Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016

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Version as at 18 July 2022

Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016

(LI 2016/17)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 15th day of February 2016

Present:
His Excellency the Governor-General in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

These regulations are made under sections 23(1)(e), 24(1)(m), 211, and 218 and clause 5 of Schedule 3 of the Health and Safety at Work Act 2015—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Workplace Relations and Safety made after complying with sections 217 and 219 of that Act.

1	Title
2	Commencement
	Part 1 Preliminary provisions and declaration of excluded tunnelling operations
	Interpretation
3	Interpretation
4	Meaning of fresh air
	Transitional, savings, and related provisions
5	Transitional, savings, and related provisions
	Excluded tunnelling operations
6	Declaration of excluded tunnelling operations
	Part 2 Safety-critical roles and competency requirements
	Subpart 1—Site senior executive
7	Appointment of site senior executive
8	Competency requirements for appointment as site senior executive
9	Notice of appointment of site senior executive
10	WorkSafe may advise appointment not suitable
11	Mine operator must ensure site senior executive has sufficient resources
12	Appointment of acting site senior executive during temporary absence
	Subpart 2—Manager
13	Manager of mining operation
14	Manager of quarrying operation
15	Manager of alluvial mining operation
16	Manager must hold certificate
16A	Exclusion of manager of tourist mining operation
17	Certificate of competence of manager of metalliferous mining operation
18	Certificate of competence of manager of underground coal mining operation
19	Certificate of competence of manager of opencast coal mining operation
20	Certificate of competence of manager of tunnelling operation
21	Certificate of competence of manager of quarrying operation
22	Certificate of competence of manager of alluvial mining operation
23	Acting manager
24	Notification of appointment of manager or acting manager
25	Relevant operator must ensure workers comply with instructions of manager or acting manager
	Subpart 3—Other safety-critical roles
26	Electrical superintendent
27	Mechanical superintendent
28	Mine surveyor
29	Ventilation officer
30	Underviewer
31	Supervisor
31A	Gas monitor for coal exploration operation
32	Other workers required to hold certificates
33	Appointment of person to more than 1 role
	Subpart 4—Certificates of competence and other competence requirements
34	WorkSafe may prescribe requirements
35	Certificates of competence
36	Application for certificate of competence
37	Application to contain evidence
38	Eligibility to hold certificate of competence
39	Investigations by Board
40	Use of information
41	Board to issue certificate of competence
42	Duration of certificate of competence
43	Continuing professional development condition of certificate
44	Renewal of certificate of competence
45	Cancellation or suspension of certificate of competence
46	Replacement of certificate of competence
47	Register
48	Access to register
49	Appeal to District Court
	Competency requirements for mine workers
50	Supervision of untrained mine workers
	Competencies of inspectors who inspect mining operations
51	Competencies of inspectors who inspect mining operations
	Part 3 Health and safety management system
	Subpart 1—Responsibility for health and safety management system
52	Health and safety management system must be developed, etc
53	When health and safety management system must be in place
	Subpart 2—Hazard identification and risk assessment
54	Systematic identification of hazards
55	Risk assessment
	Subpart 3—Content of health and safety management system
56	Content of health and safety management system
	Subpart 4—Review, consultation, and records
57	Auditing and monitoring of health and safety management system
58	Periodic review of health and safety management system
59	Additional reviews of health and safety management system
60	Worker engagement and participation
61	Maintenance of records of health and safety management system
	Subpart 5—Providing health and safety management system documentation to mine workers
62	Providing health and safety management system documentation to mine workers
63	Providing health and safety management system documentation to contractor
64	Duty to provide instruction
	Part 4 Principal hazard management plans
65	Meaning of principal hazard
66	Responsible person to identify principal hazards and ensure principal hazard management plan in place
67	General purposes of principal hazard management plans
68	Content of principal hazard management plans
69	Review and revision of principal hazard management plans
70	Audits of principal hazard management plans
	Ground or strata instability
71	Principal hazard management plans for ground or strata instability
	Inundation and inrush
72	Meaning of inundation and inrush
73	Consideration of whether inundation and inrush is a principal hazard
74	Principal hazard management plans for inundation and inrush
75	Additional ground of review of principal hazard management plans relating to inundation and inrush
76	Obligations relating to work in inrush control zone
	Mine shafts and winding systems
76A	Application
77	Principal hazard management plans for mine shafts and winding systems
78	Additional requirements for principal hazard management plans in relation to automatic winding systems
79	Additional requirements for principal hazard management plans in relation to dual-purpose shafts
	Roads and other vehicle operating areas
80	Principal hazard management plans for roads and other vehicle operating areas
	Tips, ponds, and voids
81	Principal hazard management plans for tips, ponds, and voids
82	Risk reassessment in relation to tips, ponds, and voids
83	Inspection of tips
	Air quality: managing dust and other airborne contaminants
84	Principal hazard management plans for air quality
	Fire or explosion
84A	Application
85	Principal hazard management plan for fire or explosion
	Explosives
86	Principal hazard management plan for explosives
	Gas outbursts
86A	Application
87	Principal hazard management plan for gas outbursts
	Spontaneous combustion
88	Appraisal of likelihood of spontaneous combustion occurring required at all underground coal mining operations
89	Ongoing review of information about spontaneous combustion
90	Principal hazard management plan for spontaneous combustion
91	Recording of spontaneous combustion events
	Part 5 Principal control plans
92	Responsibility for principal control plans
93	Purpose of principal control plans
94	Review and revision of principal control plans
95	Audits of principal control plans
	Subpart 1—Mechanical engineering
96	Application
97	Risk assessment in relation to mechanical engineering control plan
98	Mechanical engineering control plan
	Subpart 2—Electrical engineering
99	Application
100	Electrical engineering control plan
	Subpart 3—Ventilation
101	Application
102	Ventilation control plan
	Subpart 4—Emergency management
103	Application
104	Consultation with emergency services
105	Emergency management control plan
106	Testing, etc, of emergency management control plan
	Subpart 5—Worker health
107	Application
108	Worker health control plan
	Part 6 Worker participation practices
109	Worker participation practices must be documented
110	Competency requirements for appointment as industry health and safety representative
111	Form of identity cards
	Information required in relation to appointment of industry health and safety representative
112	Notice to WorkSafe in relation to appointment of industry health and safety representative
	Register of industry health and safety representatives
113	Register of industry health and safety representatives
	Action following reporting of hazard by mine worker, quarry worker, or alluvial mine worker
114	Relevant operator must investigate reported hazard
115	Relevant operator must advise worker of result of investigation
	Part 7 Specific duties in all mining operations
116	Application
	Ground or strata instability
117	Installation of ground or strata support
118	Obligations relating to ground or strata support
	Roads and other vehicle operating areas
119	Roads and other vehicle operating areas
120	Operation of mobile plant by authorised mine workers only
	Defects discovered during inspection of tips
121	Defects discovered during inspection of tips
	Explosives
122	Explosives
	Conveyor belts
123	Conveyor belts
	Emergency
124	Crush injuries and rescue of trapped or injured persons
125	Treatment and transport of sick and injured mine workers
126	Resuscitation equipment
	Worker health monitoring
127	Medical examination of workers
128	Workers to be given results of monitoring
129	Records to be kept and provided to workers
	Part 8 Specific duties in underground mining operations and tunnelling operations
130	Application
	Ground or strata failure
131	Steps to be taken following ground or strata failure
	Inundation and inrush
132	Holes to be kept in advance of working places
133	Information to workers
134	Connection to be investigated
135	Holing into old workings
136	Protection against inundation and inrush
137	Stopping of work
	Mine shafts and winding systems
138	Equipment for raising and lowering mine workers, coal, minerals, or material
139	Operation of manually operated winders and slope haulage or hoist equipment
	Ventilation
140	Separation of airways
141	Air quality and temperature
142	Measurement of air from fans
143	Quantity and velocity of air
144	Ventilation fans other than auxiliary fans
145	Auxiliary fans
146	Additional requirements for auxiliary fans installed in underground coal mining operations
147	Starting, stopping, etc, of fans
148	Ventilation of work areas to be adequate before entry
149	Withdrawal of mine workers if ventilation inadequate
150	Quantity of air to be measured
151	Plan of ventilation system to be updated every month
152	Application of regulation 153
153	Ventilation
154	Exposure to diesel emissions
155	Assessment of hazards associated with fuel additives
	Fire and explosion
156	Use of petrol engines prohibited
157	Fire protection and early warning systems
158	Testing for methane
159	Application of regulations 160 to 162
160	Sparks or naked flames
161	Restrictions on hot work
162	Monitoring for methane
163	Mine worker must inform person in charge of hazard from methane or noxious gas
164	Withdrawal of mine workers when high level of methane present
165	Combustible material
	Emergency
166	Competent person at surface when mine workers underground
167	Emergency contact details
168	Self-rescuers
169	Training in use of self-rescuers
170	Escapeways in underground coal mining operation
170A	Developing escapeways in new underground coal mining operation
171	Escapeways in underground metalliferous mining operations and tunnelling operations
172	Additional requirements for escapeways in underground metalliferous mining operations
173	Changeover stations and refuges
174	Navigational aids
175	Communications systems
176	Continued monitoring of atmospheric conditions underground during emergency
	Part 9 Specific duties in underground coal mining operations only
177	Application
	Ventilation
178	Failure of ventilation system
179	Air across and to working face
180	Sealed worked-out areas
181	Position and electricity supply of main ventilation fan
182	Ventilation control devices
183	Standards for sealing
183A	Alternative to type B seal
	Sealing underground coal mining operation
184	Facilities required for sealing
185	Notice of intention to seal underground coal mining operation
186	Sealing not to be done unless notified
187	Emergency sealing
188	Testing of inertisation equipment
	Fire and explosion
189	Compressed air
190	Establishment of explosion risk zones
191	Signposting of explosion risk zones
192	Signposting of boundaries between explosion risk zones
193	Machinery restrictions in explosion risk zones
194	Use of diesel engines in underground coal mining operations
195	Restrictions on live electrical work in ERZ0 or ERZ1
	Methane monitors
196	Monitoring for methane at working face
197	Methane monitors in intake airways
198	Methane monitors in return airways
199	Methane monitors on mobile plant powered by battery or diesel engine
200	Methane monitors on certain mobile plant powered by electricity through trailing or reeling cable
201	Monitoring of other mobile plant powered by electricity through trailing or reeling cable
202	Auxiliary and booster fans
203	Recording and notification of isolation of electricity supply
204	Failure of methane monitoring system
	Dust sampling
205	Sampling of roadway dust
206	Recording of dust sampling and analysis
207	Minimum content of incombustible material in roadway dust
208	Mine operator must have standard operating procedure for application of incombustible material to roadway
209	Requirements for stone-dusting new roads
	Explosion barriers
210	Explosion barriers
	Part 10 Notification, reporting, and other matters
211	Notification of commencement, recommencement, installation, or cessation of operation
212	Duty to give draft principal hazard management plans and principal control plans to WorkSafe
213	Plan of mining operation for operational purposes
214	Plan of mining operation for WorkSafe
215	Plan of mining operation must be available to industry health and safety representatives
216	Plan of ceased mining operation
217	Details to be included in plans
218	Plan showing firefighting, rescue, and emergency facilities to be posted
	Record keeping
219	Operation records
220	Record of mine workers underground
221	Shift reports
222	Examination of operations
223	Barometer, hygrometer, and thermometer
224	Visits to solitary mine workers
	Notifiable events
225	Declaration of notifiable injury or illness and notifiable incidents
226	Record of notifiable events
227	Disclosure of information about notifiable events
228	Investigation of notifiable events
	High-risk activities
229	Notification of high-risk activities
	Other reporting obligations
230	Duty of relevant operator to give quarterly report to WorkSafe
	Part 11 Miscellaneous provisions [Revoked]
	Consequential amendment [Revoked]
231	Consequential amendment to Mines Rescue (Levy) Regulations 2014 [Revoked]
	Revocation [Revoked]
232	Revocation of Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013 [Revoked]
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Fees for issue, renewal, and replacement for certificate of competence
	Schedule 3 Standards for equipment for raising and lowering mine workers, coal, minerals, and materials
	Schedule 4 Ventilation control devices and design criteria
	Schedule 5 Injuries, illnesses, and incidents declared to be notifiable events under Act
	Schedule 6 Particulars of notifiable events
	Schedule 7 High-risk activities
	Schedule 8 Information to be given to WorkSafe in quarterly report
	Gazette Information
	Notes

Regulations

1 Title

These regulations are the Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016.

2 Commencement

These regulations come into force on 4 April 2016.

Part 1 Preliminary provisions and declaration of excluded tunnelling operations

Interpretation

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

Act means the Health and Safety at Work Act 2015

acting manager means the person designated for the purpose referred to in regulation 23

alluvial mine operator means a person who controls an alluvial mining operation and, in relation to a particular alluvial mining operation, means the person who controls that operation

alluvial mine worker means a person who works in an alluvial mining operation

alluvial mining operation has the meaning given in clause 1 of Schedule 3 of the Act

Board has the meaning given in clause 1 of Schedule 3 of the Act

borehole—

(a)

means a hole of any diameter that has been bored or drilled for any purpose (including exploration, quality control, geological investigation, or geotechnical investigation in the mining operation) either from the surface or from an underground location; but

(b)

does not include a drill hole that has been drilled for the purpose of blasting operations

brushing means removing a layer of material from the floor, roof, or side of a heading or cut-through

certificate of competence means a certificate issued by the Board under regulation 41

changeover station means a facility located within the underground parts of an underground mining operation or tunnelling operation that allows a mine worker to safely—

(a)

change or recharge his or her breathing apparatus; or

(b)

replace a self-contained self-rescuer

coal has the meaning given in clause 1 of Schedule 3 of the Act

coal exploration operation means a mining operation that is carried out above ground that involves exploring (but not mining) for coal and in which—

(a)

any activity is carried out in accordance with a current prospecting permit or exploration permit that was granted under the Crown Minerals Act 1991 and that applies to prospecting or exploring for coal; or

(b)

any exploratory activity is carried out by machinery for the purpose of finding out whether a coal mining operation may be worked

coal mining operation means any mining operation associated with the exploration or extraction of coal

competent person means a person who—

(a)

has the relevant knowledge, experience, and skill to carry out a task required or permitted by these regulations to be carried out by a competent person; and

(b)

has—

(i)

a relevant qualification evidencing the person’s possession of that knowledge, experience, and skill; or

(ii)

if the person is an employee, a certificate issued by the person’s employer evidencing the person’s possession of that knowledge, experience, and skill

current, in relation to a certificate of competence, means a certificate of competence that has been issued under regulation 41 and has not expired or been cancelled or suspended by the Board

electrical plant—

(a)

means plant that utilises or is powered by electricity; and

(b)

includes appliances and fittings

electrical system—

(a)

means an electrical system in which all the electrical plant is, or is capable of being, electrically connected to a common source of electrical energy; and

(b)

includes the source and the plant

emplacement area means an area where the overburden or tailings of a mining operation are deposited within or beyond the excavated areas of the mining operation

ERZ0 means—

(a)

an underground coal mining operation, or any part of it, where the general body concentration of methane is known to be, or is identified by a risk assessment as likely to be, greater than 1.25%:

(b)

any part of an underground coal mining operation that is an ERZ1 or a NERZ if the general body concentration of methane in that part of the mining operation becomes greater than 1.25%:

(c)

an area of an underground coal mining operation that is temporarily classified by the mine operator as an ERZ0 under regulation 190(2)

ERZ1—

(a)

means—

(i)

an underground coal mining operation, or any part of it, where the general body concentration of methane is known to be, or is identified by a risk assessment as likely to be, greater than 0.25% but not more than 1.25%; or

(ii)

an area of an underground coal mining operation that is temporarily classified by the mine operator as an ERZ1 under regulation 190(2); and

(b)

includes—

(i)

a workplace where coal or other material is being mined (except where the work is undertaken in a shaft or roadway driven from the surface in material other than coal or between seams predominantly driven in material other than coal) other than by brushing in an outbye location:

(ii)

a place where adequate standards of ventilation in relation to methane cannot be assured, taking into account abnormal circumstances in the mining operation:

(iii)

a place where connections, or repairs, to a methane drainage pipeline are being carried out:

(iv)

a place where holes are being drilled underground in the coal seam or adjacent strata for exploration or seam gas drainage:

(v)

a place, in a panel, other than a longwall panel that is being extracted, inbye the panel’s last completed cut-through:

(vi)

a worked-out area:

(vii)

each place on the return air side of any of the places in subparagraphs (i) to (vi), unless the place is an ERZ0:

(viii)

any development heading

explosion-protected means, in respect of any plant or installation, that the plant or installation is, or includes features that are, designed, manufactured, and maintained to prevent the plant or installation acting as an ignition source when exposed to an explosive atmosphere

explosion risk zone means an ERZ0, an ERZ1, or a NERZ

explosive means a substance that is capable of sudden expansion owing to a release of internal energy, and includes the capability to generate—

(a)

deflagration; or

(b)

pyrotechnic effects,—

and explosion has a corresponding meaning

explosive atmosphere means a mixture with air of flammable substances in the form of dusts, fibres, gases, mists, or vapours that, if ignited, may lead to an explosion

fresh air has the meaning given to it in regulation 4

gas monitor means a person appointed to the role of gas monitor under regulation 31A

health and safety management system—

(a)

means the system developed under Part 3; and

(b)

includes any principal hazard management plan or principal control plan

highwall mining means mining conducted by remote-controlled equipment that drives an excavation from the surface of an opencast mining operation into a coal seam underground

hot work means welding, soldering, heating, cutting, grinding, or vulcanising in which the surface temperature of the work or a tool for the work is likely to exceed 150°C

industry health and safety representative has the meaning given in clause 1 of Schedule 3 of the Act

licensed cadastral surveyor has the same meaning as in section 4 of the Cadastral Survey Act 2002

live electrical work—

(a)

means any work carried out on electrical plant in an ERZ0 or ERZ1, including testing or maintenance, that compromises the explosion protection techniques of that equipment; and

(b)

includes the use of testing equipment that is not certified for use in the explosion risk zone where it is, or is intended to be, used

main fan means the fan that is the principal means of—

(a)

providing fresh air to the underground parts of a mining operation; and

(b)

controlling the accumulation of methane, noxious gases, dust, and other contaminants in the underground parts of a mining operation

metalliferous mining operation means any mining operation associated with the extraction of minerals

methane means methane and associated hydrocarbons

mine operator—

(a)

has the meaning given in clause 1 of Schedule 3 of the Act; and

(b)

in relation to a particular mining operation, means the mine operator for that mining operation

mine worker has the meaning given in clause 1 of Schedule 3 of the Act

mineral has the meaning given in clause 1 of Schedule 3 of the Act

Mines Rescue Trust Board means the board of that name recognised under section 7 of the Mines Rescue Act 2013

mining operation has the meaning given in clause 2 of Schedule 3 of the Act

mobile plant means plant that is capable of moving—

(a)

under its own power while energised by an internal power source, for example, a battery, compressed air, or an internal combustion engine; and

(b)

while energised by a reeling cable or trailing cable

NERZ (or negligible explosion risk zone) means—

(a)

an underground coal mining operation, or any part of it, where the general body concentration of methane is demonstrated by means of continuous and recorded monitoring to be less than 0.25%; or

(b)

any part of an underground coal mining operation that is submerged by water

notifiable incident mean an incident specified in Schedule 5

old workings, in relation to a mining operation (mining operation A),—

(a)

means the workings or any part of the workings of an abandoned or a suspended mining operation that are above, below, or within 200 metres of the boundary of mining operation A; and

(b)

includes roadways, voids, and worked-out areas that were created as part of the abandoned or suspended mining operation

opencast coal mining operation means any mining operation associated with the exploration or extraction of coal and where no person works underground

opencast metalliferous mining operation means any mining operation associated with the extraction of minerals and where no person works underground

opencast mining operation means—

(a)

an opencast coal mining operation; or

(b)

an opencast metalliferous mining operation

permit holder has the same meaning as in section 2(1) of the Crown Minerals Act 1991

ppm means parts per million

principal control plan means a plan required under regulation 92

principal hazard has the meaning given to it in regulation 65

principal hazard management plan means a plan required under regulation 66

quarry operator means a person who controls a quarrying operation and, in relation to a particular quarrying operation, means the person who controls that operation

quarry worker means a person who works in a quarrying operation

quarrying operation has the meaning given in clause 3 of Schedule 3 of the Act

reeling cable means a cable that is used or placed in position for the conveyance of electricity from an electrical system to mobile plant and capable of being wound onto a reeling drum

refuge means a facility located within the underground parts of an underground mining operation or tunnelling operation that—

(a)

can be sealed during an emergency at the operation to prevent the entry of contaminated air; and

(b)

has a supply of fresh air independent of the normal ventilation system

relevant operator means,—

(a)

in relation to a mining operation, the mine operator:

(b)

in relation to a quarrying operation, the quarry operator:

(c)

in relation to an alluvial mining operation, the alluvial mine operator

responsible person means,—

(a)

in relation to a tourist mining operation, a mining operation that is suspended, or a coal exploration operation, the mine operator:

(b)

in relation to a quarrying operation, the quarry operator:

(c)

in relation to an alluvial mining operation, the alluvial mine operator:

(d)

in relation to any other mining operation, the site senior executive

safety-critical equipment means electrical plant critical to maintaining safe conditions at the mining operation and that is permitted to remain energised at times when the supply of electricity to plant or to a part or the whole of the mining operation is otherwise required to be isolated

secondary workings—

(a)

means the extraction of material from a place following the initial development phase; and

(b)

includes pillar extraction, splitting pillars, caving, stoping, longwalling, and bottom coaling

shaft means an opening in an underground mining operation or tunnelling operation having an inclination above the horizontal of 15° or more—

(a)

through which the mine workers or materials are transported; or

(b)

that is used as a main intake or outlet for ventilation

site office means a place at an operation for the time being designated by the responsible person as the site office for that operation

site senior executive—

(a)

has the meaning given in clause 1 of Schedule 3 of the Act; and

(b)

in relation to a particular mining operation, means the site senior executive for that mining operation

suspended means,—

(a)

in relation to a mining operation other than a tunnelling operation, that maintenance of the mining operation may be being carried out (for example, to ensure that the mining operation is able, in the future, to carry out the activities listed in clause 2(a) and (b) of Schedule 3 of the Act, or while the mining operation is winding down in preparation for being abandoned) but—

(i)

the activities listed in clause 2(a) and (b) of Schedule 3 of the Act (other than maintenance) are, for the time being, not being carried out; and

(ii)

the mining operation has not been abandoned; and

(b)

in relation to a tunnelling operation, that tunnelling activities are, for the time being, not being carried out, but the tunnelling operation has not been abandoned; and

(c)

in relation to a quarrying operation, that the activities set out in clause 3(1)(a) of Schedule 3 of the Act are, for the time being, not being carried out, but the quarrying operation has not been abandoned; and

(d)

in relation to an alluvial mining operation, that alluvial mining activities are, for the time being, not being carried out, but the alluvial mining operation has not been abandoned

tourist mining operation has the meaning given in clause 1 of Schedule 3 of the Act

trailing cable means a cable, other than a reeling cable, that is used or placed in position for the conveyance of electricity from an electrical system to mobile plant

tunnelling operation has the meaning given in clause 4 of Schedule 3 of the Act

underground coal mining operation means any underground mining operation associated with the exploration or extraction of coal

underground metalliferous mining operation means any underground mining operation associated with the extraction of minerals

underground mining operation means any mining operation, other than a tunnelling operation, where any person works underground

winder means any machinery used to raise or lower, by means of a rope or ropes, a conveyance up or down a shaft or slope, but does not include any lifting machine, endless rope haulage, or scraper winch installation

winding system means the equipment used to raise or lower a conveyance up or down a shaft or slope, but does not include any lifting machine, endless rope haulage, or scraper winch installation.

(2)

For the purpose of these regulations, abandoned, in relation to the whole or, as the case may be, a part of a mining operation, quarrying operation, or alluvial mining operation, means,—

(a)

in relation to a mining operation other than a tunnelling operation,—

(i)

that the whole or, as the case may be, the part of the mining operation has been closed or sealed; and

(ii)

that the activities described in clause 2(a) to (c) of Schedule 3 of the Act are no longer being carried out in the whole or, as the case may be, the part of the mining operation and any hazards associated with the carrying out of those activities in that place have been eliminated or isolated; and

(b)

in relation to a tunnelling operation,—

(i)

that the tunnel or shaft has been completed or that the whole or, as the case may be, the part of the tunnelling operation has been closed or sealed; and

(ii)

that tunnelling activities are no longer being carried out in the whole or, as the case may be, the part of the tunnelling operation and any hazards associated with the carrying out of those activities in that place have been eliminated or isolated; and

(c)

in relation to a quarrying operation, that the activities set out in clause 3(1)(a) of Schedule 3 of the Act are no longer being carried out in the whole or, as the case may be, the part of the quarrying operation and any hazards associated with carrying out those activities in that place have been eliminated or isolated; and

(d)

in relation to an alluvial mining operation, that alluvial mining activities are no longer being carried out in the whole or, as the case may be, the part of the alluvial mining operation and any hazards associated with carrying out those activities in that place have been eliminated or isolated.

(3)

Other terms or expressions used and not defined in these regulations but defined in the Act have, in these regulations, the same meaning as in the Act.

Compare: SR 2013/483 r 3

Regulation 3(1) alluvial mine worker: amended, on 18 July 2022, by regulation 4(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 3(1) coal exploration operation: inserted, on 18 July 2022, by regulation 4(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 3(1) ERZ1 paragraph (b)(vi): amended, on 18 July 2022, by regulation 4(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 3(1) gas monitor: inserted, on 18 July 2022, by regulation 4(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 3(1) industry training organisation: revoked, on 1 April 2020, by section 78(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Regulation 3(1) Mines Rescue Trust: revoked, on 18 July 2022, by regulation 4(4) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 3(1) Mines Rescue Trust Board: inserted, on 18 July 2022, by regulation 4(4) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 3(1) old workings paragraph (b): amended, on 18 July 2022, by regulation 4(5) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 3(1) opencast mining operation: inserted, on 18 July 2022, by regulation 4(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 3(1) quarry worker: amended, on 18 July 2022, by regulation 4(6) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 3(1) relevant operator: inserted, on 18 July 2022, by regulation 4(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 3(1) responsible person: inserted, on 18 July 2022, by regulation 4(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 3(1) site office: amended, on 18 July 2022, by regulation 4(7) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 3(1) suspended: replaced, on 18 July 2022, by regulation 4(8) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 3(1) tourist mining operation: inserted, on 18 July 2022, by regulation 4(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 3(1) winding system: amended, on 18 July 2022, by regulation 4(9) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 3(2): amended, on 18 July 2022, by regulation 4(10) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 3(2)(c): inserted, on 18 July 2022, by regulation 4(11) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 3(2)(d): inserted, on 18 July 2022, by regulation 4(11) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

4 Meaning of fresh air

A reference in these regulations to fresh air means that the air—

(a)

contains not less than 19% by volume of oxygen; and

(b)

contains not more than 0.25% methane; and

(c)

contains not more than 25 ppm of carbon monoxide; and

(d)

contains not more than 5 000 ppm of carbon dioxide; and

(e)

contains no other substance at a level that is likely to cause injury or illness to a mine worker over the period that the mine worker is exposed to the substance at the mining operation.

Compare: SR 2013/483 r 4

Transitional, savings, and related provisions

5 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

Compare: SR 2013/483 r 6

Excluded tunnelling operations

6 Declaration of excluded tunnelling operations

The following classes of operation are declared not to be tunnelling operations for the purposes of clause 4 of Schedule 3 of the Act:

(a)

an operation relating to a tunnel or shaft that is, or is intended to be, of any length if the mine operator does not intend that any person will work in the tunnel or shaft:

(b)

an operation relating to a tunnel or shaft that is, or is intended to be, 15 metres or less in length, but only if—

(i)

no explosives are used underground in the tunnel or shaft; and

(ii)

the concentration of methane is unlikely to be more than 0.25% of the general body of air in any working area of the tunnel or shaft.

Compare: SR 2013/484 r 3

Regulation 6(a): amended, on 18 July 2022, by regulation 5(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 6(b): amended, on 18 July 2022, by regulation 5(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Part 2 Safety-critical roles and competency requirements

Subpart 1—Site senior executive

7 Appointment of site senior executive

(1)

The mine operator of a mining operation must appoint a site senior executive for that mining operation.

(2)

Subject to regulation 10, a mine operator that has more than 1 mining operation may appoint a person to be the site senior executive for more than 1 mining operation.

(3)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 7

8 Competency requirements for appointment as site senior executive

(1)

Subject to subclause (1A), for a mining operation, the mine operator and the site senior executive must ensure that the site senior executive holds—

(a)

an appropriate current certificate of competence as a site senior executive; and

(b)

any other certificate or competency required by subclause (2).

(1A)

For a tourist mining operation, a mining operation that is suspended, or a coal exploration operation, the mine operator must ensure that the site senior executive is a competent person.

(2)

In addition to the requirements of subclause (1),—

(a)

if appointed for an underground coal mining operation, the site senior executive must hold a current certificate of competence as—

(i)

a first-class coal mine manager; or

(ii)

if not more than 5 mine workers ordinarily work underground at the underground coal mining operation at any one time, a coal mine underviewer:

(b)

if appointed for an underground metalliferous mining operation, the site senior executive must hold a current certificate of competence as—

(i)

a first-class mine manager; or

(ii)

if at least 3 but not more than 10 mine workers ordinarily work underground at the underground metalliferous mining operation at any one time, an A-grade tunnel manager; or

(iii)

if fewer than 3 mine workers ordinarily work underground at the underground metalliferous mining operation at any one time, an A-grade tunnel manager or a B-grade tunnel manager:

(c)

if appointed for a tunnelling operation, the site senior executive must have successfully completed any additional competencies prescribed by WorkSafe under regulation 34(c) for a site senior executive of a tunnelling operation.

(3)

Subclause (2)(a) or (b) does not apply during any period where the only activities at the mining operation are those described in regulation 16(2).

(4)

If there is disagreement between the mine manager and the site senior executive in relation to any operational matter at the mining operation, the manager’s view prevails if the site senior executive does not hold a relevant certificate of competence as a manager or holds a lower certificate of competence than the manager (of the relevant certificates of competence in regulation 35(b) to (j) applicable to the particular type of mining operation).

(5)

Nothing in subclause (4) limits or affects the application of the Act to any matter arising at the mining operation.

(6)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 8

Regulation 8(1): replaced, on 18 July 2022, by regulation 6 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 8(1A): inserted, on 18 July 2022, by regulation 6 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

9 Notice of appointment of site senior executive

(1)

The mine operator who appoints a site senior executive must give written notice of the appointment to the person appointed and to WorkSafe.

(2)

The notice must specify the identity of the site senior executive and the mining operation or mining operations for which he or she has been appointed as site senior executive.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $6,000:

(b)

for any other person, to a fine not exceeding $30,000.

Compare: SR 2013/483 r 9

10 WorkSafe may advise appointment not suitable

(1)

Within 30 days of the date on which notice is given to WorkSafe under regulation 9 of the appointment of a site senior executive, WorkSafe may give written notice to the mine operator that it considers the appointment to be unsuitable—

(a)

because the person,—

(i)

in the case of a tourist mining operation, a mining operation that is suspended, or a coal exploration operation, is not a competent person; or

(ii)

in the case of any other mining operation, does not hold the required certificates of competence; or

(b)

because the person has been appointed as a site senior executive for more than 1 mining operation and will not be able to effectively perform his or her role as a site senior executive at each of those mining operations; or

(c)

for any other reason relating to the suitability of the person to perform the role of site senior executive at the mining operation or mining operations to which the person has been appointed.

(2)

WorkSafe may require the mine operator to supply information relating to the appointment in order to assist it to form an opinion for the purpose of subclause (1).

(3)

The mine operator must terminate or modify the appointment in accordance with any notice given under subclause (1).

