, ground support design and assumptions and modelling are documented and reviewed on an on-going basis and, where necessary, revised.
The mine operator of an underground mine must implement a system for the mine that ensures the following—
(a) the identification of all reasonably foreseeable inrush hazards at the mine,
(b) the determination of the presence and location of an inrush hazard by exploratory bore-holes, including a way of sealing or otherwise controlling a bore-hole to prevent inrush, or other exploratory methods,
(c) communication of the location of identified inrush hazards, including inrush hazards being approached, to all affected persons,
(d) the determination of whether or not an identified inrush hazard is a principal hazard,
(e) if an identified inrush hazard is a principal hazard—the identification, establishment and maintenance of an inrush control zone for the inrush hazard in accordance with the WHS laws.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
An inrush control zone must be located near the inrush hazard and—
(a) if the exact location of the inrush hazard is known—extend at least 50m from the location of the inrush hazard, or
(b) if the exact location of the location of the inrush hazard is not known—extend more than 50m from the suspected location of the inrush hazard, as determined by a risk assessment conducted under section 27.
The mine operator must ensure, in relation to each inrush control zone, control measures and procedures are implemented to control the risk of inrush.
The mine operator must ensure an inrush control zone is not mined before—
(a) control measures and procedures have been implemented under subsection (3), and
(b) the persons who will work in the zone have been trained in relation to the implementation of the control measures and procedures.
If an identified inrush hazard is not at an accessible place at the mine, it is sufficient to control the risk from inrush by—
(a) providing adequate separation of solid rock between the mine workings and the assessed worst case position of the potential source of inrush, and
(b) complying with the requirements of an applicable principal hazard management plan prepared for inrush hazards.
The mine operator of an underground mine, before connecting an underground mine workings at the mine to other workings, including disused workings, must—
(a) ensure the other workings are inspected for water, gas and other circumstance that may be an inrush hazard, and
(b) if it is not possible to safely gain access to the workings to be connected—ensure exploratory bore-holes or other exploratory methods are used to determine the location of the other workings.
Maximum penalty (subsection (6))—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The mine operator of an underground mine must ensure, if 2 working faces are approaching each other at an underground mine, 1 of the workings is stopped, made safe and barricaded as soon as reasonably practicable before the distance separating the faces creates a risk to health or safety.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The mine operator of an underground mine, before connecting underground mine workings to other workings, including disused workings, must ensure the other workings are inspected for the following—
(a) water,
(b) gas,
(c) misfires,
(d) butts,
(e) other circumstances that may be a risk to the health or safety of a person at the mine, other than a risk associated with an inrush hazard.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The requirements of subsection (2) are satisfied in circumstances where there is no safe access to the workings to be connected, if the mine operator ensures, before the workings are connected, exploratory bore holes or other exploratory methods are used to identify circumstances that may be a risk to the health and safety of a person at the mine.
The mine operator of an underground mine must ensure every winding system used or that may be put into use at the mine includes the following—
(a) ropes and devices that can withstand all forces reasonably expected to be borne by the ropes and devices,
(b) control measures to prevent, as far as reasonably practicable, a shaft conveyance from overwind, moving at an unsafe speed, excessive acceleration and deceleration and uncontrolled movement,
(c) at least 2 braking systems that—
(i) ensure the winding system remains under control in the event of a failure in 1 of the systems, or
(ii) for a winding system used or that may be put into use at a small gemstone mine—are designed to incorporate a fail safe and consist of at least 1 brake and 1 emergency arresting device,
(d) a device that safely attaches ropes to conveyances,
(e) for an underground small gemstone mine, control measures that detect one or more of the following malfunctions that may be present—
(i) slack rope,
(ii) broken rope,
(iii) rope detaching from a conveyance or winding drum,
(iv) unsafe coiling of rope,
(f) for an underground mine other than a small gemstone mine, control measures that detect 1 or more of the following malfunctions that may be present—
(i) slack rope,
(ii) rope slip,
(iii) unsafe balance rope conditions,
(iv) unsafe coiling of rope,
(g) control measures that cause the winding system to be brought to a safe state when a condition or malfunction referred to in paragraph (e) or (f) is detected,
(h) warning systems to alert persons at the mine to an emergency in a winding system,
(i) if it is reasonably practicable, remote monitoring of the functions of the system,
(j) an effective means of communication—
(i) between the surface and a shaft conveyance used for carrying persons, and
(ii) between the point of control of the winding system and the entry to every shaft that is in use,
(k) for multi-rope winding systems—devices that load the ropes as uniformly as possible.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
Subsection (1)(h)–(k) does not apply to an underground small gemstone mine.
