(1) Every employer must take all practicable steps to ensure that—

• (a) an inspector is notified of the matters specified in subclauses (2) to (5) at the times specified in those subclauses; and

• (b) every notification includes details as to—

  • (i) the location of the operation:

  • (ii) the nature of the operation:

  • (iii) the proposed date of commencement, recommencement, installation, or cessation:

  • (iv) the name of the manager and acting manager of the operation:

  • (v) addresses and numbers to be used to communicate with the operation.

(2) 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 less than 24 hours before the proposed date of commencement. In any other case, the notification must be given not less than 14 days before the proposed date of commencement.

(3) The second matter is the proposed date of recommencement of an operation that has not operated within the 3 months immediately before that date. The notification must be given not less than 14 days before the proposed date of recommencement.

(4) The third matter is the proposed date of installation, in a mine or tunnel, of—

• (a) a shaft; or

• (b) a winding system.

The notification must be given not less than 14 days before the proposed date of installation.

(5) The fourth matter is the proposed date of cessation of an operation. In the case of an operation that has been conducted for fewer than 3 months, the notification must be given not less than 24 hours before the proposed date of cessation. In any other case, the notification must be given not less than 14 days before the proposed date of cessation.

Every employer must take all practicable steps to ensure that a copy of the register referred to in section 25(1) of the Act is provided to an inspector at intervals of not more than 6 months.

For the purposes of section 25(2)(b) of the Act, every accident must be notified to the Secretary if it occurs at an operation and involves—

• (a) any explosion or ignition of coal dust or gas:

• (b) any fire or spontaneous heating:

• (c) any unplanned outburst of gas or water:

• (d) any unplanned contact with harmful chemicals:

• (e) winding plant, including a case of over-winding:

• (f) the loss of control of a vehicle:

• (g) the trapping of an employee:

• (h) any structural failure:

• (i) any unplanned fall of ground:

• (j) any major collapse of any part of the mine workings:

• (k) any uncontrolled accumulation of flammable or noxious gas:

• (l) any failure of a main ventilation fan for more than 30 minutes:

• (m) a case of electric shock requiring medical treatment.

(1) Every employer must take all practicable steps to ensure that a plan is made of every operation.

(2) The plan must—

• (a) be prepared to a suitable scale; and

• (b) be kept at the site office; and

• (c) be available for inspection at all times at which an employee is present at the operation; and

• (d) be updated at least once in every period of 6 months; and

• (e) be copied to an inspector—

  • (i) as soon as practicable after the date of completion; and

  • (ii) at intervals of 12 months after that date; and

• (f) include details of—

  • (i) the route and voltage of all cables (excluding trailing cables); and

  • (ii) the position of all major switchgear.

(1) Every employer must take all practicable steps to ensure that, immediately following the abandonment of a mine or tunnel, a plan is made of the operation.

(2) The plan must be—

• (a) prepared to a suitable scale; and

• (b) correct as at the date of abandonment; and

• (c) copied to an inspector.

Every employer must take all practicable steps to ensure that the plans prepared under regulations 11 and 12 include such details as exist of—

• (a) every restricted zone:

• (b) tenure boundaries:

• (c) the angle of inclination, datum level at the collar, depth, and location of every borehole or shaft in which there may be cables or any other such services:

• (d) the direction, extent, and location of every known barrier, fault, intrusive dyke, old workings, washout, or water accumulation:

• (e) the floor levels and location of every traverse station:

• (f) the angle of dip, direction, nature, and thickness of every coal seam:

• (g) the cross and longitudinal sections of every level and lode:

• (h) the horizontal and vertical sections of the ventilation system, including details of—

  • (i) the direction of air flow; and

  • (ii) the locations where the measurements required by regulation 29 must be made; and

  • (iii) the location and description of every device used to regulate or distribute air; and

  • (iv) the location of emergency escape ways, first-aid stations, refuge bays, and rescue facilities:

• (i) the separation distances between shafts:

• (j) the location of every stationary device that gives access to the general communication system:

• (k) an indication of every location at which it is proposed to develop the operation within the next 12 months.