(4)

A person who contravenes subclause (3) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 10

Regulation 10(1)(a): replaced, on 18 July 2022, by regulation 7 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

11 Mine operator must ensure site senior executive has sufficient resources

The mine operator must ensure that the site senior executive has sufficient resources and authority to perform and exercise his or her functions, duties, and powers under the Act and these regulations.

Compare: SR 2013/483 r 11

12 Appointment of acting site senior executive during temporary absence

(1)

If the site senior executive of a mining operation is temporarily unable to perform his or her duties as site senior executive for the mining operation, the mine operator must appoint, in writing, a person to act as the site senior executive during the absence.

(2)

The mine operator must ensure that the acting site senior executive is adequately qualified and experienced to act in the place of the site senior executive.

(3)

Subject to subclause (2), it is not necessary that the acting site senior executive hold any certificate of competence.

(4)

The mine operator must ensure that written notice of an appointment as acting site senior executive is given to the person appointed and to WorkSafe.

(5)

The person acting as the site senior executive is subject to all of the obligations of a site senior executive.

(6)

No act done by an acting site senior executive purporting in good faith to act as the site senior executive may in any proceedings be questioned on the ground that the occasion for that site senior executive to act had not arisen or had ceased.

(7)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 12

Subpart 2—Manager

13 Manager of mining operation

(1)

The mine operator of a mining operation must appoint a person to—

(a)

manage the mining operation; and

(b)

ensure that there is adequate supervision of—

(i)

all mine workers and any other persons at the mining operation, to protect them from risks to their health and safety while they are at the operation; and

(ii)

the health and safety aspects of the mining operation on every day on which a mine worker is at work.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 13

Regulation 13(1)(b): replaced, on 18 July 2022, by regulation 8 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

14 Manager of quarrying operation

(1)

The quarry operator of a quarrying operation must appoint a person to—

(a)

manage the quarrying operation; and

(b)

ensure that there is adequate supervision of—

(i)

all quarry workers and any other persons at the quarrying operation, to protect them from risks to their health and safety while they are at the operation; and

(ii)

the health and safety aspects of the quarrying operation on every day on which a quarry worker is at work.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 14

Regulation 14(1)(b): replaced, on 18 July 2022, by regulation 9 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

15 Manager of alluvial mining operation

(1)

The alluvial mine operator of an alluvial mining operation must appoint a person to—

(a)

manage the alluvial mining operation; and

(b)

ensure that there is adequate supervision of—

(i)

all alluvial mine workers and any other persons at the alluvial mining operation, to protect them from risks to their health and safety while they are at the operation; and

(ii)

the health and safety aspects of the alluvial mining operation on every day on which an alluvial mine worker is at work.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 15

Regulation 15(1)(b): replaced, on 18 July 2022, by regulation 10 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

16 Manager must hold certificate

(1)

Subject to subclause (1A), the mine operator or, as the case may be, the quarry operator or alluvial mine operator, and the manager must ensure that the manager holds a current certificate of competence specified in regulations 17 to 22 for the kind of mining operation or quarrying operation or alluvial mining operation to which the manager is appointed.

(1A)

The mine operator of a tourist mining operation must ensure that the manager of the operation is a competent person.

(2)

Subclause (1) does not apply to—

(a)

any operation in which any activity is carried out pursuant to a prospecting licence or an exploration licence granted under the Mining Act 1971 or a prospecting permit or an exploration permit granted under the Crown Minerals Act 1991, being in each case a licence or permit in force; or

(b)

any operation in which any exploratory activity is carried out by machinery for the purpose of ascertaining whether a mine or quarry may be worked.

(3)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 16

Regulation 16(1): amended, on 18 July 2022, by regulation 11(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 16(1A): inserted, on 18 July 2022, by regulation 11(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 16(2)(a): amended, on 18 July 2022, by regulation 11(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

16A Exclusion of manager of tourist mining operation

Regulations 17, 18, and 19 do not apply to the manager of a tourist mining operation.

Regulation 16A: inserted, on 18 July 2022, by regulation 12 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

17 Certificate of competence of manager of metalliferous mining operation

(1)

Subject to subclauses (2) to (5), a manager appointed to a metalliferous mining operation must hold a certificate of competence as a first-class mine manager.

(2)

A manager appointed to an underground metalliferous mining operation in which more than 3 but not more than 10 mine workers ordinarily work underground at any one time may hold a certificate of competence as an A-grade tunnel manager.

(3)

A manager appointed to an underground metalliferous mining operation in which not more than 3 mine workers ordinarily work underground at any one time may hold—

(a)

a certificate of competence as an A-grade tunnel manager; or

(b)

a certificate of competence as a B-grade tunnel manager.

(4)

A manager appointed to an opencast metalliferous mining operation in which more than 4 mine workers ordinarily work at any one time may hold a certificate of competence as an A-grade quarry manager.

(5)

A manager appointed to an opencast metalliferous mining operation in which not more than 4 mine workers ordinarily work at any one time may hold—

(a)

a certificate of competence as an A-grade quarry manager; or

(b)

a certificate of competence as a B-grade quarry manager.

Compare: SR 2013/483 r 17

18 Certificate of competence of manager of underground coal mining operation

(1)

Subject to subclause (2), a manager appointed to an underground coal mining operation must hold a certificate of competence as a first-class coal mine manager.

(2)

A manager appointed to an underground coal mining operation in which not more than 5 mine workers ordinarily work underground at any one time may hold a certificate of competence as a coal mine underviewer.

Compare: SR 2013/483 r 18

19 Certificate of competence of manager of opencast coal mining operation

A manager appointed to an opencast coal mining operation must hold a certificate of competence as an A-grade opencast coal mine manager.

Compare: SR 2013/483 r 19

20 Certificate of competence of manager of tunnelling operation

(1)

Subject to subclause (2), a manager appointed to a tunnelling operation must hold a certificate of competence as an A-grade tunnel manager.

(2)

A manager appointed to a tunnelling operation in which not more than 2 mine workers ordinarily work underground at any one time may hold a certificate of competence as a B-grade tunnel manager.

Compare: SR 2013/483 r 20

21 Certificate of competence of manager of quarrying operation

(1)

Subject to subclauses (2) and (3), a manager appointed to a quarrying operation must hold a certificate of competence as an A-grade quarry manager.

(2)

A manager appointed to a quarrying operation in which explosives are used and not more than 4 quarry workers ordinarily work at any one time may hold a certificate of competence as a B-grade quarry manager.

(3)

A manager appointed to a quarrying operation in which no explosives are used may hold—

(a)

a certificate of competence as a B-grade quarry manager; or

(b)

a certificate of competence as a manager to manage that quarry, being the quarry specified in the certificate.

Compare: SR 2013/483 r 21

22 Certificate of competence of manager of alluvial mining operation

(1)

Subject to subclauses (2) and (3), a manager appointed to an alluvial mining operation must hold a certificate of competence as a first-class mine manager.

(2)

A manager appointed to an alluvial mining operation in which more than 4 alluvial mine workers ordinarily work at any one time may hold a certificate of competence as an A-grade quarry manager.

(3)

A manager appointed to an alluvial mining operation in which not more than 4 alluvial mine workers ordinarily work at any one time may hold—

(a)

a certificate of competence as an A-grade quarry manager; or

(b)

a certificate of competence as a B-grade quarry manager.

Compare: SR 2013/483 r 22

23 Acting manager

(1)

If, for any reason, the manager is unable to act as manager for any period, the mine operator or, as the case may be, the quarry operator or alluvial mine operator must designate a person to act as manager for that period or for 10 weeks, whichever is shorter.

(2)

The mine operator, quarry operator, or alluvial mine operator must ensure that the acting manager is adequately qualified and experienced to act in the place of the manager.

(3)

Subject to subclause (2), it is not necessary that the acting manager hold any certificate of competence.

(4)

No act done by an acting manager purporting in good faith to act as the manager may in any proceedings be questioned on the ground that the occasion for that manager to act had not arisen or had ceased.

(5)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 23

24 Notification of appointment of manager or acting manager

(1)

The mine operator or, as the case may be, the quarry operator or the alluvial mine operator must ensure that—

(a)

written notice of an appointment as manager or a designation as acting manager is given to the person appointed or designated, as the case may require, and to WorkSafe; and

(b)

all mine workers or, as the case may be, quarry workers or alluvial mine workers are informed of the name of the manager or acting manager.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $6,000:

(b)

for any other person, to a fine not exceeding $30,000.

Compare: SR 2013/483 r 24

25 Relevant operator must ensure workers comply with instructions of manager or acting manager

(1)

The relevant operator must ensure that, in order to ensure compliance with the Act and these regulations, all workers comply with all reasonable instructions given by—

(a)

the manager; and

(b)

any acting manager.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 25

Regulation 25 heading: amended, on 18 July 2022, by regulation 13(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 25(1): replaced, on 18 July 2022, by regulation 13(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Subpart 3—Other safety-critical roles

26 Electrical superintendent

(1)

The responsible person for an underground mining operation or a tunnelling operation must appoint an electrical superintendent for the operation if an electrical engineering control plan is in place, or required to be put in place, at the operation.

(2)

The responsible person and the person appointed as an electrical superintendent must ensure that the person holds a current certificate of competence as an electrical superintendent.

(2A)

This regulation does not apply to a responsible person for a tourist mining operation.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 26

Regulation 26(1): replaced, on 18 July 2022, by regulation 14(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 26(2): amended, on 18 July 2022, by regulation 14(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 26(2A): inserted, on 18 July 2022, by regulation 14(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

27 Mechanical superintendent

(1)

The responsible person for an underground mining operation or a tunnelling operation must appoint a mechanical superintendent for the operation if a mechanical engineering control plan is in place, or required to be put in place, at the operation.

(2)

The responsible person and the person appointed as a mechanical superintendent must ensure that the person holds a current certificate of competence as a mechanical superintendent.

(2A)

This regulation does not apply to a responsible person for a tourist mining operation.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 27

Regulation 27(1): replaced, on 18 July 2022, by regulation 15(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 27(2): amended, on 18 July 2022, by regulation 15(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 27(2A): inserted, on 18 July 2022, by regulation 15(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

28 Mine surveyor

(1)

The responsible person for an underground mining operation or tunnelling operation must appoint a mine surveyor for the operation.

(2)

The responsible person and the person appointed as a mine surveyor at an underground mining operation must ensure that the person holds a current certificate of competence as a mine surveyor.

(3)

The responsible person and the person appointed as a mine surveyor at a tunnelling operation must ensure that the person holds a current certificate of competence as a mine surveyor or is a licensed cadastral surveyor.

(4)

In considering any appointment of a mine surveyor, the responsible person must consider—

(a)

the education, knowledge, and experience of the person, having regard to the type and size of the mining operation and the nature and complexity of the technology used at the mining operation; and

(b)

the fitness and capacity of the person to exercise the skills required as a mine surveyor; and

(c)

whether the person will be required to work underground.

(4A)

Subclauses (1) to (4) apply to a responsible person for a tourist mining operation only when a plan of the mine is required to be made, reviewed, or updated in accordance with regulation 213, 214, or 216.

(5)

Unless expressly authorised by WorkSafe, no underground mining operation or tunnelling operation may operate for longer than 28 days without a person holding the position of mine surveyor.

(6)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 28

Regulation 28(1): amended, on 18 July 2022, by regulation 16(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 28(2): amended, on 18 July 2022, by regulation 16(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 28(3): amended, on 18 July 2022, by regulation 16(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 28(4): amended, on 18 July 2022, by regulation 16(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 28(4)(c): inserted, on 18 July 2022, by regulation 16(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 28(4A): inserted, on 18 July 2022, by regulation 16(4) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

29 Ventilation officer

(1)

The responsible person for an underground mining operation or a tunnelling operation must appoint a ventilation officer for the operation if a ventilation control plan is in place, or required to be put in place, at the operation.

(2)

The responsible person and the person appointed as a ventilation officer must ensure that the person holds a current certificate of competence as a ventilation officer.

(3)

This regulation does not apply to a responsible person for a tourist mining operation.

(4)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Regulation 29: replaced, on 18 July 2022, by regulation 17 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

30 Underviewer

(1)

The responsible person for an underground coal mining operation must—

(a)

appoint at least 1 underviewer for the operation; and

(b)

ensure that an underviewer is present for each shift at the operation that involves production, significant maintenance, or development work.

(2)

Subject to subclause (3), the responsible person and a person appointed as an underviewer must ensure that the person holds a current certificate of competence as a first-class coal mine manager or an underviewer.

(2A)

Subclauses (1) and (2) do not apply to a responsible person appointed for a tourist mining operation.

(3)

WorkSafe may, at any time, give written notice to the responsible person that a person appointed as underviewer must hold a current certificate of competence as a first-class coal mine manager.

(4)

[Revoked]

(5)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 30

Regulation 30(1): replaced, on 18 July 2022, by regulation 18(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 30(2): amended, on 18 July 2022, by regulation 18(2)(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 30(2): amended, on 18 July 2022, by regulation 18(2)(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 30(2A): inserted, on 18 July 2022, by regulation 18(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 30(3): amended, on 18 July 2022, by regulation 18(2)(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 30(3): amended, on 18 July 2022, by regulation 18(2)(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 30(4): revoked, on 18 July 2022, by regulation 18(4) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

31 Supervisor

(1)

The responsible person for a mining operation (other than a tourist mining operation, an underground coal mining operation, or a coal exploration operation) must—

(a)

appoint at least 1 supervisor for the operation; and

(b)

ensure that a supervisor is present for each shift at the operation that involves production, significant maintenance, or development work.

(2)

The responsible person and a person appointed as a supervisor of an underground metalliferous mining operation must ensure that the person holds a certificate of competence as a B-grade tunnel manager, an A-grade tunnel manager, or a first-class mine manager.

(3)

The responsible person and a person appointed as a supervisor of a tunnelling operation must ensure that the person holds a current certificate of competence as a B-grade tunnel manager or an A-grade tunnel manager.

(4)

The responsible person and a person appointed as a supervisor of an opencast coal mining operation must ensure that the person holds a current certificate of competence as a B-grade opencast coal mine manager or an A-grade opencast coal mine manager.

(5)

The responsible person and a person appointed as a supervisor of an opencast metalliferous mining operation must ensure that the person holds a current certificate of competence as a B-grade quarry manager, an A-grade quarry manager, or a first-class mine manager.

(6)

Despite subclauses (2) to (5), WorkSafe may, at any time, give written notice to the responsible person that a person appointed as supervisor must hold a certificate of competence of one of the kinds described in regulation 35(b) or (d) to (j).

(7)

[Revoked]

(8)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 31

Regulation 31(1): replaced, on 18 July 2022, by regulation 19(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 31(2): amended, on 18 July 2022, by regulation 19(2)(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 31(2): amended, on 18 July 2022, by regulation 19(2)(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 31(3): amended, on 18 July 2022, by regulation 19(2)(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 31(3): amended, on 18 July 2022, by regulation 19(2)(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 31(4): amended, on 18 July 2022, by regulation 19(2)(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 31(4): amended, on 18 July 2022, by regulation 19(2)(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 31(5): amended, on 18 July 2022, by regulation 19(2)(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 31(5): amended, on 18 July 2022, by regulation 19(2)(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 31(6): amended, on 18 July 2022, by regulation 19(2)(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 31(6): amended, on 18 July 2022, by regulation 19(2)(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 31(7): revoked, on 18 July 2022, by regulation 19(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

31A Gas monitor for coal exploration operation

(1)

The mine operator of a coal exploration operation may appoint a gas monitor for the operation.

(2)

The mine operator and the person appointed as a gas monitor must ensure that the person holds at least 1 of the following certificates of competence:

(a)

first-class coal mine manager:

(b)

coal mine underviewer:

(c)

coal mine deputy.

(3)

The mine operator must ensure that, whenever drilling is being carried out at the operation, the gas monitor is present monitoring for the presence of methane.

(4)

If the mine operator does not appoint a gas monitor, the mine operator must ensure that a competent person performs the monitoring function under subclause (3).

(5)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Regulation 31A: inserted, on 18 July 2022, by regulation 20 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

32 Other workers required to hold certificates

(1)

The responsible person for a mining operation must ensure, as far as is reasonably practicable, that a worker required to carry out the duties normally associated with a coal mine deputy or a winding engine driver holds a current certificate of competence issued in accordance with these regulations.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 32

Regulation 32(1): amended, on 18 July 2022, by regulation 21 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

33 Appointment of person to more than 1 role

(1)

The responsible person may appoint—

(a)

a person to more than 1 of the roles specified in regulations 13 to 32:

(b)

the responsible person himself or herself to 1 or more of the roles specified in regulations 13 to 32, in addition to his or her role as responsible person.

(2)

The responsible person must be satisfied that—

(a)

the person or, as the case may be, the responsible person himself or herself, holds the required certificates of competence for each role to be performed; and

(b)

the person or, as the case may be, the responsible person himself or herself, will be able to carry out each role effectively.

(3)

At any time, WorkSafe may give written notice to the responsible person that it considers that a person (including the responsible person) appointed to more than 1 role is not able to carry out each role effectively because the person does not meet either or both of the criteria in subclause (2).

(4)

WorkSafe may require information from the responsible person relating to the appointment in order to assist it to form an opinion for the purpose of subclause (3).

(5)

The responsible person must terminate or modify any appointment in accordance with any notice given under subclause (3).

(6)

A person who contravenes subclause (5) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 33

Regulation 33(1): amended, on 18 July 2022, by regulation 22 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 33(1)(b): amended, on 18 July 2022, by regulation 22 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 33(2): amended, on 18 July 2022, by regulation 22 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 33(2)(a): amended, on 18 July 2022, by regulation 22 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 33(2)(b): amended, on 18 July 2022, by regulation 22 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 33(3): amended, on 18 July 2022, by regulation 22 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 33(4): amended, on 18 July 2022, by regulation 22 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 33(5): amended, on 18 July 2022, by regulation 22 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Subpart 4—Certificates of competence and other competence requirements

34 WorkSafe may prescribe requirements

WorkSafe may, after consultation with the Board, by notice in the Gazette prescribe—

(a)

the requirements to be met for the granting or continuation of certificates of competence for mine workers, mine managers, quarry managers, alluvial mine managers, and site senior executives, including—

(i)

the qualifications and experience required for the granting of a certificate of competence under regulation 41 or the competencies required for the continuation of a certificate of competence under clause 7 of Schedule 1; and

(ii)

the continuing education required to be completed for the granting of a renewal of a certificate of competence under regulation 44 or the continuation of a certificate of competence under clause 7 of Schedule 1; and

(b)

competency requirements to be met, including unit standards to be achieved, by mine workers who do not require a certificate of competence; and

(c)

competency requirements to be met, including unit standards to be achieved, by a site senior executive in addition to holding a certificate of competence; and

(d)

competency requirements (including required qualifications and experience) to be met by health and safety representatives or industry health and safety representatives in the mining sector.

Compare: SR 2013/483 r 34

35 Certificates of competence

The following kinds of certificate of competence may be issued under regulation 41:

(a)

a certificate of competence as a site senior executive in relation to the type of mining operation specified in the certificate:

(b)

first-class mine manager:

(c)

first-class coal mine manager:

(d)

A-grade opencast coal mine manager:

(e)

B-grade opencast coal mine manager:

(f)

A-grade quarry manager:

(g)

B-grade quarry manager:

(h)

a certificate of competence as a manager to manage the quarrying operation specified in the certificate:

(i)

A-grade tunnel manager:

(j)

B-grade tunnel manager:

(k)

coal mine underviewer:

(l)

supervisor:

(m)

coal mine deputy:

(n)

electrical superintendent:

(o)

mechanical superintendent:

(p)

mine surveyor:

(q)

ventilation officer:

(r)

winding engine driver.

Compare: SR 2013/483 r 35

36 Application for certificate of competence

An application for a certificate of competence must be made to the Board and be accompanied by the fee (if any) prescribed in Schedule 2.

Compare: SR 2013/483 r 36

37 Application to contain evidence

An application for a certificate of competence must contain evidence of the matters referred to in regulation 38.

Compare: SR 2013/483 r 37

38 Eligibility to hold certificate of competence

An applicant for, or a holder of, a certificate of competence must—

(a)

meet the requirements prescribed under regulation 34 for a holder of that certificate of competence; and

(b)

be a fit and proper person to hold that certificate of competence.

Compare: SR 2013/483 r 38

Regulation 38 heading: replaced, on 18 July 2022, by regulation 23(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 38: amended, on 15 May 2017, by regulation 4(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2017 (LI 2017/62).

Regulation 38(a): amended, on 18 July 2022, by regulation 23(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

39 Investigations by Board

(1)

For the purpose of investigating whether an applicant for, or a holder of, a certificate of competence is a person to whom regulation 38 applies, the Board may—

(a)

request the applicant or the holder to supply information on relevant matters; and

(b)

request any person who the Board believes is able to provide relevant information to provide information on relevant matters.

(2)

A request under subclause (1)—

(a)

must specify those matters on which the Board seeks information; and

(b)

may be made from time to time.

(3)

A person has the same privileges in relation to the giving of information to the Board as witnesses have in any court.

Compare: SR 2013/483 r 39

Regulation 39(1): amended, on 15 May 2017, by regulation 5(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2017 (LI 2017/62).

Regulation 39(1)(a): amended, on 15 May 2017, by regulation 5(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2017 (LI 2017/62).

40 Use of information

(1)

For the purpose of determining whether an applicant or a holder is a person to whom regulation 38 applies, the Board may take into account any information received in response to the exercise of the powers in regulation 39.

(2)

The Board may refuse an application, or cancel a certificate of competence (under regulation 45), if it is unable to obtain sufficient information to satisfy itself that the applicant or the holder, as the case may be, is a person to whom regulation 38 applies.

Compare: SR 2013/483 r 40

Regulation 40(1): amended, on 15 May 2017, by regulation 6(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2017 (LI 2017/62).

Regulation 40(2): replaced, on 15 May 2017, by regulation 6(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2017 (LI 2017/62).

41 Board to issue certificate of competence

(1)

The Board must issue the certificate of competence sought in the application if it is satisfied—

(a)

that the application was made in accordance with regulations 36 and 37; and

(b)

that the applicant is a person to whom regulation 38 applies.

(2)

If the Board refuses to issue a certificate of competence, it must supply to the applicant a statement of the reasons for the refusal.

Compare: SR 2013/483 r 41

42 Duration of certificate of competence

(1)

A certificate of competence expires, unless cancelled earlier,—

(a)

5 years after the date on which it was issued; or

(b)

on an earlier expiry date approved by the Board if the applicant has requested that the certificate expire on that date.

(1A)

If the Board refuses an applicant’s request for a certificate to expire on an earlier date, it must advise the applicant of the Board’s reasons for refusing the request.

(1B)

If the Board approves an earlier expiry date, the holder of the certificate of competence must still comply with regulation 43.

(2)

The certificate of competence must show on its face the date on which it expires.

Compare: SR 2013/483 r 42

Regulation 42(1): replaced, on 18 July 2022, by regulation 24 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 42(1A): inserted, on 18 July 2022, by regulation 24 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 42(1B): inserted, on 18 July 2022, by regulation 24 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

43 Continuing professional development condition of certificate

The holder of a certificate of competence must comply with the continuing education requirements prescribed under regulation 34(a)(ii) for a holder of that certificate of competence.

Compare: SR 2013/483 r 43

44 Renewal of certificate of competence

(1)

An application for the renewal of a certificate of competence must—

(a)

be made to the Board not less than 2 months before the day on which the certificate expires; and

(b)

be accompanied by—

(i)

evidence of the applicant’s compliance with the requirements of regulation 43; and

(ii)

the fee (if any) prescribed in Schedule 2.

(2)

If an application is made in accordance with this regulation, the Board must renew the certificate of competence to which the application relates if it is satisfied that the applicant has complied with the requirements of regulation 43.

(3)

Subclause (2) is subject to regulation 45.

(4)

A certificate of competence may be renewed before or after the day on which the certificate expires, but in each case, the renewed certificate—

(a)

comes into force on the day after the date on which the previous certificate expires; and

(b)

expires, unless cancelled earlier,—

(i)

5 years after the date on which it was issued; or

(ii)

on an earlier expiry date approved by the Board if the applicant has requested that the renewed certificate expire on that date.

(4A)

If the Board refuses an applicant’s request for a renewed certificate to expire on an earlier date, it must advise the applicant of the Board’s reasons for refusing the request.

(5)

Regulation 38 applies to a certificate of competence renewed under this regulation.

Compare: SR 2013/483 r 44

Regulation 44(2): amended, on 15 May 2017, by regulation 7(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2017 (LI 2017/62).

Regulation 44(3): amended, on 15 May 2017, by regulation 7(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2017 (LI 2017/62).

Regulation 44(4): replaced, on 18 July 2022, by regulation 25 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 44(4A): inserted, on 18 July 2022, by regulation 25 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

45 Cancellation or suspension of certificate of competence

(1)

The Board must cancel a certificate of competence if it is satisfied on reasonable grounds that the holder has died.

(1A)

The Board may cancel a certificate of competence under this regulation if the Board, in the circumstances described in regulation 40(2), decides to cancel the certificate.

(2)

The Board must cancel a certificate of competence if, after giving the holder at least 14 days’ written notice and an opportunity to be heard (including in person), it is satisfied on reasonable grounds—

(a)

that the certificate was issued in error; or

(b)

that the holder’s application for the certificate contained any false information or evidence; or

(c)

that the holder either never has been or is no longer a person to whom regulation 38 applies.

(3)

The Board must cancel or suspend a certificate of competence for such period that it thinks fit if, after giving the holder at least 14 days’ written notice and an opportunity to be heard (including in person), it is satisfied on reasonable grounds—

(a)

that the holder has been so negligent in carrying out any task that the holder of the certificate could reasonably be expected to perform to a reasonable standard that the life of any person has been or could have been endangered; or

(b)

that the holder has shown himself or herself unfit to be the holder of the certificate by the improper manner in which he or she has carried out any task that the holder of the certificate could reasonably be expected to perform in a proper manner.

(4)

The Board may suspend or cancel a certificate of competence if it is satisfied that the holder of the certificate has not complied with the requirements of regulation 43 or clause 7(5) of Schedule 1 (as applicable).

(5)

A person whose certificate of competence is suspended or cancelled must return the certificate to the Board within 14 days after the date of the suspension or cancellation.

(6)

A person who contravenes subclause (5) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $2,000:

(b)

for any other person, to a fine not exceeding $10,000.

Compare: SR 2013/483 r 45

Regulation 45(1A): inserted, on 15 May 2017, by regulation 8 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2017 (LI 2017/62).

46 Replacement of certificate of competence

(1)

An application for a duplicate of a certificate of competence must be made to the Board and be accompanied by the fee (if any) prescribed in Schedule 2.

(2)

If the Board is satisfied that a certificate of competence has been lost or destroyed, it must issue a duplicate of that certificate.

Compare: SR 2013/483 r 46

47 Register

(1)

The Board must keep a register of each individual to whom it has issued a certificate of competence.

(2)

The register must show—

(a)

the full name of the holder:

(b)

the kind of certificate the holder holds:

(c)

the date on which the certificate expires:

(d)

in relation to a certificate that has been suspended, the date on which the suspension took effect and the date on which the suspension ends:

(e)

in relation to a certificate that has been cancelled, the date of cancellation.

Compare: SR 2013/483 r 47

48 Access to register

(1)

Any person may apply to the Board for a copy of the register or an extract from it for the purpose of ascertaining whether an identified person—

(a)

holds a current certificate of competence; or

(b)

holds a certificate of competence that is suspended; or

(c)

held a certificate of competence that has subsequently expired or been cancelled.

(2)

If the Board is satisfied that the person has a proper interest in the information and the information is required for a purpose specified in any of paragraphs (a) to (c) of subclause (1), the Board may, on payment of the prescribed fee, if any, provide the person with a copy of or an extract from the register.

Compare: SR 2013/483 r 48

49 Appeal to District Court

(1)

An appeal may be made to a District Court by—

(a)

an applicant who is dissatisfied with a refusal to issue a certificate of competence under regulation 41:

(aa)

an applicant for a certificate of competence who is dissatisfied with a refusal to approve an earlier expiry date for a certificate under regulation 42:

(ab)

a holder of a certificate of competence who is dissatisfied with a refusal to approve an earlier expiry date for a renewed certificate under regulation 44:

(b)

a holder of a certificate of competence who is dissatisfied with a refusal to renew the certificate of competence under regulation 44:

(c)

a holder of a certificate of competence who is dissatisfied with the cancellation or suspension of the certificate of competence under regulation 45:

(d)

a holder of a certificate of competence who is dissatisfied with a refusal to issue a duplicate of that certificate under regulation 46.

(2)

Part 18 of the District Courts Rules 2014 applies to an appeal brought under subclause (1).

(3)

The decision of the District Court on any appeal brought under subclause (1) is final.

Compare: SR 2013/483 r 49

Regulation 49(1)(aa): inserted, on 18 July 2022, by regulation 26 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 49(1)(ab): inserted, on 18 July 2022, by regulation 26 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Competency requirements for mine workers

50 Supervision of untrained mine workers

(1)

This regulation applies to any mine worker who does not require a certificate of competence of a kind specified in regulation 35.

(2)

A mine worker (A) who has not achieved the unit standards prescribed by WorkSafe under regulation 34 or received equivalent training provided at the mining operation by the mine operator must be accompanied at all times by a mine worker (B) who—

(a)

has achieved the unit standards or received equivalent training at the mining operation or holds a certificate of competence of a kind specified in regulation 35 relevant to the work being done; and

(b)

has at least 12 months’ experience working at the same kind of mining operation at which B is to accompany A.

(3)

For the purposes of this regulation, equivalent training means training that has been assessed by an assessor assessing under a consent to assess against standards granted under section 449 of the Education and Training Act 2020 as being such that satisfactory completion of the training would otherwise have entitled the mine worker to achieve the prescribed unit standards.

Compare: SR 2013/483 r 50

Regulation 50(3): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Regulation 50(3): amended, on 1 April 2020, by section 78(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Competencies of inspectors who inspect mining operations

51 Competencies of inspectors who inspect mining operations

A person appointed as an inspector under section 163 of the Act and who is to inspect mining operations must, unless the person already has experience relevant to health and safety in mining operations, have passed an examination or examinations in areas of knowledge that WorkSafe is satisfied are specifically relevant to health and safety in mining operations.

Compare: SR 2013/483 r 51(2)

Part 3 Health and safety management system

Subpart 1—Responsibility for health and safety management system

52 Health and safety management system must be developed, etc

(1)

The responsible person for a mining operation must develop, document, implement, and maintain a health and safety management system for the operation that complies with these regulations.

(2)

In addition,—

(a)

if the operation is a tourist mining operation, a mining operation that is suspended, or a coal exploration operation, the responsible person must ensure that a competent person assists the responsible person to comply with subclause (1); or

(b)

for any other mining operation, the mine operator must ensure that the site senior executive complies with subclause (1).

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Regulation 52: replaced, on 18 July 2022, by regulation 27 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

53 When health and safety management system must be in place

For the purposes of regulation 52, a health and safety management system must be in place,—

(a)

for a coal mining operation, from when exploration activities commence until the operation is abandoned; and

(b)

for a metalliferous mining operation, from the commencement of the physical development of the mining operation and construction of mining infrastructure, including earthworks, until the operation is abandoned; and

(c)

for a tunnelling operation, from the commencement of the physical development of the tunnel until all tunnelling activities cease.

Regulation 53: replaced, on 18 July 2022, by regulation 28 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Subpart 2—Hazard identification and risk assessment

Subpart 2 heading: amended, on 18 July 2022, by regulation 29 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

54 Systematic identification of hazards

(1)

The responsible person for a mining operation must ensure that—

(a)

a process is in place to systematically identify the hazards to mine workers at the mining operation; and

(b)

the process is used when developing, implementing, and maintaining the health and safety management system, including, without limitation, each time the health and safety management system or any aspect of it is reviewed.