The mine operator must ensure the condition and performance of the winding system, and its components, are tested and monitored at intervals to ensure the safe performance of the system.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The mine operator must ensure energy lockout devices are fitted to all mechanical and electrical plant associated with a shaft at the mine, including mechanical and electrical plant associated with the operation, maintenance or use of the shaft.
Maximum penalty (subsection (4))—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The mine operator of an underground mine, other than an underground small gemstone mine, must ensure—
(a) each rope used for the purposes of a winding system or slope haulage is regularly inspected and tested to ensure it is safe to use for the purposes of a winding system or slope haulage, and
(b) criteria are established to determine when a rope is no longer suitable for those purposes.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The mine operator of an underground small gemstone mine must ensure each rope used for the purpose of a winding system is regularly inspected and tested to ensure it is safe to use for the purpose of a winding system.
Maximum penalty (subsection (2))—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The mine operator of an underground mine must ensure material or plant being carried in a shaft conveyance—
(a) does not protrude from the shaft conveyance while it is moving and make contact with a wall of the shaft or anything in the shaft, and
(b) is so secured to the shaft conveyance that it cannot leave the shaft conveyance except by being deliberately removed.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The mine operator of an underground mine must ensure persons being carried in a shaft conveyance are adequately protected from the following—
(a) another shaft conveyance in the same shaft,
(b) material or plant being carried by the other shaft conveyance,
(c) the wall of the shaft or anything in the shaft.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The mine operator of an underground mine must ensure, if a shaft conveyance that combines a cage and skip is used, material is not carried in the skip while persons are being carried in the cage.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The mine operator of an underground mine must ensure control measures are implemented to prevent a shaft conveyance from falling down the shaft.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The mine operator of an underground mine must, as far as reasonably practicable, ensure control measures are implemented to prevent persons, rock, material and plant from falling down a shaft.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
In this section—
In complying with section 14, the mine operator of an underground mine must manage risks to health and safety associated with an explosion associated with dust at the mine.
In managing risks to health and safety associated with dust at the mine, the mine operator must implement control measures that, as far as reasonably practicable, do the following—
(a) minimise the generation of potentially explosive dusts,
(b) suppress, collect and remove potentially explosive airborne dusts,
(c) suppress dust explosion,
(d) restrict the propagation of a dust explosion so that other areas are not affected.
The mine operator of an underground mine must maintain a system for effective communication throughout the mine and between the surface and locations at the underground mine.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The mine operator of an underground mine, which has an area of unsupported ground or strata that is required to be supported to ensure compliance with section 14, must ensure—
(a) no person enters the area when there is no ground or strata support, and
(b) no person enters the area to install ground or strata support unless sufficient temporary ground or strata support is provided, and
(c) plans of the proposed support arrangements for the area are prepared and displayed in locations readily accessible to workers at the mine.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The mine operator of an underground mine must ensure the following—
(a) exhaust emissions from diesel engines located underground are regularly sampled and analysed every 6 months by a qualified person,
(b) the results of the sampling and analysis by the qualified person are compared with the baseline exhaust emissions for the particular diesel engine when the engine was new, or as new,
(c) the engine is regularly maintained so that emissions from the engine are as low as reasonably practicable, having regard to the baseline exhaust emissions.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The mine operator of an underground mine must ensure fuel used at the mine is supplied in accordance with—
(a) the Fuel Quality Standards Act 2000 of the Commonwealth (the
Commonwealth Act ) and the Fuel Quality Standards (Automotive Diesel) Determination 2019 made under the Commonwealth Act, or(b) a fuel standard that has been varied by an approval under the Commonwealth Act by the Minister administering the Commonwealth Act.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The mine operator of an underground mine must ensure fuel supplied in accordance with subsection (2)(b) or fuel additives used at the mine do not increase the health and safety risks to workers at the mine.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
For subsection (3), comparison load testing on underground diesel engines at various load points must be used to determine whether a fuel or fuel additive increases the health and safety risks to workers at the mine.