Every employer must take all practicable steps to ensure that a record, entitled an operations record,—

• (a) is kept at the site office; and

• (b) is available for inspection by an employee at any time at which an employee is present at the operation; and

• (c) records—

  • (i) the date, time, and findings of every examination required by regulation 16, and any action taken as a result of the examination; and

  • (ii) the measurements required by regulation 29; and

  • (iii) the readings required by regulation 37; and

  • (iv) the details of every misfired shot; and

  • (v) the measurements required by regulation 40(f), and the number of employees in each split at the time the measurements are taken; and

  • (vi) the measurements required by regulation 40(g); and

  • (vii) the time, duration, and location of every disconnection occurring under regulation 58(a).

Every employer must take all practicable steps to ensure that—

• (a) no employee is allowed to enter a mine or tunnel without the permission of the manager or acting manager; and

• (b) an accurate record is made of every employee's entry into, and exit from, a mine or tunnel; and

• (c) the record, or a copy of it, is kept at the entry point.

Every employer must take all practicable steps to 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 mine or tunnel where an employee is or will be present; and

  • (ii) at least weekly, every accessible area of the mine or tunnel, including every area containing barriers, machinery, seals, underground or surface infrastructure, and ventilation stoppings; and

  • (iii) at least weekly, every vehicle in the mine or tunnel; and

• (b) takes all practicable steps to eliminate, isolate, or minimise any significant hazard identified during the examination; and

• (c) ensures that every vehicle examined either is safe or is made safe.

Every employer must take all practicable steps to ensure that a competent person visits or contacts an employee required to be alone in a mine or tunnel at least twice during each working shift.

Every employer must take all practicable steps to ensure that the main airways of a mine or tunnel are separated sufficiently to ensure—

• (a) stability; and

• (b) ventilation to the standards required by regulation 28(a) and (b).

Every employer must take all practicable steps to ensure that—

• (a) a barometer and thermometer are placed above ground in a conspicuous position near the entrance to every mine or tunnel; and

• (b) a hygrometer is available for use both in the main intake airway and in the main return airway of every mine or tunnel.

(1) Every employer must take all practicable steps to ensure that testing for the presence of flammable gas in a mine or tunnel is carried out—

• (a) as often as practicable; and

• (b) with a suitable device.

(2) Every employer must take all practicable steps to ensure that,—

• (a) if locked flame safety lamps are used to test for the presence of flammable gas in a mine or tunnel, there are in place suitable procedures dealing with—

  • (i) their safe use for that purpose; and

  • (ii) their examination and maintenance:

• (b) if electronic detection devices are used to test for the presence of flammable gas in a mine or tunnel, there are in place suitable procedures dealing with—

  • (i) their safe use for that purpose; and

  • (ii) their examination and maintenance; and

  • (iii) their regular calibration.

(1) This regulation applies when—

• (a) the employee for the time being in charge of the whole of a mine or tunnel has reason to believe that flammable gas in the general body of air in the mine or tunnel is 2% by volume or more; or

• (b) the employee for the time being in charge of a part of a mine or tunnel has reason to believe that flammable gas in the general body of air in that part of the mine or tunnel is 2% by volume or more.

(2) Every employer must take all practicable steps to ensure that—

• (a) every employee in the mine or tunnel or, as the case requires, the part of the mine or tunnel, withdraws from it; and

• (b) the only persons who enter the mine or tunnel or, as the case requires, the part of the mine or tunnel, are—

  • (i) a competent person who must enter to test for the presence of flammable gas; or

  • (ii) an employee who must enter to inquire into the cause of the presence of the flammable gas or to remove the flammable gas; and

• (c) no other employee enters the mine or tunnel or, as the case requires, the part of the mine or tunnel, until a competent person reports to the manager or acting manager that it is safe.

