Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016
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Version as at 18 July 2025
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.
Contents
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
A-grade alluvial mining operation means an alluvial mining operation at which the alluvial mine manager is required by regulation 22 to hold a certificate of competence as an A-grade alluvial mine manager
A-grade quarrying operation means a quarrying operation at which the quarry manager is required by regulation 21 to hold a certificate of competence as an A-grade quarry manager
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
safe work instrument means an instrument approved by the Minister under section 227 of the Act
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) A-grade alluvial mining operation: inserted, on 18 July 2023, by regulation 130 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 3(1) A-grade quarrying operation: replaced, on 18 July 2024, by regulation 208 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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) safe work instrument: inserted, on 18 July 2023, by regulation 130 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)
a 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 metalliferous mine 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 metalliferous mine manager or a B-grade metalliferous mine manager:
(c)
if appointed for a tunnelling operation, the site senior executive must have successfully completed any additional competencies prescribed in accordance with regulation 34(2)(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(1)(a): amended, on 18 July 2023, by regulation 131(1) 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).
Regulation 8(2)(b)(ii): replaced, on 18 July 2025, by regulation 210 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 8(2)(b)(iii): replaced, on 18 July 2025, by regulation 210 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 8(2)(c): amended, on 18 July 2023, by regulation 131(4) 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 metalliferous mine 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 metalliferous mine manager; or
(b)
a certificate of competence as a B-grade metalliferous mine 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.
(6)
If additional or alternative requirements are prescribed in accordance with regulation 34(5) for a certificate of competence under this regulation, the manager must hold a current certificate of competence for which those additional or alternative requirements have been met.
Compare: SR 2013/483 r 17
Regulation 17(2): amended, on 18 July 2025, by regulation 211(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 17(2): amended, on 18 July 2023, by regulation 132(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 17(3)(a): replaced, on 18 July 2025, by regulation 211(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 17(3)(b): replaced, on 18 July 2025, by regulation 211(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 17(6): inserted, on 18 July 2023, by regulation 132(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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.
(3)
If additional or alternative requirements are prescribed in accordance with regulation 34(5) for a certificate of competence under this regulation, the manager must hold a current certificate of competence for which those additional or alternative requirements have been met.
Compare: SR 2013/483 r 18
Regulation 18(3): inserted, on 18 July 2023, by regulation 133 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
19 Certificate of competence of manager of opencast coal mining operation
(1)
A manager appointed to an opencast coal mining operation must hold a certificate of competence as an A-grade opencast coal mine manager.
(2)
If additional or alternative requirements are prescribed in accordance with regulation 34(5) for a certificate of competence under this regulation, the manager must hold a current certificate of competence for which those additional or alternative requirements have been met.
Compare: SR 2013/483 r 19
Regulation 19(2): inserted, on 18 July 2023, by regulation 134 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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.
(3)
If additional or alternative requirements are prescribed in accordance with regulation 34(5) for a certificate of competence under this regulation, the manager must hold a current certificate of competence for which those additional or alternative requirements have been met.
Compare: SR 2013/483 r 20
Regulation 20(3): inserted, on 18 July 2023, by regulation 135 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
21 Certificate of competence of manager of quarrying operation
(1)
A manager appointed to a quarrying operation must hold a certificate of competence as an A-grade quarry manager.
(2)
Despite subclause (1), a manager appointed to a quarrying operation in which no more than 4 quarry workers ordinarily work at any one time may hold—
(a)
a certificate of competence as a B-grade quarry manager; or
(b)
if no explosives are used in the quarrying operation, a certificate of competence as a manager to manage that quarry (with the certificate specifying the quarry).
(3)
If additional or alternative requirements are prescribed in accordance with regulation 34(5) for a certificate of competence under this regulation, the manager must hold a current certificate of competence for which those additional or alternative requirements have been met.
(4)
In subclause (2), quarry worker—
(a)
means a worker at a quarrying operation who is involved with—
(i)
extracting any material, other than coal or any mineral, from the earth; or
(ii)
processing any material, other than coal or any mineral, at the place where the material is extracted; but
(b)
excludes—
(i)
the quarry manager appointed under regulation 14; and
(ii)
any worker at the quarrying operation who is not involved in extracting or processing any material from the earth (for example, an office worker).
Regulation 21: replaced, on 18 July 2024, by regulation 209 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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 an A-grade alluvial mine manager.
(2)
A manager appointed to an alluvial mining operation in which no more than 4 alluvial mine workers ordinarily work at any one time may hold—
(a)
a certificate of competence as a first-class mine manager; or
(b)
a certificate of competence as an A-grade quarry manager; or
(c)
a certificate of competence as a B-grade quarry manager; or
(d)
a certificate of competence as a B-grade alluvial mine manager.