In this section—
(a) holding a licence under Part 10, or
(b) if the underground mine is not an underground coal mine, a person who, in the mine operator’s opinion—
(i) is suitably qualified and experienced, and
(ii) will be supervised by a competent person, and
(iii) will use equipment and facilities suitable for carrying out sampling and analysis.
The mine operator of an underground mine must ensure, in an accessible place at the mine, the concentration of an airborne contaminant, including an asphyxiant or flammable gas, is as low as reasonably practicable.
Maximum penalty—
(a) for an individual—60 penalty units, or
(b) for a body corporate—300 penalty units.
The mine operator must comply with subsection (1)—
(a) as far as reasonably practicable, by using suppression or the installation of a ventilation or exhaust extraction system, or
(b) if this is not reasonably practicable—by some other suitable means.
This section does not limit the WHS Regulations, clause 49 or this Regulation, section 41.
The mine operator of an underground mine must ensure the ventilation system for the mine provides air that is of sufficient volume, velocity and quality to ensure the general body of air in the areas in which persons work or travel—
The statutory function of mining engineering manager is to develop, supervise, monitor and review the mining engineering standards and procedures forming part of mining operations at the mine, but only as far as the standards and procedures relate to extraction.
The requirement for nomination to exercise the statutory function is that the individual nominated must hold a current practising certificate that authorises the exercise of the statutory function.
This section does not apply to a coal mine at which no extraction occurs.
The statutory function of open cut examiner is to supervise workers and inspect work areas in a part of the mine.
The requirement for nomination to exercise the statutory function is that the individual nominated must hold a current practising certificate that authorises the exercise of the statutory function.
This section does not apply to a coal mine at which no extraction occurs.
The statutory function of mining surveyor is to prepare and certify the survey plan of the mine.
The requirement for nomination to exercise the statutory function is that the individual nominated must be a registered mining surveyor within the meaning of the Surveying and Spatial Information Act 2002.
The statutory function of electrical engineer is to develop, supervise, monitor and review the standards and procedures for the installation, commissioning, maintenance and repair of electrical plant and installations at the mine.
The requirement for nomination to exercise the statutory function is that the individual nominated must—
(a) hold an electrical engineer practising certificate (coal mines other than underground coal mines) or electrical engineering manager practising certificate (underground coal mines) that is in force, or
(b) have evidence of compliance with Australian Engineering Competency Standards Stage 2 for mining operations at a mine and be registered on the National Engineering Register as a professional electrical engineer, an electrical engineering technologist or an electrical engineering associate.
The statutory functions of mechanical engineer are—
(a) to develop and review the standards, mechanical engineering practice and procedures for the life cycle of mechanical plant and installations at the mine, and
(b) to supervise the installation, commissioning, maintenance and repair of mechanical plant at the mine.
The requirement for nomination to exercise the statutory functions is that the individual nominated must—
(a) hold a mechanical engineer practising certificate (coal mines other than underground coal mines) or mechanical engineering manager practising certificate (underground coal mines) that is in force, or
(b) have evidence of compliance with Australian Engineering Competency Standards Stage 2 for mining operations at a mine and be registered on the National Engineering Register as a professional mechanical engineer, a mechanical engineering technologist or a mechanical engineering associate.
The statutory function of qualified electrical tradesperson is to supervise the installation, commissioning, maintenance and repair of electrical plant and installations at the mine.
The requirement for nomination to exercise the statutory function is that the individual nominated must—
(a) have a supervisor certificate that authorises the doing of electrical wiring work, or
(b) have a proficiency certificate, issued by Training Services NSW, in an electrical trade, or
(c) have been continuously employed as an electrical tradesperson at a coal mine since 21 December 2004.
The statutory function of qualified mechanical tradesperson is to supervise the installation, commissioning, maintenance and repair of mechanical plant at the mine.
The requirement for nomination to exercise the statutory function is that the individual nominated must—
(a) have been continuously employed as a mechanical tradesperson at a coal mine since 21 December 2004, or
(b) have the required skills and experience identified in the mechanical engineering control plan and a proficiency certificate, issued by Training Services NSW, as identified in the mechanical engineering control plan.