Every employer must take all practicable steps to ensure that—

• (a) suitable self-rescue units are provided and maintained in good order and condition in every mine and tunnel; and

• (b) every employee who enters a mine or tunnel has a self-rescue unit immediately available for use at all times while underground; and

• (c) every employee who enters a mine or tunnel has received sufficient training in the use of the self-rescue unit provided.

(1) Every employer must take all practicable steps to ensure that—

• (a) every mine or tunnel has suitable and sufficient outlets providing means of entry and exit for every employee in the mine or tunnel; and

• (b) the suitability and sufficiency of the outlets are determined having regard to the factors in subclause (2).

(2) The factors are—

• (a) the size of the mine or tunnel; and

• (b) the maximum number of employees likely to be in the mine or tunnel at any one time; and

• (c) the need to have at least 2 outlets that are separate from each other but that interconnect; and

• (d) the need to have at least—

  • (i) 1 outlet that can be traversed on foot for the purpose of entry and exit; and

  • (ii) 1 other outlet that has a mechanical means of entry and exit.

Every employer must take all practicable steps to ensure, in relation to every outlet required by regulation 23(1), that equipment for raising or lowering employees to or from the surface is—

• (a) suitable for the purpose; and

• (b) ready for immediate use.

(1) Every employer must take all practicable steps to ensure that drill holes of sufficient length to indicate a dangerous proximity are kept in advance of a working in a mine or tunnel that is approaching—

• (a) old workings; or

• (b) a place containing or likely to contain an accumulation of flammable or noxious gases, or an accumulation of water or mud.

(2) Subclause (3) applies when it is likely that a working in a mine or tunnel will break through into a place containing or likely to contain an accumulation of water or material that flows when wet.

(3) Every employer must take all practicable steps to 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 6 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.

Every employee who holes into old workings in a mine or tunnel must take all practicable steps to ensure that—

• (a) first, the hole is stopped up immediately; and

• (b) second, the manager or acting manager is notified.

Every employer must take all practicable steps to ensure that, if the workings in a mine or tunnel are liable to an inundation or an inburst of water or material that flows when wet, such additional chambers, drives, shafts, or other workings are provided as are necessary to ensure that employees in the mine or tunnel can escape safely.

Every employer must take all practicable steps to ensure, in relation to every mine or tunnel, that—

• (a) there is fresh air in every place in which an employee is present or through which an employee passes; and

• (b) the 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.

Every employer must take all practicable steps to ensure that, at least once in every week, a competent person—

• (a) measures, at the locations referred to in the plan of the operation required under regulation 13(h)(ii), the quantity of air being delivered and exhausted by main and auxiliary fans in the mine or tunnel; and

• (b) determines whether air is being recirculated in the mine or tunnel, and takes suitable action to stop any such recirculation.

Every employer must take all practicable steps to ensure that every ventilation fan (other than an auxiliary fan) in a mine or tunnel is provided with—

• (a) a suitable instrument to measure pressure differential; and

• (b) an automatic indicator registering the number of revolutions per minute of the fan.

Every employer must take all practicable steps to ensure, in relation to every mine or tunnel, 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 simultaneously to ventilate the same face,—

  • (i) the forcing auxiliary fan is installed more than 15 metres from the face; and

  • (ii) the capacity of the forcing auxiliary fan is less than one-third of the capacity of the exhaust auxiliary 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 driven by electricity or otherwise, is constructed in such a way as to prevent the possibility of an accumulation of an electrostatic charge; and

• (g) no employee starts, stops, or adjusts an auxiliary fan without a competent person's permission; and

• (h) if an auxiliary fan is installed in a place, no employee 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.

(1) Every employer must take all practicable steps to ensure that, if the mechanical ventilation device fails in part of a mine or tunnel,—

• (a) every employee in that part withdraws from it to a part where a mechanical ventilation device is working; and

• (b) no employee enters that part of the mine or tunnel except for the purposes of—

  • (i) dealing with the failure of the mechanical ventilation device; or

  • (ii) testing whether or not that part is safe; and

• (c) no other employee enters that part until a competent person reports to the manager or acting manager that that part is safe.