(3)
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)
a certificate of competence as a first-class mine manager; or
(b)
a certificate of competence as an A-grade quarry manager.
(4)
If additional or alternative requirements are prescribed in accordance with regulation 34(5) for a certificate of competence under this regulation, the manager must hold a current certificate of competence for which those additional or alternative requirements have been met.
(5)
In this regulation, alluvial mine worker—
(a)
means an above-ground worker who is involved with—
(i)
extracting gold from river deposits of sand or gravel; or
(ii)
extracting ironsand from sand or gravel; or
(iii)
processing material (at the place where it is extracted)—
(A)
to extract gold from river deposits of sand or gravel; or
(B)
to extract ironsand from sand or gravel; but
(b)
does not include—
(i)
a worker (for example, an office worker) who works at the alluvial mining operation, but who is not involved with extracting gold or ironsand, or processing gold or ironsand; or
(ii)
the manager appointed under regulation 15.
Regulation 22: replaced, on 18 July 2023, by regulation 137 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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.
(2AAA)
If additional or alternative requirements are prescribed in accordance with regulation 34(5) for a certificate of competence required by this regulation, the electrical superintendent must hold a current certificate of competence for which those additional or alternative requirements have been met.
(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(2AAA): inserted, on 18 July 2023, by regulation 138 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.
(2AAA)
If additional or alternative requirements are prescribed in accordance with regulation 34(5) for a certificate of competence required by this regulation, the mechanical superintendent must hold a current certificate of competence for which those additional or alternative requirements have been met.
(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(2AAA): inserted, on 18 July 2023, by regulation 139 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.
(3A)
If additional or alternative requirements are prescribed in accordance with regulation 34(5) for a certificate of competence required by this regulation, the mine surveyor must hold a current certificate of competence for which those additional or alternative requirements have been met.
(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(3A): inserted, on 18 July 2023, by regulation 140 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.
(2A)
If additional or alternative requirements are prescribed in accordance with regulation 34(5) for a certificate of competence required by this regulation, the ventilation officer must hold a current certificate of competence for which those additional or alternative requirements have been met.
(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).
Regulation 29(2A): inserted, on 18 July 2023, by regulation 141 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.
(2AAA)
If additional or alternative requirements are prescribed in accordance with regulation 34(5) for a certificate of competence required by this regulation, the underviewer must hold a current certificate of competence for which those additional or alternative requirements have been met.
(2A)
This regulation does 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(2AAA): inserted, on 18 July 2023, by regulation 142(1) 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(2A): amended, on 18 July 2023, by regulation 142(2) 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 the 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 metalliferous mine manager, an A-grade metalliferous mine 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.
(5A)
If additional or alternative requirements are prescribed in accordance with regulation 34(5) for a certificate of competence required by this regulation, the supervisor must hold a current certificate of competence for which those additional or alternative requirements have been met.
(6)
Despite subclauses (2) to (5A), 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): replaced, on 18 July 2025, by regulation 212 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(5A): inserted, on 18 July 2023, by regulation 143(2) 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 2023, by regulation 143(3) 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 must appoint a gas monitor for the operation.
(2)
The operator and the person appointed must ensure that the gas monitor holds at least 1 of the following certificates of competence:
(a)
gas monitor:
(b)
first-class coal mine manager:
(c)
coal mine underviewer:
(d)
coal mine deputy.
(3)
If additional or alternative requirements are prescribed in accordance with regulation 34(5) for a certificate of competence required by this regulation, the gas monitor must hold a current certificate of competence for which those additional or alternative requirements have been met.
(4)
The mine operator must ensure that, whenever drilling is being carried out at the operation, the gas monitor is present and monitoring for the presence of methane.
(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: replaced, on 18 July 2023, by regulation 144 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 mine 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.
(1A)
If additional or alternative requirements are prescribed in accordance with regulation 34(5) for a certificate of competence required by this regulation, the mine worker must hold a current certificate of competence for which those additional or alternative requirements have been met.
(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 2023, by regulation 145(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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).
Regulation 32(1A): inserted, on 18 July 2023, by regulation 145(2) 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 competency requirements
Subpart 4 heading: amended, on 18 July 2023, by regulation 146 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
34 Prescribed competency requirements
(1)
Competency requirements for certificates of competence and other competency requirements, for the purposes of these regulations or Schedule 3 of the Act, are the requirements prescribed in a safe work instrument approved under section 227 of the Act.