(2)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 54

Regulation 54 heading: replaced, on 18 July 2022, by regulation 30(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 54(1): amended, on 18 July 2022, by regulation 30(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

55 Risk assessment

(1)

The responsible person for a mining operation must ensure that—

(a)

a process is in place to assess the inherent risk of injury or illness to mine workers from identified hazards at the mining operation and to identify the controls required to manage that risk; and

(b)

(2)

Nothing in this regulation limits any specific provision in Part 4 or 5 relating to the assessment of risks.

(3)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 55

Regulation 55(1): amended, on 18 July 2022, by regulation 31 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Subpart 3—Content of health and safety management system

56 Content of health and safety management system

(1)

The health and safety management system of each mine operator must contain at least the following:

(a)

the mine operator’s health and safety policy, including broad aims in relation to the healthy and safe operation of the mining operation:

(b)

a description of the processes used to identify the hazards present at the mining operation, to assess the inherent risk of injury or illness to mine workers from those hazards, and to identify the controls required to manage that risk as required by regulations 54 and 55:

(c)

the means of reporting and recording relevant health and safety information, including the setting of key performance indicators and the investigation of notifiable events:

(d)

a description of the systems, procedures, and other risk control measures in place to manage hazards and to respond to increased levels of risk in relation to any hazard:

(e)

a description of the measures that will be used to identify material changes at the mining operation that may create hazards:

(f)

a description of the management structure for the management of health and safety at the mining operation, including competency requirements and arrangements for filling temporary and permanent vacancies, and competency requirements for acting positions in the structure:

(g)

monitoring and audit matters as required by regulation 57:

(ga)

a description of the worker participation practices required under section 61 of the Act:

(h)

a description of the arrangements in place to monitor the health and safety of mine workers at the mining operation:

(i)

the principal hazard management plans and principal control plans required for the mining operation by these regulations:

(j)

a description of the arrangements in place to monitor, assess, and inspect workplaces within the mining operation:

(k)

any other matter required by these regulations to be included in the health and safety management system.

(1A)

In addition to complying with subclause (1), the health and safety management system for a coal exploration operation must contain a process that, if methane is detected at the operation, must be followed by—

(a)

the gas monitor for the operation; or

(b)

the competent person referred to in regulation 31A(4).

(2)

The health and safety management system must be set out at a level of detail commensurate with the nature, size, and complexity of the mining operation and the hazards and any other relevant matters associated with the mining operation.

(3)

The health and safety management system must be prepared in a form and expressed in a way that it is easily understood by any mine worker.

Compare: SR 2013/483 r 56

Regulation 56(1)(ga): inserted, on 18 July 2022, by regulation 32(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 56(1A): inserted, on 18 July 2022, by regulation 32(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Subpart 4—Review, consultation, and records

57 Auditing and monitoring of health and safety management system

The health and safety management system must—

(a)

set out performance standards for measuring the effectiveness of all aspects of the health and safety management system that—

(i)

are in sufficient detail that the mine operator’s ability to ensure the effectiveness of the system is apparent from the documentation; and

(ii)

include steps to be taken to continually improve all aspects of the system; and

(b)

include a description of the way in which the performance standards are to be met; and

(c)

set out the process for auditing the effectiveness of the health and safety management system against those performance standards, including the methods, frequency, and results of the audit process.

Compare: SR 2013/483 r 57

58 Periodic review of health and safety management system

(1)

The responsible person for a mining operation must ensure that the health and safety management system is reviewed and, if necessary, revised—

(a)

not later than 12 months after the date on which the mining operation begins; and

(b)

at least every 3 years after the date of the first review.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 58

Regulation 58(1): amended, on 18 July 2022, by regulation 33 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

59 Additional reviews of health and safety management system

(1)

The responsible person for a mining operation must also ensure that the health and safety management system or, as the case may be, any relevant part of it is reviewed and, if necessary, revised—

(a)

before a material change is made to the mining operation:

(b)

if a notifiable event occurs in the mining operation:

(c)

if an audit of the health and safety management system, or any part of it, indicates a deficiency in the management of hazards in the mining operation:

(d)

if there is evidence that a hazard in the mining operation is not adequately controlled by the measures outlined in the system:

(e)

if a health and safety representative (in the case of an underground coal mine) or industry health and safety representative requests the review:

(f)

if the mining operation is suspended:

(g)

if the mining operation has been suspended, before the mining operation recommences.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 59

Regulation 59(1): amended, on 18 July 2022, by regulation 34(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 59(1)(a): amended, on 18 July 2022, by regulation 34(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 59(1)(e): amended, on 18 July 2022, by regulation 34(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 59(1)(f): amended, on 18 July 2022, by regulation 34(4) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

60 Worker engagement and participation

(1)

This regulation applies when the responsible person for a mining operation is—

(a)

developing the health and safety management system; or

(b)

reviewing the health and safety management system, or any part of it.

(2)

The responsible person must—

(a)

engage with mine workers and their representatives about the content of the health and safety management system; and

(b)

provide mine workers and their representatives with reasonable opportunities to participate in developing and reviewing the health and safety management system.

(3)

In subclause (2)(b), reasonable opportunities has the meaning given in section 61(3) of the Act.

(4)

A person who contravenes subclause (2) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Regulation 60: replaced, on 18 July 2022, by regulation 35 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

61 Maintenance of records of health and safety management system

(1)

The mine operator must ensure that the following records are kept:

(a)

the current version of the health and safety management system:

(b)

any previous versions of the health and safety management system that applied in the preceding 7-year period:

(c)

records of all reviews and audits of the health and safety management system, or any part of it, that have been conducted in the preceding 7-year period:

(d)

records of any risk appraisal carried out to identify principal hazards at the mining operation as required by regulation 66(1)(a).

(2)

The mine operator must ensure that the records referred to in subclause (1) are maintained in such a way that—

(a)

the current version of the health and safety management system can be clearly identified; and

(b)

every previous version of the health and safety management system required to be kept is kept as it was while it was current and shows the period during which it was current.

(3)

The mine operator must ensure that the records referred to in subclause (1) are made available, on request, to WorkSafe, a health and safety representative, or an industry health and safety representative.

(4)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $2,000:

(b)

for any other person, to a fine not exceeding $10,000.

Compare: SR 2013/483 r 61

Subpart 5—Providing health and safety management system documentation to mine workers

62 Providing health and safety management system documentation to mine workers

(1)

The mine operator for a mining operation must ensure that, before a mine worker commences work at the mining operation,—

(a)

the mine worker is given a written summary of the health and safety management system for the mining operation; and

(b)

the mine worker is informed of the right to access the current version of the health and safety management system.

(2)

The mine operator must ensure that the current version of the health and safety management system is readily accessible by a mine worker at the mining operation.

(3)

The mine operator must ensure that a mine worker is given access to—

(a)

the current versions of the principal hazard management plans that are relevant to the work the mine worker is to carry out; and

(b)

the current versions of the principal control plans that are relevant to the work the mine worker is to carry out; and

(c)

the current versions of any other plans or documented processes for the management of hazards that are relevant to the work the mine worker is to carry out.

(4)

If the health and safety management system is revised under subpart 4, the mine operator must ensure that each mine worker at the mining operation is made aware of any revision that is relevant to work being carried out by that mine worker.

(5)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 62

63 Providing health and safety management system documentation to contractor

(1)

This regulation applies to a person who is engaged by the mine operator to provide services where the person’s employees or other workers engaged by the person to provide those services will be mine workers in relation to the mining operation.

(2)

The mine operator must ensure that the current version of the health and safety management system, and records of all audits and reviews of the health and safety management system, or any part of it, and other audits of the site itself that have been conducted, are made available on request to any person to whom this regulation applies.

(3)

A person who contravenes subclause (2) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 63

64 Duty to provide instruction

(1)

The mine operator for a mining operation must ensure that mine workers at the mining operation are provided with suitable instruction in relation to the health and safety management system before commencing work and that a record of this instruction is kept.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 64

Part 4 Principal hazard management plans

65 Meaning of principal hazard

In these regulations, principal hazard means,—

(a)

in relation to a mining operation, any hazard arising at the operation that could create a risk of multiple fatalities in a single accident, or that could create a risk of multiple people being exposed to potentially fatal health risks in relation to any of the following:

(i)

ground or strata instability:

(ii)

inundation and inrush of any substance:

(iii)

mine shafts and winding systems:

(iv)

roads and other vehicle operating areas:

(v)

tips, ponds, and voids:

(vi)

air quality:

(vii)

fire or explosion:

(viii)

explosives:

(ix)

gas outbursts:

(x)

spontaneous combustion in underground coal mining operations; and

(b)

in relation to a mining operation, any other hazard arising at the operation that has been identified by the responsible person under regulation 66 as a hazard that could create a risk of multiple fatalities in a single accident, or that could create a risk of multiple people being exposed to potentially fatal health risks.

Regulation 65: replaced, on 18 July 2022, by regulation 36 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

66 Responsible person to identify principal hazards and ensure principal hazard management plan in place

(1)

The responsible person for a mining operation must—

(a)

carry out an appraisal of the mining operation to identify principal hazards at the mining operation; and

(b)

ensure that there is a principal hazard management plan for each principal hazard identified.

(1A)

The requirement in subclause (1)(a) for the responsible person to identify principal hazards—

(a)

is ongoing; and

(b)

requires the responsible person to implement a process of continuously monitoring for principal hazards at the operation.

(2)

Without limiting subclause (1),—

(a)

the following mining operations must have a principal hazard management plan for fire or explosion:

(i)

an underground coal mining operation:

(ii)

an underground metalliferous mining operation or tunnelling operation if methane is detected at the mining operation:

(b)

any mining operation where explosives are used must have a principal hazard management plan for explosives:

(c)

a mining operation must have a principal hazard management plan for tips, ponds, and voids if a tip at the mining operation is—

(i)

located on a slope; and

(ii)

is greater than 15 metres in height; and

(iii)

is greater than 100 000 cubic metres in volume.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 66

Regulation 66 heading: replaced, on 18 July 2022, by regulation 37(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 66(1): amended, on 18 July 2022, by regulation 37(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 66(1A): inserted, on 18 July 2022, by regulation 37(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

67 General purposes of principal hazard management plans

The general purposes of the principal hazard management plans are to—

(a)

identify the nature of all principal hazards at any mining operation:

(b)

set out the measures that will be used to ensure that all principal hazards are effectively managed.

Compare: SR 2013/483 r 67

68 Content of principal hazard management plans

Each principal hazard management plan must include the following:

(a)

a statement as to the nature of a principal hazard addressed by the principal hazard management plan:

(b)

a description of how all risk assessments will be conducted in relation to the principal hazard:

(c)

the results of any risk assessment completed in respect of the principal hazard:

(d)

a description of the control measures to be implemented to manage the principal hazard and the risk of injury or illness it presents to the health and safety of mine workers:

(e)

a description of how any specific requirements or duties in the regulations that apply to the principal hazard will be complied with:

(f)

a description of the emergency preparedness for the principal hazard:

(g)

a description of the roles and their corresponding responsibilities under the principal hazard management plan, including the competencies required to carry out the roles and the details of the responsibilities:

(h)

a statement of the periodic review (in accordance with regulation 69) of the principal hazard management plan’s continued suitability and effectiveness in managing the principal hazard and the risks related to the hazard at the mining operation:

(i)

a description of the audit programme in accordance with regulation 70:

(j)

any other matter required by these regulations in relation to particular principal hazards.

Compare: SR 2013/483 r 68

69 Review and revision of principal hazard management plans

(1)

In addition to complying with regulation 58, the responsible person for a mining operation must ensure that each principal hazard management plan is reviewed at least once every 2 years after the date on which the principal hazard management plan is made.

(2)

In addition to complying with regulation 59, the responsible person for a mining operation must—

(a)

ensure that a principal hazard management plan is reviewed after—

(i)

the occurrence of an incident at the operation involving a principal hazard that it was intended to manage:

(ii)

a material change in the management structure at the operation that may affect the principal hazard management plan:

(iii)

a material change in plant used or installed at the operation that may affect the principal hazard management plan:

(iv)

a change to the development or extraction method used at the operation:

(v)

the occurrence of any other event provided in a principal hazard management plan as requiring a review of the plan; and

(b)

ensure that the impact on a principal hazard management plan is considered before—

(i)

making a material change in plant used or installed at the operation that may affect the principal hazard management plan:

(ii)

changing the development or extraction method used at the operation.

(3)

Any review of a principal hazard management plan under subclause (1) must include—

(a)

a review of the risk assessment in relation to the relevant principal hazard; and

(b)

a review of all other aspects of the principal hazard management plan.

(4)

In addition to complying with regulation 61, the mine operator must ensure that records of all reviews and revisions of principal hazard management plans are kept for at least 12 months from the date on which the mining operation is abandoned.

(5)

The mine operator must, on request, provide records relating to a review of a principal hazard management plan to an inspector or a health and safety representative.

(6)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 69

Regulation 69(1): amended, on 18 July 2022, by regulation 38(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 69(2): replaced, on 18 July 2022, by regulation 38(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 69(4): amended, on 18 July 2022, by regulation 38(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

70 Audits of principal hazard management plans

(1)

The mine operator must engage, and pay for, a competent person to carry out an independent external audit of all principal hazard management plans, and ensure that—

(a)

external audits are carried out once every 3 years after the date on which the principal hazard management plan is made; and

(b)

the external auditors are independent of the mining operation.

(2)

In addition to complying with regulation 61, the mine operator must ensure that records of all audits of principal hazard management plans are kept for at least 12 months from the date on which the mining operation is abandoned.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 70

Regulation 70(2): amended, on 18 July 2022, by regulation 39 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Ground or strata instability

71 Principal hazard management plans for ground or strata instability

(1)

If ground or strata instability is identified as a principal hazard at a mining operation, the responsible person for the operation must ensure that a competent person completes a geotechnical assessment to determine the level of ground or strata support required to safely conduct the operation.

(2)

A principal hazard management plan in relation to ground or strata instability must, at a minimum, address the following:

(a)

the circumstances in which ground or strata failure may occur at the mining operation; and

(b)

the ways in which potential ground or strata failure could be avoided through the design of suitable ground or strata support methods that must have regard to—

(i)

the characteristics of the area to be supported, including natural and geotechnical features:

(ii)

the surrounding workings, including abandoned or previously excavated workings:

(iii)

the activities to be carried out, including proposed activities:

(iv)

in relation to underground mining operations and tunnelling operations, the size and geometry of the openings in the underground workings; and

(c)

suitable ground or strata support methods that are able to be implemented by means of clear directions and diagrams; and

(d)

continuous modelling, testing, and updating, where required, of the ground or strata support methods; and

(e)

the appropriate equipment and procedures to monitor, record, interpret, and analyse data about seismic activity and its impact on the mining operation; and

(f)

the collection, analysis, and interpretation of relevant geotechnical data, including monitoring of openings and excavations, where appropriate; and

(g)

the maintenance of the integrity of ground or strata support, including, for example, by replacing defective supports; and

(h)

allowing for higher standards of support to be installed (for example, more support installed at more frequent intervals) than that required by the principal hazard management plan.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 71

Regulation 71(1): replaced, on 18 July 2022, by regulation 40 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Inundation and inrush

72 Meaning of inundation and inrush

(1)

In these regulations, inundation and inrush refers to the sudden and unplanned entry into workings of a mining operation of liquid, gas, or other materials or substances.

(2)

Subclause (1) applies unless a provision of these regulations provides otherwise.

Compare: SR 2013/483 r 72

73 Consideration of whether inundation and inrush is a principal hazard

(1)

In the course of an appraisal as required under regulation 66(1)(a) to identify inundation and inrush as a principal hazard at a mining operation, the responsible person for a mining operation must ensure that a suitably qualified and experienced person reviews relevant plans and complies with subclauses (2) to (4B).

(2)

The suitably qualified and experienced person must include consideration of the following in the review:

(a)

any mine plans of the mining operation, made and kept as required under these regulations:

(b)

any relevant historical mine or survey plans.

(3)

The review by the suitably qualified and experienced person must include—

(a)

identifying and locating old workings that may be in the vicinity of the proposed activities to be undertaken at the mining operation; and

(b)

ascertaining whether the old workings contain an accumulation of any matter that may flow into other workings or locations, including those in a solid, liquid, or gaseous state.

(4)

The suitably qualified and experienced person must, after completing the review, report the findings in writing.

(4A)

The suitably qualified and experienced person must have the written report peer-reviewed by a competent person who is independent of the mining operation if the mining operation is—

(a)

an underground mining operation; or

(b)

a tunnelling operation; or

(c)

an operation where no person works underground, but that is in the vicinity of—

(i)

old workings; or

(ii)

a body of water that could create a risk to workers at the mining operation if there were an inundation and inrush event that caused the water to enter into all or part of the mining operation.

(4B)

The suitably qualified and experienced person must give the responsible person,—

(a)

in the case of a mining operation described in subclause (4A), a copy of the peer-reviewed report; or

(b)

in the case of all other mining operations, a copy of the written report.

(5)

The responsible person must, on request, make the peer-reviewed report or the written report (as applicable) available to WorkSafe within a reasonable period of time.

(6)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 73

Regulation 73(1): amended, on 18 July 2022, by regulation 41(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 73(1): amended, on 18 July 2022, by regulation 41(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 73(4): replaced, on 18 July 2022, by regulation 41(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 73(4A): inserted, on 18 July 2022, by regulation 41(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 73(4B): inserted, on 18 July 2022, by regulation 41(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 73(5): replaced, on 18 July 2022, by regulation 41(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

74 Principal hazard management plans for inundation and inrush

(1)

The following matters must be considered in the development of a principal hazard management plan in relation to inundation and inrush:

(a)

the proposed activities to be undertaken:

(b)

the potential sources of inundation and inrush:

(c)

the nature and magnitude of the rate of flow of the potential sources of inundation and inrush:

(d)

the location of adjacent workings and the strength of the ground between workings:

(e)

the location, design, and construction of dams, ponds, tailings dams, emplacement areas, and any other bodies of water or material (including material entering a mining operation due to adverse weather conditions or other natural events):

(f)

the reasonably foreseeable injury that could result from each potential source of inundation and inrush, having regard to matters such as—

(i)

the accuracy of plans of the mining operation:

(ii)

the location of the potential sources of inundation and inrush:

(iii)

variation in rock properties:

(iv)

geological weaknesses:

(v)

future activities at the mining operation:

(vi)

geological changes and similar unknown matters:

(g)

the potential for an accumulation of liquid, gas, or other materials or substances that could flow into other workings or locations:

(h)

the monitoring system that will be needed to provide warnings of conditions that may—

(i)

lead to an occurrence of inundation and inrush; and

(ii)

warrant a reassessment of the nature of the inundation and inrush hazard.

(2)

A principal hazard management plan in relation to inundation and inrush must, at a minimum, include the following:

(a)

a written summary of the nature and magnitude of the identified risks of inundation and inrush:

(b)

the assumptions made in developing the principal hazard management plan:

(c)

a description of special systems that have been developed for working at the mining operation and in inrush control zones (including the assumptions underpinning the development of those systems):

(d)

identification of the inrush control zones that have been or will be established and maintained:

(e)

confirmation of the location of all old workings in the vicinity of an area in which work is to be carried out, before work is commenced in a new area of the mining operation:

(f)

means of sealing or otherwise controlling boreholes to prevent inundation and inrush.

Compare: SR 2013/483 r 74

75 Additional ground of review of principal hazard management plans relating to inundation and inrush

(1)

In addition to complying with regulation 59, the responsible person for a mining operation must ensure that a principal hazard management plan relating to inundation and inrush is reviewed and, if necessary, revised in the following circumstances:

(a)

before the workings of the mining operation are extended into any new area:

(b)

before any work is carried out in an inrush control zone.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 75

Regulation 75(1): amended, on 18 July 2022, by regulation 42 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

76 Obligations relating to work in inrush control zone

(1)

Before the commencement of any work in an inrush control zone, the responsible person for a mining operation must carry out a risk assessment.

(2)

The purpose of the risk assessment is to determine the risk of inundation and inrush from working in an inrush control zone.

(3)

As part of the notification under regulation 229, the responsible person for a mining operation must provide WorkSafe with—

(a)

the results of the risk assessment; and

(b)

the details of the intended control measures.

(4)

The principal hazard management plan must be updated with the following information after the risk assessment has been completed:

(a)

methods used to manage the risk of inundation and inrush:

(b)

any procedures developed to manage the risk of inundation and inrush when working in an inrush control zone, such as the use of exploratory boreholes:

(c)

relevant details of the plan of the mining operation.

(5)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 76

Regulation 76(1): amended, on 18 July 2022, by regulation 43 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 76(3): amended, on 18 July 2022, by regulation 43 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Mine shafts and winding systems

76A Application

(1)

Regulations 77, 78, and 79 apply only to any—

(a)

underground mining operation; or

(b)

tunnelling operation.

(2)

The obligations in regulations 77, 78, and 79 do not limit any other obligations in these regulations that apply to the operations specified in subclause (1).

Regulation 76A: inserted, on 18 July 2022, by regulation 44 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

77 Principal hazard management plans for mine shafts and winding systems

(1)

A principal hazard management plan for mine shafts and winding systems at a mining operation must be based on an assessment of the following matters:

(a)

the stability and integrity of the shaft:

(b)

the potential for fires developing in the underground parts of the mining operation, the shaft, or the vicinity of the winding engine:

(c)

the potential for any unintended or uncontrolled movement of the conveyances within the shaft:

(d)

the potential for a detached conveyance to fall down the shaft:

(e)

the potential for any person, plant, material, or support structure to fall into, or within, the shaft:

(f)

the potential for failure of, or damage to, safety-related plant and controls, including—

(i)

ropes bearing the weight of the shaft conveyance; and

(ii)

controls and limiting devices to prevent the shaft conveyance from exceeding safe limits (including winding speed, and the top and bottom ends of the shaft) and any other relevant limits:

(iii)

measures to—

(A)

detect and prevent slack rope, drum slip, or tail rope malfunctions; and

(B)

stop the winding engine in the event that a malfunction occurs; and

(iv)

the braking system (including emergency brakes) and measures preventing unrestrained or uncontrolled descent of a shaft conveyance; and

(v)

the warning systems for any emergency in the shaft conveyance; and

(vi)

the communication systems:

(g)

the potential for injury to any person in a shaft conveyance from any material—

(i)

being carried in the shaft conveyance; or

(ii)

falling from a shaft conveyance:

(h)

systems ensuring that all persons can escape from a stalled shaft conveyance:

(i)

any other relevant matter.

(2)

A principal hazard management plan for mine shafts and winding systems at a mining operation must, at a minimum, provide for the following:

(a)

the measures to be used to eliminate, isolate, or minimise—

(i)

the occurrence of fires in a shaft; and

(ii)

the unintended movement or falling of people, plant, substances, or any other material or object:

(b)

a description of the winding systems to be used, including the ropes or other means that will enable the conveyance to carry the weight that it will be expected to carry:

(c)

the control measures that will ensure that every winding system at the mining operation remains in a safe condition:

(d)

the measures to—

(i)

prevent and detect malfunction in the winding engine and associated plant; and

(ii)

stop the winding engine in the event of any slack rope, drum slip, or tail rope:

(e)

the means for any person to escape from a stalled shaft conveyance:

(f)

the means of communication between the winding engine room, shaft conveyances that carry people, and the entrance to every shaft in use:

(g)

the means of preventing uncontrolled contact between shaft conveyances, other equipment installed in the shaft, and the sides of the shaft:

(h)

requirements for regular testing and inspection of the winding system and its components:

(i)

the means of preventing hazards materialising from the design, construction, manufacture, installation, commissioning, maintenance, testing, repair, use, decommissioning, and disposal of mine shafts and winding systems:

(j)

the means by which the mining operation would manage any hazards that could arise in relation to mine shafts and winding systems.

Compare: SR 2013/483 r 77

Regulation 77(1): amended, on 18 July 2022, by regulation 45 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 77(2): amended, on 18 July 2022, by regulation 45 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

78 Additional requirements for principal hazard management plans in relation to automatic winding systems

In addition to complying with regulation 77, for a mining operation with an automatic winding system, a principal hazard management plan for mine shafts and winding systems must include the following:

(a)

the measures to monitor the winding engine from outside the winding engine room:

(b)

the warning systems to alert all persons at the mining operation of any emergency in a mine shaft:

(c)

the measures to prevent spillage into the shaft during loading of any plant or material onto or into a shaft conveyance.

Compare: SR 2013/483 r 78

Regulation 78: amended, on 18 July 2022, by regulation 46 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

79 Additional requirements for principal hazard management plans in relation to dual-purpose shafts

In addition to complying with regulation 77, for a mining operation with a dual-purpose shaft for conveying materials and persons, the principal hazard management plan must include the following:

(a)

the measures to ensure the adequate protection of any person being carried in a shaft conveyance from any material in the shaft or conveyance that may cause injury to that person:

(b)

the measures used to prevent any person from being carried in a shaft conveyance while any material is being carried in the shaft conveyance:

(c)

the measures to be used to prevent any material being carried in a shaft conveyance from protruding horizontally outside the conveyance:

(d)

the measures to ensure that any material being carried in a shaft conveyance is properly secured and will not become unsecured during transportation.

Compare: SR 2013/483 r 79

Regulation 79: amended, on 18 July 2022, by regulation 47 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Roads and other vehicle operating areas

80 Principal hazard management plans for roads and other vehicle operating areas

(1)

The principal hazard management plan for roads and other vehicle operating areas within the mining operation must, at a minimum, provide for the following:

(a)

the measures to be taken to ensure that the design, layout, operation, construction, and maintenance of each road and other vehicle operating area at the mining operation is safe for all authorised users:

(b)

the measures to be taken to manage the risks associated with land adjacent to the road or other vehicle operating area at the mining operation:

(c)

having regard to the volume and speed of traffic and other relevant matters, the measures to be taken to manage the risks associated with interactions between the following:

(i)

vehicles (of the same or different types):

(ii)

vehicles and persons (including in parking areas and around earth-moving machinery in operation):

(d)

the measures to be taken to manage the risks associated with interactions between mobile plant and other traffic:

(e)

the measures to be taken to manage the risks associated with interactions between mobile plant and fixed structures (including overhead and underground power lines, tunnel walls, and roofs):

(f)

the measures to be taken to manage the risks associated with the use of remote control vehicles at the mining operation:

(g)

the procedures to be followed for the operation and movement of load-shifting equipment:

(h)

the listing of prohibited zones, including consideration of whether to add new, or make changes to existing, prohibited zones:

(i)

the procedure for discharging loads from fixed or mobile plant:

(j)

in relation to dump trucks,—

(i)

the design, construction, and maintenance of safety berms, windrows, and bunds on roads used by trucks; and

(ii)

the risks of the trucks overturning, and measures to manage those risks; and

(iii)

the safe dumping areas and routes; and

(iv)

the recommended methods of safe working:

(k)

the availability of safe means of transport for mine workers’ access to and exit from their place of work within the mining operation:

(l)

the conditions for the safe operation of equipment or vehicles transporting people or equipment:

(m)

the minimum dimensions and conditions of the roads and other areas on which equipment or vehicles transporting people or equipment are to operate:

(n)

the maximum load that may be carried or towed by vehicles and equipment, whether by reference to weight, dimensions, or other criteria:

(o)

the rules relating to the safe carriage of persons, including the segregation of people from the load, the provision of seating, and the use of seat belts, other harnesses, or restraint devices:

(p)

the measures to be taken to provide for the safety of persons working or travelling on or near roads or other areas used by vehicles:

(q)

the measures to be taken for safe parking, refuelling (including safe storage of fuel for vehicles), and recharging of vehicles or equipment:

(r)

the requirements for periodic inspection and testing of the braking systems of vehicles:

(s)

the procedure to be followed before equipment or vehicles transporting people or equipment are operated:

(t)

the procedure to be used on the discovery of a defect in equipment or vehicles used, or to be used, for transporting people or equipment.

(2)

The responsible person for the mining operation must ensure that the measures and matters in subclause (1) are determined after the following factors have been taken into account:

(a)

the characteristics of the vehicles and other mobile plant to be used in the mining operation:

(b)

the conditions of the road or other vehicle operating area in the particular area of the mining operation (including environmental conditions such as the time of day, visibility, temperature, and the effects of weather).

(3)

In this regulation, prohibited zone means any place in the mining operation where any vehicle (including any remote-operated vehicle), any other mobile plant, or any person must not enter at certain times, or at all times, as provided in a principal hazard management plan and notified at relevant places near the place concerned.

Compare: SR 2013/483 r 80

Regulation 80(2): amended, on 18 July 2022, by regulation 48 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Tips, ponds, and voids

81 Principal hazard management plans for tips, ponds, and voids

The principal hazard management plan in relation to tips, ponds, and voids at a mining operation must, at a minimum, provide for the following:

(a)

the procedures and processes to ensure the safe design, construction, and maintenance of any tips, ponds, or voids at the mining operation:

(b)

a geotechnical assessment to be carried out commensurate with the type and scale of tipping operations and having regard to—

(i)

the underlying geotechnical structure at the location of a tip; and

(ii)

the properties of the material being tipped; and

(iii)

the creation of any ponds or voids:

(c)

roading design and traffic movement connected with tipping operations:

(d)

the tipping rules relating to the use of tips:

(e)

records to be kept of the materials that have been tipped:

(f)

an inspection and monitoring regime.

Compare: SR 2013/483 r 81

Regulation 81: amended, on 18 July 2022, by regulation 49 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

82 Risk reassessment in relation to tips, ponds, and voids

(1)

In addition to complying with regulation 55, the responsible person for a mining operation must ensure that a reassessment of the stability of a tip, pond, or void is carried out by a competent person—

(a)

at least once every 2 years after the date on which the principal hazard management plan is made; and

(b)

if a tip, pond, or void as constructed deviates from the geotechnical design; and

(c)

if a new tip, pond, or void is created.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 82

Regulation 82(1): amended, on 18 July 2022, by regulation 50(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 82(1): amended, on 18 July 2022, by regulation 50(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

83 Inspection of tips

If the principal hazard management plan for tips, ponds, and voids at a mining operation requires regular inspections to be carried out, the principal hazard management plan must specify—

(a)

the nature and interval of inspections; and

(b)

the appointment of a competent person to supervise the conduct of tipping operations, including a requirement that this person supervise every inspection of a tip at the mining operation.

Compare: SR 2013/483 r 83

Regulation 83: amended, on 18 July 2022, by regulation 51 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Air quality: managing dust and other airborne contaminants

84 Principal hazard management plans for air quality

(1)

The following matters must be considered in the development of the principal hazard management plan for air quality at a mining operation:

(a)

the levels of oxygen in the natural or supplied air at the mining operation:

(b)

the temperature and humidity of the air at the mining operation:

(c)

the types of dust and other contaminants that are likely to be in the air from both natural and introduced sources and that may be hazardous to the health and safety of any mine workers exposed to the dust or contaminants:

(d)

the levels of dust and other contaminants in the natural or supplied air at the mining operation:

(e)

the length of exposure of mine workers at the mining operation to airborne dust or other contaminants, taking into account such matters as extended shifts and reduced recovery periods between shifts and any other relevant matters.

(2)

The principal hazard management plan must, at a minimum, identify the measures that will be taken to—

(a)

monitor and assess airborne dust and contaminants at the mine:

(b)

regularly monitor the atmosphere at the mining operation to manage hazards associated with unsafe concentrations of oxygen, methane, and other gases in the air:

(c)

effectively reduce, dilute, or extract airborne dust and other contaminants, including through the use of appropriate suppression, ventilation, or exhaust extraction systems:

(d)

ensure that air provided by the ventilation system at the mining operation is of sufficient volume, velocity, and quality to remove airborne dust and contaminants from the mining operation and to maintain a safe and healthy atmosphere at the mining operation:

(e)

ensure that the supply of fresh air to the ventilation system used in the underground parts of the mining operation is from the purest source available:

(f)

suppress dust that may arise as a result of activities at the mining operation, including through the use of dust collection and dust suppression plant where appropriate.