(2) Every employer must take all practicable steps to ensure that, if the mechanical ventilation device fails in part of a mine or tunnel for more than 30 minutes, or in the whole of the mine or tunnel,—

• (a) every employee in the mine or tunnel withdraws from it; and

• (b) no employee enters the mine or tunnel except for the purposes of—

  • (i) dealing with the failure of the mechanical ventilation device; or

  • (ii) testing whether or not the mine or tunnel is safe; and

• (c) no other employee enters the mine or tunnel until a competent person reports to the manager or acting manager that the mine or tunnel is safe.

(1) Every employer must take all practicable steps to ensure that the equipment listed in subclause (2) is not taken into or used in a mine or tunnel, unless procedures relating to its safe use in mines or tunnels are in place and are complied with.

(2) The equipment is—

• (a) battery charging equipment:

• (b) gas cutting equipment:

• (c) power tools:

• (d) static compressors:

• (e) welding equipment.

Every employer must take all practicable steps to ensure that—

• (a) all explosives in a mine or tunnel are, at all times, the immediate responsibility of a competent person; and

• (b) explosives are not taken into, or used, in a mine or tunnel unless procedures relating to their storage, transportation, and use are in place and are complied with.

Every employer must take all practicable steps to ensure that no device or material, including smoking materials, likely to cause a spark or naked flame is taken into or used in a coal mine or a gassy mine.

Every employer must take all practicable steps to ensure, in relation to every coal mine or gassy mine, that—

• (a) the roof, floor, and sides of every accessible part of the mine are treated with incombustible dust in such a way as to ensure that dust on the roof, floor, and sides does not exceed 30% of combustible matter (unless the mine is naturally wet in every accessible part); and

• (b) a monitoring system, of a kind that will ensure early detection of spontaneous combustion, is maintained; and

• (c) water or stone dust barriers, of a kind that will limit the development and contain any ignition of coal dust or flammable gas, are erected at suitable sites.

Every employer must take all practicable steps to ensure that a competent person reads the barometer, hygrometer, and thermometer at a coal mine or a gassy mine during the examinations required by regulation 16.

(1) Every employer must take all practicable steps to ensure that testing for the presence of flammable gas—

• (a) is continuous at every working face of a coal mine or a gassy mine at which—

  • (i) flammable gas has been, or is likely to be, detected; and

  • (ii) an employee is present; and

• (b) is also carried out when required by regulation 20(1)(a).

(2) Regulation 20(1)(b) and (2) applies to testing for flammable gas under subclause (1)(a).

Every employer must take all practicable steps to ensure that—

• (a) there is constant monitoring for flammable gas at every mining and tunnel boring machine used in a coal mine or a gassy mine; and

• (b) a method is provided to disconnect the electricity supply from the machine if the level of flammable gas at the machine exceeds 1.25% by volume.

Every employer must take all practicable steps to ensure, in relation to every gassy mine, that—

• (a) the percentage of flammable gas in the general body of air in the mine is not more than 1.25% by volume; and

• (b) a quantity of fresh air adequate to ensure that paragraph (a) is complied with is circulated—

  • (i) before an employee enters the mine; and

  • (ii) continuously whenever an employee is in the mine; and

• (c) the air at the commencement of the restricted zone in the intake airways is kept free from flammable gas; 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 employees 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 flammable gas in the main return and split returns; and

• (g) a competent person measures, at least once in every month, the quantity of air—

  • (i) in the main current; and

  • (ii) in every split; and

  • (iii) at the beginning of the main return airway; and

  • (iv) from each ventilating district; and

  • (v) at any additional place identified by the employer as a hazard.

Every employer must take all practicable steps to ensure that every electrical system in a mine or tunnel is so constructed, used, and maintained as not to be a cause or source of harm to any employee.

Every employer must take all practicable steps to ensure that appropriate precautions are taken, for example, by earthing, to minimise the likelihood of harm arising from material (other than conductors) becoming electrically charged in a mine or tunnel.