(2)
Prescribed competency requirements may specify the following:
(a)
the requirements to be met for the issue, renewal, or continuation of all certificates of competence that are required under these regulations:
(b)
competency requirements that are required by these regulations to be met by mine workers who are not required by these regulations to hold a certificate of competence:
(c)
competency requirements that are required by these regulations to be met by a site senior executive in addition to holding a certificate of competence:
(d)
competency requirements that are required by these regulations or Schedule 3 of the Act to be met by health and safety representatives or industry health and safety representatives in the mining sector.
(3)
Prescribed competency requirements must specify,—
(a)
for the issue of a certificate of competence, the qualifications (including the unit standards to be achieved) and experience required; and
(b)
for the renewal of a certificate of competence, the continuing education required to be completed for the renewal under regulation 44.
(4)
Prescribed competency requirements may specify, for the continuation of a certificate of competence, the continuing education required to be completed for the continuation under clause 7 of Schedule 1.
(5)
Prescribed competency requirements for the issue, renewal, or continuation of a certificate of competence may include additional or alternative requirements relating to 1 or more of the following:
(a)
a mining operation that involves the extraction of coal:
(b)
a mining operation that involves working underground:
(c)
an operation that uses explosives.
(6)
Subclause (5) does not apply to a certificate of competence or any other competency requirement for a site senior executive.
Regulation 34: replaced, on 18 July 2023, by regulation 147 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 2023, by regulation 148 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
35 Certificates of competence
(1)
The following kinds of certificate of competence may be issued under regulation 41:
(a)
site senior executive:
(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:
(ea)
A-grade metalliferous mine manager:
(eb)
B-grade metalliferous 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:
(ha)
A-grade alluvial mine manager:
(hb)
B-grade alluvial mine manager:
(i)
A-grade tunnel manager:
(j)
B-grade tunnel manager:
(k)
coal mine underviewer:
(l)
supervisor:
(m)
coal mine deputy:
(ma)
gas monitor:
(n)
electrical superintendent:
(o)
mechanical superintendent:
(p)
mine surveyor:
(q)
ventilation officer:
(r)
winding engine driver.
(2)
Certificates of competence must—
(a)
specify the types of operation to which they apply; and
(b)
specify whether the holder has met any applicable additional or alternative requirements prescribed in accordance with regulation 34(5).
Compare: SR 2013/483 r 35
Regulation 35(1)(a): replaced, on 18 July 2023, by regulation 149(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 35(1)(ea): inserted, on 18 July 2023, by regulation 149(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 35(1)(eb): inserted, on 18 July 2023, by regulation 149(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 35(1)(ha): inserted, on 18 July 2023, by regulation 149(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 35(1)(hb): inserted, on 18 July 2023, by regulation 149(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 35(1)(ma): inserted, on 18 July 2023, by regulation 149(4) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 35(2): inserted, on 18 July 2023, by regulation 149(5) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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 in accordance with 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 2023, by regulation 150 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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 in accordance with regulation 34(3)(b) or (4) for a holder of that certificate of competence.
Compare: SR 2013/483 r 43
Regulation 43: amended, on 18 July 2023, by regulation 151 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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:
(ba)
the type of operation to which the certificate applies:
(bb)
whether the holder has met any applicable additional or alternative requirements prescribed for the certificate in accordance with regulation 34(5):
(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
Regulation 47(2)(ba): inserted, on 18 July 2023, by regulation 152 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 47(2)(bb): inserted, on 18 July 2023, by regulation 152 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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).
Mine workers not required to hold certificate of competence
Heading: replaced, on 18 July 2023, by regulation 153 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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 in accordance with 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(2): amended, on 18 July 2023, by regulation 154 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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
51A Application
(1)
This Part applies to any mining operation, quarrying operation, or alluvial mining operation.
(2)
In this Part, unless the context otherwise requires,—
operation means,—
(a)
in relation to a mining operation, a mining operation:
(b)
in relation to a quarrying operation, a quarrying operation:
(c)
in relation to an alluvial mining operation, an alluvial mining operation
worker means,—
(a)
in relation to a mining operation, a mine worker:
(b)
in relation to a quarrying operation, a quarry worker:
(c)
in relation to an alluvial mining operation, an alluvial mine worker.
Regulation 51A: inserted, on 18 July 2023, by regulation 155 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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, a quarrying operation, or an alluvial 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, a coal exploration operation, a quarrying operation, or an alluvial mining 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).
Regulation 52(1): amended, on 18 July 2023, by regulation 156(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 52(2)(a): amended, on 18 July 2023, by regulation 156(2) 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; and
(d)
for a quarrying operation, from the commencement of the physical development of the quarrying operation and construction of the quarry infrastructure, including earthworks, until the operation is abandoned; and
(e)
for an alluvial mining operation, from the commencement of the physical development of the alluvial mining operation and construction of the mining infrastructure, including earthworks, until the operation is abandoned.