Compare: SR 2013/483 r 84

Regulation 84(1): amended, on 18 July 2022, by regulation 52 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Fire or explosion

84A Application

Regulation 85 applies only to any—

(a)

underground mining operation; or

(b)

tunnelling operation.

Regulation 84A: inserted, on 18 July 2022, by regulation 53 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

85 Principal hazard management plan for fire or explosion

(1)

The following matters must be considered in the development of the principal hazard management plan for fire or explosion:

(a)

potential sources of fire and explosion at the mining operation:

(b)

potential sources of flammable, combustive, and explosive materials, both natural and introduced, including gas, dust, fuels, solvents, and timber:

(c)

potential sources of ignition, including equipment, static electricity, electricity, spontaneous combustion, lightning, hot work, and other work practices:

(d)

the potential for propagation of fire or explosion to other parts of the mining operation:

(e)

the use, presence, and storage of flammable and explosive substances, including combustible ore, sulphide dust, coal dust, or methane.

(2)

The principal hazard management plan for fire or explosion must include—

(a)

a description of the potential sources described in subclause (1)(a) to (c) and of the potential for propagation of fire or explosion:

(b)

procedures for the use, presence, and storage of flammable and explosive substances:

(c)

provision for hot-work procedures, including any restrictions or any approval system approved by WorkSafe relating to doing hot work if applicable under regulation 161:

(d)

provision for live electrical work procedures, including any restrictions on doing live electrical work if applicable under regulation 195:

(e)

details of the type and location of the systems for prevention, early detection, and suppression of fire (including remote monitoring systems) and of the equipment for firefighting at the mining operation:

(f)

where a gas monitoring system is in place, provision for the use of portable gas detectors fitted with suitable extension probes to monitor the presence of methane in the event that the gas monitoring system, or part of it, fails or becomes non-operational:

(g)

reference to the principal control plan for emergency management and the location of changeover stations, or refuge chambers, where they exist:

(h)

in respect of coal mining operations, the methods that will be used to limit the generation of coal dust, which must include the use of dust suppression systems at coal crushers, coal conveyors, and conveyor transfer points.

(3)

In the case of an underground coal mining operation, the principal hazard management plan must also set out the methods that will be used to—

(a)

minimise the amount of coal dust resulting from the use of mechanical mining systems:

(b)

minimise the accumulation of coal dust on roadways and on other surfaces in the roadways, and remove accumulations of coal dust from the roadways and other surfaces:

(c)

suppress airborne coal dust and remove it from the workings of the mining operation:

(d)

determine the rate of application of stone dust that is necessary to minimise the risk of a coal dust explosion:

(e)

suppress coal dust explosions and limit propagation of coal dust explosions to other parts of the mining operation:

(f)

monitor and take samples of roadway dust, including any stone dust that has been applied, to ensure that the methods outlined in the principal hazard management plan are adequate and sufficiently implemented to prevent and suppress coal dust explosions.

Compare: SR 2013/483 r 85

Explosives

86 Principal hazard management plan for explosives

The principal hazard management plan for explosives at a mining operation must, at a minimum, address the following matters:

(a)

transportation of explosives at the mining operation:

(b)

explosive precursors:

(c)

inspection of and reporting on the safety of equipment used at the mining operation for manufacturing, storing, transporting, and delivering explosives:

(d)

the appropriate action to be taken to make safe the equipment mentioned in paragraph (c):

(e)

how explosives brought into the mining operation and used at the mining operation will be accounted for:

(f)

how explosives will be checked for any deterioration in the explosives and isolated if they have deteriorated:

(g)

the establishment of secure storage for explosives at the mining operation, including a system for signing explosives in and out of storage:

(h)

for underground mining operations and tunnelling operations, a process to remove explosives from under ground at the operation unless there is an approved facility to store the explosives under ground:

(i)

the identification and control of hazards that may arise—

(i)

during the charging and firing of explosives; and

(ii)

in particular places, including, for example, in a storage bin feeder in which an explosive is to be used to clear a blockage:

(j)

the establishment of declared danger zones that no person may enter while blasting operations are taking place:

(k)

the procedure to find, recover, and detonate misfired explosives:

(l)

a record to be kept of misfired explosives:

(m)

a register of people at or providing a service to the mining operation who—

(i)

are certified handlers under the Health and Safety at Work (Hazardous Substances) Regulations 2017; and

(ii)

hold a controlled substance licence under those regulations:

(n)

the co-operation required between the mining operation and any person authorised under the Health and Safety at Work (Hazardous Substances) Regulations 2017 regarding the safety of the storage, handling, transportation, and use of explosives at the mining operation, including compliance with any conditions attached to the authorisation under the Act or the Health and Safety at Work (Hazardous Substances) Regulations 2017 of the person handling the explosive.

Compare: SR 2013/483 r 86

Regulation 86: amended, on 18 July 2022, by regulation 54(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 86(m): replaced, on 18 July 2022, by regulation 54(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 86(n): amended, on 18 July 2022, by regulation 54(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Gas outbursts

86A Application

Regulation 87 applies only to any—

(a)

underground mining operation; or

(b)

tunnelling operation.

Regulation 86A: inserted, on 18 July 2022, by regulation 55 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

87 Principal hazard management plan for gas outbursts

(1)

The following matters must be considered in the development of the principal hazard management plan for gas outbursts:

(a)

the potential for gas to be released into the working areas of a mining operation from natural or introduced sources at concentration levels that could lead to fire, explosion, or asphyxiation:

(b)

the nature of the gas that could be released:

(c)

the levels of gas in the material being mined:

(d)

gas seam pressures.

(2)

The following must be undertaken during the development of the principal hazard management plan for gas outbursts:

(a)

analysis of samples taken of in situ gas content:

(b)

geotechnical investigation and analysis:

(c)

statistical analysis of the data obtained as part of a technical review undertaken to determine what gas thresholds for safe mining should be applied at the mining operation.

(3)

The principal hazard management plan for gas outbursts must, at a minimum, include the following matters:

(a)

the determined risk of gas outbursts, measuring such factors as the in situ methane and carbon dioxide gas levels per tonne of material:

(b)

the specific geological risk features that are able to be identified in the area to be mined:

(c)

the control processes to be used to manage the risk of gas outbursts, which must include, but not be limited to, monitoring the following matters (where relevant) and comparing the measurements to the predetermined gas thresholds and mining rates adopted in the plan:

(i)

carbon dioxide and methane gas content and desorption rates:

(ii)

ventilation:

(iii)

gas drainage:

(iv)

bore hole surveying:

(v)

the rate of development of the workings of the mining operation:

(d)

a procedure for work to be authorised by the mine manager before that work first commences in a particular part of the underground parts of the mining operation and at specified intervals following the commencement of work.

(4)

The procedure developed as required by subclause (3)(d) must include a requirement for the mine manager, before authorising work, to verify that the information necessary to assess the risk of injury to mine workers from gas outbursts has been obtained and that all necessary control measures have been implemented, including—

(a)

requirements (subject to any stricter requirements in Part 8 or 9) for readings and records to be taken at least once every 2 hours of the concentration of gas in the general body of air at the face; and

(b)

requirements to continuously identify geological structures; and

(c)

provision for the rate of roadway advance to be modified; and

(d)

the use of surveys and sample drill holes; and

(e)

the training of workers to identify the signs of gas outbursts; and

(f)

the training of workers in rescue and escape procedures following gas outbursts; and

(g)

the provision of personal protective equipment to mine workers operating mobile plant.

Compare: SR 2013/483 r 87

Spontaneous combustion

88 Appraisal of likelihood of spontaneous combustion occurring required at all underground coal mining operations

(1)

The appraisal of an underground coal mining operation as required by regulation 66(1)(a) must, in respect of assessing the likelihood of spontaneous combustion occurring, include (without limitation) the following:

(a)

an independent test of the coal to be mined at the operation as to its propensity for spontaneous combustion; and

(b)

consideration of all sections of the operation and the nature of the operation; and

(c)

evaluation of the spontaneous combustion-related history of the operation and any adjacent or prior operations in the same seam and coal measures; and

(d)

a review of the experiences of spontaneous combustion at other underground coal mining operations.

(2)

The responsible person must ensure that a determination that there is not the potential for spontaneous combustion to occur at an underground coal mining operation is reviewed at least once every 3 years following the initial determination and in the following situations:

(a)

where there is evidence that spontaneous combustion has occurred or may be occurring in a coal seam or in coal that has been extracted from a coal seam at the operation, regardless of where the extracted coal is located when the evidence of spontaneous combustion is discovered; or

(b)

where the workings of the operation move into or near another coal seam that has not previously formed part of the assessment of the likelihood of spontaneous combustion occurring at the operation; or

(c)

whenever an audit of the health and safety management system, or any part of it, indicates that the likelihood of spontaneous combustion occurring at the operation should be reassessed; or

(d)

a health and safety representative or an industry health and safety representative requests the review.

(3)

A person who contravenes subclause (2) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 88

Regulation 88(2): amended, on 18 July 2022, by regulation 56(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 88(2)(a): amended, on 18 July 2022, by regulation 56(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 88(2)(b): amended, on 18 July 2022, by regulation 56(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 88(2)(c): amended, on 18 July 2022, by regulation 56(4) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

89 Ongoing review of information about spontaneous combustion

In addition to complying with regulation 69(3), the responsible person for an underground coal mining operation must ensure that the following are assessed when a principal hazard management plan for spontaneous combustion is reviewed under regulation 69(1):

(a)

available information about spontaneous combustion at underground coal mining operations; and

(b)

emerging technology regarding the control of spontaneous combustion in underground coal mines.

Compare: SR 2013/483 r 89

Regulation 89: amended, on 18 July 2022, by regulation 57 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

90 Principal hazard management plan for spontaneous combustion

The principal hazard management plan for spontaneous combustion at an underground coal mining operation must, at a minimum, include the following matters:

(a)

a description of the characteristics of the operation as they relate to the control of spontaneous combustion at the operation:

(b)

an inspection programme for spontaneous combustion that includes taking recordings and making a written report on findings:

(c)

the means to ensure that all mine workers are trained in the standards and work practices that may contribute to, and in the early detection of, spontaneous combustion:

(d)

a description of the controls in place at the operation to eliminate, isolate, or minimise spontaneous combustion:

(e)

the details of the monitoring programme to determine when the controls referred to in paragraphs (f) and (g) must be used, including—

(i)

early detection of spontaneous combustion using gas analysis and sensory indicators:

(ii)

the locations for continuous monitoring of gas to take place:

(iii)

the location and calibration of gas monitoring instruments:

(iv)

monitoring of air flow rates and pressure differentials in the underground parts of the operation:

(f)

the details of the actions to be taken in response to a spontaneous combustion event, which must include—

(i)

the procedure for withdrawing mine workers from the underground parts of the operation; and

(ii)

the particular responsibilities and competencies required of mine workers responding to the event:

(g)

the procedure or processes for emergency sealing of a part or parts of the underground parts of the operation in response to a spontaneous combustion event, including, but not limited to, the details of the sealing procedures and seal design required to comply with Part 9:

(h)

the minimum amount and type of materials required for the construction of emergency seals to be kept at the operation, or guaranteed to be readily available to the operation, at all times:

(i)

the details of any corrective action to be taken when non-conformance with the principal hazard management plan is identified.

Compare: SR 2013/483 r 90

Regulation 90: amended, on 18 July 2022, by regulation 58(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 90(d): amended, on 18 July 2022, by regulation 58(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 90(e)(iv): amended, on 18 July 2022, by regulation 58(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 90(f)(i): amended, on 18 July 2022, by regulation 58(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 90(g): amended, on 18 July 2022, by regulation 58(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 90(h): amended, on 18 July 2022, by regulation 58(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

91 Recording of spontaneous combustion events

(1)

The mine operator of an underground coal mining operation must ensure that a record is kept of—

(a)

any spontaneous combustion events that occur at or in the vicinity of the operation; and

(b)

issues, decisions, and actions, and the consequences of those actions, that arise from or are taken as a result of every spontaneous combustion event; and

(c)

the spontaneous combustion characteristics specific to the operation; and

(d)

all variations from the principal hazard management plan, the causes of non-conformance, and action taken to correct variations.

(2)

The mine operator must ensure that the record required by subclause (1) is—

(a)

made available on request to an inspector, a health and safety representative, or an industry health and safety representative; and

(b)

kept for at least 12 months from the date on which the operation is abandoned.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $6,000:

(b)

for any other person, to a fine not exceeding $30,000.

Compare: SR 2013/483 r 91

Regulation 91(1): amended, on 18 July 2022, by regulation 59(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 91(1)(a): amended, on 18 July 2022, by regulation 59(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 91(1)(c): amended, on 18 July 2022, by regulation 59(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 91(2)(b): amended, on 18 July 2022, by regulation 59(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Part 5 Principal control plans

92 Responsibility for principal control plans

(1)

If a subpart of this Part applies to a mining operation, the responsible person must ensure that there is a principal control plan for the mining operation that complies with that subpart.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 92

Regulation 92 heading: replaced, on 18 July 2022, by regulation 60(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 92(1): amended, on 18 July 2022, by regulation 60(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

93 Purpose of principal control plans

The purpose of a principal control plan for a mining operation to which a subpart of this Part applies is to document—

(a)

the systems and processes in place at the operation to manage the hazards to which the subpart applies; and

(b)

the measures that are necessary to manage the principal hazards to which the subpart applies.

Regulation 93: replaced, on 18 July 2022, by regulation 61 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

94 Review and revision of principal control plans

(1)

In addition to complying with regulation 58, the responsible person for a mining operation must ensure that each principal control plan is reviewed at least once every 2 years after the date on which the principal control plan is made.

(2)

In addition to complying with regulation 59, the responsible person for a mining operation must ensure that a principal control plan is reviewed after—

(a)

the occurrence of an accident at the mining operation involving any hazard that the principal control plan was intended to manage:

(b)

a material change in the management structure at the mining operation that may affect the principal control plan:

(c)

a material change in plant used or installed at the mining operation that may affect the principal control plan:

(d)

the occurrence of any other event identified in a principal control plan as requiring a review of the plan.

(3)

In addition to complying with regulation 61, the mine operator must ensure that records of all reviews and revisions of principal control plans are kept for at least 12 months from the date on which the mining operation is abandoned.

(4)

The mine operator must, on request, provide records relating to a review of a principal control plan to an inspector or a health and safety representative.

(5)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 94

Regulation 94(1): amended, on 18 July 2022, by regulation 62(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 94(2): amended, on 18 July 2022, by regulation 62(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 94(3): amended, on 18 July 2022, by regulation 62(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

95 Audits of principal control plans

(1)

The mine operator must engage, and pay for, a competent person to carry out an independent external audit of all principal control plans, ensuring that—

(a)

external audits are carried out once every 3 years after the date on which the principal control plan is made; and

(b)

the external auditors are independent of the mining operation.

(2)

In addition to complying with regulation 61, the mine operator must ensure that results of all audits of principal control plans are kept for at least 12 months from the date on which the mining operation is abandoned.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 95

Regulation 95(2): amended, on 18 July 2022, by regulation 63 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Subpart 1—Mechanical engineering

96 Application

This subpart applies to any of the following operations where 1 or more principal hazards have been identified that may involve hazards or controls of a mechanical type:

(a)

underground mining operations:

(b)

tunnelling operations.

Regulation 96: replaced, on 18 July 2022, by regulation 64 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

97 Risk assessment in relation to mechanical engineering control plan

The following matters must be considered when developing the mechanical engineering control plan:

(a)

the hazards presented by mechanical equipment, plant, and installations over their lifetime:

(b)

the potential for mine workers to be harmed by sources of stored energy, which is energy associated with mechanical equipment, plant, and installations other than electrical energy:

(c)

the measures required to prevent the uncontrolled release of stored energy and to prevent the unintended operation of mechanical plant and installations, including mechanical plant and installations restarting on restoration of the supply of electricity:

(d)

the potential for, and need to prevent, catastrophic failure of mechanical equipment, plant, or installations:

(e)

the potential for, and need to prevent, fires being initiated or fuelled by mechanical equipment, plant, or installations:

(f)

the potential for, and need to prevent, cutting equipment acting as an ignition source for gas or coal dust explosions:

(g)

the potential for, and need to minimise, exposure of mine workers to toxic or harmful materials associated with mechanical plant and installations:

(h)

the need for safeguards for mechanical plant and installations to have a probability of failure appropriate to the degree of risk posed by the mechanical plant or installation to which they relate:

(i)

for an underground coal mining operation, the potential for, and need to prevent, stored energy providing a source of ignition for gas or coal dust explosions:

(j)

any other matter that deals with the safe management of mechanical plant and installations.

Compare: SR 2013/483 r 97

98 Mechanical engineering control plan

The mechanical engineering control plan must, at a minimum, address the following matters:

(a)

the standards of engineering practice to be followed at the mining operation regarding mechanical plant and installations throughout their life cycle, including, but not limited to, the following:

(i)

arrangements for the acquisition and operation of fit-for-purpose mechanical plant and installations:

(ii)

inspection and testing systems to ensure that mechanical plant and installations are and remain safe to operate:

(iii)

arrangements for the maintenance, repair, and alteration of mechanical plant and installations:

(iv)

arrangements for the commissioning of mechanical plant and installations and for that commissioning to be documented:

(v)

the competencies required of mine workers who may deal with mechanical plant and installations during the life cycle of the equipment, plant, and installations at the mining operation:

(vi)

arrangements for the mine workers installing, commissioning, maintaining, and repairing mechanical plant and installations to be supervised by competent persons:

(vii)

safe work procedures for mine workers who may deal with mechanical plant and installations during the life cycle of the equipment, plant, and installations at the operation:

(viii)

the identification, assessment, rectification, and management of defects in mechanical plant and installations:

(b)

the safe operation of conveyors, winding system, mobile plant, and dredges:

(c)

the safety of mechanical plant and installations:

(d)

the fitting of appropriate automatic fire suppression and engine or fuel pump shutdown systems to safety-critical equipment and all underground diesel engines:

(e)

the fitting of heat detection and automatic trip sensors on safety-critical mechanical components to ensure that they stop operating if they may become a danger to health and safety:

(f)

the fitting of devices to protect the operator of mobile plant from hazards involving mobile plant overturning, objects falling on or coming into contact with the operator, and the operator being ejected from the seat, in the form of the following:

(i)

rollover protection and falling object protection on mobile plant that is suitable for the mining operation:

(ii)

seat belts or other devices used to restrain the operator on mobile plant:

(iii)

protective canopies on mobile plant working under an unsupported roof when they are controlled by an on-board operator:

(g)

the safe use and storage of pressurised fluids (including managing the hazards associated with compressed air and pressurised hydraulic fluids):

(h)

means for the prevention, detection, and suppression of fires on mobile plant and conveyors:

(i)

the control of diesel engine plant and installations, including the following:

(i)

limiting the number of diesel engines permitted underground in any underground mining operation or tunnelling operation consistent with the safe operation of the mining operation and capacity of the ventilation system to reduce exhaust emissions to an acceptable level:

(ii)

limiting the use of diesel engine plant and installations in the underground parts of an underground coal mining operation to diesel engine plant and installations that are approved for use in an underground coal mining operation:

(iii)

where diesel engines are used on plant underground, the fitting of such plant with steel fuel tanks, automatic fire suppression of adequate delivery means and capacity, and a ready method of battery isolation:

(iv)

the maintenance of explosion-protected plant in an explosion-protected state:

(j)

the use of fire-resistant hydraulic fluids in high-risk applications underground:

(k)

the engine management systems used to control diesel pollutants emitted underground:

(l)

the arrangements for hot work to be done safely, including any restrictions or any approval system approved by WorkSafe for doing hot work applicable under regulation 161.

Compare: SR 2013/483 r 98

Regulation 98(j): amended, on 18 July 2022, by regulation 65 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 98(k): amended, on 18 July 2022, by regulation 65 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Subpart 2—Electrical engineering

99 Application

This subpart applies to any of the following operations where 1 or more principal hazards have been identified that may involve hazards or controls of an electrical type:

(a)

underground mining operations:

(b)

tunnelling operations.

Regulation 99: replaced, on 18 July 2022, by regulation 66 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

100 Electrical engineering control plan

(1)

The electrical engineering control plan must, at a minimum, address the following matters:

(a)

the prevention of injury or illness to people from sources of electrical energy:

(b)

the prevention of fires being ignited by electrical energy:

(c)

the prevention of electrical plant being unintentionally operated:

(d)

the provision of electrical safeguards for electrical and non-electrical hazards with a probability of failure appropriate to the likelihood of the hazard occurring and the severity of injury or illness that could result:

(e)

the competencies required of mine workers carrying out electrical work at the operation:

(f)

the reliability of electrical plant and installations used in the monitoring and control of hazards and of electronic communication equipment:

(g)

the use of a maintenance management system that includes the keeping of commissioning, inspection, and test reports and certification documentation of electrical plant and installations throughout the life cycle of the plant and installations:

(h)

safe working practices for working on high voltage installations:

(i)

any other requirements of these regulations relating to the management of the safety of electrical plant and installations and electrical engineering practices, and any requirements of regulations made under the Electricity Act 1992 relevant to the use of electricity at the operation.

(2)

The electrical engineering control plan must, in addition to the matters in subclause (1), include provision for—

(a)

the design, installation, operation, and maintenance of electrical plant and installations at the operation, to minimise the potential impacts from voltage rise due to lightning, static electricity, voltage surges, and other transient voltages to within acceptable limits, including—

(i)

the prevention of the ignition of gas by a static charge:

(ii)

the prevention of the effects of lightning being transferred to the underground parts of the operation:

(b)

the safe operation of every electrical control system at the operation under all operating conditions, including instability or failure of the electricity supply:

(c)

the isolation of the supply of electricity to all electrical plant or installations in the event of—

(i)

unsafe electrical plant or installations being detected; or

(ii)

unsafe electrical practices being detected:

(d)

the isolation of the supply of electricity to any particular item of electrical plant or to any installation in the event that a failure to maintain that electrical plant or installation in accordance with the electrical engineering control plan is detected:

(e)

reasonable access to works by people undertaking installation, maintenance, or emergency work for those works:

(f)

the safety of any person undertaking installation, maintenance, or emergency work on any works:

(g)

specific procedures for the following:

(i)

use of electric welding plant:

(ii)

use of electrical test equipment, including instruments:

(iii)

work near overhead power lines and cables:

(iv)

treatment of electric shocks and electric burns:

(h)

the security and maintenance of the operation’s electrical control system software and control circuits, including—

(i)

controlling the modification of the software and circuits:

(ii)

keeping records of any modifications:

(i)

the safe use of lasers, including fibre-optic equipment, at the operation.

(3)

In the case of an underground coal mining operation, the electrical engineering control plan must, in addition to the matters in subclauses (1) and (2), provide for—

(a)

the prevention of electrical energy acting as an ignition source for gas or coal dust explosions:

(b)

for each explosion risk zone, ensuring the use only of electrical plant and installations, including cables and electrical plant on diesel vehicles, that are appropriate to the explosion risk zone in which they are located or being used:

(c)

the approval system approved by WorkSafe under which live electrical work may be carried out:

(d)

the isolation of the supply of electricity to the underground parts of the operation, but not the supply to safety-critical equipment, in the event of the following circumstances:

(i)

the presence of methane levels at or above,—

(A)

in a NERZ, 0.5%:

(B)

in an ERZ1, 1.25%:

(ii)

if ventilation falls below the specified quantity set by the electrical engineering control plan:

(e)

the safe restoration of the supply of electricity to the underground parts of the operation by a competent person:

(f)

the plant and procedures used to ensure that, in the event of a failure of the main ventilation system, the supply of electricity entering the underground parts of the operation (other than power to plant or installations that have been designed so that they are incapable of producing heat or sparks sufficient to ignite an explosive atmosphere)—

(i)

is automatically and systematically isolated:

(ii)

is incapable of being restored before the main ventilation system is repaired and restarted:

(iii)

is not restored until a competent person determines it is safe to do so.

(4)

For the purpose of this regulation, works has the meaning given to it in section 2 of the Electricity Act 1992.

Compare: SR 2013/483 r 100

Regulation 100(1)(e): amended, on 18 July 2022, by regulation 67(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 100(1)(i): amended, on 18 July 2022, by regulation 67(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 100(2): amended, on 18 July 2022, by regulation 67(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 100(2)(a): amended, on 18 July 2022, by regulation 67(4) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 100(2)(a)(ii): amended, on 18 July 2022, by regulation 67(4) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 100(2)(b): amended, on 18 July 2022, by regulation 67(4) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 100(2)(h): amended, on 18 July 2022, by regulation 67(4) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 100(2)(i): amended, on 18 July 2022, by regulation 67(4) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 100(3)(d): amended, on 18 July 2022, by regulation 67(5) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 100(3)(e): amended, on 18 July 2022, by regulation 67(5) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 100(3)(f): amended, on 18 July 2022, by regulation 67(5) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Subpart 3—Ventilation

101 Application

This subpart applies to any underground mining operation or tunnelling operation.

Compare: SR 2013/483 r 101

102 Ventilation control plan

(1)

The ventilation control plan must, at a minimum, address the following matters:

(a)

the installation of ventilation control devices to control the supply of ventilation to the underground parts of the mining operation and the means used to ensure that ventilation control devices are not interfered with:

(b)

the development of procedures for the construction, installation, use, and maintenance of ventilation control devices at the mining operation:

(c)

the placement of the main fans, and provision of other devices for a main fan, such as measuring or monitoring devices:

(d)

the maintenance of return airways in a suitable condition so that they are accessible to those who must inspect them or maintain them or travel through them in an emergency:

(e)

the competencies of mine workers who operate, maintain, or adjust any part or the whole of the ventilation system at the mining operation:

(f)

the processes that will ensure that only mine workers with the required competencies operate, maintain, or adjust any part or the whole of the ventilation system at the mining operation:

(g)

the means by which heat stress conditions will be monitored and controlled:

(h)

reporting procedures relating to ventilation:

(i)

the maintenance of ventilation records and plans:

(j)

if it is possible that an area or areas of the underground parts of the mining operation may need to be sealed, the manner of sealing such areas, and the precautions to be taken:

(k)

ensuring that no person enters any area of the mining operation that is sealed, disused, or otherwise not ventilated:

(l)

the procedures to be followed in the event of a failure of a part or the whole of the main ventilation system at the mining operation and, where considered necessary, the safe withdrawal of people from underground in the mining operation.

(2)

In the case of an underground mining operation or tunnelling operation, the ventilation control plan must, in addition to the matters in subclause (1), address the following matters:

(a)

how the exposure of mine workers to engine pollutants in the atmosphere at the mining operation will be controlled, including—

(i)

the provision of sufficient ventilation to dilute harmful exhaust pollutants at the mining operation; and

(ii)

regular testing, on at least a monthly basis, of the exhaust material from each diesel engine at the mining operation to verify that the ventilation provided is sufficient to dilute any harmful exhaust pollutants emitted by the engines:

(b)

a procedure for the starting of a main fan:

(c)

procedures for using the following types of fans, where they form part of the mining operation’s ventilation system, including starting and stopping procedures:

(i)

auxiliary fans; and

(ii)

booster fans; and

(iii)

scrubber fans:

(d)

the levels of methane at which a methane detector will activate its alarm, and the procedures to be followed when that occurs:

(e)

measures to be taken if the effective temperature in the underground parts of the mining operation exceeds 28°C:

(f)

providing for the recording of instances referred to in paragraph (e) as part of the health and safety management system:

(g)

the procedure regarding the action to be taken when monitoring identifies the presence of noxious gases:

(h)

the criteria for determining that ventilation is inadequate in a part or the whole of the underground parts of the mining operation, having regard to the quality, quantity, and velocity of air provided by the ventilation system such that workers must be withdrawn from the affected part or the whole of the operation as required by regulation 149:

(i)

the procedure in the event that the main ventilation system at the mining operation fails (which, if the operation is ventilated by more than 1 main ventilation fan, means a failure of 1 or more of the fans), including—

(i)

the action to be taken to ensure the safety of mine workers if the ventilation system fails in part or totally for at least 30 consecutive minutes; and

(ii)

the safe withdrawal of mine workers from the underground parts of the mining operation to a place of safety when it is necessary to withdraw them from the underground parts; and

(iii)

how the system that monitors the operation of the main ventilation fan or fans at the mining operation will ensure that an alarm is given at the surface part of the mining operation in the event that 1 or more of the main ventilation fans stops.

(3)

In the case of an underground coal mining operation, the ventilation control plan must, in addition to the matters in subclauses (1) and (2), address the following matters:

(a)

an assessment of potentially explosive gas contained within the coal seam that is being mined:

(b)

based on the assessment required by paragraph (a), the establishment of a system for the delivery of adequate ventilation that is designed to maintain the concentration of methane below 0.5% of the general body of air in any production area:

(c)

the design, monitoring, and control of the underground ventilation arrangements to ensure that the atmosphere underground in the mining operation is kept within the prescribed limits (including design, monitoring, and control of arrangements required to support air quality, dust, and airborne contaminant management, gas outburst management, spontaneous combustion management, or other hazard management arrangements at the mining operation that are dependent on ventilation):

(d)

the development and implementation of a procedure to ventilate the underground parts of the mining operation where work is performed, including specification of the maximum distances from the face where ventilation ducting and brattice lines may be located:

(e)

the placement of every main ventilation fan in a location and under such conditions that will prevent the fan being damaged during an explosion occurring underground at the mining operation.

Compare: SR 2013/483 r 102

Subpart 4—Emergency management

103 Application

This subpart applies to any mining operation where 1 or more principal hazards have been identified.

Compare: SR 2013/483 r 103

104 Consultation with emergency services

(1)

When developing an emergency management control plan, the responsible person for a mining operation must consult—

(a)

fire, police, and ambulance emergency services that have responsibility for the area in which the mining operation is located; and

(b)

in the case of a coal mining operation, an underground metalliferous mining operation, or a tunnelling operation where a tunnel is intended to be 150 metres or more in length, the Mines Rescue Trust Board.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $6,000:

(b)

for any other person, to a fine not exceeding $30,000.

Compare: SR 2013/483 r 104

Regulation 104(1): amended, on 18 July 2022, by regulation 68(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 104(1)(b): amended, on 18 July 2022, by regulation 68(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

105 Emergency management control plan

(1)

The emergency management control plan must, at a minimum, address the following matters:

(a)

the co-ordination and control of emergencies at the mining operation:

(b)

the people or positions at the mining operation who have, or that will have, responsibilities in relation to emergencies at the mining operation, and the details of those responsibilities:

(c)

the events that trigger the activation of the plan:

(d)

the use of communication systems in emergencies at the mining operation:

(e)

the giving of timely notice, information, and warnings about emergencies to anyone potentially affected by an emergency at the mining operation, including to the persons nominated as next of kin by mine workers:

(f)

measures to be taken to isolate an area of the mining operation affected by an emergency:

(g)

the availability of the Mines Rescue Trust Board and other emergency services to respond to an emergency at the mining operation:

(h)

the means to locate and account for people at the mining operation in the event of an emergency at the mining operation:

(i)

the maintenance of an accurate record of all people underground at a mining operation at all times and their likely location, and the availability of that record for the purposes of responding to emergencies at the mining operation:

(j)

the evacuation of the mining operation in an emergency, including the conditions that will prompt withdrawal of mine workers from the mining operation where there is an imminent risk of injury or illness to mine workers:

(k)

appropriate transportation from the mining operation:

(l)

first-aid arrangements at the mining operation, including first-aid equipment, facilities, and services and the mine workers who are qualified to provide first aid:

(m)

provision for all aspects of firefighting, including adequate and compatible firefighting equipment, procedures for firefighting, and training mine workers in firefighting:

(n)

a procedure to ensure prompt notification of all relevant emergency services and the Mines Rescue Trust Board.