Every employer must take all practicable steps to ensure that such precautions are taken in relation to the placement, insulation, and use of every conductor in a mine or tunnel as to minimise the likelihood that the conductor will be a cause or source of harm to any employee.

Every employer must take all practicable steps to ensure that every joint and connection in an electrical system in a mine or tunnel is suitable and safe for use.

Every employer must take all practicable steps to ensure, in relation to every mine or tunnel, that—

• (a) every part of every electrical system is protected from an excess of electric current; and

• (b) the maximum earth fault current in an electrical system whose voltage is 400 volts or greater, or that is used to supply mobile electrical plant, is limited to as low a value and as short a time as is reasonably practicable.

Every employer must take all practicable steps to ensure, in relation to every mine or tunnel, that—

• (a) no electrical equipment is used in circumstances in which its strength and capability may be exceeded in such a way as to cause a possibility of harm to any employee; and

• (b) electrical equipment is so constructed and protected as to minimise the likelihood that it will be a cause or source of harm to any employee, if it may be exposed to—

  • (i) mechanical damage; or

  • (ii) the effects of natural hazard, pressure, temperature, or weather; or

  • (iii) the effects of corrosive, dirty, dusty, or wet conditions; or

  • (iv) an explosive or flammable substance, including dust, gas, or vapour.

(1) Every employer must take all practicable steps to ensure, in relation to every mine or tunnel, that—

• (a) suitable means are available for disconnecting and separating all electrical equipment from any source of electrical energy that could be a cause or source of harm to any employee. The means must be such that the disconnection and separation are secure; and

• (b) suitable means are available for cutting off the supply of electricity to any electrical equipment when the equipment could be a cause or source of harm to any employee.

(2) Every employer must take all practicable steps to ensure, in relation to every mine or tunnel, that precautions are taken, when necessary, to prevent the occurrence of any significant hazard that may be caused by, or may arise out of, electrical equipment that is itself a source of electrical energy.

Every employer must take all practicable steps to ensure that every work activity in a mine or tunnel is carried out by a competent person in a manner that does not cause harm or constitute a source of harm to any employee.

(1) This regulation applies to electrical equipment that is in a mine or tunnel and that has been made dead in order to prevent harm while work is carried out on or near the equipment.

(2) Every employer must take all practicable steps to ensure that adequate precautions are taken to prevent such equipment from being electrically charged during the work, if that occurrence could be a cause or source of harm to any employee.

Every employer must take all practicable steps to ensure that all clothing or equipment provided to protect employees from harm that may be caused by, or may arise out of, an electrical hazard in a mine or tunnel is—

• (a) suitable for the purpose; and

• (b) used by employees for the purpose whenever the circumstances require its use; and

• (c) maintained in such a way as to make it safe to use.

Every employer must take all practicable steps to ensure that no employee carries out work in a mine or tunnel on a bare live conductor, or so near the conductor as to make it likely that the conductor will be a cause or source of harm to the employee, unless—

• (a) it is unreasonable in all the circumstances for the conductor to be isolated and earthed; and

• (b) it is reasonable in all the circumstances for the employee to work on or near the conductor while it is live; and

• (c) suitable precautions, including the use of suitable protective equipment, are taken to prevent injury to the employee.

Every employer must take all practicable steps to ensure that, if electrical equipment (other than a communication or monitoring system) is installed in a mine or tunnel, switchgear is provided that—

• (a) has the purpose of cutting off the supply of electricity to the equipment; and

• (b) is located at the surface; and

• (c) has readily accessible controls located near the entrance to the mine or tunnel.

Every employer must take all practicable steps to ensure that electrical equipment that uses oil as a means of arc suppression, cooling, or insulation is not installed or used in a mine or tunnel.

Every employer must take all practicable steps to ensure, in relation to every mine or tunnel, that suitable and sufficient fire extinguishers are provided beside all high voltage electrical equipment and, if a significant risk of fire exists, beside all other electrical equipment.