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).
Regulation 53(d): inserted, on 18 July 2023, by regulation 157 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 53(e): inserted, on 18 July 2023, by regulation 157 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, a quarrying operation, or an alluvial mining operation must ensure that—
(a)
a process is in place to systematically identify the hazards to workers at the 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 2023, by regulation 158(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).
Regulation 54(1)(a): amended, on 18 July 2023, by regulation 158(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, a quarrying operation, or an alluvial mining operation must ensure that—
(a)
a process is in place to assess the inherent risk of injury or illness to workers from identified hazards at the operation and to identify the controls required to manage that risk; 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)
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 2023, by regulation 159(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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).
Regulation 55(1)(a): amended, on 18 July 2023, by regulation 159(2) 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 for a mining operation, a quarrying operation, or an alluvial mining operation must contain at least the following:
(a)
the relevant operator’s health and safety policy, including broad aims in relation to the healthy and safe operation of the operation:
(b)
a description of the processes used to identify the hazards present at the operation, to assess the inherent risk of injury or illness to workers from those hazards, and to identify the controls required to manage those risks 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 operation that may create hazards:
(f)
a description of the management structure for managing health and safety at the operation, including competency requirements and arrangements for filling temporary and permanent vacancies, and competency requirements for acting positions in the structure:
(g)
monitoring and auditing matters as required by regulation 57:
(h)
a description of the worker participation practices required under section 61 of the Act:
(i)
a description of the arrangements in place to monitor the health and safety of workers at the operation:
(j)
any principal hazard management plans and principal control plans required for the operation by these regulations:
(k)
a description of the arrangements in place to monitor, assess, and inspect workplaces within the operation:
(l)
any other matter required by these regulations to be included in the health and safety management system.
(2)
In addition to complying with subclause (1), the health and safety management system for a coal exploration operation must contain a process that the gas monitor for the operation will follow if methane is detected at the operation.
(3)
The health and safety management system must be set out at a level of detail commensurate with the nature, size, and complexity of the operation and the hazards and any other relevant matters associated with the operation.
(4)
The health and safety management system must be prepared in a form and expressed in a way that is easily understood by any worker.
Regulation 56: replaced, on 18 July 2023, by regulation 160 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 for a mining operation, a quarrying operation, or an alluvial mining operation 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 relevant 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
Regulation 57: amended, on 18 July 2023, by regulation 161(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 57(a)(i): amended, on 18 July 2023, by regulation 161(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
58 Periodic review of health and safety management system
(1)
The responsible person for an 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 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 2023, by regulation 162(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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).
Regulation 58(1)(a): amended, on 18 July 2023, by regulation 162(2) 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 an 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 operation:
(b)
if a notifiable event occurs in the 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 operation:
(d)
if there is evidence that a hazard in the 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 operation is suspended:
(g)
if the operation has been suspended, before the 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 2023, by regulation 163(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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 2023, by regulation 163(2) 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)(b): amended, on 18 July 2023, by regulation 163(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 59(1)(c): amended, on 18 July 2023, by regulation 163(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 59(1)(d): amended, on 18 July 2023, by regulation 163(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 2023, by regulation 163(2) 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).
Regulation 59(1)(g): amended, on 18 July 2023, by regulation 163(2) 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, a quarrying operation, or an alluvial 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 workers and their representatives about the content of the health and safety management system; and
(b)
provide 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).
Regulation 60(1): amended, on 18 July 2023, by regulation 164(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 60(2)(a): amended, on 18 July 2023, by regulation 164(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 60(2)(b): amended, on 18 July 2023, by regulation 164(2) 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 relevant 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 operation as required by regulation 66(1)(a).
(2)
The relevant 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 relevant operator must ensure that the records referred to in subclause (1) are made available, on request, to WorkSafe, a health and safety representative, or (in the case of an underground coal mine) 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
Regulation 61(1): amended, on 18 July 2023, by regulation 165(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 61(1)(d): amended, on 18 July 2023, by regulation 165(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 61(2): amended, on 18 July 2023, by regulation 165(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 61(3): amended, on 18 July 2023, by regulation 165(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 61(3): amended, on 18 July 2023, by regulation 165(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Subpart 5—Providing health and safety management system documentation to workers
Subpart 5 heading: amended, on 18 July 2023, by regulation 166 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
62 Providing health and safety management system documentation to workers
(1)
The relevant operator for an operation must ensure that, before a worker commences work at the operation,—
(a)
the worker is given a written summary of the health and safety management system for the operation; and
(b)
the worker is informed of the right to access the current version of the health and safety management system.
(2)
The relevant operator must ensure that the current version of the health and safety management system is readily accessible by a worker at the operation.