This Part applies to underground mines only, but not underground coal mines.
The statutory function of mining engineering manager is to develop, supervise, monitor and review the mining engineering standards and procedures forming part of mining operations at the mine.
The requirement for nomination to exercise the statutory function is that the individual nominated must hold a current practising certificate that authorises the exercise of the statutory function.
The statutory function of underground mine supervisor is to supervise workers and inspect work areas in a part of the mine for a shift during which production is taking place.
The requirement for nomination to exercise the statutory function is that the individual nominated must hold a current practising certificate that authorises the exercise of the statutory function.
The statutory function of mining surveyor is to prepare and certify the survey plan of the mine.
The requirement for nomination to exercise the statutory function is that the individual nominated must be a registered mining surveyor within the meaning of the Surveying and Spatial Information Act 2002.
The statutory function of electrical engineer is to develop, supervise, monitor and review the standards and procedures for the installation, commissioning, maintenance and repair of electrical plant and installations at the mine.
The requirement for nomination to exercise the statutory function is that the individual nominated must—
(a) hold an electrical engineering manager practising certificate (underground coal mines) or electrical engineer practising certificate (coal mines other than underground coal mines) that is in force, or
(b) have evidence of compliance with Australian Engineering Competency Standards Stage 2 for mining operations at a mine and be registered on the National Engineering Register as a professional electrical engineer, an electrical engineering technologist or an electrical engineering associate.
This section does not apply to a mine at which the total connected power to the mine is 1,000kW or less unless voltages greater than 1,000V AC or 1,500V DC are used at the mine.
The statutory function of qualified electrical tradesperson is to supervise the installation, commissioning, maintenance and repair of electrical plant and installations at the mine.
The requirement for nomination to exercise the statutory function is that the individual nominated must—
(a) have a supervisor certificate that authorises the doing of electrical wiring work, or
(b) have a proficiency certificate, issued by Training Services NSW, in an electrical trade, or
(c) have been continuously employed as an electrical tradesperson at a mine since 20 December 2005.
This Part applies to all mines, but not underground mines or coal mines.
The statutory function of quarry manager is to supervise mining operations at the mine.
The requirement for nomination to exercise the statutory function is that the individual nominated must hold a current practising certificate that authorises the exercise of the statutory function.
The statutory function of mining surveyor is to prepare and certify the survey plan of the mine.
The requirement for nomination to exercise the statutory function is that the individual nominated must be a registered mining surveyor within the meaning of the Surveying and Spatial Information Act 2002.
This section does not apply to a mine for which a survey plan is not required under this Regulation, Part 6.
The statutory function of electrical engineer is to develop, supervise, monitor and review the standards and procedures for the installation, commissioning, maintenance and repair of electrical plant and installations at the mine.
The requirement for nomination to exercise the statutory function is that the individual nominated must—
(a) hold an electrical engineering manager practising certificate (underground coal mines) or electrical engineer practising certificate (coal mines other than underground coal mines) that is in force, or
(b) have evidence of compliance with Australian Engineering Competency Standards Stage 2 for mining operations at a mine and be registered on the National Engineering Register as a professional electrical engineer, an electrical engineering technologist or an electrical engineering associate.
This section does not apply to a mine at which the total connected power to the mine is 1,000kW or less unless voltages greater than 1,000V AC or 1,500V DC are used at the mine.
The statutory function of qualified electrical tradesperson is to supervise the installation, commissioning, maintenance and repair of electrical plant and installations at the mine.
The requirement for nomination to exercise the statutory function is that the individual nominated must—
(a) have a supervisor certificate that authorises the doing of electrical wiring work, or
(b) have a proficiency certificate, issued by Training Services NSW, in an electrical trade, or
(c) have been continuously employed as an electrical tradesperson at a mine since 20 December 2005.
section 135
The statutory function of rig manager (drilling operations) is to manage all drilling rig operations at the petroleum site.
The requirement for nomination to exercise the statutory function is that the individual nominated must hold the Nationally Recognised Training qualification RII50820 Diploma of Drilling Oil & Gas (Onshore), or a Nationally Recognised Training qualification that is equivalent to the qualification.