(2)

In the case of an underground mining operation or tunnelling operation, the emergency management control plan must, in addition to the matters in subclause (1), include provision for ensuring—

(a)

there is an effective means of communicating between the surface of the mining operation and any part of the mining operation where people may be located underground; and

(b)

the availability of a suitable number of people trained in mines rescue who will be able to respond to an emergency at a mining operation; and

(c)

there is adequately maintained equipment at the mining operation that will—

(i)

allow for rapid and continuous rescue operations to take place at the mining operation in conditions of reduced visibility and irrespirable and irritant atmospheres; and

(ii)

assist the escape or safe recovery of any mine worker or other person from a mining operation where necessary; and

(d)

the safe escape of people from underground in the mining operation through conditions of reduced visibility and irrespirable and irritant atmospheres (including adequately maintained self-rescuers and other facilities to aid escape where appropriate); and

(e)

there is an appropriate means of escape to the surface part of the mining operation; and

(f)

the maintenance of an up-to-date plan of—

(i)

the exits from the underground parts of the mining operation; and

(ii)

the changeover stations and refuges in the underground parts of the mining operation.

(3)

In the case of an underground coal mining operation, the emergency management control plan must, in addition to the matters in subclauses (1) and (2), include the processes for—

(a)

safely sealing the whole of the underground parts of the mining operation in an emergency; and

(b)

the safe use of inertisation equipment.

Compare: SR 2013/483 r 105

Regulation 105(1)(g): amended, on 18 July 2022, by regulation 69 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 105(1)(n): amended, on 18 July 2022, by regulation 69 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

106 Testing, etc, of emergency management control plan

(1)

In addition to complying with regulation 94, the responsible person for a mining operation must ensure that—

(a)

the emergency management control plan is regularly tested—

(i)

using practice drills; and

(ii)

involving the emergency services referred to in regulation 104; and

(b)

mine workers are provided with training in the emergency management control plan and that the provision of this training is recorded.

(2)

The mine operator must ensure that the mining operation is provided with adequate resources to—

(a)

effectively implement the emergency management control plan; and

(b)

keep facilities and equipment regularly inspected and maintained in a fully operational condition.

(3)

In addition to complying with regulation 62, the responsible person for a mining operation must ensure that a copy of the current emergency management control plan is given to the Mines Rescue Trust Board, where relevant, and other emergency services referred to in regulation 104.

(4)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 106

Regulation 106(1): amended, on 18 July 2022, by regulation 70(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 106(3): replaced, on 18 July 2022, by regulation 70(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Subpart 5—Worker health

107 Application

This subpart applies to any mining operation where 1 or more principal hazards have been identified that may have long-term effects on the health of mine workers.

Compare: SR 2013/483 r 107

108 Worker health control plan

(1)

The worker health control plan must, at a minimum, address how the following hazards are to be monitored and controlled where they are present at the operation:

(a)

noise:

(b)

vibration:

(c)

dust, including asbestos dust, coal dust, silica dust, or mixed dust (being dust that contains mixtures of more than 1 different kind of dust):

(d)

diesel particulates:

(e)

fumes, including exhaust fumes, welding fumes, and other fumes arising from metallic sources:

(f)

temperature, including extreme hot and cold temperatures, and humidity:

(g)

changes in atmospheric pressure:

(h)

manual handling and lifting:

(i)

hours of work and fatigue:

(j)

psychosocial hazards:

(k)

ultraviolet radiation:

(l)

ionising radiation:

(m)

biological hazards:

(n)

any other hazard that may adversely affect the health of mine workers who work at the mining operation.

(2)

The worker health control plan must also—

(a)

provide for the development of strategies (proportionate to the hazards present at the mining operation and to how a mine worker’s behaviour may affect the worker’s safety or the safety of others at the mining operation) to deal with fatigue or consumption of drugs and alcohol; and

(b)

set out a detailed process for obtaining urgent medical treatment for mine workers who suffer serious injury or illness at the mining operation, taking into account the nature of the terrain where the mining operation is located and the remoteness of the mining operation from the nearest hospital or other place where medical assistance may be provided.

Compare: SR 2013/483 r 108

Part 6 Worker participation practices

109 Worker participation practices must be documented

(1)

A mine operator, a quarry operator, or an alluvial mine operator must document the worker participation practices it is required to have under section 61 of the Act.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $6,000:

(b)

for any other person, to a fine not exceeding $30,000.

Regulation 109(1): amended, on 18 July 2022, by regulation 71 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

110 Competency requirements for appointment as industry health and safety representative

(1)

An industry health and safety representative must hold at least 1 of the following certificates of competence:

(a)

first-class coal mine manager:

(b)

coal mine underviewer:

(c)

coal mine deputy.

(2)

In addition to complying with subclause (1), an industry health and safety representative must have successfully completed any other competency requirements for an industry health and safety representative that are prescribed by WorkSafe under regulation 34.

Compare: SR 2013/483 r 111

Regulation 110(2): amended, on 18 July 2022, by regulation 72 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

111 Form of identity cards

(1)

This regulation applies to an identity card that WorkSafe is required to give to an industry health and safety representative under clause 22 of Schedule 3 of the Act.

(2)

The front of the identity card must—

(a)

clearly identify the representative as an industry health and safety representative; and

(b)

display the following information:

(i)

a recent photograph of the representative; and

(ii)

the representative’s full name; and

(iii)

the name of the union or group of mine workers that appointed the representative.

Compare: SR 2013/483 r 112

Information required in relation to appointment of industry health and safety representative

112 Notice to WorkSafe in relation to appointment of industry health and safety representative

The information required to be given for the purpose of clause 18 of Schedule 3 of the Act is—

(a)

the name of the industry health and safety representative; and

(b)

the contact details of the representative, including telephone numbers, a physical address (which need not be the person’s residential address), and email addresses (if any); and

(c)

the date of appointment of the representative; and

(d)

if the representative was appointed by a union, the name and contact details of the union, including telephone numbers, physical addresses, and email addresses (if any); and

(e)

if the representative was appointed by a group of mine workers, the name and contact details of a person or persons who may be contacted on behalf of the group about the appointment of the representative, including telephone numbers, physical addresses, and email addresses (if any); and

(f)

evidence that the industry health and safety representative meets the requirements of regulation 110.

Compare: SR 2013/483 r 113

Register of industry health and safety representatives

113 Register of industry health and safety representatives

The information required to be contained in the register required under clause 24 of Schedule 3 of the Act is as follows:

(a)

the name of the industry health and safety representative; and

(b)

the contact details of the representative, including telephone numbers, a physical address (which need not be the person’s residential address), and email addresses (if any); and

(c)

the date of appointment of the representative; and

(d)

if the representative was appointed by a union, the name and contact details of the union, including telephone numbers, physical addresses, and email addresses (if any); and

(e)

Compare: SR 2013/483 r 114

Action following reporting of hazard by mine worker, quarry worker, or alluvial mine worker

Heading: amended, on 18 July 2022, by regulation 73 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

114 Relevant operator must investigate reported hazard

(1)

If the existence of a hazard, including (without limitation) any action done or not done in contravention of any system, procedure, or other risk-control measure in place at a mining operation, a quarrying operation, or an alluvial mining operation to control a hazard, is reported by—

(a)

a mine worker, in relation to a hazard in a mining operation, the mine operator must ensure that the report is investigated:

(b)

a quarry worker, in relation to a hazard in a quarrying operation, the quarry operator must ensure that the report is investigated:

(c)

an alluvial mine worker, in relation to a hazard in an alluvial mining operation, the alluvial mine operator must ensure that the report is investigated.

(2)

The investigation must be completed as soon as practicable, having regard to the seriousness of the hazard.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 115

Regulation 114 heading: amended, on 18 July 2022, by regulation 74(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 114(1): replaced, on 18 July 2022, by regulation 74(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

115 Relevant operator must advise worker of result of investigation

(1)

When the investigation required by regulation 114 is completed, the relevant operator must ensure that the worker who reported the hazard is promptly advised of the result of the investigation.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 116

Regulation 115 heading: amended, on 18 July 2022, by regulation 75(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 115(1): amended, on 18 July 2022, by regulation 75(2)(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 115(1): amended, on 18 July 2022, by regulation 75(2)(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Part 7 Specific duties in all mining operations

116 Application

This Part applies to all mining operations, unless specifically provided otherwise.

Compare: SR 2013/483 r 117

Ground or strata instability

117 Installation of ground or strata support

(1)

The mine operator must ensure that—

(a)

no person enters an area of the operation that has unsupported ground or unstable strata unless that person is—

(i)

installing or supervising the installation of ground or strata support; or

(ii)

undertaking or supervising slope stabilisation; and

(b)

temporary support is provided to protect a mine worker from a hazard associated with unsupported ground or unstable strata when the worker is—

(i)

installing or supervising the installation of ground or strata support; or

(ii)

undertaking or supervising slope stabilisation.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 118

Regulation 117(1): replaced, on 18 July 2022, by regulation 76 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

118 Obligations relating to ground or strata support

(1)

The mine manager must ensure that—

(a)

suitable ground or strata support arrangements, or slope stabilisation arrangements, are designed and implemented for all working areas, in accordance with regulation 117; and

(b)

plans showing the ground or strata support arrangements, or slope stabilisation arrangements, that are put in place are displayed in locations readily accessible to all mine workers.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 119

Regulation 118(1): replaced, on 18 July 2022, by regulation 77 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Roads and other vehicle operating areas

119 Roads and other vehicle operating areas

(1)

The mine operator must ensure that the following are given adequate consideration in the design, layout, operation, construction, and maintenance of each road within the mining operation:

(a)

the grade and width of the road:

(b)

the drainage system for the road:

(c)

the characteristics of the mobile plant to be used at the mine, including stopping distances, manoeuvrability, operating speeds, driver position, and remote control:

(d)

the movement of mobile plant when forming dumps or stockpiles:

(e)

the interaction between light and heavy vehicles at the mining operation.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 120

120 Operation of mobile plant by authorised mine workers only

(1)

The mine operator must ensure that no mobile plant is operated at the mining operation except by a competent person who is authorised in writing by the mine operator to do so.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 121

Defects discovered during inspection of tips

121 Defects discovered during inspection of tips

(1)

The mine operator must ensure that any person who carries out an inspection of a tip at the mining operation—

(a)

makes a written record of all defects discovered during the inspection; and

(b)

informs the mine manager of the defects that require immediate rectification.

(2)

The mine operator must ensure that a written record is made of the action taken to remedy any defect in a tip discovered during an inspection of the tip.

(3)

The mine operator must ensure that the records required by subclauses (1)(a) and (2) are kept as part of the health and safety management system.

(4)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 122

Explosives

122 Explosives

(1)

The mine operator must ensure that—

(a)

no person uses, handles, or issues explosives at the mining operation unless the person—

(i)

is a certified handler for the purposes of the Health and Safety at Work (Hazardous Substances) Regulations 2017; and

(ii)

holds a controlled substance licence under those regulations:

(b)

explosives used at the mining operation are—

(i)

authorised for use by the mine operator:

(ii)

stable:

(iii)

fit for their intended use:

(iv)

insensitive to shock, sparks, friction, and the environment in which they will be stored, transported, and used:

(v)

simple to store, use, transport, and control:

(c)

every person who designs or initiates a shot does so in a manner that ensures that the shot and any material expelled outside the declared danger zone do not cause injury to any person in, or in the vicinity of, the mining operation.

(2)

In subclause (1)(c), declared danger zone means the area that no person may enter while blasting operations are to take place, established in accordance with the principal hazard management plan for explosives.

(3)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 123

Regulation 122(1)(a): replaced, on 18 July 2022, by regulation 78 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Conveyor belts

123 Conveyor belts

(1)

The mine operator must ensure that, where a conveyor belt or belts are used at the mining operation, the conveyor belt or belts are—

(a)

designed, installed, and used in a way that will address any hazard that may arise when the conveyor belt is started. This must include the use of pre-start warnings:

(b)

fitted with an emergency stop system that can be activated at any point along the length of the conveyor belt accessible by any person:

(c)

designed, installed, and used in a way that will protect any person near or travelling under a conveyor belt from being struck by a falling object or objects:

(d)

designed, installed, and used in a way that will address the hazards arising from the interaction between people and the conveyor belt. This must include provision for the safe crossing of conveyor belts, where they may be crossed:

(e)

for an underground metalliferous mining operation or tunnelling operation where no methane has been detected, fitted with certified fire-resistant conveyor belting and drum lagging:

(f)

for an underground metalliferous mining operation or tunnelling operation where methane has been detected, or an underground coal mining operation, fitted with certified fire-resistant and anti-static conveyor belting and drum lagging.

(2)

The mine operator must ensure that a written maintenance programme is in place and is complied with for the maintenance of the conveyor belt to ensure that it complies with subclause (1).

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 124

Emergency

124 Crush injuries and rescue of trapped or injured persons

(1)

The mine operator must ensure that there are adequate and appropriate means available at the mining operation to deal with any crush injuries that may occur and to rescue a trapped or an injured person.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 125

125 Treatment and transport of sick and injured mine workers

(1)

The mine operator must ensure that suitable and sufficient facilities, including first-aid equipment, and mine workers trained in first aid are available at the mining operation to provide first aid to sick or injured mine workers, including in the underground parts of an underground mining operation or tunnelling operation.

(2)

The mine operator must ensure that arrangements are in place, or an appropriate vehicle is available at the mining operation, to transport sick or injured workers from the mining operation to a place where they can receive further medical attention if required.

(3)

In the case of an underground mining operation or tunnelling operation, the arrangements or vehicle required under subclause (2) must enable the transportation of sick or injured mine workers from the underground parts of the operation to the surface.

(4)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 126

126 Resuscitation equipment

(1)

The mine operator must ensure that—

(a)

suitable resuscitation equipment is available for all parts of the mining operation; and

(b)

people trained to use the equipment are available at the mining operation; and

(c)

there is a procedure for any mine worker to raise the alarm when the use of resuscitation equipment is required.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 127

Worker health monitoring

127 Medical examination of workers

(1)

The operator of a mining operation, a quarrying operation, or an alluvial mining operation must offer medical examinations to each mine worker, quarry worker, and alluvial mine worker at the following times:

(a)

immediately before the worker starts work at the operation; and

(b)

immediately before the worker ceases working at the operation, if the worker has not been examined within the 12 months before that date; and

(c)

periodically throughout the time that the worker is working at the operation, but no less than once every 5 years.

(2)

If a worker wishes to be examined, the relevant operator must ensure that the worker is examined, at the expense of the relevant operator, by a medical practitioner or nurse chosen after consultation with the worker.

(3)

The purpose of the examinations is to establish the worker’s level of health at each of the points in time specified in subclause (1) as it relates to the work that the worker is performing at the operation at that time.

(4)

The relevant operator must ensure that—

(a)

the records of the medical examinations are made available to WorkSafe on request (ensuring that no record made available to WorkSafe identifies, or discloses anything about, any individual worker except with the worker’s consent); and

(b)

the records of the medical examinations in relation to each worker are kept,—

(i)

for any hazard the worker may have been exposed to that is known to have a cumulative or delayed effect, for at least 30 years after the record is made; and

(ii)

for all other hazards, for at least 7 years after the record is made or until the worker to whom the record relates ceases working at the operation, whichever is later.

(4A)

In this regulation, alluvial mine worker, mine worker, and quarry worker—

(a)

have the same meanings as in regulation 3(1); but

(b)

do not include a worker who works in the mine or quarry (as applicable) from time to time on a casual basis unless the worker is carrying out work that exposes the worker to hazards at the operation on a frequent or regular basis.

(5)

A person who contravenes subclause (1), (2), or (4) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

(6)

To avoid doubt, a person who complies with this regulation does not have to comply with regulations 31 and 33 to 35 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016.

Compare: SR 2013/483 r 128

Regulation 127 heading: replaced, on 18 July 2022, by regulation 79(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 127(1): replaced, on 18 July 2022, by regulation 79(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 127(2): replaced, on 18 July 2022, by regulation 79(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 127(3): replaced, on 18 July 2022, by regulation 79(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 127(4): replaced, on 18 July 2022, by regulation 79(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 127(4A): inserted, on 18 July 2022, by regulation 79(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

128 Workers to be given results of monitoring

(1)

This regulation applies to the results of any monitoring of the health of any mine worker, quarry worker, or alluvial mine worker, or of the conditions at any mining operation, quarrying operation, or alluvial mining operation, undertaken in compliance with the Act or any regulations made under the Act if the monitoring was—

(a)

undertaken by or on behalf of a relevant operator; or

(b)

undertaken by or on behalf of a department (as defined in section 5 of the Public Service Act 2020) or WorkSafe and the results have been given to a relevant operator.

(2)

Subject to subclause (3), the relevant operator must ensure that—

(a)

every worker is given all results of monitoring of the worker’s health (whether as an individual or as one of a group of workers); and

(b)

all workers are given all results of general monitoring of—

(i)

conditions at the operation; or

(ii)

the health or safety of workers there.

(3)

The relevant operator must ensure that, when giving results to any individual worker or any group of workers, all information that identifies or discloses anything about any individual worker is omitted from the results.

(4)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Regulation 128: replaced, on 18 July 2022, by regulation 80 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

129 Records to be kept and provided to workers

(1)

The operator of a mining operation, a quarrying operation, or an alluvial mining operation must ensure that records of first aid provided to workers who are seriously injured at the operation are kept for at least 7 years after the date on which the incident that caused the injury occurred.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $6,000:

(b)

for any other person, to a fine not exceeding $30,000.

Compare: SR 2013/483 r 129

Regulation 129 heading: amended, on 18 July 2022, by regulation 81(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 129(1): replaced, on 18 July 2022, by regulation 81(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Part 8 Specific duties in underground mining operations and tunnelling operations

130 Application

This Part applies only to underground mining operations and tunnelling operations, unless specifically provided otherwise.

Compare: SR 2013/483 r 130

Ground or strata failure

131 Steps to be taken following ground or strata failure

(1)

The mine operator must ensure that,—

(a)

for an underground coal mining operation, the underviewer is made aware of any actual or suspected unplanned fall of rock or coal; or

(b)

for an underground metalliferous mining operation, the supervisor is made aware of any actual or suspected unplanned fall of rock.

(2)

Without limiting regulation 228(2), the mine operator must ensure—

(a)

that every report by a mine worker about an unplanned fall of rock or coal is assessed to determine whether the fall of rock or coal could have resulted in serious injury to a mine worker had the circumstances been different; and

(b)

if the fall of rock or coal could have resulted in serious injury to a mine worker had the circumstances been different, that an investigation is carried out.

(3)

If the investigation reveals that the cause of the ground or strata failure is attributable, in part or in full, to a ground or strata support design fault, the mine operator must ensure that the design is reviewed by a competent person who—

(a)

is independent of the mining operation; and

(b)

was not involved in the development of the original ground or strata design.

(4)

In addition to complying with regulation 61, the mine operator must ensure that the records of any ground or strata failure that caused or had the potential to cause serious injury to any person (including records of the investigation into the causes of the failure) are kept at least until the date that is 12 months from the date on which the mining operation is abandoned.

(5)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 131

Regulation 131(1)(b): amended, on 18 July 2022, by regulation 82(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 131(3): amended, on 18 July 2022, by regulation 82(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 131(4): amended, on 18 July 2022, by regulation 82(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Inundation and inrush

132 Holes to be kept in advance of working places

(1)

If accurate survey information is not available, the mine operator must ensure that drill holes of sufficient length to indicate a dangerous proximity are kept in advance of a working in a mining operation that is within 50 metres of—

(a)

old workings; or

(b)

a place that contains or is likely to contain an accumulation of flammable or noxious gases or an accumulation of water or mud.

(2)

Subclause (3) applies when a risk assessment determines that it is likely that workings in an underground mining operation or tunnelling operation will break through into a place that contains or is likely to contain an accumulation of water or material that flows when wet and that the water or material may create a hazard if it flows into the workings.

(3)

The mine operator must ensure that the following precautions are observed until conditions in the place are ascertained:

(a)

the width of the working is reduced as far as possible; and

(b)

a borehole at least 10 metres long is kept constantly extended near the centre of the working face; and

(c)

flank boreholes are maintained on each side at intervals of not less than 4.5 metres.

(4)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 132

133 Information to workers

(1)

The mine operator must ensure that every mine worker is informed of the faces being advanced at the underground mining operation or tunnelling operation and their proximity to adjacent workings, including old workings.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 133

134 Connection to be investigated

(1)

The mine operator must ensure that, before an attempt is made to connect workings in an underground mining operation or tunnelling operation to other workings, including old workings, the other workings are investigated to ascertain whether any hazard is present in those workings.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 134

135 Holing into old workings

(1)

Every mine worker who inadvertently holes into old workings in an underground mining operation or tunnelling operation must ensure that—

(a)

first, if possible, the hole is stopped up immediately; and

(b)

secondly, the underviewer, in the case of an underground coal mining operation, or the supervisor, in the case of an underground metalliferous mining operation or tunnelling operation, and then the manager are notified.

(2)

The responsible person for the operation must promptly notify WorkSafe of an incident described in subclause (1).

(3)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 135

Regulation 135(2): amended, on 18 July 2022, by regulation 83 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

136 Protection against inundation and inrush

(1)

The mine operator must ensure that, if the workings in an underground mining operation or tunnelling operation are liable to an inundation or an inrush of water or material that flows when wet, such additional chambers, drives, shafts, or other workings are provided as are necessary to ensure that mine workers in an underground mining operation or tunnelling operation can escape safely.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 136

137 Stopping of work

(1)

If the mine operator considers that it is not possible to manage an inundation or inrush hazard in a part or the whole of the mining operation, the mine operator must stop all work in the affected part, or the whole, of the mining operation.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 137

Mine shafts and winding systems

138 Equipment for raising and lowering mine workers, coal, minerals, or material

(1)

The mine operator must ensure, in relation to every exit required by regulations 170 to 172 that is a shaft, that equipment for raising or lowering mine workers, coal, minerals, or material to or from the surface is—

(a)

suitable for the purpose; and

(b)

ready for immediate use.

(2)

The mine operator must ensure that any equipment complies with the applicable requirements in Schedule 3 if the equipment—

(a)

is used to raise or lower mine workers, coal, minerals, or material; and

(b)

is installed—

(i)

for use in a vertical shaft that is more than 60 metres deep; or

(ii)

for use on a slope.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 138

Regulation 138(2): replaced, on 18 July 2022, by regulation 84(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 138(3): amended, on 18 July 2022, by regulation 84(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

139 Operation of manually operated winders and slope haulage or hoist equipment

(1)

The mine operator must ensure that—

(a)

no person operates a manually operated winder or slope haulage or hoist equipment at the mining operation unless the person holds a certificate of competence as a winding engine driver; and

(b)

there are a sufficient number of mine workers at the mining operation who are qualified as required by paragraph (a) to operate that equipment on each shift.

(2)

The mine operator of a mining operation that uses signals to communicate with the operator of a winding system or slope haulage or hoist equipment must ensure that the health and safety management system for the operation includes a signal code and that the signal code is—

(a)

easily accessible by each mine worker at the mining operation:

(b)

displayed in clear and direct view of the operator of the winder or slope haulage or hoist equipment:

(c)

displayed at every place where a person may contact the operator using the signals code:

(d)

notified to WorkSafe.

(3)

The mine operator must ensure that every mine worker who may need to use the signals code is provided with training in how to use the code.

(4)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 139

Ventilation

140 Separation of airways

(1)

If the mining operation has more than 1 main airway, the mine operator must ensure that the airways are separated sufficiently to ensure—

(a)

stability; and

(b)

ventilation to the standards required by regulation 141(1)(a) and (b).

(2)

The mine operator must ensure that no more than 2 temporary stoppings are installed in a line of stoppings that separate an intake airway from a return airway immediately adjacent to the last line of cut-throughs in the panel.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 140

141 Air quality and temperature

(1)

The mine operator must ensure, in relation to the underground mining operation or tunnelling operation, that—

(a)

there is fresh air at the commencement of every section of the workings that has a working face; and

(b)

the temperature and humidity of the air is maintained at such a level as to minimise the likelihood of heat stress; and

(c)

measurements to ensure compliance with this regulation are made at suitable intervals, and at suitable locations, using methods and measuring devices capable of giving accurate results; and

(d)

there is no recirculation of air within a working face other than through a scrubber fan.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 141

Regulation 141(1)(b): amended, on 18 July 2022, by regulation 85 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

142 Measurement of air from fans

(1)

The mine operator of an underground coal mining operation must ensure that, at least once in every week, a competent person—

(a)

measures the quantity of air being delivered to every working place in the underground parts of the mining operation; and

(b)

determines whether air is being recirculated in the underground parts of the mining operation and takes suitable action to stop any such recirculation.

(2)

The mine operator of an underground metalliferous mining operation or tunnelling operation must ensure that, at least once in every month, a competent person—

(a)

measures the quantity of air being delivered to every working place in the underground parts of the mining operation; and

(b)

determines whether air is being recirculated in the underground parts of the mining operation and takes suitable action to stop any such recirculation.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 142

143 Quantity and velocity of air

(1)

The mine operator must ensure that—

(a)

the volume of air passing through an active working face, other than a longwall working face, is not less than 0.3 cubic metres per second for each square metre of normal development cross-sectional area; and

(b)

the volume of air passing through an active longwall working face is not less than 4 cubic metres per second for each metre of extracted height in the face.

(2)

The mine operator must ensure, in respect of any underground part of a mining operation where a mine worker is doing work or may travel, that the air in that part is provided at an adequate quantity and velocity to ensure that the mine worker will not be exposed to a concentration of dust that is likely to cause injury or illness to the mine worker.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 143

144 Ventilation fans other than auxiliary fans

(1)

The mine operator must ensure that,—

(a)

where the main ventilation fan or fans, other than a portable fan that is the main ventilation fan for a tunnelling operation with a single entry tunnel, are on the surface of the mining operation, an effective airlock is provided and maintained on the surface at each shaft or outlet connected to the main ventilation fan or fans that is used for winding or the transport of people, plant, or material; and

(b)

each main ventilation fan has the following devices connected to it:

(i)

a pressure gauge that continuously indicates the air pressure; and

(ii)

a device that continuously indicates and records the volume of air passing through the fan; and

(iii)

a device that continuously indicates and records the number of revolutions per minute of the fan; and

(c)

each main ventilation fan is fitted with a device that continuously monitors and records the condition of the fan, including the temperature, vibration levels, and static pressure, and that will, when the device detects a significant departure from the fan’s normal operating parameters,—

(i)

first, trigger a visible alarm; and

(ii)

following a period of time that provides a mine worker with a reasonable opportunity to respond to the alarm, isolate the supply of electricity to the fan if no other action has been taken by a mine worker in response to the departure from normal operating parameters; and

(iii)

record the date and time when an alarm is triggered and the supply of electricity is isolated; and

(d)

each booster fan installed underground is fitted with a device that continuously monitors and records the condition of the fan, including the temperature, vibration levels, and static pressure, and that will, when the device detects a significant departure from the fan’s normal operating parameters,—

(i)

first, trigger a visible alarm; and

(ii)

(iii)

record the date and time when an alarm is triggered and the supply of electricity to the fan is isolated; and

(e)

each of the monitoring devices referred to in paragraphs (c) and (d) is designed and installed so that the part of the device that displays the results of the monitoring is located where it can be easily accessed by a mine worker required to check the condition of the fan; and

(f)

the devices referred to in paragraphs (b) to (d) are adequately maintained; and

(g)

any scrubber fan used at the mining operation is located and operated in a way that prevents the uncontrolled recirculation of air through the fan.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 144

145 Auxiliary fans

(1)

The mine operator must ensure that—

(a)

no auxiliary fan is installed or used unless the quantity of air reaching it is, at all times, sufficient to ensure that air is not recirculated by the fan; and

(b)

every forcing auxiliary fan is installed at least 5 metres from the intake side of the place to be ventilated by the fan; and

(c)

every exhaust auxiliary fan is installed at least 5 metres from the return side of the place to be ventilated by the fan; and

(d)

when forcing and exhaust auxiliary fans are used in an overlap system to simultaneously ventilate the same face,—

(i)

the secondary fan is installed more than 15 metres from the face; and

(ii)

the installed capacity of the secondary fan is less than the installed capacity of the primary fan; and

(e)

there is installed and maintained with every auxiliary fan an air duct for conducting a sufficient supply of air to and from the face or place to be ventilated; and

(f)

every auxiliary fan, whether powered by electricity or otherwise, is constructed in such a way as to prevent the possibility of an accumulation of an electrostatic charge; and

(g)

if an auxiliary fan is installed in a place, no mine worker enters or remains in that place while the fan is not operating, unless a competent person has inspected the place and found it to be safe.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 145

146 Additional requirements for auxiliary fans installed in underground coal mining operations

(1)

The mine operator of an underground coal mining operation must ensure that—

(a)

any auxiliary fan, other than an auxiliary fan powered by compressed air, that is used at the mining operation will switch off automatically if the main ventilation system fails; and

(b)

any auxiliary fan powered by compressed air that is used at the mining operation will be de-energised promptly if the main ventilation system fails; and

(c)

where 1 auxiliary fan is operating in a panel at the mining operation, the quantity of air flowing to the panel is not less than 30% of the open circuit capacity of the auxiliary fan; and

(d)

where 2 or more auxiliary fans are operating in a panel at the mining operation, the quantity of air flowing to the panel is not less than the sum of—

(i)

the open circuit capacity of each auxiliary fan operating in the panel; and

(ii)

30% of the open circuit capacity of the largest auxiliary fan operating in the panel.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 146

147 Starting, stopping, etc, of fans

(1)

The mine operator must ensure that—

(a)

no mine worker starts, stops, removes, or alters a fan that is ventilating a place underground unless the mine worker is authorised by the mine operator to do so; and

(b)

before a mine worker starts, stops, removes, or alters a fan that is ventilating a place underground, the mine worker ensures that every other mine worker likely to be affected by the action is notified about it.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 147

148 Ventilation of work areas to be adequate before entry

(1)

The mine operator must ensure that—

(a)

all areas underground at the mining operation that mine workers are permitted to enter are adequately ventilated before any mine worker may go underground; and

(b)

if at any time the requirements of the ventilation control plan are not being met in relation to a part or the whole of the mining operation that is underground, no mine worker enters the affected part or, as the case may be, the whole of the mining operation; and

(c)

despite paragraphs (a) and (b), if any area underground that mine workers are permitted to enter is not adequately ventilated, a mine worker may, if authorised by the mine operator, go underground—

(i)

to restore ventilation to adequate levels; or

(ii)

in the case of an emergency.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 148

149 Withdrawal of mine workers if ventilation inadequate

(1)

The mine operator must ensure that, if ventilation is found to be inadequate or a ventilation control device fails in a part or the whole of the mining operation that is underground,—

(a)

every mine worker withdraws from the affected part or the whole of the mining operation; and

(b)

the mine worker with responsibility for the affected part or parts—

(i)

immediately takes such measures as are available to the mine worker to restore adequate ventilation; and

(ii)

notifies the ventilation officer.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 149

150 Quantity of air to be measured

(1)

The mine operator must ensure that a competent person measures, at least once in every month, the quantity of air—

(a)

in the main current; and

(b)

in every split; and

(c)

at the commencement of the main return airway; and

(d)

in each ventilating district; and

(e)

at any additional place identified by the mine operator as a hazard.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 150

151 Plan of ventilation system to be updated every month

(1)

The mine operator must ensure that a plan of the ventilation system is prepared and updated at least once a month.

(2)

The plan must show—

(a)

the direction, course, and volume of airflow; and

(b)

the location and description of every device used to regulate or distribute air; and

(c)

the measurements taken as required by regulation 150.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 151

152 Application of regulation 153

Regulation 153 applies to—

(a)

any underground coal mining operation; and

(b)

any underground metalliferous mining operation or tunnelling operation where methane has been detected.