(3)
The relevant operator must ensure that a worker is given access to—
(a)
the current versions of the principal hazard management plans that are relevant to the work the worker is to carry out; and
(b)
the current versions of the principal control plans that are relevant to the work the 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 worker is to carry out.
(4)
If the health and safety management system is revised under subpart 4, the relevant operator must ensure that each worker at the operation is made aware of any revision that is relevant to work being carried out by that 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
Regulation 62 heading: amended, on 18 July 2023, by regulation 167(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 62(1): amended, on 18 July 2023, by regulation 167(2)(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 62(1): amended, on 18 July 2023, by regulation 167(2)(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 62(1): amended, on 18 July 2023, by regulation 167(2)(c) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 62(1): amended, on 18 July 2023, by regulation 167(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 62(1)(a): amended, on 18 July 2023, by regulation 167(2)(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 62(1)(a): amended, on 18 July 2023, by regulation 167(2)(c) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 62(1)(b): amended, on 18 July 2023, by regulation 167(2)(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 62(2): amended, on 18 July 2023, by regulation 167(2)(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 62(2): amended, on 18 July 2023, by regulation 167(2)(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 62(2): amended, on 18 July 2023, by regulation 167(2)(c) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 62(3): amended, on 18 July 2023, by regulation 167(2)(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 62(3): amended, on 18 July 2023, by regulation 167(2)(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 62(3)(a): amended, on 18 July 2023, by regulation 167(2)(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 62(3)(b): amended, on 18 July 2023, by regulation 167(2)(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 62(3)(c): amended, on 18 July 2023, by regulation 167(2)(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 62(4): amended, on 18 July 2023, by regulation 167(2)(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 62(4): amended, on 18 July 2023, by regulation 167(2)(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 62(4): amended, on 18 July 2023, by regulation 167(2)(c) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
63 Providing health and safety management system documentation to contractor
(1)
This regulation applies to a person who is engaged by the relevant operator to provide services if the person’s employees, or other workers engaged by the person to provide those services, will be,—
(a)
in relation to a mining operation, mine workers; or
(b)
in relation to a quarrying operation, quarry workers; or
(c)
in relation to an alluvial mining operation, alluvial mine workers.
(2)
The relevant 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
Regulation 63(1): replaced, on 18 July 2023, by regulation 168(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 63(2): amended, on 18 July 2023, by regulation 168(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
64 Duty to provide instruction
(1)
The relevant operator must ensure that—
(a)
workers at the operation are provided with suitable instruction in relation to the health and safety management system before commencing work; and
(b)
a record of having provided the 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
Regulation 64(1): replaced, on 18 July 2023, by regulation 169 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Part 4 Principal hazard management plans
64A Application
(1)
This Part applies to any mining operation, A-grade quarrying operation, or A-grade alluvial mining operation, unless specifically provided otherwise.
(2)
In this Part, unless the context otherwise requires,—
operation means,—
(a)
in relation to a mining operation, the mining operation:
(b)
in relation to an A-grade quarrying operation, the A-grade quarrying operation:
(c)
in relation to an A-grade alluvial mining operation, the A-grade alluvial mining operation
worker means,—
(a)
in relation to a mining operation, a mine worker in that operation:
(b)
in relation to an A-grade quarrying operation, a quarry worker in that operation:
(c)
in relation to an A-grade alluvial mining operation, an alluvial mine worker in that operation.
Regulation 64A: inserted, on 18 July 2023, by regulation 170 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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; and
(c)
in relation to an A-grade quarrying operation or an A-grade alluvial 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)
roads and other vehicle operating areas:
(iii)
explosives; and
(d)
in relation to an A-grade quarrying operation or an A-grade alluvial 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).
Regulation 65(c): inserted, on 18 July 2023, by regulation 171 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 65(d): inserted, on 18 July 2023, by regulation 171 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)
At a mining operation, an A-grade quarrying operation, or an A-grade alluvial mining operation, the responsible person for the operation must—
(a)
carry out an appraisal of the operation to identify principal hazards at the 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 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): replaced, on 18 July 2023, by regulation 172(1) 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).
Regulation 66(2)(b): amended, on 18 July 2023, by regulation 172(2) 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, A-grade quarrying operation, or A-grade alluvial 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
Regulation 67(a): amended, on 18 July 2023, by regulation 173 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
68 Content of principal hazard management plans
Each principal hazard management plan for a mining operation, an A-grade quarrying operation, or an A-grade alluvial mining operation 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 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 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
Regulation 68: amended, on 18 July 2023, by regulation 174(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 68(d): amended, on 18 July 2023, by regulation 174(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 68(h): amended, on 18 July 2023, by regulation 174(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
69 Review and revision of principal hazard management plans
(1)
In addition to complying with regulation 58, the responsible person for an 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 an 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 relevant 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 operation is abandoned.