The statutory function of rig manager (well workover and well servicing operations) is to manage all drilling rig operations for well workovers and well servicing at the petroleum site.
The requirement for nomination to exercise the statutory function is that the individual nominated must hold the Nationally Recognised Training qualification RII51020 Diploma of Well Servicing Operations, or a Nationally Recognised Training qualification that is equivalent to the qualification.
The statutory function of driller (drilling operations) is to supervise the conduct of drilling, well control and other work carried out in connection with drilling at the petroleum site.
The requirement for nomination to exercise the statutory function is that the individual nominated must hold the Nationally Recognised Training qualification RII41120 Certificate IV in Drilling Oil & Gas (Onshore), or a Nationally Recognised Training qualification that is equivalent to the qualification.
The statutory function of driller (well workover and well servicing operations) is to supervise the conduct of drilling, well control and other work carried out in connection with well workovers and well servicing at the petroleum site.
The requirement for nomination to exercise the statutory function is that the individual nominated must hold the Nationally Recognised Training qualification RII41220 Certificate IV in Well Servicing Operations, or a Nationally Recognised Training qualification that is equivalent to the qualification.
Part 11
Subject to this Regulation, a member holds office for a period no longer than 3 years, as specified in the member’s instrument of appointment, but is eligible, if otherwise qualified, for reappointment.
A member, other than the Chairperson or Deputy Chairperson, may, from time to time, appoint a person to be the deputy of the member.
The member or the Minister may revoke the appointment of a deputy.
In the absence of a member, the member’s deputy may, if available, act in the place of the member.
When acting in the place of a member, a deputy has all the functions of the member and is taken to be a member.
A vacancy in the office of a member is taken to be an absence of the member.
The office of a member becomes vacant if the member—
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by written notice to the Minister, or
(d) is removed from office by the Minister, or
(e) is absent from 4 consecutive meetings of the Council of which reasonable notice has been given to the member, unless the Minister approves the absences, or
(f) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration for their benefit, or
(g) becomes a mentally incapacitated person.
If a member is convicted in or outside New South Wales of an offence, the member must disclose the conviction to the Minister—
(a) if the conviction occurs before the member is appointed as a member—at the time the member is appointed, or
(b) if the conviction occurs after the member is appointed—as soon as reasonably practicable after the conviction.
If the office of a member becomes vacant, a person must, subject to this Regulation, be appointed to fill the vacancy.
The Minister may, from time to time, appoint a member of the Council as Deputy Chairperson of the Council, and may revoke the appointment.
In the absence of the Chairperson, the Deputy Chairperson may, if available, act in the place of the Chairperson.
When acting in the place of the Chairperson, the Deputy Chairperson has all the functions of the Chairperson and is taken to be the Chairperson.
The Deputy Chairperson vacates office as Deputy Chairperson if—
(a) the Minister revokes the appointment, or
(b) the Deputy Chairperson ceases to be a member.
For the WHS Act, section 243—
(a) each offence created by a provision specified in this Schedule is an offence for which a penalty notice may be issued, and
(b) the amount payable for the penalty notice is the amount specified opposite the provision.
If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—
(a) that limited kind of offence, or
(b) an offence committed in the limited circumstances.