Compare: SR 2013/483 r 152

153 Ventilation

(1)

The mine operator of a mining operation to which this regulation applies must ensure that—

(a)

the percentage of methane in the general body of air in the underground parts of the mining operation where a mine worker is or may be present is not more than 2% by volume; and

(b)

a quantity of fresh air adequate to ensure that paragraph (a) is complied with is circulated throughout the underground parts of the mining operation—

(i)

before a mine worker enters the underground parts of the mining operation; and

(ii)

whenever a mine worker is in the mine; and

(c)

there is fresh air at the following places:

(i)

the commencement of an ERZ1:

(ii)

every location that is 100 metres outbye of the most inbye completed line of cross-cuts in a panel or of a longwall or shortwall face; and

(d)

no air current passes through any stopping, or any unsealed, abandoned, or worked-out area, before ventilating or passing through an active working place; and

(e)

the total number of mine workers ordinarily present in a ventilation district or ventilation circuit in the mine is kept to a minimum; and

(f)

a competent person measures, at least once in every week, the percentage of methane in the main return and split returns.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 153

154 Exposure to diesel emissions

(1)

The mine operator must ensure that—

(a)

the design and maintenance of the ventilation system and transport system are such that no mine worker is exposed to diesel emissions that could cause injury or illness to the mine worker; and

(b)

if 1 or more diesel engines are being operated in a ventilating current, the volume of air is not less than the greater of—

(i)

0.05 cubic metres per second for each kilowatt of the maximum combined output capability of the engines; and

(ii)

3.5 cubic metres per second.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 154

155 Assessment of hazards associated with fuel additives

(1)

The mine operator must ensure that any hazard to mine workers associated with fuel additives used in diesel engines underground at the mining operation is assessed, including by—

(a)

comparison testing of underground diesel engines at appropriate load points; and

(b)

regular testing of undiluted exhaust emissions, including from the surrounding atmosphere.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 155

Fire and explosion

156 Use of petrol engines prohibited

(1)

The mine operator must ensure that no plant with a petrol-driven engine is used underground in the operation.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 156

157 Fire protection and early warning systems

(1)

The mine operator must ensure that suitable and sufficient devices are installed in the underground parts of the mining operation to monitor for early signs of fire.

(2)

If a device installed as required by subclause (1) detects signs of fire in the underground parts of the mining operation, the device must—

(a)

activate an audible alarm that will warn mine workers in the affected part or parts of the mining operation to escape to a place of safety; and

(b)

activate an alarm at the surface of the mining operation.

(3)

The mine operator must ensure that suitable and sufficient fire extinguishers are provided beside all high-voltage electrical plant and, if a significant risk of fire exists, beside all other electrical plant.

(4)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 157

158 Testing for methane

(1)

The mine operator must ensure that testing for the presence of methane in the underground parts of the mining operation is carried out—

(a)

as often as practicable; and

(b)

with a suitable device.

(2)

The mine operator must ensure that, in respect of the devices used to test for the presence of methane, suitable procedures are in place to deal with—

(a)

their safe use for that purpose; and

(b)

their examination and maintenance; and

(c)

their regular calibration.

(3)

The mine operator must ensure that no flame safety lamps are taken into or used in the underground parts of the mining operation.

(4)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 158

159 Application of regulations 160 to 162

Regulations 160 to 162 apply to—

(a)

any underground coal mining operation; and

(b)

any underground metalliferous mining operation or tunnelling operation where methane has been detected.

Compare: SR 2013/483 r 159

160 Sparks or naked flames

(1)

A mine operator of a mining operation to which this regulation applies must ensure that no device or material, including smoking materials, that is likely to cause a spark or naked flame is taken into or used in the underground parts of the mining operation.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 160

161 Restrictions on hot work

(1)

The mine operator of an underground coal mining operation must ensure that no hot work is done in an ERZ0 at any time.

(2)

The mine operator of an underground coal mining operation must ensure that no hot work is done in a NERZ or an ERZ1 except under an approval system approved by WorkSafe as part of a principal hazard management plan for fire or explosion or a mechanical engineering control plan.

(3)

The mine operator of any other mining operation to which this regulation applies must ensure that no hot work is done in the mining operation except under an approval system approved by WorkSafe as part of a principal hazard management plan or a mechanical engineering control plan.

(4)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 161

162 Monitoring for methane

(1)

The mine operator of a mining operation to which this regulation applies must ensure that monitoring is carried out continuously at every working face where methane has been detected and a mine worker is present.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 162

163 Mine worker must inform person in charge of hazard from methane or noxious gas

(1)

If a mine worker knows or suspects that a location in the underground parts of the mining operation constitutes a hazard by reason of the presence of methane or noxious gas, the mine worker must immediately inform,—

(a)

for an underground coal mining operation, the underviewer; or

(b)

for an underground metalliferous mining operation or tunnelling operation, the supervisor; or

(c)

the mine worker responsible for the part of the mining operation that includes the location that constitutes or is suspected to constitute a hazard.

(2)

A mine worker of the kind described in subclause (1)(a) to (c) who is informed that a location in the underground parts of the mining operation may or does constitute a hazard by reason of the presence of methane or noxious gases must inspect the location as soon as practicable and as far as is safely possible.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 163

164 Withdrawal of mine workers when high level of methane present

(1)

This regulation applies when the level of methane in the general body of air in a part or the whole of the underground parts of an underground mining operation or tunnelling operation is detected to be 2% by volume or more.

(2)

The mine operator must ensure that—

(a)

every mine worker in the affected part or parts of the mining operation withdraws from the affected part or parts including, as the case requires, the whole of the underground parts of the mining operation; and

(b)

the only person who enters the affected part or parts of the mining operation or, as the case requires, any part of the underground parts of the mining operation, is—

(i)

a competent person, to test for the presence of methane; or

(ii)

a mine worker, to inquire into the cause of the presence of the methane or to remove the methane; and

(c)

no other mine worker enters the affected part or parts of the mining operation, or, as the case requires, any part of the underground parts of the mining operation, until a competent person reports to the manager that it is safe to do so.

(3)

A person who contravenes subclause (2) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 164

165 Combustible material

(1)

The mine operator must ensure that any hazards associated with the storage of combustible materials are managed.

(2)

Without limiting subclause (1), the mine operator must ensure that flammable materials with a flashpoint of 23°C or lower are not stored underground in the mining operation, unless they are kept in a fireproof room, compartment, or box.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 165

Emergency

166 Competent person at surface when mine workers underground

(1)

The mine operator must ensure that at all times when mine workers are underground there is a person above ground at the mining operation who—

(a)

is trained to answer alarms; and

(b)

is capable of isolating the supply of electricity to the underground parts of the mining operation; and

(c)

has authority to take action in the event of an emergency.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 166

167 Emergency contact details

(1)

The mine operator must prepare and regularly update a list of emergency contact details for each mine worker.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 167

168 Self-rescuers

(1)

The mine operator must ensure that any mine worker who goes underground is issued with a self-contained self-rescuer and carries it with him or her at all times while the mine worker is underground at the mining operation.

(2)

The mine operator must ensure that—

(a)

all self-rescuers used at the mining operation are provided and maintained in good order and condition; and

(b)

any mine worker who goes underground is trained in the use of the self-rescuer provided.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 168

169 Training in use of self-rescuers

(1)

The mine operator must ensure that—

(a)

any mine worker who goes underground is trained at least once every 3 months in how to don and change over the self-rescuer provided; and

(b)

the training in paragraph (a) is carried out in an environment that simulates emergency conditions in the underground parts of the mining operation; and

(c)

records are kept of the training provided to mine workers under this regulation.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 169

170 Escapeways in underground coal mining operation

(1)

The mine operator of an underground coal mining operation must ensure that the operation has at least 2 escapeways to the surface that are separated from each other in a way that ensures that any reasonably foreseeable event happening in 1 of the escapeways cannot prevent persons from escaping through the other escapeway.

(2)

The mine operator must ensure each ERZ1 at the underground coal mining operation in which a mine worker works has 2 escapeways leading to the surface or to a refuge.

(3)

Subclause (2) does not apply to an ERZ1—

(a)

in which an inspection is being carried out under the mining operation’s health and safety management system and no other mine worker is working in the ERZ1; or

(b)

where the ERZ1 is located in a single-entry drive or shaft that is being sunk.

(4)

The mine operator must ensure that at least 1 of the escapeways at the underground coal mining operation is designated as the primary escapeway and is—

(a)

an intake airway or a combination of adjacent intake airways; and

(b)

separated, as far as is reasonably practicable, from all other roadways by a separation stopping that is anti-static, fire-resistant, and of substantial construction that will ensure there is minimal leakage through the stopping; and

(c)

as far as practicable, free from hazards associated with fire; and

(d)

trafficable by a vehicle; and

(e)

fitted with fire-fighting equipment located on, or near, any equipment installed in the escapeway.

(5)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 170

Regulation 170(1): replaced, on 18 July 2022, by regulation 86 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

170A Developing escapeways in new underground coal mining operation

(1)

This regulation—

(a)

sets out escapeway requirements for an underground coal mining operation that is being developed and has not yet commenced production mining; and

(b)

ceases to apply when the operation reaches the target coal seam and commences extracting coal from it.

(2)

The mine operator must, as soon as possible, ensure that 2 escapeways are installed that—

(a)

need not be separated from each other as required by regulation 170(1); but

(b)

comply with regulation 170(4)(c), (d), and (e).

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Regulation 170A: inserted, on 18 July 2022, by regulation 87 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

171 Escapeways in underground metalliferous mining operations and tunnelling operations

(1)

The mine operator of an underground metalliferous mining operation or tunnelling operation must ensure that there are adequate means of escape from the underground parts of the mining operation.

(2)

When determining the means of escape from the underground parts of the mining operation, the mine operator must consider—

(a)

the need for mine workers to escape from the underground parts of the mining operation during an emergency; and

(b)

the inclusion and placement of refuges.

(3)

The mine operator must ensure that a record is kept of the process undertaken to determine the means of escape from the underground parts of the mining operation, including the reasons for the final determination.

(4)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 171

172 Additional requirements for escapeways in underground metalliferous mining operations

(1)

The mine operator of an underground metalliferous mining operation must ensure that, before stoping operations start at the operation, the operation has at least—

(a)

2 exits trafficable on foot (escapeways); or

(b)

2 or more shafts that comply with regulation 138; or

(c)

1 escapeway and 1 shaft that complies with regulation 138.

(1A)

For the purposes of subclause (1),—

(a)

the mine operator must determine whether an exit is trafficable on foot by undertaking a risk assessment that includes—

(i)

consideration of the standard of any ladders in the escapeway; and

(ii)

if there is a shaft as well as an escapeway, consideration of whether a winder is required; and

(b)

the mine operator must ensure that an escapeway or a shaft—

(i)

is accessible from all stoping operations, and leads to the surface; and

(ii)

is located strategically in response to the hazards that may arise at the mining operation and that may require evacuation; and

(iii)

allows for the passage of rescuers and rescue equipment, including stretchers; and

(iv)

is separated in such a way that a reasonably foreseeable event in one escapeway or shaft would not prevent persons from escaping through the other escapeway or shaft; and

(v)

is maintained in a safe, accessible, and usable condition.

(2)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 172

Regulation 172(1): replaced, on 18 July 2022, by regulation 88(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 172(1A): inserted, on 18 July 2022, by regulation 88(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 172(2): amended, on 18 July 2022, by regulation 88(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

173 Changeover stations and refuges

(1)

If a mine worker may not be able to escape from the underground parts of the mining operation during an emergency, or the use only of the self-contained self-rescuer provided to a mine worker as required by regulation 168 may not be sufficient to ensure the mine worker is able to escape from the underground parts of the mining operation during an emergency, the mine operator must ensure that the mining operation has 1 or more of the following:

(a)

changeover stations:

(b)

refuges:

(c)

secure areas where mine workers can be protected from injury or illness during the emergency.

(2)

Subject to subclause (3), when determining the type, number, and nature of the facilities required by subclause (1), the mine operator must have regard to the nature, complexity, and size of the mining operation and the activities carried out underground.

(3)

A changeover station that is intended to be used for mine workers to replace their self-contained self-rescuers must—

(a)

have a secure supply of air that is independent of the rest of the underground parts of the mining operation; and

(b)

not allow the entry of contaminated air into the changeover station.

(4)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 173

174 Navigational aids

(1)

The mine operator must ensure that navigational aids are provided marking all pathways to—

(a)

the surface; and

(b)

changeover stations, if any; and

(c)

refuges, if any.

(2)

The mine operator must ensure that any mine worker who may be required to use the pathways described in subclause (1) is made familiar with them.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 174

175 Communications systems

(1)

The mine operator must ensure that a communication system is provided that allows for oral communication between people on the surface and in the underground parts of the mining operation during an emergency.

(2)

In the case of an underground coal mining operation, the mine operator must ensure that—

(a)

the communication system incorporates an adequate backup power supply; and

(b)

the components of the system that are installed underground are recognised as being safe to operate in an explosive atmosphere, unless the components are installed in a drift or shaft being driven from the surface in material other than coal.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 175

176 Continued monitoring of atmospheric conditions underground during emergency

(1)

The mine operator of an underground coal mining operation must ensure that a system is provided that monitors the atmospheric conditions in the underground parts of the mining operation during an emergency and provides information about those conditions to people on the surface.

(2)

The mine operator must ensure that—

(a)

the system incorporates an adequate backup power supply; and

(b)

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 176

Part 9 Specific duties in underground coal mining operations only

177 Application

This Part applies only to underground coal mining operations, unless specifically provided otherwise.

Compare: SR 2013/483 r 177

Ventilation

178 Failure of ventilation system

(1)

In the event of a failure of the ventilation system to a part or the whole of an underground coal mining operation, the mine operator must ensure that—

(a)

the supply of electricity to the underground parts of the mining operation, but not the supply to safety-critical equipment, is isolated as soon as is reasonably practicable; and

(b)

every battery-operated mobile plant located in the affected parts of the mining operation is brought out without delay to—

(i)

a main intake airway or main intake airways; or

(ii)

a charging or repair station of suitable fireproof construction that is normally ventilated with intake air; and

(c)

the supply of electricity is not restored until after the ventilation system has been safely restored and a competent person considers it is safe to restore the supply of electricity.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 178

179 Air across and to working face

(1)

The mine operator must ensure that an adequate quantity and velocity of air is delivered across the working face of any production or development place, and within the roadways leading to any working face, to dilute and render harmless any accumulations or layering of methane.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 179

180 Sealed worked-out areas

(1)

If an underground coal mining operation has a sealed worked-out area, the mine operator must ensure that appropriate steps are taken to control any hazards that may be presented or caused by the emission of methane and noxious gases from the sealed worked-out area, including by—

(a)

preventing intake air from travelling across the face of a permanent seal at the mining operation; or

(b)

minimising the risks of inrush and leakage of atmospheric contaminants from sealed worked-out areas and abandoned or sealed workings into intake airways, which must include—

(i)

use of no less than a type C seal; and

(ii)

minimising leakage through seals; and

(iii)

preventing damage to seals; and

(iv)

installing a monitoring device in each intake airway on the return side of the seals over which the intake air passes to detect the intake airway’s general body concentration of—

(A)

oxygen; and

(B)

carbon dioxide, if it is present behind the seal in a general body concentration greater than 3%; and

(C)

any other gas that is present behind the seal in a quantity and concentration that is likely to create a hazard if it enters the intake airway adjacent to the seal; and

(v)

for longwall workings, installing a monitoring device at the intersection of the longwall face and the intake airway to detect the intake airway’s general body concentration of—

(A)

oxygen; and

(B)

carbon dioxide, if it is present behind the seal in a general body concentration greater than 3%; and

(C)

any other gas that is present behind the seal in a quantity and concentration that is likely to create a hazard if it enters the intake airway adjacent to the seal; and

(vi)

ensuring that every monitoring device installed as required by subparagraphs (iv) and (v) triggers an alarm to warn every mine worker who may be affected when a gas required to be detected by the device is present at the predetermined concentration.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 180

Regulation 180 heading: amended, on 18 July 2022, by regulation 89(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 180(1): amended, on 18 July 2022, by regulation 89(2)(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 180(1): amended, on 18 July 2022, by regulation 89(2)(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 180(1)(b): amended, on 18 July 2022, by regulation 89(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

181 Position and electricity supply of main ventilation fan

(1)

The mine operator must ensure that no main ventilation fan is located in the underground parts of the underground coal mining operation.

(2)

The mine operator must ensure that the supply of electricity to the main ventilation fan does not enter into or travel through the underground parts of the mining operation.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 181

Regulation 181(1): amended, on 18 July 2022, by regulation 90 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

182 Ventilation control devices

(1)

The mine operator must ensure that all ventilation control devices, including seals, are designed, constructed, and maintained to meet the design criteria specified in Schedule 4.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 182

183 Standards for sealing

(1)

The mine operator must ensure that a seal installed at the underground coal mining operation is of the following types or higher:

(a)

if the level of naturally occurring methane at the mine is insufficient to reach the lower explosive limit for the gas in any circumstances,—

(i)

type B; or

(ii)

an alternative seal approved by WorkSafe under regulation 183A:

(b)

if a mine worker or mine workers may remain underground when an explosive atmosphere exists and there is a possibility of spontaneous combustion, spark, or another ignition source, type D:

(c)

in any other situation relating to an underground part of the mining operation, type C:

(d)

for sealing the entrance to the underground parts of the mining operation, type E.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 183

Regulation 183(1): amended, on 18 July 2022, by regulation 91(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 183(1)(a): replaced, on 18 July 2022, by regulation 91(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

183A Alternative to type B seal

(1)

A mine operator who considers it is not appropriate to install a type B seal at an underground coal mining operation for the purposes of regulation 183(1)(a) may apply to WorkSafe for approval to install an alternative seal at the mining operation.

(2)

An application for approval to install an alternative seal must—

(a)

specify the mining operation at which the alternative seal would, if approved, be installed; and

(b)

include the results of a risk assessment of installing a type B seal at the mining operation.

(3)

WorkSafe must only approve an alternative seal if, after considering the risk assessment included with the application,—

(a)

it is satisfied that the alternative seal will not materially increase the risk to any person; and

(b)

it is satisfied that the alternative seal is appropriate to address any risks identified in the risk assessment; and

(c)

it considers that installing a type B seal may not address the risks identified in the risk assessment.

(4)

A mine operator must not install an alternative seal in a mining operation unless WorkSafe has approved the alternative seal for installation in that mining operation.

(5)

A person who contravenes subclause (4) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Regulation 183A: inserted, on 18 July 2022, by regulation 92 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Sealing underground coal mining operation

184 Facilities required for sealing

(1)

The mine operator must ensure that—

(a)

every entrance from the surface to the underground parts of the underground coal mining operation is capable of being readily sealed, with an engineered structure capable of withstanding an air blast of 70 kPa from within the underground parts of the mining operation when it is open, at the following locations:

(i)

at the surface, without requiring any person to travel in front of the entrance in order to seal it; or

(ii)

where the entrance is a vertical shaft,—

(A)

at the surface, without requiring any person to travel across the entrance in order to seal it; or

(B)

in a roadway at the bottom of the shaft; and

(b)

at least 1 entrance from the surface to the underground parts of the mining operation has the facilities available to fit an airlock; and

(c)

the seals on the surface of the mining operation are constructed and have appropriate facilities available to support inertisation; and

(d)

when sealed, the mining operation has facilities allowing the following:

(i)

the use of inertisation equipment from a safe position; and

(ii)

monitoring of the atmosphere behind the seal from a safe position; and

(iii)

re-entry by people to the underground parts of the mining operation.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 184

Regulation 184(1)(a): amended, on 18 July 2022, by regulation 93 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

185 Notice of intention to seal underground coal mining operation

(1)

The mine operator must give written notice to WorkSafe of any intention to seal the whole of the underground parts of the underground coal mining operation.

(2)

Except in the case of emergency sealing, the notice must be given not less than 1 month before the sealing takes place.

(3)

The notice must include—

(a)

the proposed locations of the seals to be installed; and

(b)

the proposed sealing method; and

(c)

a summary of hazards identified and how they will be managed; and

(d)

any evidence of the presence of an ignition source in a part or the whole of the underground parts of the mining operation; and

(e)

predictions of the rates at which methane and other gases will accumulate in the underground parts of the mining operation; and

(f)

the gas monitoring procedures to be carried out during and after the sealing.

(4)

If the sealing method described in the notice to WorkSafe becomes impracticable, the mine operator must—

(a)

promptly notify WorkSafe of the changes from the initial proposed method; and

(b)

if the notification under paragraph (a) is not in writing, confirm the notification in writing to WorkSafe as soon as reasonably practicable.

(5)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 185

Regulation 185(1): amended, on 18 July 2022, by regulation 94 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

186 Sealing not to be done unless notified

(1)

Except as provided in regulation 187, the mine operator must ensure that the whole of the underground parts of an underground coal mining operation is not sealed unless WorkSafe has been notified of the intention to seal the mining operation as required by regulation 185.

(2)

The mine operator must ensure that the whole of the underground parts of the mining operation is sealed in the way that has been notified to WorkSafe.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 186

Regulation 186(1): amended, on 18 July 2022, by regulation 95 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

187 Emergency sealing

(1)

This regulation applies if there is evidence that there is an immediate likelihood of an explosive atmosphere developing in a part or the whole of the underground parts of the underground coal mining operation.

(2)

The mine operator must ensure that—

(a)

a risk appraisal and risk assessment are conducted in relation to the emergency sealing of a part or the whole of the underground parts of the mining operation; and

(b)

the emergency sealing is carried out in a manner that manages any potential hazards.

(3)

The responsible person must notify WorkSafe of the intention to seal the part or the whole of the underground parts of the mining operation and must confirm in writing as soon as practicable that the sealing has been carried out.

(4)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 187

Regulation 187(1): amended, on 18 July 2022, by regulation 96(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 187(3): amended, on 18 July 2022, by regulation 96(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

188 Testing of inertisation equipment

(1)

The mine operator must ensure that—

(a)

the following facilities at the underground coal mining operation are tested at appropriate intervals to ensure that the facilities are capable of being used in an emergency:

(i)

every seal required to be used with the inertisation equipment:

(ii)

every connection point for using the inertisation equipment; and

(b)

the necessary facilities, including water and cleared areas, are available for use with inertisation equipment; and

(c)

modelling is carried out at least once a year to ensure that the inertisation points are located in places that will support effective inertisation in an emergency.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 188

Regulation 188(1)(a): amended, on 18 July 2022, by regulation 97 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Fire and explosion

189 Compressed air

(1)

The mine operator must provide for sufficient electrical bonding and earthing of compressed air equipment, hoses, and pipes that are likely while in operation to develop static electrical charges that are capable of causing an electric shock to a person or causing a spark.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 189

190 Establishment of explosion risk zones

(1)

The mine operator must ensure that—

(a)

a risk appraisal and risk assessment are conducted to identify the location and type of each explosion risk zone required at the underground coal mining operation; and

(b)

explosion risk zones are established for the mining operation.

(2)

The mine operator may temporarily classify any NERZ at the mining operation as an ERZ0 or an ERZ1.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 190

Regulation 190(1)(a): amended, on 18 July 2022, by regulation 98 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

191 Signposting of explosion risk zones

(1)

The mine operator must ensure that—

(a)

the boundaries of each explosion risk zone at the underground coal mining operation are clearly indicated by signage at each boundary; and

(b)

a plan showing the explosion risk zone boundaries is displayed at the surface of the mining operation where mine workers will see it; and

(c)

the plan is updated at the end of each shift to reflect any changes to the location of a boundary or boundaries.

(2)

In the event that a temporary change in conditions results in a temporary change in the location of the boundary of an explosion risk zone, the signage required by subclause (1) is not required to be changed if the mine operator ensures that appropriate precautions are taken to control mine workers and mobile plant entering an explosion risk zone affected by the temporary change.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 191

Regulation 191(1)(a): amended, on 18 July 2022, by regulation 99 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

192 Signposting of boundaries between explosion risk zones

(1)

If a mine worker or mobile plant can physically move through a boundary between a NERZ and an ERZ1 or between an ERZ1 and an ERZ0, the mine operator must ensure that the actual location of the boundary is signposted in each intake airway and vehicle access leading to,—

(a)

in respect of a boundary between a NERZ and an ERZ1, the ERZ1; or

(b)

in respect of a boundary between an ERZ1 and an ERZ0, the ERZ0.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 192

193 Machinery restrictions in explosion risk zones

(1)

The mine operator must ensure that—

(a)

no plant, including mobile plant, or installations powered by electricity that are not explosion-protected are used or located in an ERZ0 or an ERZ1; and

(b)

all mobile plant powered by electricity or a diesel engine used in a NERZ that is not explosion-protected is fitted with a device that ensures that the mobile plant is automatically shut down if it passes beyond a NERZ; and

(c)

no diesel engine is used to power plant, including mobile plant, or installations used or located in an ERZ0; and

(d)

no diesel engine that is not explosion-protected is used to power plant, including mobile plant, or installations used or located in an ERZ1.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 193

194 Use of diesel engines in underground coal mining operations

(1)

The mine operator must ensure that diesel engines are used to power plant, including mobile plant, or installations in an underground coal mining operation only in accordance with the following requirements:

(a)

in respect of plant, including mobile plant, and installations located or used in a NERZ, a diesel engine that is not explosion-protected may be used to power the plant or installation only if—

(i)

a risk assessment has been carried out regarding the use of the engine and any risk controls identified by the risk assessment have been implemented; and

(ii)

in respect of mobile plant, an automatic system is in place to ensure that the plant cannot enter an ERZ1 or an ERZ0 and that system is either fail-safe or includes multiple redundancy devices; and

(iii)

the diesel engine is clearly marked as a non-explosion-protected engine:

(b)

in respect of plant, including mobile plant, and installations located or used in an ERZ1, an explosion-protected diesel engine may be used to power the plant or installation only if—

(i)

the diesel engine—

(A)

has been tested by an accredited testing station in accordance with AS/NZS 3584.2:2008 Diesel engine systems for underground coal mines—Part 2: Explosion protected; and

(B)

is clearly marked with information identifying when the test report was done and by whom; and

(ii)

the diesel engine has been assessed by the engine’s manufacturer as being safe to use in an ERZ1 and is clearly marked with information identifying that the engine has been assessed as safe to use in an ERZ1, when that assessment was done, and by whom.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 194

195 Restrictions on live electrical work in ERZ0 or ERZ1

(1)

The mine operator must ensure that no live electrical work is done in an ERZ0 or ERZ1 except under an approval system approved by WorkSafe as part of the electrical engineering control plan.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 195

Methane monitors

196 Monitoring for methane at working face

(1)

The mine operator must ensure that monitoring for the presence of methane—

(a)

is continuous at every working face of the underground coal mining operation at which a mine worker is present and is carried out—

(i)

as near to the face as possible; and

(ii)

at an elevation determined by the principal hazard management plan for fire or explosion; and

(b)

is also carried out when required by regulation 162.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 196

Regulation 196(1)(a): amended, on 18 July 2022, by regulation 100 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

197 Methane monitors in intake airways

(1)

The mine operator must ensure that—

(a)

there is at least 1 methane monitor in each intake airway at the boundary between a NERZ and an ERZ1; and

(b)

every methane monitor located at the boundary between a NERZ and an ERZ1 is visible at the boundary and will,—

(i)

if the concentration of methane detected in the general body of air at the boundary reaches 0.25% or more, automatically activate a visible alarm; and

(ii)

if the concentration of methane detected in the general body of air at the boundary reaches 0.5% or more, automatically isolate the supply of electricity to all plant, other than safety-critical equipment, in—

(A)

the ERZ1 and the NERZ; or

(B)

if the NERZ has been subdivided, the ERZ1 and the subdivided part of the NERZ adjacent to the ERZ1.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 197

198 Methane monitors in return airways

(1)

The mine operator must ensure that—

(a)

there is at least 1 methane monitor in each main return airway and in each return airway in a ventilation split; and

(b)

every methane monitor located in a return airway automatically activates a visible alarm at the surface of the underground coal mining operation when the concentration of methane detected in the general body of air in the return airway reaches or exceeds the percentage stated in the ventilation control plan as the percentage at which the methane detector activates its alarm; and

(c)

a record is kept of every occasion that the methane monitor activates a visible alarm as required by paragraph (b).

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 198

Regulation 198(1)(b): amended, on 18 July 2022, by regulation 101 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

199 Methane monitors on mobile plant powered by battery or diesel engine

(1)

The mine operator must ensure that all mobile plant used in an ERZ1 that is powered by a battery or diesel engine is fitted with a methane monitor that will,—

(a)

if the concentration of methane detected in the general body of air around the mobile plant reaches 1% or more, automatically activate a visible alarm to warn the operator of the mobile plant; and

(b)

if the concentration of methane detected in the general body of air around the mobile plant reaches 1.25% or more,—

(i)

automatically shut down the mobile plant; and

(ii)

in the case of mobile plant powered by a diesel engine, automatically prevent the diesel engine from restarting.

(2)

The mine operator must ensure that, in the case of non-explosion-protected mobile plant that is powered by a battery or diesel engine and that is fitted with an automatic methane monitor, the mine worker operating the mobile plant immediately parks and shuts down the plant if the methane monitor fails while the mobile plant is in use.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 199

200 Methane monitors on certain mobile plant powered by electricity through trailing or reeling cable

(1)

The mine operator must ensure that every coal cutter, continuous miner, tunnel-boring machine, road-heading machine, and longwall shearer used at the underground coal mining operation is fitted with a methane monitor that will,—

(a)

if the concentration of methane detected in the general body of air around the mobile plant reaches 1% or more, automatically—

(i)

activate a visible alarm to warn the operator of the mobile plant; and

(ii)

isolate the electricity supply to the cutters:

(b)

if the concentration of methane detected in the general body of air around the mobile plant reaches 1.25% or more, automatically isolate the supply of electricity to the trailing cable or reeling cable supplying the mobile plant.

(2)

The mine operator must ensure that every mobile bolting machine, loader, load-haul-dump vehicle, and shuttle car used at the mining operation is fitted with a methane monitor that will,—

(a)

if the concentration of methane detected in the general body of air around the mobile plant reaches 1% or more, automatically activate a visible alarm to warn the operator of the mobile plant; and

(b)

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 200

Regulation 200(1): amended, on 18 July 2022, by regulation 102 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

201 Monitoring of other mobile plant powered by electricity through trailing or reeling cable

(1)

This regulation applies to any mobile plant of a kind other than that specified in regulation 200.

(2)

The mine operator must ensure—

(a)

that the mobile plant is fitted with a methane monitor that will perform the functions described in regulation 200(2); or

(b)

that the mobile plant is recognised as being suitable for use in an ERZ0 by or under the Electricity (Safety) Regulations 2010; or

(c)

in any other case, that any mine worker who detects a concentration of methane in the general body of air that reaches 1.25% or more immediately isolates the supply of electricity to the trailing cable or reeling cable supplying the mobile plant.

(3)

A person who contravenes subclause (2) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 201

202 Auxiliary and booster fans

(1)

The mine operator must ensure that each auxiliary and booster fan is fitted with a methane monitor and that,—

(a)

if the concentration of methane detected in the general body of air around an auxiliary fan reaches 1.25% or more, the supply of electricity to the auxiliary fan is automatically isolated; and

(b)

if the concentration of methane detected in the general body of air around a booster fan reaches 1.25% or more, the methane monitor automatically activates an audible and visible alarm.

(2)

The audibility and visibility of the alarm required by subclause (1)(b) must be sufficient to ensure that necessary action will be taken in response to the alarm.

(3)

Nothing in this regulation applies to an auxiliary fan or a booster fan located in a drift or shaft being driven from the surface of an underground coal mining operation in material other than coal.

(4)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 202

Regulation 202(3): amended, on 18 July 2022, by regulation 103 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

203 Recording and notification of isolation of electricity supply

(1)

If the supply of electricity is automatically isolated or mobile plant is shut down as required by any of regulations 197 and 199 to 202 (except to cutters as required by regulation 200(1)(a)(ii)), the mine operator must ensure that a record is kept of the date, time, and location of the event.