(5)
The relevant 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 2023, by regulation 175(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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(2): amended, on 18 July 2023, by regulation 175(1) 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 2023, by regulation 175(2)(a) 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 2023, by regulation 175(2)(b) 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).
Regulation 69(5): amended, on 18 July 2023, by regulation 175(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, an A-grade quarrying operation, or an A-grade alluvial 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 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 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).
Regulation 71(1): amended, on 18 July 2023, by regulation 176(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 71(2)(a): amended, on 18 July 2023, by regulation 176(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 71(2)(e): amended, on 18 July 2023, by regulation 176(2) 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 a mining operation, an A-grade quarrying operation, or an A-grade alluvial 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 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 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 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 workers’ access to and exit from their place of work within the 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 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 operation:
(b)
the conditions of the road or other vehicle operating area in the particular area of the 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 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(1): amended, on 18 July 2023, by regulation 177(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 80(1)(a): amended, on 18 July 2023, by regulation 177(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 80(1)(b): amended, on 18 July 2023, by regulation 177(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 80(1)(f): amended, on 18 July 2023, by regulation 177(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 80(1)(k): amended, on 18 July 2023, by regulation 177(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 80(1)(k): amended, on 18 July 2023, by regulation 177(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 80(2): amended, on 18 July 2023, by regulation 177(4) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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).
Regulation 80(2)(a): amended, on 18 July 2023, by regulation 177(4) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 80(2)(b): amended, on 18 July 2023, by regulation 177(4) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 80(3): amended, on 18 July 2023, by regulation 177(4) 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 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, an A-grade quarrying operation, or an A-grade alluvial mining operation must, at a minimum, address the following matters:
(a)
transportation of explosives at the operation:
(b)
explosive precursors:
(c)
inspection of and reporting on the safety of equipment used at the 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 operation and used at the 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 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 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 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 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 2023, by regulation 178(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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(a): amended, on 18 July 2023, by regulation 178(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 86(c): amended, on 18 July 2023, by regulation 178(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 86(e): amended, on 18 July 2023, by regulation 178(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 86(g): amended, on 18 July 2023, by regulation 178(2) 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(m): amended, on 18 July 2023, by regulation 178(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 2023, by regulation 178(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 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)
(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, an A-grade quarrying operation, or an A-grade alluvial mining operation, the responsible person must ensure that there is a principal control plan for the 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 2023, by regulation 179(a) 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 2023, by regulation 179(b) 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, an A-grade quarrying operation, or an A-grade alluvial 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).
Regulation 93: amended, on 18 July 2023, by regulation 180 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, an A-grade quarrying operation, or an A-grade alluvial 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, an A-grade quarrying operation, or an A-grade alluvial mining operation must ensure that a principal control plan is reviewed after—
(a)
the occurrence of an accident at the operation involving any hazard that the principal control plan was intended to manage:
(b)
a material change in the management structure at the operation that may affect the principal control plan:
(c)
a material change in plant used or installed at the 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 relevant 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 operation is abandoned.
(4)
The relevant 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 2023, by regulation 181(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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 2023, by regulation 181(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(2)(a): amended, on 18 July 2023, by regulation 181(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 94(2)(b): amended, on 18 July 2023, by regulation 181(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 94(2)(c): amended, on 18 July 2023, by regulation 181(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 2023, by regulation 181(3)(a) 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 2023, by regulation 181(3)(b) 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).
Regulation 94(4): amended, on 18 July 2023, by regulation 181(4) 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 of the following operations in which 1 or more principal hazards have been identified:
(a)
a mining operation:
(b)
an A-grade quarrying operation:
(c)
an A-grade alluvial mining operation.
Regulation 103: replaced, on 18 July 2023, by regulation 182 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
104 Consultation with emergency services
(1)
When developing an emergency management control plan for an operation, the responsible person must consult—
(a)
the fire, police, and ambulance emergency services that have responsibility for the area in which the 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): replaced, on 18 July 2023, by regulation 183 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 operation:
(b)
the people or positions at the operation who have, or who will have, responsibilities in relation to emergencies at the operation, and the details of those responsibilities:
(c)
the events that activate the plan:
(d)
the use of communication systems during emergencies at the operation:
(e)
the giving of timely notice, information, and warnings about emergencies to anyone potentially affected by an emergency at the operation, including to any persons nominated as next of kin by workers at the operation:
(f)
measures to be taken to isolate an area of the operation affected by an emergency:
(g)
the availability of the following to respond to an emergency at the operation:
(i)
the emergency services; and
(ii)
in the case of a mining operation to which the Mines Rescue Act 2013 applies, the Mines Rescue Trust Board:
(h)
the means to locate and account for people at the operation in the event of an emergency at the operation:
(i)
the maintenance of an accurate record of all people underground at a mining operation at any time 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 operation in an emergency, including the conditions that will prompt withdrawal of workers from the operation where there is an imminent risk of injury or illness to workers:
(k)
appropriate transportation from the operation:
(l)
first-aid arrangements at the operation, including first-aid equipment, facilities, and services and the 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 workers in firefighting:
(n)
a procedure to ensure prompt notification of—
(i)
all relevant emergency services; and
(ii)
in the case of a mining operation to which the Mines Rescue Act 2013 applies, 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): replaced, on 18 July 2023, by regulation 184 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 an 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)
workers are provided with training in the emergency management control plan and that the provision of this training is recorded.