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) | $600 | $3,000 |
Section 38(5) | $300 | $1,000 |
Sections 5(5) and (6), 9(2), 10(5) and (6), 13(2), 15(3), 16(2) and (3), 17(3) and (4), 18(1), (2) and (7), 22(1) and (2), 24, 25, 26(1), 27(1) and (2), 28(1) and (5), 29(1) and (2), 30(1), 31, 35(3), 36, 37(1), (2) and (4), 39(1), 41(1) and (2), 43, 48(1) and (6), 49(1) and (2), 50(1), (3) and (4), 51(1) and (2), 52(1)–(5), 54, 55, 56(1)–(3), 57(1), 58(1) and (2), 60(2)–(4), 62(1)–(3), 63(1) and (2), 64(1), 65(1), 66, 67(1) and (3), 68(5), 74(3), (4) and (6), 76(1)–(8), 77(1) and (2), 78(1), 80(1), 81(1), (4) and (6), 83(1), 84, 85(1), 86, 87, 88(1), (8), (9) and (11), 89(2), 90(3), 91(1), 93, 95, 96(1), 97(1) and (3), 98, 99(1) and (5), 100(1)–(4) and (6)–(8), 103(1)–(3), 104(2)–(4), 105, 106(1)–(4), 107(2) and (3), 108, 110, 112(6), 113(2), 114, 115, 116(4), 117(1), (2) and (7)–(9), 118(1) and (2), 119(2), 120, 122(2), 133(1)–(4), 136(1) and (2), 154(1) and (2), 155, 187(9) and 188 and Schedule 5, section 1 | $600 | $3,000 |
Sections 6(1), 8(6) and (7), 11(1), 14(2), 23, 38(1) and (2), 61(5), 94(1) and (2), 109, 119(1), 129(1) and 174(1) and (2) | $432 | $2,160 |
Sections 7, 12 and 63(5) | $300 | $1,000 |
Sections 44, 101 and 102 | $180 | $900 |
Sections 61(1) and (4), 63(3), 83(7), 111, 130(1)–(3), 142(4), 145(8), 159(6) and 160(4) | $125 | $600 |
Section 63(4) | $150 | $600 |
Sections 121(1), 123, 124(1), 125(14), 126(1), 127(2) and 128 | $720 | $3,660 |
Sections 134 and 137 | $600 | — |
Omit “or is Departmental approved plant” from section 81(2)(a) and (3)(a).
Omit the paragraph.
Omit the definition of
section 3
(a) a person who is the operator of the mine or petroleum site,
(b) a person who conducts 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.
(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.
(a) reject situated underground, or
(b) reject that has been disposed of with overburden in a way that does not alter the stability of an overburden dump.
(a) a longwall face, or
(b) for a panel where mining is being carried out by a continuous miner—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 points that are within 100m outbye of—
(i) the most inbye completed line of cut-throughs, or
(ii) any longwall or shortwall face, but only to the extent 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 a person to be present at a part of the extraction.
(a) mining engineering manager,
(b) electrical engineering manager,
(c) mechanical engineering manager,
(d) electrical engineer,
(e) mechanical engineer,
(f) quarry manager,
(g) ventilation officer.
(a) the 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) for Part 11—see section 163, or
(b) for Part 12—see section 167.
(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 section 30, and
(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 section 30, and
(b) the emergency plan for the petroleum site.
(a) has 5 or fewer full-time equivalent workers, including the quarry manager and contractors, and
(b) does not carry out dredging or blasting activities, and
(c) does not extract more than 30,000m
3 of extractive material for sale or reuse in a year.
Work Health and Safety (Mines and Petroleum Sites) Regulation 2022 (509). LW 26.8.2022. Date of commencement, except sec 89(1)(b) and Sch 14, 1.9.2022, sec 2(c); date of commencement of sec 89(1)(b), 1.9.2023, sec 2(a); date of commencement of Sch 14, 1.9.2028, sec 2(b). This Regulation has been amended as follows—
(670) | Work Health and Safety (Mines and Petroleum Sites) Amendment Regulation (No 2) 2022. LW 11.11.2022. Date of commencement, on publication on LW, sec 2. | |
No 40 | Revenue, Mining and Energy Legislation Amendment Act 2023. Assented to 30.10.2023. Date of commencement of Sch 5, 15.12.2023, sec 2(b) and 2023 (667) LW 15.12.2023. | |
(642) | Work Health and Safety (Mines and Petroleum Sites) Amendment Regulation 2024. LW 13.12.2024. Date of commencement, on publication on LW, sec 2. |
Sec 74 | Am 2022 (670), Sch 1[1]. |
Sec 142 | Am 2024 (642), Sch 1[1]–[3]. |
Sec 164 | Am 2023 No 40, Sch 5[1]. |
Sec 168 | Am 2023 No 40, Sch 5[2]. |
Sec 178 | Am 2022 (670), Sch 1[2] [3]. |
Sec 182A | Am 2024 (642), Sch 1[4]. |
Sec 188 | Am 2024 (642), Sch 1[5]. |
Sch 13 | Am 2022 (670), Sch 1[4]. |
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