Health and Safety in Employment (Tunnelling Operations—Excluded Operations) Order 2013

2013/484

Coat of Arms of New Zealand

Health and Safety in Employment (Tunnelling Operations—Excluded Operations) Order 2013

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 9th day of December 2013

Present:
The Right Hon John Key presiding in Council

Pursuant to section 19P of the Health and Safety in Employment Act 1992, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister of Labour, makes the following order.

Order

1 Title
  • This order is the Health and Safety in Employment (Tunnelling Operations—Excluded Operations) Order 2013.

2 Commencement
  • This order comes into force on 16 December 2013.

3 Certain operations excluded from definition of tunnelling operation
  • (1) Any tunnelling operation that meets all of the criteria listed in subclause (2) is not a tunnelling operation for the purposes of section 19O of the Health and Safety in Employment Act 1992.

    (2) The criteria are—

    • (a) not more than 2 mine workers ordinarily work underground at the operation at any one time; and

    • (b) explosives are not used underground at the operation; and

    • (c) the operation relates to a tunnel or shaft that is, or is intended to be, not more than 15 metres long; and

    • (d) the concentration of methane is not likely to be more than 0.25% of the general body of air in any working area at the operation.

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 16 December 2013, excludes certain tunnelling operations from the definition of tunnelling operation for the purposes of section 19O of the Health and Safety in Employment Act 1992, which has the effect of removing them from the definition of mining operation in section 19M and from the scope of Part 2B of that Act.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 12 December 2013.

This order is administered by the Ministry of Business, Innovation, and Employment.