(2)

If the supply of electricity is automatically isolated as required by regulation 197(1)(b)(ii), the mine operator must ensure that WorkSafe is notified as soon as practicable.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 203

204 Failure of methane monitoring system

(1)

This regulation applies if the methane monitoring system fails or becomes non-operational, affecting a part or the whole of the underground parts of an underground coal mining operation, and the mining operation does not have—

(a)

a procedure for the use of portable monitors to detect methane; or

(b)

a sufficient number of portable monitors to continually monitor the affected part or the whole of the underground parts of the mining operation to the extent necessary to ensure that the levels of methane in the affected part or the whole of the underground parts of the mining operation remain below 2%.

(2)

The mine operator must ensure that every mine worker underground is withdrawn to a place of safety.

(3)

The mine operator must ensure that no mine worker enters or remains in an unsafe part of the underground parts of the mining operation, except to repair or replace the affected parts of the methane monitoring system.

(4)

For the purposes of subclause (3), a part or the whole of the underground parts of the mining operation is unsafe if the concentration of methane in the general body of air in that part or the whole of the underground parts of the mining operation cannot be monitored as required by these regulations.

(5)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 204

Regulation 204(1): amended, on 18 July 2022, by regulation 104 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Dust sampling

205 Sampling of roadway dust

(1)

The mine operator must ensure that—

(a)

dust sampling and analysis are carried out in accordance with this regulation at no less than the following intervals:

(i)

for a strip or spot sample of dust in an ERZ0, once a week; and

(ii)

for a strip sample of dust in an ERZ1, once a month; and

(iii)

for a strip sample of dust in a NERZ, once every 3 months; and

(b)

the samples of dust are taken by a competent person from the complete perimeter of the roadway and the structures in it, over a length of roadway of at least 45 metres, and by using strip samples; and

(c)

if the dust on the floor of a roadway appears to contain a different content of incombustible material from the dust on the roof and sides of the roadway, the dust on the floor is sampled and tested separately from the dust on the roof and sides of the roadway; and

(d)

each sample of the layer of dust is taken from the layer to a depth not greater than 5 millimetres; and

(e)

if a location is resampled, the individual strips from which dust is taken for a strip sample are not the same as those from which a previous sample has been taken.

(2)

The mine operator must ensure that the analysis of dust samples is carried out in an independent testing facility.

(3)

In subclause (1), strip sample means the collection of dust from a series of transverse strips of equal width that are equally spaced not more than 5 metres apart over an area that is at least 1% of the total area sampled.

(4)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 205

206 Recording of dust sampling and analysis

(1)

The mine operator must ensure that—

(a)

the mine worker in charge of the part of the underground coal mining operation where a sample of dust is taken is given written notice of the results of the analysis of that sample; and

(b)

a written record is kept of the following information for each roadway dust sample taken at the mining operation:

(i)

the date on which the sample was taken; and

(ii)

the location from which the sample was taken; and

(iii)

the volume and type of incombustible material in the sample; and

(iv)

the method used to analyse the sample; and

(c)

the results of the analysis of the dust sample, in particular the volume and type of incombustible material content, are marked on a plan of the mining operation.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 206

Regulation 206(1)(a): amended, on 18 July 2022, by regulation 105 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

207 Minimum content of incombustible material in roadway dust

(1)

The mine operator must ensure that the content of incombustible material in roadway dust at the underground coal mining operation is kept at or above 80% of the volume of the roadway dust.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 207

Regulation 207(1): amended, on 18 July 2022, by regulation 106 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

208 Mine operator must have standard operating procedure for application of incombustible material to roadway

(1)

The mine operator must ensure that a standard operating procedure for the application of incombustible material to roadways is in place to keep the proportion of incombustible material at or above 80% of the volume of roadway dust in every part of the underground parts of the underground coal mining operation.

(2)

The standard operating procedure required by subclause (1) must be included in the health and safety management system for the mining operation.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 208

Regulation 208(1): amended, on 18 July 2022, by regulation 107 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

209 Requirements for stone-dusting new roads

(1)

The mine operator must ensure that—

(a)

as soon as a 30-metre length of roadway is driven, that entire length is stone-dusted; and

(b)

each new part of the roadway is stone-dusted within 24 hours of the part being driven.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 209

Explosion barriers

210 Explosion barriers

(1)

The mine operator must ensure that—

(a)

an explosion barrier is installed and maintained in the part of any roadway in a panel, other than a single-entry roadway, containing a conveyor belt; and

(b)

an explosion barrier is installed and maintained in the part of any return roadway in a panel, other than a single-entry roadway; and

(c)

adequate explosion-suppression measures are installed and maintained in single-entry roadways.

(2)

For the purpose of subclause (1), an explosion barrier is taken to be installed in a part of a roadway if the most inbye part of the barrier is in the part of the roadway.

(3)

The mine operator must ensure that a risk appraisal and risk assessment are carried out to determine—

(a)

the type of the explosion barriers to be installed as required by subclause (1) that will effectively limit the development of, and contain, an ignition of coal dust or methane; and

(b)

whether any additional explosion barriers need to be installed, and the type and location of those explosion barriers.

(4)

The mine operator must ensure that any explosion barriers installed at the underground coal mining operation are designed, constructed, and maintained to prevent, as far as is reasonably practicable, a coal dust explosion in one part of the underground parts of the mining operation from spreading to other parts of the mining operation.

(5)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 210

Regulation 210(4): amended, on 18 July 2022, by regulation 108 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Part 10 Notification, reporting, and other matters

211 Notification of commencement, recommencement, installation, or cessation of operation

(1)

The relevant operator of a mining operation, a quarrying operation, or an alluvial mining operation must ensure that WorkSafe is notified of the matters specified in subclauses (3) to (6) in relation to the operation at the times specified in those subclauses.

(2)

The relevant operator must ensure that every notification states—

(a)

the relevant operator’s name and contact details, including postal and business addresses; and

(b)

the location of the operation; and

(c)

the nature of the operation; and

(d)

the proposed date of commencement, recommencement, installation, or cessation (including suspension or abandonment) of the operation; and

(e)

the name and contact details of,—

(i)

if the responsible person for the operation is an individual, that person; or

(ii)

if the responsible person for the operation is not an individual, a person who has sufficient knowledge of the operation to be able to answer questions from WorkSafe relating to the matters specified in subclauses (3) to (6); and

(f)

the name and contact details of a person who can be contacted about the notification to be given under this regulation if the relevant operator is not available.

(3)

The first matter is the proposed date of commencement of the operation. In the case of an operation that operates intermittently, the notification must be given not later than 24 hours before the proposed date of commencement. In any other case, the notification must be given not later than 2 months before the proposed date of commencement.

(4)

The second matter is the proposed date of recommencement of an operation. The notification must be given, not later than 14 days before the proposed date of recommencement, only for—

(a)

a mining operation that has not operated within the 2 months immediately before the proposed date of recommencement:

(b)

a quarrying operation or an alluvial mining operation that has not operated within the 6 months immediately before the proposed date of recommencement.

(5)

The third matter is the proposed date of installation of a shaft or a winding system. The notification must be given not later than 14 days before the proposed date of installation.

(6)

The fourth matter is the proposed date of suspension or abandonment of an operation. In the case of an operation that has been conducted for less than 12 months, the notification must be given not later than 24 hours before the proposed date of suspension or abandonment. In any other case, the notification must be given not later than 14 days before the proposed date of suspension or abandonment.

(7)

Despite subclause (6), a quarry operator is not required to ensure that WorkSafe is notified of the proposed date of a quarrying operation being suspended until—

(a)

the quarry operator knows that the quarrying operation will be suspended for 6 months or more; or

(b)

the quarrying operation has been suspended for 6 months.

(8)

If a tunnelling operation or shaft becomes an underground mining operation, subclauses (1) to (6) apply in respect of the underground mining operation.

(9)

In this regulation,—

commencement means,—

(a)

in relation to a mining operation, starting 1 or more of the activities specified in clause 2(a) and (b) of Schedule 3 of the Act; or

(b)

in relation to a quarrying operation, starting 1 or more of the activities specified in clause 3(1)(a) of Schedule 3 of the Act; or

(c)

in relation to a tunnelling operation, starting to extract material with the purpose of creating, enlarging, or extending any tunnel or shaft; or

(d)

in relation to an alluvial mining operation, starting 1 or more of the activities specified in paragraphs (a) and (b) of the definition of alluvial mining operation in clause 1 of Schedule 3 of the Act

recommencement means, in relation to a mining operation, quarrying operation, tunnelling operation, or alluvial mining operation (as applicable), restarting any of the relevant activities specified for that operation in the definition of commencement.

(10)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Regulation 211: replaced, on 18 July 2022, by regulation 109 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

212 Duty to give draft principal hazard management plans and principal control plans to WorkSafe

(1)

A mine operator must give the following to WorkSafe not later than 2 months before the mining operation commences:

(a)

all draft principal hazard management plans for the mining operation; and

(b)

all draft principal control plans for the mining operation.

(2)

Nothing in subclause (1) applies where a mining operation recommences after being suspended.

(3)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 212

213 Plan of mining operation for operational purposes

(1)

The mine operator must ensure that a plan is made of the mining operation as at the date of commencement of the mining operation, to be used by the mine operator for operational purposes.

(2)

The mine operator must ensure that the plan of the mining operation is reviewed and, if necessary, updated—

(a)

at least once every 3 months in relation to the parts of the plan that identify points of access, exits, and refuges:

(b)

when there has been a significant modification to the mining operation:

(c)

if the mining operation has been suspended, before the mining operation recommences:

(d)

otherwise, at least once every 6 months.

(2A)

However, subclause (2)(a) and (d) does not apply in relation to—

(a)

a tourist mining operation; or

(b)

a mining operation that has been suspended; or

(c)

a coal exploration operation.

(3)

The plan, including any updated plan, must—

(a)

be prepared to a suitable scale; and

(aa)

include the details required under regulation 217(1); and

(b)

be kept at the site office; and

(c)

be available for inspection at all times at which a mine worker is present at the mining operation.

(4)

The plan, including any updated plan, must be prepared by a person who holds a current certificate of competence as a mine surveyor.

(4A)

In the case of an opencast mining operation or a tunnelling operation, the plan or updated plan may alternatively be prepared by a licensed cadastral surveyor.

(5)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 213

Regulation 213 heading: replaced, on 18 July 2022, by regulation 110(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 213(1): amended, on 18 July 2022, by regulation 110(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 213(2A): inserted, on 18 July 2022, by regulation 110(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 213(3)(a): replaced, on 18 July 2022, by regulation 110(4) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 213(3)(aa): inserted, on 18 July 2022, by regulation 110(4) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 213(4): replaced, on 18 July 2022, by regulation 110(5) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 213(4A): inserted, on 18 July 2022, by regulation 110(5) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

214 Plan of mining operation for WorkSafe

(1)

The mine operator must ensure that a plan of the mining operation is prepared and updated for the purposes of complying with subclauses (2) and (3).

(2)

The mine operator must give the plan to WorkSafe—

(a)

as soon as possible after the date of commencement of the mining operation; and

(b)

at intervals of 12 months after giving the plan to WorkSafe for the first time under paragraph (a).

(3)

In addition, the mine operator must update the plan, and provide the update to WorkSafe, whenever there has been a significant modification to the mining operation.

(4)

The mine operator must ensure that the plan, including any updated plan,—

(a)

is prepared using the New Zealand Geodetic Datum 2000 and the New Zealand Vertical Datum 2016; and

(b)

is prepared to a suitable scale.

(5)

The plan, including any updated plan, must be prepared by a person who holds a current certificate of competence as a mine surveyor.

(6)

In the case of an opencast mining operation or a tunnelling operation, the plan or updated plan may alternatively be prepared by a licensed cadastral surveyor.

(7)

Subclause (2)(b) does not apply in relation to a tourist mining operation.

(8)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Regulation 214: replaced, on 18 July 2022, by regulation 111 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

215 Plan of mining operation must be available to industry health and safety representatives

(1)

The mine operator must ensure that the plan of the mining operation prepared under regulation 213, including any updated plan, is made available, on request, to an industry health and safety representative.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 215

Regulation 215 heading: replaced, on 18 July 2022, by regulation 112(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 215(1): amended, on 18 July 2022, by regulation 112(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

216 Plan of ceased mining operation

(1)

The mine operator must ensure that, immediately following the suspension or abandonment of the mining operation, a plan is made of the mining operation.

(2)

The plan must be—

(a)

prepared—

(i)

using the New Zealand Geodetic Datum 2000 and the New Zealand Vertical Datum 2016; and

(ii)

to a suitable scale; and

(b)

correct as at the date of suspension or abandonment; and

(c)

copied to WorkSafe.

(2A)

The plan, including any updated plan, must be prepared by a person who holds a current certificate of competence as a mine surveyor.

(2B)

In the case of an opencast mining operation or a tunnelling operation, the plan or updated plan may alternatively be prepared by a licensed cadastral surveyor.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 216

Regulation 216 heading: amended, on 18 July 2022, by regulation 113(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 216(2)(a): replaced, on 18 July 2022, by regulation 113(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 216(2A): inserted, on 18 July 2022, by regulation 113(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 216(2B): inserted, on 18 July 2022, by regulation 113(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

217 Details to be included in plans

(1)

The mine operator must ensure that any plan, including any updated plan, prepared under regulation 213 or 214 includes any existing details of,—

(a)

for all underground mining operations and tunnelling operations, the elements listed in subclause (1A)(1) to (22):

(b)

for all underground coal mining operations, the elements listed in subclause (1A)(1) to (26):

(c)

for all underground metalliferous mining operations and tunnelling operations, the elements listed in subclause (1A)(1) to (22) and (27):

(d)

for all opencast coal mining operations, the elements listed in subclause (1A)(1) to (16) and (28):

(e)

for all coal mining operations that are coal exploration operations, the elements listed in subclause (1A)(1) to (16) and (29):

(f)

for all other mining operations, the elements listed in subclause (1A)(1) to (16).

(1A)

The elements to be included in a plan, including an updated plan, in accordance with subclause (1) are—

All mining operations

(1)

tenure boundaries:

(2)

natural features surrounding the mining operation:

(3)

the location of all existing mine development:

(4)

an indication of every location at which it is proposed to develop the mining operation within the next 12 months:

(5)

the location of backfill:

(6)

roads and other key features of the traffic management system within the mining operation:

(7)

water dams, tailing dams, and tip heads:

(8)

places where hydrocarbons and explosives are stored:

(9)

the location of inrush control zones:

(10)

any other identified hazards present at or close to the mining operation:

(11)

the location of every known structural barrier or pillar:

(12)

the direction, location, and extent of every known significant fault, intrusive dyke, or other major lithologic boundary:

(13)

the location and extent of all known old workings:

(14)

the location and extent of all known water accumulation in current or old workings:

(15)

the location of electrical installations, including the route and voltage of all conductors (excluding trailing cables) and the position of all major switchgear:

(16)

the location of firefighting, rescue, and emergency facilities, including first-aid stations:

All underground mining operations and tunnelling operations

(17)

the location of firefighting, rescue, and emergency facilities, including emergency exits, changeover stations, refuges, and first-aid stations:

(18)

the floor levels and location of every traverse station:

(19)

the angle of inclination, azimuth, datum level at the collar, depth, and location of every borehole or shaft:

(20)

the cross and longitudinal sections of every level and every lode or seam:

(21)

the horizontal and vertical sections of the ventilation system, including details of—

(a)

the direction, course, and volume of air flow; and

(b)

the location and description of every device used to regulate or distribute air:

(22)

the location of every device that provides for oral communication between the underground parts of the mining operation and the surface:

All underground coal mining operations

(23)

the direction, extent, and location of every known washout:

(24)

every explosion risk zone:

(25)

areas where spontaneous combustion has occurred, including sealed areas:

(26)

the angle of dip, direction, nature, and thickness of every known coal seam:

All underground metalliferous mining operations and all tunnelling operations

(27)

every area of an underground metalliferous mining operation or tunnelling operation where methane has been detected:

All opencast coal mining operations

(28)

the angle of dip, direction, nature, and thickness of every known coal seam:

All coal exploration operations

(29)

the angle of inclination, azimuth, datum level at the collar, depth, and location of every planned and existing borehole.

(2)

The mine operator must ensure that a plan, including any updated plan, prepared under regulation 216 includes all details that exist of the matters referred to in subclause (1A)(1), (2), (3), (5), (7), (10), (11), (12), (13), (14), (18), (19), (20), (23), (25), (26), (27), (28), and (29).

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 217

Regulation 217(1): replaced, on 18 July 2022, by regulation 114 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 217(1A): inserted, on 18 July 2022, by regulation 114 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 217(2): replaced, on 18 July 2022, by regulation 114 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

218 Plan showing firefighting, rescue, and emergency facilities to be posted

(1)

The mine operator must ensure that—

(a)

a version of the plan required by regulation 213 is prepared showing the matters described in regulation 217(1A)(16) and (17); and

(b)

copies of the version of the plan required by paragraph (a) are displayed at a prominent and secure position on the surface part of the mining operation and at locations underground where they will—

(i)

assist any person who may have to escape from the mining operation in an emergency; or

(ii)

assist with the rescue of mine workers from the underground parts of the mining operation in an emergency.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 218

Regulation 218(1)(a): amended, on 18 July 2022, by regulation 115 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Record keeping

219 Operation records

(1)

The relevant operator must ensure that operation records for the mining operation, quarrying operation, or alluvial mining operation (as applicable)—

(a)

are kept at the site office; and

(b)

are available for inspection by the following persons at any time at which they are present at the operation:

(i)

in the case of a mining operation, a mine worker or the site senior executive:

(ii)

in the case of a quarrying operation, a quarry worker:

(iii)

in the case of an alluvial mining operation, an alluvial mine worker.

(2)

The operation records must consist of—

(a)

information about the relevant operator, including the information provided in the notice given to WorkSafe under regulation 211:

(b)

in the case of a mining operation, information about the appointment of the site senior executive, including the person’s name:

(c)

all notifications and reports to WorkSafe under regulations 187, 211, 229, and 230:

(d)

in the case of a mining operation, the current and all previous plans of the operation:

(e)

records of the certificates of competence held by, and any other training or qualifications received by,—

(i)

in the case of a mining operation, mine workers:

(ii)

in the case of a quarrying operation, quarry workers:

(iii)

in the case of an alluvial mining operation, alluvial mine workers:

(f)

in the case of a mining operation, records of mine workers underground:

(g)

the records of notifiable events required to be kept under section 57 of the Act and the records kept under regulation 226:

(h)

the results of examinations performed under regulation 222:

(i)

statutory notices received from WorkSafe and the responses to those notices, including any remedial action taken as a result of those notices:

(j)

the details of any inspections completed by a health and safety representative or an industry health and safety representative and any actions taken by a health and safety representative or an industry health and safety representative, including any notices issued under clause 8 or 9 of Schedule 3 of the Act.

(3)

In addition, the operation records must include the plans of any abandoned mine that is wholly or partly above, below, or within 200 metres of the boundary of a mining operation.

(4)

A matter must be kept in the operation record for 7 years after the date on which the matter is included in the record.

(5)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Regulation 219: replaced, on 18 July 2022, by regulation 116 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

220 Record of mine workers underground

(1)

The mine operator must ensure that—

(a)

no mine worker is allowed to enter the underground parts of an underground mining operation or tunnelling operation without the permission of the manager; and

(b)

an accurate record is made of every mine worker’s entry into, and exit from, the underground parts of an underground mining operation or tunnelling operation; and

(c)

the record, or a copy of it, is kept at the entry point.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 220

221 Shift reports

(1)

The relevant operator of a mining operation, a quarrying operation, or an alluvial mining operation must ensure that—

(a)

the specified person for each shift at the operation completes a written report on—

(i)

the current state of the workings of the operation and plant at the operation; and

(ii)

any material matters, arising from work done during the shift, that may affect the health and safety of workers at the operation; and

(iii)

any hazards or potential hazards identified during the shift; and

(iv)

any controls put in place during the shift; and

(b)

the specified person communicates the content of the written report to the specified person for the incoming shift; and

(c)

the content of the written report is communicated to the workers on the incoming shift.

(2)

If, under subclause (1)(b), the content of the written report is communicated orally, the relevant operator must ensure that the written report is made available to the specified person for the incoming shift during that shift.

(3)

A procedure for performing the tasks described in subclauses (1) and (2) must be included in the health and safety management system for the operation.

(4)

In this regulation, specified person means,—

(a)

in relation to an underground coal mining operation, a person appointed to be an underviewer under regulation 30:

(b)

in relation to a mining operation (other than an underground coal mining operation, a tourist mining operation, or a coal exploration operation), a person appointed to be a supervisor under regulation 31:

(c)

in relation to a tourist mining operation, a quarrying operation, a coal exploration operation, or an alluvial mining operation, a person supervising the relevant shift.

(5)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Regulation 221: replaced, on 18 July 2022, by regulation 117 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

222 Examination of operations

(1)

The relevant operator must ensure that a competent person—

(a)

examines,—

(i)

before the start of each working shift and at suitable times during each working shift, every area of the mining operation, quarrying operation, or alluvial mining operation (as applicable) where a worker is or will be present; and

(ii)

at least weekly, every accessible area of the operation, including every area containing barriers, machinery, seals, underground or surface infrastructure, and ventilation stoppings; and

(iii)

at least weekly, every vehicle at the operation; and

(iv)

before it is started, any fixed or mobile plant in the operation that has been stopped for at least the preceding 24 hours; and

(b)

so far as is reasonably practicable, takes steps to eliminate, isolate, or minimise any significant hazard identified during the examination; and

(c)

ensures that all plant examined either is safe or is made safe.

(2)

The relevant operator must ensure that a written procedure for the conduct of examinations required by subclause (1) is included in the health and safety management system for the operation and sets out—

(a)

the matters to be covered by the examination; and

(b)

a timetable (subject to the minimum requirements of subclause (1)) for the carrying out of the examinations; and

(c)

the process for recording findings; and

(d)

the process for taking action as a result of findings.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 222

Regulation 222 heading: amended, on 18 July 2022, by regulation 118(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 222(1): replaced, on 18 July 2022, by regulation 118(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 222(2): amended, on 18 July 2022, by regulation 118(3)(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 222(2): amended, on 18 July 2022, by regulation 118(3)(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

223 Barometer, hygrometer, and thermometer

(1)

The mine operator of an underground mining operation or tunnelling operation must ensure that—

(a)

a barometer and thermometer are placed on the surface of the mining operation in a conspicuous position near the entrance to the underground parts of the mining operation; and

(b)

a hygrometer is available for use in every underground mining operation or tunnelling operation.

(2)

The mine operator must ensure that a competent person reads the barometer and thermometer before the examinations required by regulation 222(1).

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 223

224 Visits to solitary mine workers

(1)

The mine operator of an underground mining operation or tunnelling operation must ensure that—

(a)

a competent person visits or contacts a mine worker who is required to be alone in the underground parts of the mining operation at least twice during each shift and at intervals not exceeding 4 hours; and

(b)

a record is kept of visits to or contact made with a mine worker as required by paragraph (a).

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 224

Notifiable events

225 Declaration of notifiable injury or illness and notifiable incidents

(1)

An injury or illness listed in Schedule 5 is declared to be a notifiable injury or illness under section 23(1)(e) of the Act.

(2)

An incident listed in Schedule 5 is declared to be a notifiable incident under section 24(1)(m) of the Act.

226 Record of notifiable events

(1)

The relevant operator of a mining operation, a quarrying operation, or an alluvial mining operation must record, in relation to every mine worker, quarry worker, or alluvial mine worker (as applicable), particulars of every notifiable event listed in section 23, 24, or 25 of the Act or in Schedule 5.

(2)

For each notifiable illness or injury or notifiable incident of a type listed in Schedule 5 or other notifiable event, the particulars prescribed in Schedule 6 must be recorded by the relevant operator.

(3)

The relevant operator must provide a copy of the record to WorkSafe at intervals of not more than 6 months.

(4)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $6,000:

(b)

for any other person, to a fine not exceeding $30,000.

Compare: SR 2013/483 r 226

Regulation 226(1): replaced, on 18 July 2022, by regulation 119(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 226(2): amended, on 18 July 2022, by regulation 119(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 226(3): amended, on 18 July 2022, by regulation 119(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

227 Disclosure of information about notifiable events

(1)

WorkSafe must make the particulars of a notifiable event, other than personal information about a mine worker, available to industry health and safety representatives.

(2)

[Revoked]

Regulation 227(2): revoked, on 18 July 2022, by regulation 120 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

228 Investigation of notifiable events

(1)

The mine operator must ensure that—

(a)

any notifiable event at the mining operation is investigated; and

(b)

the investigation findings are made available to the mine workers at the mining operation.

(2)

The mine operator must ensure that a report of the investigation findings is provided to WorkSafe within 30 days after the date of the notifiable event.

(3)

A procedure for making findings available to workers must be included in the health and safety management system.

(4)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $6,000:

(b)

for any other person, to a fine not exceeding $30,000.

Compare: SR 2013/483 r 228

High-risk activities

229 Notification of high-risk activities

(1)

Before a high-risk activity specified in Schedule 7 is undertaken, the mine operator must ensure that written notice of the activity is given to WorkSafe.

(2)

The period of notice to be given is the waiting period specified in Schedule 7 in relation to that activity, or any other longer or shorter period of notice that WorkSafe, by notice in writing, directs.

(3)

The notice must specify—

(a)

the nature of the high-risk activity; and

(b)

the intended commencement date of the activity.

(4)

The date that notice is given is the date that the notice is received by WorkSafe.

(5)

WorkSafe may request further information about the activity between the time of the notification of the activity by the mine operator and the expiry of the waiting period.

(6)

The mine operator must ensure that the high-risk activity is not commenced until the period of notice under subclause (2) has expired.

(7)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/483 r 229

Other reporting obligations

230 Duty of relevant operator to give quarterly report to WorkSafe

(1)

The relevant operator must give WorkSafe the information set out in Schedule 8.

(2)

The information must be given for each quarter (beginning on 1 January, 1 April, 1 July, and 1 October) of every year.

(3)

A person who contravenes this regulation commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $2,000:

(b)

for any other person, to a fine not exceeding $10,000.

Compare: SR 2013/483 r 230

Regulation 230 heading: amended, on 18 July 2022, by regulation 121(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 230(1): amended, on 18 July 2022, by regulation 121(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 230(2): amended, on 18 July 2022, by regulation 121(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Part 11 Miscellaneous provisions

[Revoked]

Part 11: revoked, on 18 July 2022, by regulation 122 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Consequential amendment[Revoked]

Heading: revoked, on 18 July 2022, by regulation 122 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

231 Consequential amendment to Mines Rescue (Levy) Regulations 2014

[Revoked]

Regulation 231: revoked, on 18 July 2022, by regulation 122 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Revocation[Revoked]

Heading: revoked, on 18 July 2022, by regulation 122 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

232 Revocation of Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013

[Revoked]

Regulation 232: revoked, on 18 July 2022, by regulation 122 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Schedule 1 Transitional, savings, and related provisions

r 5

	Part 1 Provisions relating to these regulations as made
1	Interpretation
	Existing mining operations
2	Transitional provision for escapeways in underground coal mining operation
3	Application of regulations 180(1)(b)(i) and 183 to seals in existing mining operations
4	Application of regulation 182 to certain ventilation control devices in existing mining operations
	Safety-critical roles and competencies
5	Holders of safety-critical roles continued
6	Managers of existing mining operations
7	Managers of quarrying operations or alluvial mining operations
8	Appointment of electrical superintendent, mechanical superintendent, and ventilation officer
9	Appointment of other safety-critical roles
10	Appointment of site senior executive for mining operations
11	Appointment of safety-critical roles for new mining operations
	Applications, etc, for certificates of competence under 1996 regulations
12	Certificates of competence granted or renewed under 1996 regulations
13	Applications, etc, for certificates of competence under 1996 regulations as at 1 January 2015
14	Application of 1996 and 2013 regulations
	Part 2 Provisions relating to Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022
15	Interpretation
	Certificates of competence
16	Existing certificates of competence
17	Applications for certificate of competence or renewal
	Preliminary steps for safety systems and plans: quarries and alluvial mines
18	Development of health and safety management systems
19	Development of principal hazard management plans
20	Development of principal control plan for emergency management
	Investigation of notifiable incidents: quarries and alluvial mines
21	Notifiable incidents to be investigated
	Quarterly reports: quarries and alluvial mines
22	First quarterly report for quarry or alluvial mine

Part 1 Provisions relating to these regulations as made

1 Interpretation

(1)

In this schedule,—

1996 regulations means the Health and Safety in Employment (Mining Administration) Regulations 1996

2013 regulations means the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013.

(2)

In this schedule, a mining operation or, as the case may be, a quarrying operation or an alluvial mining operation—

(a)

is an existing mining operation or, as the case may be, an existing quarrying operation or existing alluvial mining operation if, immediately before 16 December 2013, it was in operation or suspended; and

(b)

ceases to be an existing mining operation or, as the case may be, an existing quarrying operation or existing alluvial mining operation if it is abandoned.

Existing mining operations

2 Transitional provision for escapeways in underground coal mining operation

Until 16 December 2024, nothing in regulation 170(1) applies to an existing mining operation that is an underground coal mining operation.

Compare: SR 2013/483 Schedule 1 cl 4

3 Application of regulations 180(1)(b)(i) and 183 to seals in existing mining operations

Regulations 180(1)(b)(i) and 183 do not apply to any seal that was constructed and in place in an existing mining operation immediately before 16 December 2013.

Compare: SR 2013/483 Schedule 1 cl 4

4 Application of regulation 182 to certain ventilation control devices in existing mining operations

Regulation 182 does not apply to any of the following ventilation control devices that were constructed and in place at an existing mining operation immediately before 16 December 2013:

(a)

stoppings, doors, overcasts, and regulators installed as part of the main ventilation system:

(b)

stoppings, doors, overcasts, and regulators installed as part of the ventilation system for a panel:

(c)

mine entry airlocks:

(d)

seals.

Compare: SR 2013/483 Schedule 1 cl 6

Safety-critical roles and competencies

5 Holders of safety-critical roles continued

(1)

This clause applies to any person who, immediately before the commencement of these regulations,—

(a)

holds any of the following positions in a mining operation or a quarrying operation and holds any necessary qualifications required for that position under the 1996 regulations or the 2013 regulations:

(i)

manager of a mining operation:

(ii)

manager of a quarrying operation:

(iii)

manager of an alluvial mining operation:

(iv)

coal mine underviewer:

(v)

coal mine deputy:

(vi)

gas tester:

(vii)

mine surveyor:

(viii)

winding engine driver:

(ix)

site senior executive:

(x)

electrical superintendent:

(xi)

mechanical superintendent:

(xii)

ventilation officer.

(2)

On the date on which these regulations come into force, a person to whom this clause applies continues to hold the position he or she held immediately before that date.

Compare: SR 2013/483 Schedule 1 cl 10

6 Managers of existing mining operations

(1)

This clause applies to a person who—

(a)

was appointed as a manager of an existing mining operation in accordance with clause 11 of Schedule 1 of the 2013 regulations; and

(b)

holds a certificate of competence for that position issued under the 2013 regulations or the 1996 regulations that is in force immediately before the commencement of these regulations.

(2)

Except as provided in this clause, the person must hold a current certificate of competence as required by these regulations.

(3)

Regulations 16 to 20 of these regulations do not apply in respect of the person until the relevant date specified in subclause (4), but only if the person holds any necessary qualifications that would have been required for that person’s position under the 1996 regulations.

(4)

The relevant date is the earlier of—

(a)

the date that is 12 months after the date on which the person’s current certificate of competence expires; and

(b)

1 January 2017.

Compare: SR 2013/483 Schedule 1 cl 11

7 Managers of quarrying operations or alluvial mining operations

(1)

This clause applies to a person who—

(a)

was appointed as a manager of an existing quarrying operation or existing alluvial mining operation in accordance with clause 11 of Schedule 1 of the 2013 regulations; and

(b)

holds a certificate of competence for that position issued under the 2013 regulations or the 1996 regulations that is in force immediately before the commencement of these regulations.