(2)
The relevant operator must ensure that the 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 the case of a mining operation, in addition to complying with regulation 62, the responsible person 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 2023, by regulation 185(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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(1)(b): amended, on 18 July 2023, by regulation 185(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 106(2): amended, on 18 July 2023, by regulation 185(3) 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 2023, by regulation 185(4) 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 the following operations where 1 or more principal hazards have been identified that may have long-term effects on the health of the workers in the operation:
(a)
mining operations:
(b)
A-grade quarrying operations:
(c)
A-grade alluvial mining operations.
Regulation 107: replaced, on 18 July 2023, by regulation 186 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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 workers who work at the operation.
(2)
The worker health control plan must also—
(a)
provide for the development of strategies (proportionate to the hazards present at the operation and to how a worker’s behaviour may affect the worker’s safety or the safety of others at the operation) to deal with fatigue or consumption of drugs and alcohol; and
(b)
set out a detailed process for obtaining urgent medical treatment for workers who suffer serious injury or illness at the operation, taking into account the nature of the terrain where the operation is located and the remoteness of the operation from the nearest hospital or other place where medical assistance may be provided.
Compare: SR 2013/483 r 108
Regulation 108(1)(n): amended, on 18 July 2023, by regulation 187(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 108(1)(n): amended, on 18 July 2023, by regulation 187(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 108(2)(a): amended, on 18 July 2023, by regulation 187(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 108(2)(a): amended, on 18 July 2023, by regulation 187(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 108(2)(b): amended, on 18 July 2023, by regulation 187(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 108(2)(b): amended, on 18 July 2023, by regulation 187(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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 in accordance with regulation 34.
Compare: SR 2013/483 r 111
Regulation 110(2): amended, on 18 July 2023, by regulation 188 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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)
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).
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, quarrying operations, and alluvial mining operations
Part 7 heading: amended, on 18 July 2023, by regulation 189 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
116 Application
This Part applies to all mining operations, quarrying operations, and alluvial mining operations, unless specifically provided otherwise.
Compare: SR 2013/483 r 117
Regulation 116: amended, on 18 July 2023, by regulation 190 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Ground or strata instability
117 Installation of ground or strata support
(1)
A relevant 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 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).
Regulation 117(1): amended, on 18 July 2023, by regulation 191(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 117(1)(b): amended, on 18 July 2023, by regulation 191(2) 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 manager of the operation 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 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).
Regulation 118(1): amended, on 18 July 2023, by regulation 192(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 118(1)(b): amended, on 18 July 2023, by regulation 192(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
High-risk working faces
Heading: inserted, on 18 July 2023, by regulation 193 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
118A Application of regulation 118B
(1)
Despite regulation 116, regulation 118B applies only to—
(a)
a quarrying operation at which no more than 4 quarry workers ordinarily work at any one time; and
(b)
an alluvial mining operation at which no more than 4 alluvial mine workers ordinarily work at any one time.
(2)
For the purposes of subclause (1),—
alluvial mine worker has the meaning given in regulation 22(5)
quarry worker—
(a)
means a worker at the quarrying operation who is involved with—
(i)
extracting any material, other than coal or any mineral, from the earth; or
(ii)
processing any material, other than coal or any mineral, at the place where the material is extracted; but
(b)
excludes—
(i)
the quarry manager appointed under regulation 14; and
(ii)
any worker at the quarrying operation who is not involved in extracting or processing any material from the earth (for example, an office worker).
Regulation 118A: inserted, on 18 July 2023, by regulation 193 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
118B Obligations for high-risk working faces
(1)
A quarry operator or an alluvial mine operator must—
(a)
obtain geotechnical advice from a competent person about any high-risk working face at the operation; and
(b)
take that advice into account when developing, documenting, implementing, and maintaining the health and safety management system for the operation.