(1) Every employer must take all practicable steps to ensure that electrical equipment used in a restricted zone is of a kind to which either subclause (2) or subclause (3) applies.

(2) This subclause applies to electrical equipment—

• (a) that meets the essential requirements of European Council Directive 94/9/EC or Directive 82/130/EEC; and

• (b) that has a certificate of conformity or a certificate of inspection showing compliance with all the applicable harmonized European standards; and

• (c) in respect of which every condition specified on the certificate and by the manufacturer has been complied with.

(3) This subclause applies to electrical equipment—

• (a) that has received a certificate of conformity from a testing station accredited by Standards Australia, showing that the equipment complies with Australian Standard AS 2380 for group I electrical equipment for use in mines susceptible to methane; and

• (b) in respect of which every condition specified on the certificate of conformity and by the manufacturer has been complied with.

(4) Every employer must take all practicable steps to ensure that no electrical equipment in a restricted zone is opened so that a live conductor is exposed to the surrounding atmosphere, if the conductor is not safeguarded in such a way as to prevent a spark or thermal effect produced in the equipment from causing ignition of an explosive mixture of air and flammable gas or vapour.

(1) Every employer must take all practicable steps to ensure that any electric safety lamp taken into or used in a gassy mine—

• (a) complies with European Community Standard EN 50033, as shown by a certificate of conformity from an approved certification body of the European Community; and

• (b) complies with all the conditions specified by the certificate of conformity and by the manufacturer.

(2) Every employer must take all practicable steps to ensure that the following equipment is not taken into or used in a gassy mine unless it complies with subclause (3):

• (a) an electric gas detector:

• (b) signalling equipment:

• (c) a telephone:

• (d) any equipment necessary for any of the equipment referred to in paragraphs (a) to (c) to operate:

• (e) any electrical equipment required for the safety of employees (other than an electric safety lamp).

(3) For the purposes of subclause (2), equipment complies with this subclause if it is of a kind that—

• (a) is safeguarded in such a way as to prevent a spark or thermal effect produced in the safety equipment, or its source of electricity, from causing ignition of an explosive mixture of air and flammable gas or vapour; and

• (b) complies with either or both of regulation 55(2) or (3).

(1) This regulation applies to electrical equipment that does not comply with regulation 55, but that is required to be used occasionally in 1 or more areas in a gassy mine for measuring, monitoring, recording, or testing.

(2) Every employer must take all practicable steps to ensure that equipment to which this regulation applies is—

• (a) taken into an area in the mine only under the personal supervision of a competent person; and

• (b) used in an area in the mine only when the percentage of flammable gas in the general body of the air in the area is less than 0.25% by volume; and

• (c) maintained so as to remain safe throughout the entire period of its use in the area in the mine.

(3) Every employer must take all practicable steps to ensure that a competent person who takes equipment to which this regulation applies into an area in a gassy mine tests for gas before the equipment is switched on and continuously during its use.

Every employer must take all practicable steps to ensure that,—

• (a) if at any time the percentage of flammable gas in the general body of air in any place in a gassy mine exceeds 1.25% by volume, all electrical equipment in the place, other than safety equipment required or designed to be safe for use at all times, is disconnected from the supply of electricity until a competent person considers it is safe to reconnect the electricity:

• (b) if the main ventilation fan fails, the electricity supply to the gassy mine is disconnected until the main ventilation fan is restored and a competent person considers it is safe to reconnect the electricity.

(1) This regulation applies to remote controls or electric interlock circuits associated with plug and socket couplings.

(2) Every employer must take all practicable steps to ensure that every such control or circuit in a gassy mine is safeguarded in such a way as to prevent a spark or thermal effect produced in the circuit from causing ignition of an explosive mixture of air and flammable gas or vapour.

(1) The provisions to which this regulation applies are regulations 8 to 59.

(2) The provisions referred to in subclause (1) are provisions to which section 50 of the Act applies. (Section 50 provides that every person who fails to comply with a provision to which that section is declared to apply commits an offence and is liable on conviction to a fine.)