(2)

Except as provided in this clause, the person must hold a current certificate of competence as required by these regulations.

Managers holding certificate of competence with expiry date

(3)

If the person’s certificate of competence has an expiry date, regulations 16, 21, and 22 of these regulations do not apply to the person until the relevant date specified in subclause (4), but only if the person holds any necessary qualifications that would have been required for that person’s position under the 1996 regulations.

(4)

The relevant date is the earlier of—

(a)

the date that is 12 months after the date on which the person’s certificate of competence expires; and

(b)

1 January 2017.

Managers holding certificate of competence without expiry date

(5)

If the person’s certificate of competence does not have an expiry date, the certificate of competence continues in force on that basis under these regulations as if it were granted under these regulations, but only if the person, on and after 1 January 2018, complies with—

(a)

any competency requirements prescribed by WorkSafe under regulation 34(a)(i); and

(b)

any continuing education requirements prescribed by WorkSafe under regulation 34(a)(ii).

(6)

To avoid doubt,—

(a)

regulation 42 (which relates to the expiry of a certificate of competence) does not apply to a certificate of competence continued under subclause (5):

(b)

regulation 45 (which relates to the cancellation or suspension of a certificate of competence) applies to a certificate of competence continued under subclause (5).

8 Appointment of electrical superintendent, mechanical superintendent, and ventilation officer

Until 1 January 2017, nothing in regulation 26(2), 27(2), or 29(2) requires a person appointed as an electrical superintendent, a mechanical superintendent, or a ventilation officer to hold any certificate of competence issued under these regulations.

Compare: SR 2013/483 Schedule 1 cl 12

9 Appointment of other safety-critical roles

(1)

If a person appointed to a role described in regulation 28, 30, 31, or 32 held that position immediately before the commencement of these regulations, regulations 28(2), 30(2) and (3), 31(2) to (5), and 32 do not apply to the person until the relevant date specified in subclause (2), but only if the person holds any necessary qualifications that would have been required for that position under the 1996 regulations.

(2)

The relevant date is the earlier of—

(a)

the date that is 12 months after the expiry date of the person’s certificate of competence; and

(b)

1 January 2017.

Compare: SR 2013/483 Schedule 1 cl 13

10 Appointment of site senior executive for mining operations

Until 1 January 2017, regulation 8 does not apply to a site senior executive appointed for any mining operation (whether or not an existing mining operation).

Compare: SR 2013/483 Schedule 1 cl 14(2)

Schedule 1 clause 10: amended, on 15 May 2017, by regulation 9(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2017 (LI 2017/62).

11 Appointment of safety-critical roles for new mining operations

(1)

This clause applies in relation to a mining operation that is not an existing mining operation (a new mining operation).

Managers

(2)

Regulations 16 to 20 do not apply to a person appointed as manager of the new mining operation until 1 January 2017, but only if the person holds any necessary qualifications that would have been required in relation to that person’s position under the 1996 regulations.

(3)

For the purposes of subclause (2), if the person held a certificate of competence under the 1996 regulations immediately before 1 January 2015 but did not apply for a renewal or replacement of the certificate before that date, regulations 16 to 20 do not apply to the person until the earlier of—

(a)

the date that is 12 months after the expiry date of the person’s certificate of competence; and

(b)

1 January 2017.

Electrical superintendents, mechanical superintendents, and ventilation officers

(4)

Regulations 26(2), 27(2), and 29(2) (which require a person to hold a certificate of competence) do not apply to a person appointed as an electrical superintendent, a mechanical superintendent, or a ventilation officer for a new mining operation until 1 January 2017.

Mine surveyors, underviewers, supervisors, coal mine deputies, and winding engine drivers

(5)

Regulations 28, 30, 31 and 32 do not apply to a person appointed as mine surveyor, underviewer, supervisor, coal mine deputy, or winding engine driver for a new mining operation until 1 January 2017, but only if the person holds any necessary qualifications that would have been required for that position under the 1996 regulations.

(6)

For the purposes of subclause (5), if the person held a certificate of competence under the 1996 regulations immediately before 1 January 2015 but did not apply for a renewal or replacement of that certificate before that date, regulations 28(2), 30(2) and (3), 31(2) to (5), and 32 do not apply to the person until the earlier of—

(a)

the date that is 12 months after the expiry date of the person’s certificate of competence; and

(b)

1 January 2017.

Compare: SR 2013/483 Schedule 1 cl 15

Applications, etc, for certificates of competence under 1996 regulations

12 Certificates of competence granted or renewed under 1996 regulations

A certificate of competence granted or renewed in accordance with regulation 16 of the 1996 regulations (as provided for in clause 16 of Schedule 1 of the 2013 regulations) expires with the close of 31 December 2016 unless it has an earlier expiry date shown on its face.

Compare: SR 2013/483 Schedule 1 cl 16(5)

13 Applications, etc, for certificates of competence under 1996 regulations as at 1 January 2015

(1)

This clause applies to an application for a certificate of competence or for a renewal of a certificate of competence under the 1996 regulations that, immediately before 1 January 2015, had been made but not determined.

(2)

The application must be treated as if it were made to the Board, and the Board must deal with it in accordance with the 1996 regulations.

(3)

A certificate granted or renewed in accordance with this clause expires with the close of 31 December 2016 unless it has an earlier expiry date shown on its face.

Compare: SR 2013/483 Schedule 1 cl 17

Schedule 1 clause 13(1): amended, on 15 May 2017, by regulation 9(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2017 (LI 2017/62).

14 Application of 1996 and 2013 regulations

For the purposes of this schedule, the 1996 regulations (except Schedule 1) and the 2013 regulations (except Schedule 2) continue to have effect, with any necessary modifications, as if they had not been revoked.

Compare: SR 2013/483 Schedule 1 cl 18

Part 2 Provisions relating to Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022

Schedule 1 Part 2: inserted, on 18 July 2022, by regulation 123(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

15 Interpretation

In this Part, unless the context otherwise requires,—

2022 amending regulations means the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022

commencement date,—

(a)

in this clause and clauses 16 to 21, means 18 July 2023; and

(b)

in clause 22, means 18 July 2022.

Schedule 1 clause 15: inserted, on 18 July 2022, by regulation 123(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Certificates of competence

Heading: inserted, on 18 July 2022, by regulation 123(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

16 Existing certificates of competence

(1)

This clause applies to a person who, immediately before the commencement date, held a current certificate of competence (excluding a certificate of competence as a quarry manager continued under clause 7(5)).

(2)

On and after the commencement date, the person’s certificate of competence,—

(a)

if the certificate is renewed before it expires, expires on the date specified in the renewal; or

(b)

expires on the expiry date specified on the certificate.

(3)

If a safe work instrument specifies any additional or alternative competency requirements that would otherwise apply to the certificate of competence held by a person described in subclause (1), the person is not required to comply with the additional or alternative competency requirements.

(4)

A person described in subclause (1) who wishes to renew the certificate of competence must apply to renew the certificate under regulation 44, and subclause (3) does not apply to that person.

Schedule 1 clause 16: inserted, on 18 July 2022, by regulation 123(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

17 Applications for certificate of competence or renewal

(1)

This clause applies if a person, immediately before the commencement date,—

(a)

had applied for a certificate of competence under regulation 36 or a renewal of a certificate of competence under regulation 44; but

(b)

the Board had not, on the commencement date, decided whether to issue or renew (as applicable) the certificate.

(2)

The Board must decide whether to issue or renew the certificate in accordance with these regulations as in force immediately before the commencement date.

Schedule 1 clause 17: inserted, on 18 July 2022, by regulation 123(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Preliminary steps for safety systems and plans: quarries and alluvial mines

Heading: inserted, on 18 July 2022, by regulation 123(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

18 Development of health and safety management systems

(1)

This clause applies to a quarrying operation or an alluvial mining operation for which a health and safety management system is being developed in order to be in place by the commencement date for the purposes of regulation 52.

(2)

Regulations 54, 55, 60, and 61(1)(d) are taken to be complied with if action of the kind described in those provisions is taken before the commencement date for the purpose of facilitating the development of the health and safety management system by that date.

Schedule 1 clause 18: inserted, on 18 July 2022, by regulation 123(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

19 Development of principal hazard management plans

(1)

This clause applies to an A-grade quarrying operation or an A-grade alluvial mining operation for which a principal hazard management plan is being developed in order to be in place by the commencement date for the purposes of regulation 66(1)(b).

(2)

Regulations 66(1)(a) and 80(2) are taken to be complied with if action of the kind described in those provisions is taken before the commencement date for the purpose of facilitating the development of the relevant principal hazard management plan by that date.

Schedule 1 clause 19: inserted, on 18 July 2022, by regulation 123(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

20 Development of principal control plan for emergency management

(1)

This clause applies to an A-grade quarrying operation or an A-grade alluvial mining operation for which a principal control plan for emergency management is being developed in order to be in place by the commencement date for the purposes of regulation 92.

(2)

Regulation 104 is taken to be complied with if action of the kind described in that provision is taken before the commencement date for the purpose of facilitating the development of the principal control plan for emergency management by that date.

Schedule 1 clause 20: inserted, on 18 July 2022, by regulation 123(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Investigation of notifiable incidents: quarries and alluvial mines

Heading: inserted, on 18 July 2022, by regulation 123(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

21 Notifiable incidents to be investigated

(1)

This clause applies to the investigation of notifiable incidents that occur at quarries and alluvial mines.

(2)

Regulation 228 as amended by the 2022 amending regulations applies only to notifiable incidents that occur on or after the commencement date.

Schedule 1 clause 21: inserted, on 18 July 2022, by regulation 123(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Quarterly reports: quarries and alluvial mines

Heading: inserted, on 18 July 2022, by regulation 123(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

22 First quarterly report for quarry or alluvial mine

(1)

This clause applies to the first quarterly report for a quarrying operation or an alluvial mining operation under regulation 230 as amended by the 2022 amending regulations.

(2)

The relevant operator must give WorkSafe the first quarterly report for the operation in relation to the first quarter that begins after the commencement date.

Example

If the commencement date is a date in January, February, or March, the first quarterly report is for the quarter that begins on 1 April.

Schedule 1 clause 22: inserted, on 18 July 2022, by regulation 123(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Schedule 2 Fees for issue, renewal, and replacement for certificate of competence

rr 36, 44(1)(b)(ii), 46(1)

Type of fee	$
Issue of any certificate of competence	140
Renewal of any certificate of competence	80
Replacement of any certificate of competence	30

Compare: SR 2013/483 Schedule 2

Schedule 3 Standards for equipment for raising and lowering mine workers, coal, minerals, and materials

r 138(2)

Winder or slope haulage

1

A winder or slope haulage used at the mining operation must have at least 2 independent brakes.

2

The brakes must not include a single line component that, if it failed, would prevent the braking system from safely stopping the winder.

3

Each brake must be designed, adjusted, and maintained so as to safely stop and hold the conveyance or conveyances under all conditions of loading, directions of travel, and speeds under or at which it will travel.

4

Each brake on a drum winder must be capable of supporting 2 times the maximum static load normally hoisted by the drum winder from the lowest operating position in the shaft.

5

Each brake on a friction winder must be capable of producing a braking torque,—

(a)

when transporting persons, at least 3 times the maximum out-of-balance static torque applied to the driving sheave by the loads normally carried by the winder; and

(b)

when transporting rock or materials, at least 2 times the maximum out-of-balance static torque applied to the driving sheave by the loads normally carried by the winder.

6

The braking system of each winding system at the mining operation must be designed in such a way that the failure of any one component in the winding system will not prevent the conveyance from being brought safely to a rest.

7

Every winder used at the mining operation must have—

(a)

an automatic device to prevent the winder over-winding; and

(b)

a device to prevent a descending conveyance from being landed at the lowest entrance to the shaft at a speed exceeding 2 metres per second; and

(c)

a device to indicate the position of each conveyance in the shaft; and

(d)

for a manually controlled winder that is capable of exceeding speeds of 4 metres per second, a rope speed indicator located on the winder where it can be read by the winder operator.

8

Every slope haulage used at the mining operation must have—

(a)

an automatic device installed to prevent overtravel; and

(b)

a device that indicates the position of each rope-hauled line of vehicles in the roadway; and

(c)

for manually controlled slope haulage that is capable of exceeding speeds of 2 metres per second, a rope speed indicator located on the slope haulage where it can be read by the slope haulage operator.

9

Where electric automatic devices are used to prevent over-winding, over-travel, or over-speeding, the device must provide an equivalent level of safety as a non-electronic automatic device used for the same purpose.

10

Where an electronic automatic device is used to prevent over-winding, over-travel, or over-speeding and the device includes a single line component that could cause the device to fail to an unsafe mode, the device must have a separate supervisory device with an independent drive that will safely bring the winding system to a rest in the event of over-winding, over-travel, or over-speed.

11

If a supervisory device is brought into operation for any reason or a supervisory device fails, further operation of the winding system associated with the supervisory device must be stopped until,—

(a)

in the case of the supervisory device being brought into operation, the electric automatic device is examined and proved to be effective; or

(b)

in the case of the failure of the supervisory device, the cause of the failure has been remedied.

12

If an electronic automatic device has separate modes for winding persons and for winding materials, the device must be set to the mode for winding persons before any person is allowed to enter the conveyance, and, except in relation to a shaft being sunk, the mode to which the device has been set must be displayed at every landing in such a way that it will be clearly visible to any person transmitting signals from a landing.

Controls and safety devices for conveyances

13

The headframe or tower of a shaft used for winding at the mining operation must have—

(a)

equipment that is designed and installed to ensure that the conveyance or counterweight will stop safely if the conveyance is over-wound; and

(b)

safety devices that are designed and installed so that when a conveyance or counterweight has stopped or become detached from the winding rope, the conveyance will not fall down the shaft; and

(c)

means by which people can safely leave an over-wound or stalled conveyance, including a way out of the conveyance.

14

Where there may be uncontrolled contact between the conveyances in a shaft, a conveyance and equipment installed in the shaft, or a conveyance and the sides of the shaft, the shaft must have suitable guidance for each conveyance and counterweight.

Schedule 3 clause 14: amended, on 18 July 2022, by regulation 124(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

15

Winders used to transport persons at a mining operation must be fitted with brake locking devices that are interlocked with any other safety-related plant in the shaft and that will prevent the winder moving during normal transport of persons if—

(a)

any shaft side barrier or gate is not closed; or

(b)

the conveyance gates are not fully closed and latched; or

(c)

any emergency stop button has not been reset after an emergency stop signal has been activated.

16

Each winder at a mining operation must have suspension equipment capable of withstanding stall conditions or a hook that can detach an ascending conveyance from the rope in the event that the conveyance over-winds.

17

Every winder and slope haulage used at a mining operation that is not directly supervised must have suitable equipment, such as fire extinguishers, that will operate automatically to extinguish fire in the plant’s engine room.

18

Every friction winder at a mining operation must have a device that cuts power to the winding system and stops the winding drum or sheave by applying brakes automatically before a conveyance, counterweight, or rope attachment reaches a permanent obstruction to its passage in the shaft.

19

Every winder used at the mining operation must automatically synchronise the position of the conveyance in a shaft with the conveyance’s position indicator and safety devices.

20

Any adjustment to the synchronisation of the position of the conveyance with its position indicator and safety devices may be done only while the conveyance’s brakes are applied and the winder is stationary.

21

The speed of a friction winder used at the mining operation must not exceed the following:

(a)

for friction winders used to raise or lower people, 16 metres per second:

(b)

for friction winders used to raise or lower material, 18 metres per second.

22

The brakes on a friction winder used at a mining operation must—

(a)

apply automatically when the power to the winder fails:

(b)

when applied automatically in any situation, not be likely to cause the winding rope to slip on the driving sheave:

(c)

in the case of a manually controlled friction winder, be able to be applied manually by the winder operator.

23

Every winder’s brakes must apply automatically and prevent the winder being operated if the brake linings become worn to an extent that jeopardises the safe operation of the brakes.

24

Sufficient information about the operating requirements of any winder, slope haulage, or hoist intended to be used at a mining operation must be given to the supplier of the plant so that the supplier is able to provide plant that is appropriate to be installed at the operation, and so that the installer is able to install the plant appropriately for the operation, and a record of the information provided to the supplier is kept.

25

Any plant utilising winders, slope haulage, or hoists must be tested before being used at a mining operation to confirm that it meets the operating requirements, and a record of the test results must be kept.

26

Where it is intended to use a winder, slope haulage, or hoist outside its operating requirements, a design check by a competent person must be carried out and any necessary modification to the plant must be completed before it is used outside the specified operating requirements.

27

[Revoked]

Schedule 3 clause 27: revoked, on 18 July 2022, by regulation 124(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Rope used for winding and slope haulage

28

A rope must not be used for winding or slope haulage at a mining operation unless the mine operator has obtained a certificate from the manufacturer of the rope stating—

(a)

the date the rope was manufactured; and

(b)

the tensile strength, diameter, length, and mass of the rope; and

(c)

the class of steel used in the rope’s construction.

29

A rope must not be used for winding or slope haulage at a mining operation unless the rope’s tensile strength has been tested by an independent testing facility and a certificate stating the tensile strength has been obtained from the testing facility.

30

For a rope other than a friction winder rope, a sample of at least 2 metres must be cut from the end of the rope during recapping and sent to an independent testing facility for testing its tensile strength, and a certificate stating the tensile strength must be obtained from the testing facility.

31

Where a certificate obtained from an independent testing facility states that the tensile strength of the rope is less than 90% of the rope’s tensile strength when new, the rope must not be used for winding or slope haulage at the mine.

32

Only rope recommended by the manufacturer of the winding system may be used at a mining operation.

33

Only rope dressing recommended by the manufacturer of the rope may be used.

34

The load applied to any rope used for drum winding at the mining operation must not result in a factor of safety less than the minimum factor of safety as set out in the following paragraphs (where L is the depth of the wind in metres):

(a)

for a friction winder,—

Proposed use	Minimum factor of safety
	Single rope	2 or 3 ropes	4 or more ropes
Transporting persons or where the safety of persons is involved	7.5	6.9	6.3
Transporting rock or materials, where the safety of persons is not involved	6.8	6.2	5.6
Transporting rock in a shaft used only for that purpose	6.3	5.7	5.1
Transporting plant at a speed of less than 2 metres per second	5.0	5.0	5.0
Balance ropes	6.0	6.0	6.0

(b)

for a winder other than a friction winder,—

Proposed use		Minimum factor of safety
Transporting persons or where safety of mine persons is involved		7.5 – 0.001 L
Transporting rock or materials, where the safety of persons is not involved		5.5 – 0.0003 L
Transporting rock in a shaft used only for that purpose		4.5
Transporting plant at a speed of less than 2 metres per second		5

(c)

for stage ropes used in shaft sinking, 6.

35

Each winder rope on a multi-rope winder must be attached at the conveyance or counterweight by a device that loads the ropes in as uniform a manner as is reasonably practicable.

36

If rope attachments are connected directly to the conveyance or counterweight, devices must be provided to adjust the rope length and indicate rope tension, and there must be regular monitoring and testing of winder or slope haulage ropes that does not damage or destroy the ropes.

37

Each winder rope used at a mining operation must be recapped at least once every 6 months.

38

When recapping is done as required by clause 10, the capping location must be moved at least 150 millimetres along the rope towards the standing end of the rope.

39

There must be criteria in place for when rope must be discarded.

40

Unsuitable rope must be discarded.

Compare: SR 2013/483 Schedule 4

Schedule 4 Ventilation control devices and design criteria

r 182(1)

Ventilation control device		Design criteria
Ventilation ducting		Anti-static and fire-resistant
Brattice line or temporary stopping		Anti-static and fire-resistant
Separation stopping for a primary escapeway		Anti-static, fire-resistant, and of substantial construction that will ensure minimal leakage
Stoppings, doors, overcast, or regulator installed as part of the main ventilation system		Capable of withstanding an overpressure of 35 kPa
Stoppings, doors, overcast, or regulator installed as part of the ventilation system for a panel		Capable of withstanding an overpressure of 14 kPa
Mine entry airlock		Capable of withstanding an overpressure of 70 kPa while it is open
Type B seal		Capable of withstanding an overpressure of 35 kPa
Type C seal		Capable of withstanding an overpressure of 140 kPa
Type D seal		Capable of withstanding an overpressure of 345 kPa
Type E seal		Capable of withstanding an overpressure of 70 kPa

Compare: SR 2013/483 Schedule 5

Schedule 5 Injuries, illnesses, and incidents declared to be notifiable events under Act

r 225

Any of the following that occurs at a mining operation, a quarrying operation, or an alluvial mining operation:

Schedule 5: amended, on 18 July 2022, by regulation 125(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Fire, ignition, explosion, or smoke

(1)

any outbreak of fire underground involving open flame:

(2)

the ignition underground of any gas or dust:

(3)

any accident where mine workers are required to evacuate a part or the whole of the underground parts of an underground mining operation or tunnelling operation because of smoke:

(4)

the outbreak of any fire on the surface that endangers workers on the surface of the operation, or mine workers in the underground parts of a mining operation:

(5)

any fire on plant, including mobile plant, or in a building associated with mining or tunnelling activities:

(6)

in relation to a coal mining operation, the detection of any spontaneous combustion:

Schedule 5 paragraph (4): replaced, on 18 July 2022, by regulation 125(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Ventilation and gas

(7)

any accident where mine workers are required to evacuate a part or the whole of the underground parts of a mining operation or tunnelling operation because of methane or any other gas:

(8)

any unplanned stoppage of the main fan in excess of 30 minutes:

(9)

any unplanned accumulation of methane or other gas requiring formal degassing operations:

(10)

the loss of consciousness of any mine worker, quarry worker, or alluvial mine worker (as applicable), including as a result of asphyxia:

Schedule 5 paragraph (10): amended, on 18 July 2022, by regulation 125(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Outburst, inundation, or inrush

(11)

any violent outburst of coal, gas, or solid matter:

(12)

any windblast event capable of injuring or causing the death of any mine worker or damaging seals or stoppings:

(13)

any inundation or inrush of water or material that flows when wet:

(14)

any structural failure of a tip, pond, or dam resulting in unintended movement or release of material or fluids:

(15)

unintended holing into old workings in an underground mining operation or tunnelling operation:

Ground, geotechnical, and other structural failures

(16)

any failure of ground control that prevents persons from passing through the area or otherwise exposes them to danger:

(17)

any ground movement of a surface slope, face, bench, or haul road that has the potential to cause injury or death:

(18)

any movement of a surface slope or face that adversely affects any building, footpath, waterway, public utility, or other area of public access:

(19)

in relation to the surface of a mining operation, a quarrying operation, or an alluvial mining operation, the structural failure of any gantry, storage bunker, tower, or other elevated structure:

Schedule 5 paragraph (19): amended, on 18 July 2022, by regulation 125(4) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Emergency, escape, and rescue

(20)

any initiation of the mine, quarry, or alluvial mine emergency plan other than during a planned exercise:

(21)

use of emergency escape equipment, including self-contained self-rescuers or other breathing apparatus, except during training:

(22)

failure in use or training of any emergency escape equipment or mines rescue breathing apparatus:

(23)

any emergency evacuation of a part or the whole of a mining operation, a quarrying operation, or an alluvial mining operation:

(24)

the unplanned unavailability of 1 or more of the emergency escapeways from an underground mining operation or tunnelling operation:

(25)

any occasion when 1 or more mine workers, quarry workers, or alluvial mine workers are trapped or unable to leave their place of work in an operation:

Schedule 5 paragraph (20): amended, on 18 July 2022, by regulation 125(5) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Schedule 5 paragraph (23): amended, on 18 July 2022, by regulation 125(6) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Schedule 5 paragraph (25): replaced, on 18 July 2022, by regulation 125(7) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Vehicles and plant

(26)

any collision of mobile plant with other plant, including mobile plant, with a potential to cause serious injury:

(27)

any overturning of mobile plant, regardless of which part of the mobile plant is against the ground when it comes to rest:

(28)

any unintended movement or brake failure of mobile plant that could have caused serious injury:

(29)

any occasion on which mobile plant breaches a safety berm or windrow:

(29A)

any loss of control of autonomous mobile plant:

(30)

a failure of any part of a powered shaft winding system causing danger:

(31)

the sinking of any waterborne craft:

Schedule 5 paragraph (29A): inserted, on 18 July 2022, by regulation 125(8) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Shot-firing

(32)

any incident in which any part of an explosive charge, after initiation, fails to completely detonate (misfires):

(33)

any unplanned or premature ignition of a shot:

(34)

any accident where a person suffers injury or dies as a result of shot-firing:

(35)

any accident where material is projected beyond the declared danger zone or otherwise exposes any person to danger during blasting operations:

Schedule 5 paragraph (32): replaced, on 18 July 2022, by regulation 125(9) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Electricity

(36)

unintended contact of any mobile plant with conductors, whether overhead or underground:

(37)

any occurrence of electrical arcing or electric shock:

(38)

any automatic isolation of electricity or shutdown of mobile plant under regulation 201:

Fatality

(39)

any fatality.

Compare: SR 2013/483 Schedule 8

Schedule 6 Particulars of notifiable events

r 226(1), (2)

1 Particulars of operation

(1)

Mining operation, quarrying operation, or alluvial mining operation: [include location]

(2)

Particulars of relevant operator: [name, business address, telephone number, and email address]

(3)

For a mining operation, a quarrying operation, or an alluvial mining operation, particulars of responsible person: [name, business address, telephone number, and email address]

Schedule 6 clause 1: replaced, on 18 July 2022, by regulation 126(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

2 Description of notifiable event

(1)

Where and how did the notifiable event occur? [describe the events leading up to the notifiable event]

(2)

Has an investigation been carried out? Yes/No

(3)

Describe any hazards involved:

(4)

Were any of the hazards a principal hazard? Yes/No

(5)

Identify the hazards that were principal hazards:

3 Particulars of notifiable event

(1)

Location within mining operation, quarrying operation, or alluvial mining operation where notifiable event occurred:

(2)

Time and date of notifiable event:

(3)

Shift: [select 1 of the following:

day
afternoon
night]

(4)

Hours worked since arrival at work (if notifiable event involves a worker):

(5)

Description of any plant involved in notifiable event: [include make and model]

(6)

Type of notifiable injury or illness or fatality (if applicable): [indicate the type of notifiable injury or illness or fatality]

(7)

Name of injured person or deceased person (if any):

(8)

Was a notifiable event involved? Yes/No

Schedule 6 clause 3(1): amended, on 18 July 2022, by regulation 126(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

4 Additional particulars required in cases of notifiable injury or illness or fatality

Particulars of affected person

(1)

Residential address:

(2)

Date of birth:

(3)

Sex:

(4)

Occupation or job title:

(5)

Self-employed: Yes/No

(6)

Employer:

(7)

Period of employment (employees only): [select 1 of the following:

first week
first month
1–6 months
6 months–1 year
1–5 years
over 5 years]

Particulars of injury (if any)

(8)

Treatment: [select 1 of the following:

none
first aid only
doctor but no hospitalisation
hospitalisation]

(9)

Body part affected: [select 1 or more of the following:

head
neck
trunk
upper limb
lower limb
multiple locations
systemic internal organs]

(10)

Nature of notifiable injury or illness (if applicable) or cause of notifiable incident (if fatality): [select 1 or more of the following:

spine fracture
fracture other than spine fracture
dislocation
sprain or strain
head injury
internal injury of trunk
amputation (including eye)
open wound
superficial injury
bruising or crushing
foreign body
burns
nerves or spinal cord
multiple injuries
puncture wound
poisoning or toxic effects
damage to artificial aid
disease, nervous system
disease, musculoskeletal system
disease, skin
disease, digestive system
disease, infectious or parasitic
disease, respiratory system
disease, circulatory system
tumour (malignant or benign)
mental disorder
other injury or illness (not listed above)]

Schedule 6 clause 4(10): amended, on 18 July 2022, by regulation 126(3)(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Schedule 6 clause 4(10): amended, on 18 July 2022, by regulation 126(3)(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Further particulars of notifiable event

(11)

Mechanism of notifiable injury or illness (if applicable) or notifiable incident (if fatality): [select 1 or more of the following:

fall, trip, or slip
animal, human, biological agency (other than bacteria or virus)
bacteria or virus
sound or pressure
body stressing
biological factors
mental stress
hitting objects with part of the body
being hit by moving objects
heat, radiation, or energy
chemicals or other substances
other mechanism (not listed above)]

Schedule 6 clause 4(11): amended, on 18 July 2022, by regulation 126(4)(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Schedule 6 clause 4(11): amended, on 18 July 2022, by regulation 126(4)(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

(12)

Agency of notifiable injury or illness or notifiable incident (if fatality): [select 1 or more of the following:

machinery or (mainly) fixed plant
mobile plant or transport
powered equipment, tool, or appliance
non-powered handtool, appliance, or equipment
chemical or chemical product
material or substance
environmental exposure (for example, dust or gas)
animal, human, or biological agency (other than bacteria or virus)
bacteria or virus
other agency (not listed above)].

Schedule 6 clause 4(12): amended, on 18 July 2022, by regulation 126(5)(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Schedule 6 clause 4(12): amended, on 18 July 2022, by regulation 126(5)(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Compare: SR 2013/483 Schedule 7

Schedule 7 High-risk activities

r 229

Item	Applies to	High-risk activity		Length of time between notification and when activity can be undertaken
1	All mining operations	Commencement of highwall mining		1 month
		Entering a highwall mining excavation		48 hours
2	All mining operations	Shot-firing underground, where shot-firing has not been undertaken within a year before the intended time of shot-firing		7 days
3	All mining operations	Commissioning or use of mine shaft and winding systems plant		3 months
4	Underground mining operations and tunnelling operations	Working within inrush control zones or before drilling in circumstances covered by regulation 132		1 month
5	Underground mining operations and tunnelling operations	Entry by any mine worker into any sealed area of the underground parts of the mining operation		7 days
6	Underground metalliferous mining operations and tunnelling operations where methane has been detected	Hot work in the underground parts of the mining operation		1 month before first hot work covered existing by hot work approval system 24 hours before each occasion of hot work covered by an existing hot work approval system thereafter
7	Underground mining operations	Single entry development (being the development of a roadway or a drift for more than 200 metres without forming an intersection)		1 month
8	Underground mining operations	Shaft or drift sinking, raise boring or development of a new entry to the underground parts of the mining operation		3 months
9	Underground mining operations	The use of voltages in excess of 1 200 V in ERZ1 for electrical plant other than electrical plant and cables associated with longwall mining		3 months
10	Underground metalliferous mining operations	Newly devised method of mining a rise involving drill and blast and entry to the rise		1 month
11	Coal mining operations	The establishment or discontinuance of emplacement areas		3 months
12	Coal mining operations	Secondary workings:		3 months
		•	pillar or pillar dimension reduction
		•	longwall
		•	miniwall
		•	shortwall
13	Underground coal mining operations	Injection or application of polymeric material for ventilation or strata		24 hours
14	Underground coal mining operations	Driving an underground roadway with a width greater than 5.5 metres		7 days
15	Underground coal mining operations	Widening an existing underground roadway		7 days
16	Underground coal mining operations	Installation of a booster fan underground		3 months
17	Underground coal mining operations	Hot work in a NERZ or an ERZ1		1 month before first hot work covered by existing hot work approval system 24 hours before each occasion of existing hot work covered by a hot work approval system thereafter
18	Underground coal mining operations	Live electrical work in an ERZ0 or a ERZ1		7 days before first live electrical work covered by existing live electrical work approval system 24 hours before each occasion of live electrical work covered by existing live electrical wo

List of access keys

Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016

Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016

Order in Council

Note

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Contents

Regulations

1 Title

2 Commencement

Part 1 Preliminary provisions and declaration of excluded tunnelling operations

Interpretation

3 Interpretation

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