(2)
In this regulation, high-risk working face means a working face that—
(a)
is at least 15 metres high; or
(b)
poses a significant risk to workers as a result of 1 or more of the following factors:
(i)
the height of the working face:
(ii)
the ground type at the base of the working face:
(iii)
the angle of the working face’s slope:
(iv)
the strength of the rock on the working face:
(v)
the composition of the rock on the working face:
(vi)
the geological structure of the working face:
(vii)
the bedding surfaces of the working face:
(viii)
the presence of water on or around the working face; or
(c)
is part of an excavation that, at its deepest, is more than 30 metres below the surrounding ground level.
(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.
Regulation 118B: inserted, on 18 July 2023, by regulation 193 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)
A relevant operator must ensure that the following are given adequate consideration in the design, layout, operation, construction, and maintenance of each road within the 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 operation, 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 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
Regulation 119(1): amended, on 18 July 2023, by regulation 194(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 119(1): amended, on 18 July 2023, by regulation 194(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 119(1)(c): amended, on 18 July 2023, by regulation 194(3) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 119(1)(e): amended, on 18 July 2023, by regulation 194(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
120 Operation of mobile plant by authorised workers only
(1)
A relevant operator must ensure that mobile plant is operated at the operation only by a competent person who is authorised in writing by the relevant operator.
(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
Regulation 120 heading: amended, on 18 July 2023, by regulation 195(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 120(1): replaced, on 18 July 2023, by regulation 195(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Defects discovered during inspection of tips
121 Defects discovered during inspection of tips
(1)
A relevant operator must ensure that any person who carries out an inspection of a tip at the operation—
(a)
makes a written record of all defects discovered during the inspection; and
(b)
informs the mine manager, quarry manager, or alluvial mine manager (as applicable) of the defects that require immediate rectification.
(2)
The relevant 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 relevant 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
Regulation 121(1): replaced, on 18 July 2023, by regulation 196(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 121(2): amended, on 18 July 2023, by regulation 196(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 121(3): amended, on 18 July 2023, by regulation 196(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Explosives
122 Explosives
(1)
A relevant operator must ensure that—
(a)
no person uses, handles, or issues explosives at the 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; and
(b)
explosives used at the operation are—
(i)
authorised by the relevant operator:
(ii)
stable:
(iii)
appropriate 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; and
(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 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—
(a)
the operation’s health and safety management system, in the case of —
(i)
a quarrying operation at which no more than 4 quarry workers ordinarily work at any one time; or
(ii)
an alluvial mining operation at which no more than 4 alluvial mine workers ordinarily work at any one time; or
(b)
in all other mining operations, quarrying operations, and alluvial mining operations, the operation’s principal hazard management plan for explosives.
(3)
For the purposes of subclause (2),—
alluvial mine worker has the meaning given in regulation 22(5)
quarry worker has the meaning given in regulation 118A(2)
(4)
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.
Regulation 122: replaced, on 18 July 2023, by regulation 197 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Conveyor belts
123 Conveyor belts
(1)
A relevant operator must ensure that, where a conveyor belt or belts are used at the 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)
A relevant 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
Regulation 123(1): amended, on 18 July 2023, by regulation 198(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 123(1): amended, on 18 July 2023, by regulation 198(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 123(2): amended, on 18 July 2023, by regulation 198(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Emergency
124 Crush injuries and rescue of trapped or injured persons
(1)
A relevant operator must ensure that there are adequate and appropriate means available at the 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
Regulation 124(1): amended, on 18 July 2023, by regulation 199(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 124(1): amended, on 18 July 2023, by regulation 199(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
125 Treatment and transport of sick and injured workers
(1)
A relevant operator must ensure that suitable and sufficient facilities, including first-aid equipment and workers trained in first aid, are available at the mining operation, quarrying operation, or alluvial mining operation to provide first aid to sick or injured workers, including in the underground parts of an underground mining operation or tunnelling operation.
(2)
The relevant operator must ensure that arrangements are in place, or an appropriate vehicle is available at the operation, to transport sick or injured workers from the 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
Regulation 125 heading: amended, on 18 July 2023, by regulation 200(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 125(1): replaced, on 18 July 2023, by regulation 200(2) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 125(2): amended, on 18 July 2023, by regulation 200(3)(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
Regulation 125(2): amended, on 18 July 2023, by regulation 200(3)(b) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
126 Resuscitation equipment
(1)
A relevant operator must ensure that—
(a)
suitable resuscitation equipment is available for all parts of the mining operation, quarrying operation, or alluvial mining operation; and
(b)
people trained to use the equipment are available at the operation; and
(c)
there is a procedure for any 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
Regulation 126(1): replaced, on 18 July 2023, by regulation 201 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).
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)
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 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